- Due Text
- Thursday, August 13, 2026 12:00pm
- Posted At
- Fri, Jul 17, 2026 8:00 AM
- Documents
- Construction_Manager_At-Risk_Services_for_Upgrades_and_or_Replacement_of_Detention_Security_Systems_-_Phase_One.pdf, A - Immigration Form (E-verify), B - SUBCONTRACTOR_AFFIDAVIT_&_AGREEMENT, C - Sample Contract, D - Judicial Complex
- Numeric Id
- 273829
- Description
- Cobb County (“County”) is issuing this Request for Proposals (“RFP”) for Construction Manager At-Risk (“CM At-Risk”) Services for the Upgrades and/or Replacement of Detention Security Systems for the Cobb County Adult Detention Center (ADC), located at 1825 County Services Parkway Marietta, GA, 30008, and the Judicial Complex Facilities, located at 185 Roswell Street (Bldg. D) Marietta, GA 30090, (“Project”).
This solicitation will be conducted in two steps. Phase One will consist of submission and evaluation of qualifications, staffing, experience, availability, financial information, and initial project approach from interested proposers. Cost information shall not be submitted with Phase One responses.
Following Phase One evaluation, the County will shortlist the highest-ranked proposers for Phase Two. Phase Two will consist of execution of the Non-Disclosure Agreement, release of drawings and available project documentation, mandatory site visits, interviews, evaluation of technical approach, and evaluation of Fee Proposals.
Funding for this project will be SPLOST funding. Funding may be phased and, if so, the project will require component Guaranteed Maximum Price (GMP) packages. The Project is required to comply with State and Federal statutes, rules and regulations, as well as those of Cobb County, including local permitting of the project. Additionally, the Project must comply with all grant rules, regulations, specifications and requirements.
Background
The existing systems at the ADC range greatly in age. There are some Programmable Logic Controllers (PLCs) dating back to 1991 still in operation. The latest updates were made in 2010. The controls range from hard panels to touch screens. The Video Surveillance system has all manner of cameras and discrete housings. Not all of the cameras are connected to the integrated system; some buildings (AOC and G Pod) are stand-alone systems. It is the intent of the County to fully integrate all video surveillance end points into a single networked system.
Timeline
Release Project Date:
July 17, 2026
Pre-Proposal Meeting (Mandatory):
July 24, 2026, 1:00pm
Cobb County Facilities Management 1150 Powder Springs St Ste 200
Marietta, GA 30064
- Document Text
- 1. REQUEST FOR PROPOSALS
Construction Manager At-Risk Services for Upgrades and/or Replacement of Detention Security Systems - Phase One
Cobb County Procurement Services Department
Sealed Proposal #26-6997
Introduction/Background
Cobb County (“Cobb” or “County”) is issuing this Request for Proposals (RFP) to solicit proposals from qualified firms to provide upgrades and/or replacement of Detention Security Systems for the Cobb County Adult Detention Center and the Judicial Complex Facilities.. 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 Mandatory PRE-PROPOSAL MEETING at 1:00 pm on Friday, July 24, 2026, at Cobb County Facilities Management 1150 Powder Springs St Ste 200
Marietta, GA 30064.
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. SCOPE OF WORK
2.1. Project Objectives
Cobb County (“County”) is seeking a Construction Manager At-Risk ("CM At-Risk") to provide Upgrades and/or Replacement of Detention Security Systems for the Cobb County Adult Detention Center, located at 1825 County Services Parkway Marietta, GA, 30008, and the Judicial Complex Facilities, located at 185 Roswell Street (Building D) Marietta, GA 30090, (“Project”), based on the Drawings and Specifications.
This solicitation will be conducted in two steps. Phase One will consist of submission and evaluation of qualifications, staffing, experience, availability, financial information, and initial project approach from interested proposers. Cost information shall not be submitted with Phase One responses.
Following Phase One evaluation, the County will shortlist the highest-ranked proposers for Phase Two. Phase Two will consist of execution of the Non-Disclosure Agreement, release of drawings and available project documentation, mandatory site visits, interviews, evaluation of technical approach, and evaluation of Fee Proposals.
2.2. Historical Background
The existing systems at the ADC range greatly in age. There are some Programmable Logic Controllers (PLCs) dating back to 1991 still in operation. The latest updates were made in 2010. The controls range from hard panels to touch screens. The Video Surveillance system has all manner of cameras and discrete housings. Not all of the cameras are connected to the integrated system; some buildings (AOC and G Pod) are stand-alone systems. It is the intent of the County to fully integrate all video surveillance end points into a single networked system. Storage calculations shall be based on 60 days of storage and seven (7) frames per second, native resolution.
2.3. Anticipated Construction Budget
The anticipated construction budget is approximately $40 to $45 million and is subject to final funding approval, project phasing, design development, and County authorization.
2.4. Project Schedule
The anticipated project schedule and duration will be finalized by the County. Proposers shall account for the following operational constraints in developing their proposed approach and schedule:
Adult Detention Center
Work at the Adult Detention Center will be performed in active, occupied secure facilities and will require phased sequencing, controlled access, coordination of inmate movement, advance approval of shutdowns and cutovers, and maintenance of continuous detention operations.
Judicial Complex
Work at the Judicial Complex will be performed in active court and administrative facilities and may require after-hours, weekend, or holiday work to avoid disruption to court operations, public access, and County functions. Proposers shall account for restricted work windows, security requirements, shutdowns, cutovers, commissioning, and training.
Concurrent Work and Sequencing
Proposers shall describe whether work at the Adult Detention Center and Judicial Complex can be performed concurrently and identify the staffing, supervision, logistics, access, procurement, shutdown, and commissioning requirements necessary to support concurrent activities. The final sequencing of the work will be established by the County in coordination with the CM At-Risk, Design Professional, facility representatives, and other project stakeholders.
2.5. General Scope of Service
The following is a listing of some of the representative services to be provided by the CM At-Risk Contractor. The full scope of services will be defined within the contract executed with Cobb County.
Pre-construction Phase
1. Develop a major task-based bar schedule.
2. Develop a provisional construction schedule indicating methods and sequencing of construction.
3. Develop requirements for safety, quality assurance, and schedule adherence.
4. Perform a “constructability” review of the construction documents.
5. Perform a comprehensive field survey and validation of the existing detention and judicial security electronics systems, including verification of device quantities, locations, operating condition, functionality, connectivity, and compatibility with the proposed systems. Document the results and incorporate them into cost estimates, phasing plans, risk assessments, and GMP development.
6. Develop subcontractor bid packages.
7. Provide detailed construction cost estimates to develop into a Guaranteed Maximum Price to achieve County’s budget.
8. The CM At-Risk shall review the completed construction documents and notify the County and Architect of any conflicts, omissions, or constructability concerns prior to establishment of the Guaranteed Maximum Price (GMP).
9. Provide analysis of different construction methods in each major trade group for potential quality, cost, and schedule enhancements.
10. Develop budget to be maintained throughout construction.
11. Procure all required permits, approvals, etc.
12. Develop value-engineering options.
Construction Phase
1. Maintain on-site staff for construction management.
2. Establish and maintain coordinating procedures.
3. Develop and maintain a detailed schedule (CPM) including delivery, approvals, inspection, testing, construction, and occupancy.
4. Conduct and record job meetings.
5. Prepare and submit change order documentation for approval of the Architect and the County.
6. Maintain a system for review and approval of shop drawings.
7. Maintain records and submit bi-weekly reports and formal monthly reports to Architect and the County.
8. Maintain quality control and ensure conformity to plans.
9. Provide cost control through progress payment review and verifications according to the approved schedule and contract amounts.
10. Develop as-built drawings and deliver to Architect for inclusion into an electronic format to be submitted to Cobb County for maintenance and operations use.
11. Coordinate post-completion activities, including the assembly of guarantees, manuals, closeout documents, training, and the County’s final acceptance.
Warranty Phase
1. Coordinate and monitor the resolution of remaining “punch-list” items.
2. Coordinate, monitor, and resolve all warranty issues to the satisfaction of the County during the one-year general warranty period and as extended.
All Local, County, State, and Federal Codes and regulations must be followed, with particular emphasis on Building Codes, Life Safety Codes, and the Americans with Disabilities Act. Once all contract documents are executed, between the County and the successful proposer, the successful proposer will be required to deliver the services required by this RFP. Cobb County must first approve any change in or substitution of project team members, including any consultant, in writing.
2.6. Locations
Project will include a comprehensive plan to replace or upgrade the electronic control security systems at each facility. Facilities are located at the Cobb County Adult Detention Center, located at 1825 County Services Parkway Marietta, GA, 30008, and Judicial Complex Facilities, located at 185 Roswell Street Marietta, GA 30090.
Cobb County Judicial Complex Facilities
Lawrence Street Parking Deck – 195 Lawrence St NE, Marietta, GA 30060
Cobb County Building A Parking Deck – 120 Cherokee St NE, Marietta, GA 30060
Cobb County Building A – Board of Commissioners – 100 Cherokee St NE, Marietta, GA 30090
State Court – Building B – 12 E Park Square, Marietta, GA 30090
Cobb County Building C - 10 E Park Square, Marietta, GA 30090
Cobb County Probate & Magistrate Court – 32 Waddell St SE, Marietta, GA 30090
Cobb County Sheriff’s Office – Headquarters/Public Safety Building – 185 Roswell St NE, Marietta, GA 30060
Cobb County Juvenile Court - 32 Waddell St SE, Marietta, GA 30090
Cobb County Superior Court – 70 Haynes St, Marietta, GA 30090
Cobb County Adult Detention Center
Building A (aka 1984 or ’84)
Building B (aka 1997 or ‘97)
Building C (aka Tower)
Adult Detention Administration Building
Power Plant
Warehouse (aka G POD)
Advanced Operations Center (AOC, formerly known as Work Release)
Visitor Center
The existing systems at the ADC range greatly in age. There are some Programmable Logic Controllers (PLCs) dating back to 1991 still in operation. The latest updates were made in 2010. The controls range from hard panels to touch screens. The Video Surveillance system has all manner of cameras and discrete housings. Not all of the cameras are connected to the integrated system; some buildings (AOC and G Pod) are stand-alone systems. It is the intent of the County to fully integrate all video surveillance end points into a single networked system. Storage calculations shall be based on 60 days of storage and seven (7) frames per second, native resolution.
The existing discrete security electronics systems at each building shall be replaced with a fully integrated PLC based detention control and monitoring system with audio and video surveillance. The new systems in each building will include:
1. A new programmable logic controller system with a CPU in each equipment room
2. New terminal strips for field wiring
3. New interposing relays for control circuits
4. A new closed security network with a dedicated information transport system and Ethernet LAN
5. A new hybrid digital/IP based intercom and paging system
6. A new IP based video surveillance system with new high definition cameras. Existing cameras to be replaced and new camera locations to be added
7. Integration of all existing field devices including cell and dayroom lighting and cell receptacle control.
8. New Uninterruptable Power Supplies (UPS), dedicated to serve only the SAS components.
9. Integration of entire jail complex to master control including buildings currently not connected such as the AOC and G Pod.
10. Integration between the Jail Campus and the Downtown Judicial Complex.
11. Full integration of all judicial complex buildings into a campus similar to the jail.
12. Master control will be fully renovated. This includes lighting, paint window tinting, flooring and systems furniture. All demolition of the existing controls and interior finishes is included.
13. Local control rooms will have the existing controls and casework demolished and removed and new control equipment and systems furniture will be installed.
14. Mechanical scope will include the installation of mini split systems in the equipment rooms where the heat load is not being properly managed currently.
15. New access control head end equipment including card readers.
2.7. Estimated Equipment Count
There are 500+ cameras in both complexes. Additional device counts for the ADC include the following:
Card Readers - 63
Duress Buttons - 71
Doors - 1251
Intercoms - 921
Interlocks - 44
Paging Speakers - 108
TSDS - 63
Vehicle Detection Loops - 6
The above counts are estimates and based on best efforts to identify device counts from documentation. No additional counts are available
2.8. Provide the Following Qualifications and Information
A. Firm or Firms’ Information
Firm local name, address, and telephone number
Primary local contact person(s) and telephone number(s)
Total number of firm's local full-time employees
Year firm established Local firm’s billings for the last three fiscal years
Local firms' billing for the current fiscal year
Listing, description and outcome of all litigation involving the proposer in the last five (5) years.
Proposer must provide a letter of commitment from surety or sureties regarding bonding capacity and availability.
List any OSHA violations within the past three (3) years.
State your Experience Modification Factor, for the past three (3) years, as related to your Workman’s Comp. Rates.
B. Experience:
1. List of comparable full-service projects completed in the last five (5) years especially related to occupied judicial and/or detention renovation and security system upgrades of similar size and complexity. Include: size, cost, total fee, time to construct, description and cost of contractor change orders, special features (energy conservation, etc.), awards received, and type of project (be sure to specify which projects were similar to projects of this size and type).
2. Provide no more than 3-5 examples of your experience as prime contractor similar to this project (OR other public and private projects that indicate similar experience). For each of these projects:
Provide photographs
Provide an Owner reference familiar with your performance on the project. It is the proposer’s responsibility to ensure that the listed contact and phone number are current.
Provide a Program Manager reference (if applicable).
List the individual who served as the Project Executive/Director, Project Manager, Superintendent, and Cost Estimator. Please note whether this individual is still employed with your firm.
Identify any early release construction packages used on the project, including the scope of each package, timing relative to the final GMP, how budget risk was managed, and whether the final GMP was delivered within the Owner’s approved construction budget.
3. For those projects listed in 1 and 2 above, indicate those projects that included architect, engineering consultant, and contractor serving a corporate or public client as a team.
C. Statement of proposer’s capability to absorb additional workload, availability of personnel, and commitment to provide services on a timely basis.
D. Staffing Management
1. Provide a proposed Organizational Chart, which identifies individual names and areas of responsibility.
2. Submit brief resumes of each key team member, as listed below, in this section of the proposal.
Project Executive/ Project Director
Project Manager
Superintendent
Preconstruction Manager
Field Engineer
Safety Supervisor
Resumes shall show at least the following: Name, specialty, job title, and project job title. The project job title must correspond with the positions listed.
Years of relevant experience with firm, and experience with previous employers. Project experience descriptions must include dates.
Academic degree(s), discipline and year degree(s) received.
Professional registrations.
Name of the firm(s) responsible for the individual and office location where employed.
A synopsis of specific experience, skills, training, or other qualities, which demonstrate the individual's ability to fulfill the duties of their position.
3. Provide a current list of other commitments by the CM At-Risk and its key team members and estimated completion dates by project in this section of the proposal. Indicate the current commitments of individual staff to be assigned to the project and involvement with other projects.
4. Please identify the individual who, from project start to finish, will be the leader of your construction team and the principal point of contact between your firm and the County and Architect along with other consultants.
2.9. Approach and Services
A. Describe your approach to pre-construction services, including constructability reviews, access and maintainability input, lifecycle considerations, and logistics planning.
B. This project has a fixed budget that cannot be exceeded. Describe your approach to cost estimating and value engineering/management, and your approach to ensure the County receives the greatest value and full program for the budget dollars allocated. Additionally, explain your experience mitigating the recent escalation trends and supply chain issues seen in the construction industry. Provide specific examples.
C. Describe your approach to construction contingency management. How is the contingency value determined, how are the funds managed, and what is the expected approval process prior to allocation of funds?
D. Describe your process to successfully manage early release construction packages. Specifically, describe how you will work with and lead the Project Team to minimize risk to the Owner once early construction packages are released by ensuring the GMP will be delivered within the construction budget.
E. Outline your schedule management plan for this Project during preconstruction and construction. Describe the systems and procedures your firm uses to manage the project schedule, including long-lead procurement, phasing, secure-area access, inmate movement coordination, after-hours or weekend work, shutdowns, cutovers, commissioning, training, and potential concurrent work at the Adult Detention Center and Judicial Complex.
F. Outline your Subcontractor management plan, including Contract Document compliance procedures, project accounting procedures, and issue resolution. Describe your process to protect the Owner from Subcontractor or supplier bankruptcy during the course of a project. Describe your approach to management of Design Assist Subcontractors and/or Specialty Contractors in the judicial market.
G. Indicate whether you plan to use a Contractor Controlled Insurance Program (CCIP) and Subcontractor Default Insurance (SDI); if so, provide your Firm’s experience with using these programs and explain in detail how they would benefit the Owner from both a liability and cost standpoint.
2.10. Required Attachments and Forms
Provide the following attachments and forms with the Phase One response:
A letter from a surety confirming the Proposer’s bonding capacity and willingness to bond the Project for the anticipated construction budget.
A current certificate of insurance or other evidence demonstrating the ability to meet the insurance requirements stated in this RFP.
A valid and current Georgia General Contractor’s License. A Residential Basic or Residential/Light Commercial Contractor’s License will not be accepted.
An executed Contractor Affidavit.
The firm’s audited financial statements for the three most recently completed fiscal years, including the income statement and balance sheet.
Immigration compliance documentation.
A completed Conflict of Interest Statement, if required by the County.
Any other forms or attachments required through OpenGov.
2.11. Special Terms and Conditions
In the event there are any discrepancies between the following provisions and other provisions in the bid and contract documents, the following provisions shall prevail:
PERMIT FEES
The CM-at-Risk shall pay all permitting fees associated with the work. The projected costs of the permit fees shall be incorporated into all cost estimates prepared for the project. If permitting fees are not known at the time the GMP is established, the GMP shall include an allowance to cover the permit fees.
EROSION, SEDIMENTATION AND POLLUTION CONTROL MAINTENANCE
The CM-at-Risk is solely responsible for installing and maintaining erosion, sedimentation, and pollution controls for the project in compliance with the permitted plans. No payment will be made for any portion of the project for which temporary erosion, sedimentation and pollution controls are not properly installed and maintained. Any fines or delays for non- compliance of erosion control measures (BMPs) levied by any agency shall be the responsibility of the CM-at-Risk.
The Owner will submit the NPDES Notice of Intent for the project. However, by definition in the permit, the CM-at-Risk is the operator and solely responsible for compliance with all aspects of the NPDES permit including installation, maintenance, all inspections, storm water sampling and documentation required by the permit. Copies of all inspections, reports, submittals, etc. shall be provided to the Owner. Any enforcement actions, including fines, issued by regulating authorities for failure to comply with the terms of the permit or due to any other issues related to erosion control are the responsibility of the CM-at-Risk.
CONTRACT DRAWINGS
The CM-at-Risk will receive a .pdf copy of the plans and specifications from the Design Consultant and shall be responsible for ensuring drawings are printed to scale. Additional hard copy sets of drawings and specifications for the CM-at-Risk’s use during construction may be purchased at no cost to Owner.
APPROVED VENDORS
All references to vendors and "approved manufacturers" are included for description of quality and content of the designated equipment/materials as basis of design. Alternate items may be accepted if they meet all standards of quality and purpose for the intended use, as determined by the Owner unless specifically noted otherwise.
It is the intention to allow alternate products to be bid and incorporated into the project provided they meet all standards of quality and purpose of the intended use as determined by the Owner and Design Consultant.
TIME OF WORK
It is understood that the CM-at-Risk’s proposed construction schedule is based on a normal 40 hour, 5-day workweek, less recognized holidays. If the CM-at-Risk desires to work in excess of this limit, the CM-at-Risk shall submit a written request to the County a minimum of five (5) days prior to the desired work date. The request must include anticipated activities. It is possible that the request may not be approved, especially if the planned activities will result in loud operations.
By County ordinance, the erection or repair of buildings (including excavation), demolition, alteration, or repair of any building, as well as the operation of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, electric saws, drills or other equipment attended by loud or unusual noise are prohibited, other than between the hours of 7:00 a.m. and 9:00 p.m., Monday through Saturday.
SUPERVISION
There shall be at least one (1) designated employee in a position of responsibility representing the CM-at-Risk on the project site at all times. Responsibilities of the designated employee include, but are not limited to planning, supervising, safety and security of the site, coordinating and inspecting all work by the labor force; acting as the primary liaison with the Owner; discussing the work with the Owner and regulating authorities; and translating from English to the language (and vice-versa) used by the workforce.
INCLEMENT WEATHER DAYS
The following inclement weather calendar days shall be anticipated and included in the contractual time period given for project completion.
JANUARY 10 DAYS JULY 4 DAYS
FEBRUARY 10 DAYS AUGUST 2 DAYS
MARCH 7 DAYS SEPTEMBER 2 DAYS
APRIL 6 DAYS OCTOBER 3 DAYS
MAY 4 DAYS NOVEMBER 5 DAYS
JUNE 3 DAYS DECEMBER 9 DAYS
The CM-at-Risk's request for additional time due to weather shall only be granted for days beyond those listed above - considering the full term of the contract. The burden of proof and documentation for such request for additional time shall rest solely upon the CM-at-Risk. Documentation shall be submitted on a daily basis. Failure to submit documentation on a daily basis may result in requests for weather day extensions to be rejected.
Data submitted in support of a request for contract extension due to inclement weather shall include, but not be limited to: daily high and low temperatures at the jobsite; daily rainfall amount at the jobsite; time that rainfall started and stopped; documented snow or ice accumulation; specific critical path work impacted by inclement weather and date stamped photos of the impacted work or work area.
GENERAL CONTRACTOR LICENSE
The CM-at-Risk must be licensed by the state of Georgia as a General Contractor.
COORDINATION OF SUBCONTRACTORS AND DOCUMENTS
The CM-at-Risk is responsible for becoming familiar with the requirements of all construction documents, which includes drawings, bid and contract documents, specifications, and all addenda.
Letter prefixes for each drawing sheet indicating the engineering discipline are for convenience only. Information affecting the scope of work for all trades will be found throughout all documents and is not limited to only those documents with the appropriate letter prefix. The CM-at-Risk is responsible for providing subcontractors all necessary information and drawings.
The drawings and specifications are complementary to each other and what is called for by one shall be binding as if called for by both. If a discrepancy exists between the drawings and specifications, the higher cost item shall be included in the scope, and the Owner notified of the discrepancy.
COORDINATION WITH UTILITIES
The CM-at-Risk is responsible for: arranging for the power service and/or transformer placement with the applicable power provider in locations where transformer(s) are shown on the drawings; staking the transformer location; obtaining approval of the location from the County and power provider; and for payment for power service until the building(s) or facility served by the power is accepted by the County.
The CM-at-Risk shall coordinate his work with any and all existing utilities located on the site that has the potential to have an impact on the work.
The CM-at-Risk shall be responsible for locating tie in points, where applicable, to existing utilities and advising the Owner if existing utilities are not located as shown on the plans.
All new water line piping (including fire lines) is subject to inspection by jurisdictional regulating authorities. The CM-at-Risk is advised that all fire line pipe installation on the site must be inspected by an inspector from the office of the Cobb County Fire Marshal or by the regulating authority in the governing jurisdiction prior to backfilling the pipe. All site water domestic or irrigation pipe installation inside the meter is subject to inspection by Cobb County Community Development, Cobb Water or by other regulating authorities in the governing jurisdiction. The CM-at-Risk shall contact the applicable regulating authorities to verify the inspection requirements. The CM-at-Risk shall obtain all permits required for site water and fire line piping at no additional cost to the Owner.
SCHEDULE OF VALUES
Prior to commencing construction, the CM-at-Risk shall submit a detailed Schedule of Values based on the GMP. The schedule of values will be updated as project buyout dictates changes. The schedule of values shall include costs for all areas of the Work, such that progress payments can be easily evaluated, as determined by the County. The values represented shall reflect actual quotes from subcontractors that have been engaged to complete the work. The schedule of values shall be broken down in sufficient detail to facilitate thorough review. The schedule of values shall show the cost of general conditions, preconstruction fees and the management fee shown on the Fee Proposal Form.
The schedule of values shall specifically include any allowances identified in the contract.
CONSTRUCTION LAYOUT
The CM-at-Risk is responsible for all construction layout and control for the project. Layouts of construction items must consider all elements of the Work adjacent and/or in close proximity; e.g., catch basins must be located for proper relationships with curb and gutter, etc.
The CM-at-Risk shall proceed with construction layout in such a manner that discrepancies between construction items, existing built features and site conditions that are in conflict with the plans may be examined by the Owner’s Representative prior to construction of items in conflict. Failure to notify the Owner’s Representative of conflicts prior to constructing items will result in all remedial actions being paid for by the CM-at-Risk including but not limited to additional materials, reinspection fees, professional service fees and survey cost by all parties to the projects.
TOPOGRAPHIC MAPPING
The topographic mapping utilized for the development of these construction documents will be compiled via field run survey or drone aerial survey unless noted otherwise. These surveys will be prepared following standard survey practices and standards and are the best available information on the site. It is the belief of the Design Consultants that the information will be correct, but neither party warrants or implies a level of accuracy beyond standard surveying practices.
GEOTECHNICAL REPORT
A subsurface investigation will be performed at the site based on experience and recommendations from the Design Consultant and CM-at-Risk. This investigation will be conducted, and the reports obtained, solely for design purposes and are not a part of the Contract Documents. The use and interpretation of this information will be entirely the responsibility of the using party. Neither the Owner nor any Designer on the project is responsible for variations in the subsurface conditions. The CM-at-Risk shall decide for themselves the character of the material to be encountered.
SAFETY AND JOBSITE SECURITY
Safety shall be a prime concern of the CM-at-Risk at all times. The CM-at-Risk shall be solely responsible for and have control over the means, methods, techniques, sequences, and procedures for coordinating and constructing the Work, including site safety and safety precautions and programs. The CM-at-Risk is responsible for providing security fencing, signage, and any other measures necessary to secure the jobsite and protect the safety of the work force and the public. Security fencing shall be a minimum of six (6) feet tall with privacy screening. Security fencing shall, at a minimum, be properly secured using adequate sandbags or other methods to anchor the fence and clamps on posts of adjoining panels to secure the fence. The CM-at-Risk shall keep the work area and adjacent areas clean at all times. Clean up operations shall be conducted on a consistent basis. The CM-at-Risk shall conduct the construction operations with the appropriate level of care to ensure the safety of the workers and the public utilizing the facility. Employees of the CM-at-Risk and any subcontractors shall be cognizant of the fact that the surrounding areas are residential and have a high volume of pedestrian and vehicular traffic. All workers on site shall conduct themselves in an appropriate manner. Actions such as cursing and other unnecessary conduct will not be tolerated.
AS-BUILT DRAWINGS AND DOCUMENTATION
The CM-at-Risk is responsible for submitting as-built documents required by Cobb County including the Storm Water Management Division of Cobb Water. The CM-at-Risk will submit these documents directly to the Design Consultant for review and certification. The as-built documents will require survey confirmation by the CM-at-Risk and include but are not limited to: storm drainage pipes and structures, detention and water quality ponds and swales. The CM-at-Risk must contact Cobb Community Development to determine their requirements and submit all supporting documentation required. These as-built documents must be reviewed and approved by the Cobb County permitting and inspection authorities prior to final acceptance by FACILITIES MAINTENANCE. The Certificate of Occupancy for the buildings may not be issued until the as-built drawings and certifications are approved.
In addition, the CM-at-Risk is required to submit red line as-built drawings documenting all changes from the contract documents. Critical dimensions shall be included as well.
FINAL ACCEPTANCE
All references to guarantee, warranty or payments that are commencing upon “Final Approval”, “Final Certificate for Payment”, or “Substantial Completion” or other similar wording shall commence upon acceptance of the Work by the County.
ALLOWANCE
An allowance will be agreed upon and incorporated into the cost estimate at the time the GMP is established. The allowance will be utilized to fund unforeseen conditions and/or changes during construction. Any additional work to be funded by the allowance must be approved by the Owner prior to proceeding.
OMISSIONS
Omissions and Errors from the drawings, and /or specifications, or the mis-description of details of work which are manifestly necessary to carry out the intent of the drawings and/or specifications, or which are customarily performed, shall not relieve the CM-at-Risk from performing such omitted or mis-described details of the work, but they shall be performed as if fully and correctly set forth and described in the drawings and specifications.
NOTICE OF COMMENCEMENT
The CM-at-Risk shall record a Notice of Commencement with the Cobb County Clerk of Superior Court within 15 days after the CM-at-Risk physically starts work on the property. A copy of the recorded Notice of Commencement shall be provided to the Owner.
CERTIFICATE OF OCCUPANCY
It shall be the responsibility to ensure all required inspections and submittals are completed in a timely manner in order to receive a Certificate of Occupancy or other acceptable final acceptance documents. The CM-at-Risk shall contact and coordinate with Cobb Community Development to identify all inspections and submittals required. The CM-at-Risk shall obtain a final sign off from the Special Inspections testing firm (selected for and paid by the County) and submit it to the Design Consultant for final review and certification. Upon completion of all inspections and submittal and approval of all required as-built documents (see paragraph 20 above) or any other items required by the County, the CM-at-Risk shall pick up the Certificate of Occupancy from Cobb County Community Development and deliver it to Cobb County Facilities Maintenance.
PROGRAM MANAGER
References to “Owner” shall mean Cobb County. References to “Owner’s Representative” shall mean the Program Manager or other representative designated by the County. References to “Architect,” “Engineer,” “Design Consultant,” “Design Professional,” or “Professional” shall mean the applicable design professional of record and shall not be deemed to mean the Program Manager unless expressly stated otherwise.
It is anticipated that a contract for the described work will be entered into with the proposer that, in the opinion of Cobb County, offers the most favorable qualifications. The evaluation by the Selection Committee will be based on the criteria listed above. Proposals shall be prepared per the following Sections, as well as a one-page letter of transmittal signed by an owner, officer, or authorized agent of the firm acknowledging and accepting the terms and conditions of this RFP and an executed Conflict of Interest Statement. An executed “Officer’s Oath” on the form provided will be required of the successful proposer prior to commencing work. An officer shall file the oath that is authorized to sign the RFP and bind the proposer company. If the contractor is a partnership, all of the partners and any officer, agent, or other person who may have represented or acted for them in bidding for procuring the contract shall also make the oath. If the contractor is a corporation, all officers, agents, or other persons who may have acted for or represented the corporation in bidding for or procuring the contract shall make the oath. If such oath is false, the contract shall be void, and all sums paid by the County on the contract may be recovered by appropriate action.
The County reserves the right to reject or accept any or all proposals and to waive technicalities, informalities and minor irregularities in the proposals received. Failure to observe any of the instructions or conditions in this request for proposal may constitute grounds for rejection of proposal. 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.
2.12. Project Limits and Overview
The Project includes work at active, occupied detention and judicial facilities. The CM At-Risk shall coordinate the Work to maintain continuous facility operations, security, public access, and court functions.
Work at the Adult Detention Center is anticipated to be permitted through Cobb County. Work at the Judicial Complex may be subject to permitting through the City of Marietta. The CM At-Risk shall coordinate with and obtain all required permits, approvals, inspections, and certificates from the applicable authority having jurisdiction.
The Project includes review of final design and permit documents, preconstruction services, construction, system integration, testing, commissioning, training, closeout, and warranty services.
Any Owner-furnished equipment or materials shall be coordinated through the CM At-Risk, including delivery, storage, installation, utility connections, testing, and integration with the Work.
2.13. Contract Information
The CM/GC firm will assume responsibility for cost of the project construction by issuing a guaranteed maximum price (GMP) based on the design documents, with the support and assistance of the Design Professional. The CM/GC will commit to a GMP for all construction and site development. The GMP will be a contractual obligation. The CM/GC will also develop an overall project schedule, which will also be a contractual obligation. The CM/GC will function as a CM-At-Risk. During Pre-Construction, the CM/GC will be responsible for pricing, value engineering, and maintainability and constructability issues. Construction will commence with the release of distinct work packages based on the design documents. The CM/GC shall competitively select all construction subcontracts and other work appropriate for competitive selection using cost and other factors. The successful CM/GC shall not be eligible to bid or enter into contract or subcontract for any of the construction or other services of any nature on the project without the specific approval of the Cobb County Director of Facilities Maintenance or his designee. The contract format will be an Actual Cost plus a Fixed Fee not to exceed the Guaranteed Maximum Price (GMP) Agreement. The Project will be Open-Book. A liquidated damages provision will be included in the CM construction contract. All savings, including unused contingency, will be returned to the Owner. The selected firm will be requested to enter into a Construction Management Agreement with Cobb County.
2.14. Contract Performance Bond and Payment Bond
The CM At-Risk shall be required to furnish a contract performance bond and a payment bond executed by a surety company. This company must be listed in the latest issue of U.S. Treasury Circular 570, registered, and duly authorized to do business in the State of Georgia. The bond must be signed (or countersigned) by a local agent, each in an amount that is at least equal to one-hundred percent (100%) of the Contract Price, as security for the faithful performance of this contract and as security for the payment of all persons performing labor and furnishing material in connection with the Contract. The bond amount will be adjusted to the final Guaranteed Maximum Price once it is agreed upon.
The surety shall be acceptable to the County and the bond shall be executed on the form attached. In case of default on the part of the CM At-Risk, all expenses incident to ascertaining and collecting losses under the bond, including both engineering and legal services, shall lie against the bond.
The CM At-Risk shall be required to provide the County a one-year guarantee covering workmanship and materials of the project. The contract performance bond shall remain in force for one year from date of project acceptance by the County. The cost of this bond shall be paid by the CM At-Risk.
2.15. Phase Two
Selected vendors will be invited to participate in Phase Two. The contact person outlined in Phase One will receive an invitation from OpenGov to move to the next phase. You will also receive an email from Cobb County that will include the Non-Disclosure Agreement to sign and return. Once received, the drawings will be provided and you are eligible to attend the MANDATORY Site Visits.
3. PROPOSAL REQUIREMENTS
Proposal Format/Content
Proposal responses shall be prepared simply and economically, providing a straightforward and concise description of the Proposer’s qualifications, experience, staffing, availability, financial capacity, and approach to the Project.
Phase One responses shall not include cost, fee, general conditions pricing, or other pricing information. Cost and Fee Proposal information will be requested only from shortlisted Proposers invited to participate in Phase Two. Any Phase One response containing cost or fee information may be deemed non-responsive.
Responses shall comply with the following format requirements:
Responses shall be formatted for 8 1/2-inch by 11-inch pages.
Responses shall use a minimum 11-point font.
Responses shall be organized using the section headings and sequence listed below.
The total page count shall not exceed 50 pages, excluding Section F Required Attachments and Forms.
Emphasis should be on completeness, relevance, and clarity of content. Unnecessary marketing materials are discouraged.
Phase One responses shall include all information requested in Section 2.8 through 2.10 of the Scope of Work section and shall be organized as follows:
A. Firm Information
B. Experience
C. Availability and Workload Capacity
D. Staffing and Management
E. Approach and Services
F. Required Attachments and Forms
MINIMUM QUALIFICATIONS
To be considered responsive, firms must meet the following Minimum Qualifications:
A. Licensing
Firms must have a State of Georgia General Contractor’s License. A Residential Basic or Residential/Light Commercial Contractor’s License will not be accepted.
B. Bonding Capacity
Firm must have sufficient bonding capacity for the anticipated construction budget or amount identified by the County.
C. Financial Capacity
Firm must demonstrate sufficient cash flow to undertake the project as evidenced by submitted financial statements and financial stability scoring.
D. Insurance Requirements
The Proposer must have insurance coverage to meet the insurance requirements stated in this RFP.
The County may deem a response non-responsive if the Proposer fails to demonstrate the minimum pass/fail qualifications stated above.
4. 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.
4.1. 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.
4.2. 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.
4.3. 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.
4.4. 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.
4.5. 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.
4.6. 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.
4.7. 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.
4.8. 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).
4.9. 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.
4.10. 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.
4.11. 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.
4.12. 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.
4.13. 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.
4.14. 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.
4.15. 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.
4.16. 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.
4.17. 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.
4.18. 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.
4.19. 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.
4.20. 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.
4.21. 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.
4.22. 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.
4.23. 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.
4.24. 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.
4.25. 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.”
4.26. 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.”
4.27. 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.
4.28. 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.
4.29. 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.
4.30. 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.
4.31. 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.
4.32. 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.
4.33. 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.
4.34. 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.
4.35. 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.
4.36. 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.
4.37. 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.
4.38. 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.
4.39. 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.
4.40. 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.
4.41. Insurance
Please see insurance requirements in the Attachment: Sample Contract.
4.42. Contract Term
The term is for the duration of the project.
4.43. Renewals
There are no renewals on this contract.
5. 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 may conduct such investigations or interviews as it deems necessary to assist in the evaluation of any proposal submitted and to establish the qualifications of any respondent to the County’s satisfaction
1. Staffing
Evaluation of the list of personnel specifically assigned for the proposed service, including their qualifications, overall experience, and recent experience on projects of similar nature and complexity to the proposed project.
Scoring Method:
Points Based
Weight (Points):
25 (25% of Total)
2. Approach
Evaluation of the overall understanding of the scope of the proposed project; completeness, adequacy, and responsiveness to the required information of the RFP.
Scoring Method:
Points Based
Weight (Points):
30 (30% of Total)
3. Experience/Performance
Review of past performance on projects of similar nature and complexity as the proposed project; evaluation of client references whether included in the proposal response or not; evaluation of litigation history for the past five (5) years, including for each case: style of the case, parties to the litigation, court in which litigation was filed, and civil action number; nature of claims; whether the case is pending or resolved, and, if resolved, the date of and manner in which it was resolved (e.g., relief granted by court, settlement by or among parties, dispositive motion, trial verdict);
Scoring Method:
Points Based
Weight (Points):
30 (30% of Total)
4. Availability
Evaluation of the workload of the proposing firm and the staffing to be assigned to the proposed project; time schedule of the proposer in relation to that of the proposed project; location of the offices or facilities from which the services are to be provided to the County and the cities.
Scoring Method:
Points Based
Weight (Points):
10 (10% of Total)
5. 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 not be considered for award.
Scoring Method:
Points Based
Weight (Points):
5 (5% of Total)
6. 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
1.4. Has your company been involved in any litigation in the past 5 years?*
Yes
No
*Response required
When equals "Yes"
1.4.1. Include any litigation history for the past five (5) years, including for each case: style of the case, parties to the litigation, court in which the litigation was filed, and civil action number; nature of claims; whether the case is pending or resolved, and, if resolved, the date and manner in which it was resolved (e.g., relief granted by court, settlement by or among parties, dispositive motion, trial verdict.)*
*Response required
2. Financial Statement
2.1. Provide a written copy of your firm’s three (3) most recently audited financial statement. Financial statements shall include an income statement and balance sheet.*
*Response required
3. Proposal
3.1. 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
3.2. Proposal (WITHOUT COST)*
Please upload your proposal here. Do not include cost
*Response required
7. ATTACHMENTS
A - Immigration Form (E-verify)
B - SUBCONTRACTOR_AFFIDAVIT_&_AGREEMENT
C - Sample Contract
D - Judicial Complex
