2026_RFB_028 Janitorial Services.pdf

For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/forestparkga

REQUEST FOR BID

2026-RFB-028

Janitorial Services

Friday, July 17, 2026

Table Of Contents

For

Project ID: 2026-RFB-028

1. REQUEST FOR BID OVERVIEW

2. REQUEST FOR BID PROCEDURES

3. GENERAL TERMS AND CONDITIONS

4. MINIMUM SPECIFICATIONS

5. SCOPE OF WORK

6. PRICE SCHEDULE SHEET

7. VENDOR RESPONSE

8. ATTACHMENTS

Attachments:

A - Janitorial Tasks Frequency Schedule for City Departments (Facilities)

B - CLAYTON COUNTY CERTIFIED SLBEs LIST-6.15.26

REQUEST FOR BID OVERVIEW

1. PURPOSE

Forest Park Government (the City) is soliciting bids for Janitorial Services from qualified and experienced janitorial service providers to perform routine cleaning, sanitation, and maintenance services for various

City-owned facilities. The purpose of this contract is to maintain a clean, safe, and sanitary environment for employees, residents, and visitors.

The contract will be for an initial one (1) year term with the City reserving the right for two (2) optional one-year renewals at the City’s discretion. It is estimated that there are eight (8) locations requiring frequent janitorial services. This RFB will cover any other City-owned or leased facilities that may require janitorial services within the term of the contract.

This procurement is being conducted in accordance with all applicable provisions of the City’s Code of

Ordinances, including its Procurement Code, and the particular method of source selection for the services sought in this RFB is Code Section 3-1-16; Competitive Sealed RFBs.

By submitting a RFB concerning this procurement, the Bidder acknowledges that it is familiar with all laws applicable to this procurement, including, but not limited to, the City’s Code of Ordinances and Charter, which laws are incorporated into this RFB by reference. Each Bidder also agrees to participate in and abide by all requested information and abide by all City Programs.

The City reserves the right to cancel any and all solicitations and to accept or reject, in whole or in part, any and all RFBs when it is for good cause and in its best interest. The City reserves the right to select the lowest, responsive, and responsible respondent the City deems is in the best interest of the City.

2. ANTICIPATED SCHEDULE

Date Issued: July 17, 2026

Pre-Bid Conference

(Mandatory):

August 6, 2026, 11:00am

Public Works Department 5230 Jones

Road

Forest Park, GA 30297

Deadline for Submission of

Questions:

August 12, 2026, 5:00pm

Bid Opening: August 21, 2026, 2:00pm

Microsoft Teams https://teams.microsoft.com/meet/27301

6892993182?p=tskfTJb5SNC97ThtC3

The purpose of any Pre-Bid Conference is to provide bidders with detailed information regarding the project and to address questions and concerns. There will be representatives from the appropriate City Department available at the conference to discuss this project and to answer any questions. Bidders are required to attend https://teams.microsoft.com/meet/273016892993182?p=tskfTJb5SNC97ThtC3 https://teams.microsoft.com/meet/273016892993182?p=tskfTJb5SNC97ThtC3 the Pre-Bid Conference. Bidders will be allowed to ask questions during the Pre-Bid Conference. However, please note that oral answers to questions during the Pre-Bid Conference are not authoritative.

3. GENERAL INFORMATION

A. BID OPENING:

Sealed bids will be received for Janitorial Services through the City's e-Procurement Portal located at https://procurement.opengov.com/portal/forestparkga no later than 2:00 pm, Friday, August 21, 2026.

RFBs will be publicly opened and read one (1) minute after 2:00 pm on the respective due date virtually via Microsoft Teams link https://teams.microsoft.com/meet/232763067445777?p=cj4cTC2cJP8HTsjaye.

Bid shall be valid for 90 days from and including the bid opening date.

B. QUESTIONS:

Bidders shall submit all inquiries regarding this bid via the City's e-Procurement Portal, located at https://procurement.opengov.com/portal/forestparkga/projects/259859 Please note the deadline for submitting inquiries. All answers to inquiries will be posted on the City's e-Procurement Portal. Bidders may also click “Follow” on this bid to receive an email notification when answers are posted. It is the responsibility of the bidder to check the website for answers to inquiries.

C. ADDITIONAL INFORMATION/ADDENDA:

The City will issue any corrections or amendments it deems necessary in written addenda issued prior to the bid opening date. Bidders should not rely on any representations, statements, or explanations other than those made in this RFB or in any addendum to this RFB. Where there appears to be a conflict between the RFB and any addendum issued, the last addendum issued will prevail. It is the responsibility of the Bidder to ensure awareness of all addenda issued for this solicitation. Bidders are required to register for an account via the City's e-Procurement Portal hosted by OpenGov. Once the bidder has completed registration, they will receive addenda notifications to their email by clicking

“Follow” on this project. Ultimately, it is the sole responsibility of each bidder to periodically check the site for any addenda at https://procurement.opengov.com/portal/forestparkga.

REQUEST FOR BID PROCEDURES

4. BIDDER INFORMATION

A. Bid Submittal and Required Signatures

Sealed bids will be received for Janitorial Services through the City's e-Procurement Portal located at https://procurement.opengov.com/portal/forestparkga. Bids must be signed by an officer or agent of the firm having the authority to execute contracts. Failure to return all pages of this Request for Bid may result in bid being deemed non-responsive.

B. Minimum specifications are intended to be open and non-restrictive. Contractors are invited to inform the Department of Finance - Purchasing whenever specifications or procedures appear not to be fair and open. Such information should be supplied as early in the procurement process as possible. Information received in less than five (5) days prior to the scheduled bid opening will not be acted upon unless the

Department of Finance - Purchasing rules that it is in the best interest of the City to consider.

https://procurement.opengov.com/portal/forestparkga https://teams.microsoft.com/meet/232763067445777?p=cj4cTC2cJP8HTsjaye https://procurement.opengov.com/portal/forestparkga https://procurement.opengov.com/portal/forestparkga https://procurement.opengov.com/portal/forestparkga/projects/259859

C. Brand names and numbers when provided in solicitations are for reference and to establish a quality standard. Any reference to a brand name shall not be construed as restricting Bidders to that manufacturer (unless “no substitutes” is stated). Bids on equal items will be considered, provided the bid clearly describes the article offered and it is equal or better in quality and function and fully compatible with this requirement.

D. By submitting a bid, Bidder warrants that any goods or services supplied to the City of Forest Park

Government meet or exceed the specifications set forth in this solicitation.

E. If any supplies, materials, and equipment are provided to the City under this solicitation, then such items shall be new and in first-class condition unless the solicitation specifically allows offers of used, reconditioned, or remanufactured items. If newly manufactured products are specified, such products shall be of recent origin and not previously used. No equipment of any type is acceptable if serial numbers or any other manufacturer’s identification labels or marks have been removed, obliterated, or changed in any way. A Contractor delivering any such equipment to the City will be deemed to have breached the contract and appropriate action will be taken by the City of Forest Park Department of

Finance - Purchasing.

F. Time of delivery is a part of the solicitation and an element of the contract that is to be awarded. If the

Bidder cannot meet the required service delivery dates, a bid should not be submitted. Failure to deliver in accordance with the contract could result in the Contractor being declared in default.

G. Bid Withdrawal

Respondents may withdraw their RFB at any time prior to the submittal deadline by clicking "Unsubmit

Response" on the https://procurement.opengov.com/portal/forestparkga/projects/259859. The respondent may submit another RFB at any time prior to the submittal deadline. No RFB may be withdrawn after the submittal date and time without approval by the City. Such approval shall be based on the respondent’s submittal, in writing of reason acceptable to the City in its sole discretion.

H. Expenses of Preparing Responses to this RFB

The City accepts no responsibility for any expenses incurred by Bidders who submit bids in response to this RFB. Such expenses are to be borne exclusively by the Bidders.

I. Electronic RFB Documents

J. This RFB is being made available to all Bidders by electronic means. By responding to this RFB, Bidder acknowledges and accepts full responsibility to ensure that it is responding to the correct form of RFB, including any addenda issued by the City's Department of Finance - Purchasing. Bidder acknowledges and agrees that in the event of a conflict between the RFB in the Bidder's possession and the version maintained by the Purchasing Division, the version maintained by the City's Department of Finance -

Purchasing shall govern. The RFB document is available for download at the City’s e-Procurement website located at https://procurement.opengov.com/portal/forestparkga.

It is the responsibility of each Bidder to ensure that its submission is received by 2:00 pm on the bid due date. The City's e-Procurement Portal Clock is the official clock for the determination of all deadline dates and times. Without exception, responses will not be accepted after the submission deadline https://procurement.opengov.com/portal/forestparkga/projects/259859 regardless of any technical difficulties such as poor internet connections. The City strongly recommends completing your response well ahead of the deadline. Paper, Telephone or fax bids will not be accepted.

K. Illegal Immigration Reform and Enforcement Act

This RFB is subject to the Illegal Immigration Reform and Enforcement Act of 2011 (“IIREA” or “the

Act”). IIREA was formerly known as the Georgia Security and Immigration Compliance Act or GSCIA.

Pursuant to the Act, the Bidder must provide with its RFB proof of its registration with and continuing and future participation in the E-Verify Program established by the United States Department of

Homeland Security. A completed Contractor Affidavit, set forth in Part 4; Illegal Immigration Reform and Enforcement Act Forms, must be submitted with the RFB. Under state law, the City cannot consider any RFB which does not include completed forms. Where the business structure of a Bidder is such that

Bidder is required to obtain an Employer Identification Number (EIN) from the Internal Revenue

Service, Bidder must complete the Contractor Affidavit on behalf of and provide a Federal Work

Authorization User ID Number issued to, the Bidder itself. Where the business structure of a Bidder does not require it to obtain an EIN, each entity comprising Bidder must submit a separate Contractor

Affidavit. It is not the intent of this notice to provide detailed information or legal advice concerning the

Act. All Bidders intending to do business with the City are responsible for independently apprising themselves of and complying with the requirements of the Act and assessing its effect on City procurements and their participation in those procurements. For additional information on the E-Verify program or to enroll in the program, go to: https://e-verify.uscis.gov/enroll. Additional information on completing and submitting the Contractor Affidavit (Form 2) precedes the Affidavit.

L. Attention to General Terms and Conditions

Bidders are cautioned to thoroughly understand and comply with all matters covered under the General

Terms and Conditions section of this RFB. The successful Bidder(s) will enter into a contract approved by the City. The City’s RFB document and attachments, subsequent City addenda, and the Bidder’s response documents are intended to be incorporated into a contract. All Bidders should thoroughly review this document prior to submitting a bid. Any proposed revisions to the terms or language of this document must be submitted in writing with the bid. Since proposed revisions may result in a bid being rejected if the revisions are unacceptable to the City, bidders should review any proposed revisions with an officer of the firm having authority to execute the contract. No alterations can be made in the contract after award is made.

M. Applicable Diversity Program

The City’s Diversity Program is applicable to this procurement. By submitting a RFB in response to this procurement, each Bidder agrees to comply with such applicable Diversity Program.

N. Ethics Rules

Bidders are subject to the Ethics provision within the City of Forest Park Ordinance. Any violations will be addressed pursuant to these policies and rules.

O. Business License

Please provide a copy of a valid company business license with your bid or upon award. Georgia https://e-verify.uscis.gov/enroll companies are to submit a valid county or city business license. Contractors that are not Georgia companies are to provide a certificate of authority to transact business in the State of Georgia and a copy of a valid business license issued by its home jurisdiction. If Bidder holds a professional certification which is licensed by the state of Georgia, then Bidder may submit a copy of its valid professional license with Bidder’s bid or upon award unless the Minimum Specifications require submittal with the bid. Any license submitted in response to this RFB shall be maintained by the Contractor for the duration of the contract.

5. CONTRACT AWARD

A. Bids submitted will be evaluated and recommended for award to the lowest, responsive, and responsible

Bidder(s).

B. The intent of this bid is to make an all-award; however, the City reserves the right to multi-award or by line item. The City may accept any item or group of items on any bid, whichever is in the best interest of the City.

C. The City reserves the right to reject any and all bids, to waive informalities, and to re-advertise.

D. The judgment of Forest Park Department of Finance - Purchasing on matters, as stated above, shall be final. The City reserves the right to decide which Bid will be deemed lowest, responsive, and responsible.

GENERAL TERMS AND CONDITIONS

6. GENERAL INFORMATION

A. In the event of a conflict between any provisions contained in any of the documents governing this transaction, the following shall be the order of precedence: Change Orders or modifications; the

Contractor’s accepted Response; and the City’s RFB.

B. The Contractor’s services shall include all things, personnel, materials, and supplies necessary to provide the goods or services that are in compliance with the specifications as authorized by the City.

C. Bidder extends to the City the option to renew the contract for two (2) additional one-year terms, under the same price(s), terms and conditions, and in accordance with Section Term.

7. DELIVERY

Delivery of services or goods will commence within 30 days as defined in service schedule upon contract execution.

All prices are to be firm, F.O.B. Destination, Freight Prepaid and Allowed. This shall include delivered, unloaded, and placed in designated place. Delivery must be made between 9:00 A.M. and 2:30 P.M.

Monday through Friday, unless otherwise required. The successful bidder shall give a 24-hour prior notice of delivery to the Department or Division calling in the order and must ask for caller’s telephone number as well as Purchase Order form and address, since 24-hour Notice of Delivery is required.

8. DELIVERIES BEYOND THE CONTRACTUAL PERIOD

This contract covers all requirements that may be ordered, as distinguished from delivered, during the contract term. This is for the purpose of providing continuity of supply by permitting the City to place orders as requirements arise in the normal course of supply operations. Accordingly, any order mailed (or received, if forwarded by other means than through the mail) to the Contractor on or before the expiration date of the contract and providing for delivery within the number of days specified in the contract, shall constitute a valid order.

9. FOREIGN PRODUCTS

The City of Forest Park prefers to buy items produced and/or manufactured in the United States of America;

however, foreign products may be considered provided it is so stated. Bidder certifies that items offered on this bid is/are manufactured and produced in the United States.

10. CITY REQUIREMENT

The contract will be an “Indefinite Quantity” type with City requirements to be satisfied on an “as ordered” basis. The City makes no promise, real or implied, to order any quantity whatsoever. This RFB and resulting contract will provide for the normal requirements of Forest Park, and contracts will be used as primary sources for the articles or services listed herein. Articles or services will be ordered from time to time in such quantities as may be needed. As it was impossible to determine the precise quantities of items described in this invitation that will be needed during the contract term, each contractor is obligated to deliver all articles and services that may be ordered during the contract term.

11. WARRANTY AND/OR GUARANTY

Contractor warrants that its services under this Agreement shall be free of defects in materials and workmanship for a period of ninety (90) days. The Contractor shall not be liable for indirect, special, or exemplary damages. The Contractor shall be liable for direct damages.

The bidder will state below or will furnish a separate letter attachment, which fully explains the conditions of Warranty and/or Guaranty. If no Warranty and/or Guaranty are applicable, it must be so stated.

NOTE: FAILURE TO RESPOND TO THE REQUIREMENTS OF THIS PARAGRAPH MAY RESULT

IN THE BID BEING DEEMED NON-RESPONSIVE.

12. SAMPLES & TESTING

Samples of items, when required, must be submitted within the time specified, and unless otherwise specified by the City, at no expense to the City. If not destroyed by testing, samples will be returned at bidder's request and expense, unless otherwise specified by the request for Bid. Since tests may require several days for completion, the City reserves the right to use a portion of any supplies before the results of the tests are known, without prejudice to any final adjustments, rejecting the unused portion of the delivery and payment will be made on an adjusted basis for the used portion. The costs of inspections and tests of any item which fails to meet the advertised specifications shall be borne by the bidder.

13. LITERATURE

When the bidder proposes to furnish another product, he is required to furnish, with his bid, literature describing the item(s) being offered. Failure to furnish this literature may result in the bid being deemed non-responsive.

14. SILENCE OF SPECIFICATIONS

The apparent silence of these specifications and any supplemental specifications as to any details, or the omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship is to be first quality. All interpretations of this specification shall be made upon the basis of this statement, with City interpretation to prevail.

15. Term

The Contractor shall commence the Work under this Contract within as defined in service schedule days from the acknowledgement of receipt of the Notice to Proceed (“Commencement Date”). The Initial Term of this Agreement shall be for twelve (12) calendar months, beginning on the Commencement Date. This annual contract comes with two (2) annual options to automatically renew. Prior to the expiration of the

Initial Term, the parties have the option to renew this agreement for a First annual Renewal Term of twelve

(12) calendar months. Prior to the expiration of the First annual Renewal Term, the parties have the option to renew this Agreement for a Second annual Renewal Term of twelve (12) calendar months. Without further action by either party, this Agreement will terminate at the end of the Initial Term or at the end of each annual Renewal Term.

16. PRICING

A. Alterations to the Price Schedule may result in the Bidder being deemed non-responsive and the bid may be rejected.

B. Price Reductions: If at any time after the date of award, the Contractor makes a general price reduction in the comparable price of any article or service covered by the contract to customers generally, an equivalent price reduction based on similar quantities and/or considerations shall apply to the contract for the duration of the contract period (or until the price is further reduced). Such price reduction shall be effective at the same time and in the same manner as the reduction in the price to customers generally. An occasional sale at a lower price, or sale of distressed merchandise at a lower price, would not be considered a general price reduction under this paragraph. For purposes of this paragraph, a general price reduction shall mean any reduction in the price of an article or service offered:

1. To Contractor's customers.

2. In the Contractor's price schedule for the class of customers; i.e., wholesalers, jobbers, retailers, etc., which was used as the basis for bidding on this contract.

C. The Contractor shall invoice the City at such reduced price indicating on the invoice that the reduction is pursuant to General Terms and Conditions, as stated within the RFB.

D. Price Escalation Clause: During the life of the contract, the awarded bidder shall furnish price lists to the City for increases, and those of the bidder’s supplier (e.g. factory) increases, as prices change. The bidder must also provide a list of the supplier’s (e.g. factory’s) previous price(s) to the City for purposes of comparison. Price changes will be in effect only after receipt and approval by the Director of the

Department of Finance-Purchasing. Price lists and changes thereto are to be furnished under the contract and without charge to the City. Catalog(s) or Price List(s) must be submitted to the Department of Finance - Purchasing, City Hall, 745 Forest Parkway, Forest Park, Georgia 30297.

E. By submission of this bid and completion of the non-collusion affidavit, the bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization that in connection with this procurement:

F. The prices in this bid have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor, G. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly to any other bidder or to any competitor: and

H. No attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition.

17. PAYMENT

A. The City shall pay the Contractor based upon the accepted bid prices submitted by Bidder. Invoices should be signed by the Bidder or authorized delegate and must contain the authorizing City of Forest

Park Purchase Order (PO) and/or Blanket Purchase Agreement (BPA) Number in order for payment to be processed. PO Number must also be on the delivery ticket.

B. Invoice(s) must be submitted as follows:

A copy of the original invoice(s) must be submitted to the department requesting services.

Public Works

5230 Jones Road

Forest Park, GA 30297

C. The City’s official payment terms are Net 30. Payment dates that fall on a weekend or on a holiday will be issued on the City’s next business day.

18. ACCURACY OF WORK

The Contractor shall be responsible for the accuracy of the Work and any error and/or omission made by the

Contractor in any phase of the Work under this Agreement.

19. ADDITIONAL WORK

The City shall in no way be held liable for any work performed under this section which has not first been approved in writing by the City in the manner required by applicable law and/or the terms of this

Contract. The City may at any time order changes within the scope of the Work without invalidating the

Contract upon seven (7) days written notice to the Contractor. The Contractor shall proceed with the performance of any changes in the Work so ordered by the City unless such change entitles the Contractor to a change in Contract Price, and/or Contract Term, in which event the Contractor shall give the City written notice thereof within fifteen (15) days after the receipt of the ordered change, and the Contractor shall not execute such changes until it receives an executed Change Order from the City. No extra cost or extension of time shall be allowed unless approved by the City and authorized by execution of a Change

Order. The parties’ execution of any Change Order constitutes a final settlement of all matters relating to the change in the Work which is the subject of the Change Order. The City shall not be liable for payment for any work performed under this section which has not first been approved in writing by the City in the manner required by applicable law and/or the terms of this Contract.

20. OWNERSHIP OF DOCUMENTS

All documents, including drawings, estimates, specifications, and data are and remain the property of the

City. The Contractor agrees that the City may reuse any and all plans, specifications, drawings, estimates, or any other data or documents described herein in its sole discretion without first obtaining permission of the

Contractor and without any payment of any monies to the Contractor therefore. Any reuse of the documents by the City on a different site shall be at its risk and the Contractor shall have no liability where such documents are reused.

21. RIGHT TO AUDIT

The City shall have the right to audit all books and records, including electronic records, relating or pertaining to this contract or agreement, including but not limited to all financial and performance related records, property, and equipment purchased in whole or in part with City funds and any documents or materials which support whose records, kept under the control of the Contractor, including but not limited to those kept by the Contractor’s employees, agents, assigns, successors and subcontractors.The City also has the right to communicate with Contractor’s employees related to the audited records.

The Contractor shall maintain such books and records, together with such supporting or underlying documents and materials, for the duration of this contract and for seven (7) years after termination or expiration, including any and all renewals thereof. The books and records, together with supporting documents and materials shall be made available, upon request to the City or its designee, during normal business hours at the Contractor’s office or place of business. In the event that no such locations are available, then the books, records and supporting documents shall be made available for audit at a time and location which is convenient for the City.

22. SUCCESSORS AND ASSIGNS

The Contractor agrees it shall not sublet, assign, transfer, pledge, convey, sell, or otherwise dispose of the whole or any part of this Contract or his right, title, or interest therein to any person, firm, or corporation without the previous written consent of the City. If the City consents to any such assignment or transfer, then the Contractor binds itself, its partners, successors and assigns to all covenants of this Contract.

Nothing contained in this Contract shall create, nor be interpreted to create privity, or any other relationship whatsoever, between the City and any person, or entity or other Contractor.

23. REVIEWS AND ACCEPTANCE

Work performed by the Contractor shall be subject to review and acceptance in stages as required by the

City. Acceptance shall not relieve the Contractor of its professional obligation to correct, at his own expense, any errors in the Work.

24. TERMINATION OF AGREEMENT

The Contractor understands and agrees that the date of the beginning of Work, rate of progress, and time for completion of the Work are essential conditions of this Contract. Both parties may, for its own convenience and at its sole option, without cause and without prejudice to any other right or remedy of the party, elect to terminate the Contract by delivering to the other party, at the address listed in the Notices section of this Contract, a written notice of termination specifying the effective date of termination. Such notice shall be delivered to the other party at least thirty (30) days prior to the effective date of termination. If Contractor’s services are terminated by the City, the termination will not affect any rights or remedies of the City then existing or which may thereafter accrue against Contractor or its surety.

In case of termination of this Contract before completion of the Work, Contractor will be paid only for the portion of the Work satisfactorily performed through the effective date of termination as determined by the

City. Neither party shall be entitled to recover lost profits, special, consequential or punitive damages, attorney’s fees or costs from the other party to this Contract for any reason whatsoever. This Contract shall not be deemed to provide any third-party with any remedy, claim, right of action, or other right. The parties’ obligations pursuant to this Section shall survive any acceptance of Work, or termination or expiration of this Contract .

25. INDEMNIFICATION AGREEMENT

The Contractor shall be responsible from the execution date or from the time of the beginning of the Work, whichever shall be the earlier, for all injury or damage of any kind resulting from the Work, to persons or property, including employees and property of the City. The Contractor shall exonerate, indemnify, and save harmless the City, its elected officials, officers, employees, agents and servants, hereinafter collectively referred to in this Section as “the City Indemnitees,” from and against all claims or actions based upon or arising out of any damage or injury (including without limitation any injury or death to persons and any damage to property) caused by or sustained in connection with the performance of this Contract or by conditions created thereby or arising out of or any way connected with Work performed under this Contract, as well as all expenses incidental to the defense of any such claims, litigation, and actions. Furthermore, Contractor shall assume and pay for, without cost to the City Indemnitees, the defense of any and all claims, litigation, and actions suffered through any act or omission of the Contractor, or any Subcontractor, or anyone directly or indirectly employed by or under the supervision of any of them. Notwithstanding any language or provision in this Contract, Contractor shall not be required to indemnify any City Indemnitee against claims, actions, or expenses based upon or arising out of the City Indemnitee’s sole negligence. As between the City Indemnitees and the Contractor as the other party, the Contractor shall assume responsibility and liability for any damage, loss, or injury, including death, of any kind or nature whatever to person or property, resulting from any kind of claim made by Contractor’s employees, agents, vendors, Suppliers or Subcontractors caused by or resulting from the performance of Work under this Contract, or caused by or resulting from any error, omission, or the negligent or intentional act of the Contractor, vendors, Suppliers, or Subcontractors, or any of their officers, agents, servants, or employees. The

Contractor shall defend, indemnify, and hold harmless the City Indemnitees from and against any and all claims, loss, damage, charge, or expense to which they or any of them may be put or subjected by reason of any such damage, loss, or injury. The Contractor expressly agrees to provide a full and complete defense against any claims brought or actions filed against the City Indemnitees, where such claim or action involves, in whole or in part, the subject of the indemnity contained in this Contract, whether such claims or actions are rightfully or wrongfully brought or filed. The City has the sole discretion to choose the counsel who will provide the defense. No provision of this Contract and nothing herein shall be construed as creating any individual or personal liability on the part of any elected official, officer, employee, agent or servant of the City, nor shall the Contract be construed as giving any rights or benefits hereunder to anyone other than the parties to this Contract. The parties’ obligations pursuant to this Section shall survive any acceptance of Work, or termination or expiration of this Contract.

26. INSURANCE

The Insurance and/or Bonding requirements for any Agreement that may be awarded pursuant to this RFB will be issued (i.e., payment and performance bonds). However, each Bidder must include a copy of their liability accord insurance document with this RFB submittal. All RFBs more than $50,000.00 will require an RFB Bond and a Performance Bond.

Successful Bidder(s) will advise their insurance agent of the City’s requirements as listed below and that they may not proceed with any work until insurance is provided that is in compliance with these requirements. Insurance must be from companies able to do business in Georgia and acceptable to the City.

The Vendor/Contractor/Subcontractor shall purchase and maintain insurance of the following types of coverage and limits of liability:

A. Commercial General Liability (CGL) with limits of Insurance of not less than $1,000,000 each occurrence and $2,000,000 Annual Aggregate.

1. If the CGL coverage contains a General Aggregate Limit, such General Aggregate shall apply separately to each project.

2. CGL coverage shall be written on ISO Occurrence form CG 00 01 0413 or a substitute form providing equivalent coverage and shall cover liability arising from premises, operations, independent contractors, products-completed operations, and personal and advertising injury.

3. CGL coverage shall be issued on an "Occurrence" basis. "Claims Made" coverage is not acceptable.

4. Defense costs shall be outside of policy limits. Eroding limits coverage is not acceptable.

5. The CGL coverage shall not be limited by excluding coverage for work performed by subcontractors

(CG 22 94, CG 22 95 or equivalent).

6. Owner and all other parties as required by Owner, shall be included as insureds on the CGL, using combination of ISO Additional Insured Endorsements CG 20 10 04 13 and CG 20 37 04 13, or an endorsement approved by the Owner providing equivalent or broader coverage to the additional insureds. This insurance for the additional insureds shall be as broad as the coverage provided for the named insured subcontractor. It shall apply as Primary and Non-Contributing Insurance before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured. Therefore, coverage provided the additional insureds shall not require or contemplate contribution by any other policy or policies obtained by, or available to, and additional insured; any other such coverage shall be excess over the coverage to be provided by the subcontractor. The limits of coverage provided to the additional insureds shall be the same as the limits available to the Vendor/Contractor/Subcontractor. Thus, in the event that the coverage obtained by Vendor/Contractor/Subcontractor contains greater limits than the minimum limits required above , the additional insureds shall be entitled to such greater limits, and this Agreement shall be deemed to require such greater limits.

7. Vendor/Contractor/Subcontractor shall maintain CGL coverage for itself and all additional insureds for the duration of the project and maintain Completed Operations coverage for itself and each additional insured for at least three (3) years after completion of the work.

8. The CGL coverage shall not contain any deductible that exceeds $10,000.00. If the CGL contains a deductible, the Vendor/Contractor/Subcontractor shall be responsible for the deductible amount for any paid claim. However, Owner, at its option, can choose to pay the deductible and recoup such payment from the Subcontractor.

B. Automobile Liability

1. Workers' Compensation Insurance Coverage for all of Vendor/Contractor/Subcontractor's employees at the site of the Project, with statutory required limits.

2. Employers Liability Insurance limits of at least $500,000 each accident for bodily injury by accident and $500,000 each employee for injury by disease and $500,000 bodily injury by disease policy limit.

C. Commercial Umbrella

1. Umbrella limits must be at least $2,000,000 with such coverage to include Employers' Liability, General Liability and Automobile Liability, as underlying policies.

2. Umbrella coverage must include as additional insureds all entities that are additional insureds on the

CGL.

3. Umbrella coverage for each additional insureds shall apply as primary and noncontributory basis before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured other than the Employers Liability coverages maintained by the

Vendor/Contractor/Subcontractor.

D. Workers Compensation and Employers Liability

1. Workers' Compensation Insurance Coverage for all of Vendor/Contractor/Subcontractor's employees at the site of the Project, with statutory required limits.

2. Employers Liability Insurance limits of at least $500,000 each accident for bodily injury by accident and $500,000 each employee for injury by disease and $500,000 bodily injury by disease policy limit.

E. Personal Property

1. Vendor/Contractor/Subcontractor shall secure, pay for, and maintain "all risk" Property Insurance necessary for protection against the loss of all capital equipment and tools, including but not limited to: staging towers, forms, scaffolding, hoists, and cranes, that are owned, leased, borrowed or rented by Vendor/Contractor/Subcontractor (or its employees), or by any of its Sub-subcontractors (or their employees).

2. Owner shall not be liable for any loss or damage whatsoever to Personal Property owned, leased, borrowed or rented by Vendor/Contractor/Subcontractor, as described in sections a) above.

3. Failure of Vendor/Contractor/Subcontractor to secure such insurance as described in sections a) above, or failure to maintain adequate levels of such, coverage, shall not render the Owner or any of its respective agents and employees legally liable or otherwise responsible for any personal property losses by Vendor/Contractor/Subcontractor.

27. ADDITIONAL REQUIREMENTS

A. Vendor/Contractor/Subcontractor and Vendor/Contractor/Subcontractor's insurers waived all rights against Owner and Architect and their agents, officers, directors, and employees for recovery of damages to the extent these damages are covered by any commercial general liability, commercial umbrella liability, business auto liability or workers compensation, employers' liability insurance.

B. Attached to each certificate of insurance shall be copy of Additional Insured Endorsements that are part of the Vendor/Contractor/Subcontractor’s Commercial General Liability, Auto Liability and Umbrella

Policy.

C. These certificates and the insurance policies required by this Exhibit shall contain a provision that coverage afforded under the policies will not be canceled or allowed to expire until at least 30 days prior written notice has been given to the Owner.

D. Acceptance of said certificate will not be deemed to be a waiver of the requirements of this Agreement.

E. All policies will be written by companies licensed to do business in the state where property is located, and which have a rating by Best's Key Rating Guide not less than "A-/VIII".

F. The foregoing provisions relative to insurance shall in no way limit or fix the liability of

Vendor/Contractor/ Subcontractor to Owner, or any other person or entity in respect of any act or omission of Vendor/Contractor/Subcontractor or any breach by Vendor/Contractor/Subcontractor of any obligations or duties owing under this Agreement or otherwise imposed by law.

G. Additional Insureds under this Agreement shall be listed as City of Forest Park, GA (Owner).

1. Certificates shall be issued and delivered to the City and must identify the “Certificate Holder” as follows:

City of Forest Park, Georgia

Director of Finance - Purchasing

City Hall Building

745 Forest Parkway

Forest Park, Georgia 30297

2. The successful contractor shall be wholly responsible for securing certificates of insurance coverage as set forth above from all subcontractors who are engaged in this work.

28. GEORGIA LAWS GOVERN

The laws of the State of Georgia shall govern the construction of this Contract without regard for conflicts of laws. Should any provision of this Contract require judicial interpretation, it is agreed that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party, by reason of the rule of construction, that a document is to be construed more strictly against the party who itself or through its agent prepared same; it being agreed that the agents of all parties have participated in the preparation hereof, and all parties have had an adequate opportunity to consult with legal counsel. In interpreting this Contract in its entirety, the printed provisions of this

Contract, and any additions written or typed hereon, shall be given equal weight, and there shall be no inference by operation of law or otherwise; that any provision of this Contract shall be construed against either party hereto.

29. VENUE

This Agreement shall be deemed to have been made and performed in the City of Forest Park, Georgia. For the purposes of venue, all suits or causes of action arising out of this Agreement shall be brought in the courts of Clayton County, Georgia.

30. CITY REPRESENTATIVE

The City may designate a representative through whom the Contractor will contact the City. In the event of such a designation, said representative shall be consulted and his written recommendation obtained before any request for extra work is presented to the City. Payments to the Contractor shall be made only upon itemized bill submitted to and approved by said representative.

31. CONTRACTOR’S STATUS

The Contractor will supervise and direct the Work, including the Work of all Subcontractors. Only persons skilled in the type of work which they are to perform shall be employed. The Contractor shall, at all times, maintain discipline and good order among his employees, and shall not employ any unfit person or persons or anyone unskilled in the work assigned him. The relationship between the City and the Contractor shall be that of the owner and independent contractor. Other than the consideration set forth herein, the Contractor, its officers, agents, servants, employees, and any Subcontractors shall not be entitled to any City employee benefits including, but not limited to social security, insurance, paid annual leave, sick leave, worker's compensation, free parking, or retirement benefits. All services provided by Contractor shall be by employees of Contractor or its Subcontractors and subject to supervision by Contractor. No officer or employee of Contractor or any Subcontractor shall be deemed an officer or employee of the City. Personnel policies, tax responsibilities, social security payments, health insurance, employee benefits and other administrative policies, procedures or requirements applicable to the Work or services rendered under this

Contract shall be those of the Contractor, not the City.

32. SOLE AGREEMENT

This Contract constitutes the sole contract between the City and the Contractor. The terms, conditions, and requirements of this Contract may not be modified. No verbal agreement or conversation with any officer, agent, or employee of the City, either before or after the award of the Contract, shall affect or modify any of the terms or obligations herein contained. No representations, oral or written, shall be binding on the parties unless expressly incorporated herein.

33. SEVERABILITY

If any provision of this Contract or the application thereof to any person or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances, other than those as to which it is held invalid, shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law.

34. NOTICES

Any notice or consent required to be given by or on behalf of any party hereto to any other party hereto shall be in writing and shall be sent to the Director of the Department of Finance - Purchasing or to the Contractor or his authorized representative on the work site by (a) registered or certified United States mail, return receipt requested, postage prepaid, (b) personal delivery, or (c) overnight courier service. All notices sent to the addresses listed below shall be binding unless said address is changed in writing no less than fourteen days before such notice is sent. Future changes in address shall be effective upon written notice being given by the Contractor to the Director of the Department of Finance - Purchasing or by the City to the

Contractor’s authorized representative via certified first-class U.S. mail, return receipt requested. Such notices will be addressed as follows:

If to the City:

Director of Finance

Department of Finance -Purchasing

City Hall Building

745 Forest Parkway

Forest Park, Georgia 30297

If to the Contractor: Notices shall be sent to the contact information that is listed in the Bidder’s

Response to the RFB.

35. GEORGIA OPEN RECORDS ACT

Information provided to the City is subject to disclosure under the Georgia Open Records Act (“GORA”).

Pursuant to O.C.G.A. § 50-18-72(a)(34), “[a]n entity submitting records containing trade secrets that wishes to keep such records confidential under this paragraph shall submit and attach to the records an affidavit affirmatively declaring that specific information in the records constitute trade secrets pursuant to Article 27 of Chapter 1 of Title 10 [O.C.G.A. § 10-1-760 et seq.]”. Without regard to any designation made by the person or entity making a submission, City of Forest Park considers all information submitted in response to this invitation or request to be a public record that will be disclosed upon request pursuant to the Georgia

Open Records Act, O.C.G.A. §50-18-70 et seq., without consulting or contacting the Responder person or entity making the submission, unless a court order is presented with the submission. Bidders or Responders may wish to consult an attorney or obtain legal advice prior to making a submission.

36. COOPERATIVE PROCUREMENT

The City through the Department of Finance - Purchasing may permit piggybacks to this contract from other city, county, local authority, agency, or board of education if the vendor will extend the same prices, terms, and conditions to the agency. Piggybacking shall only be available where competition was used to secure the contract and only for a period of 12 months following entry, renewal or extension of the contract. This provision shall not apply to any contract where otherwise prohibited or mandated by state law.

MINIMUM SPECIFICATIONS

37. General Information

The Proponent shall have a minimum of three (3) years of experience in the operations and management of all labor, administrative support, materials, parts, tools, equipment, chemicals, supplies, transportation, travel time, and insurance to efficiently and effectively fulfill the requirements under the scope of services as a Janitorial Services provider.

38. Project Description

The Contractor shall provide scheduled janitorial services inclusive of floor and carpet care, cleaning and restocking restrooms, dusting and polishing, window cleaning, litter and refuse removal, kitchen and office cleaning in accordance with the tasks and frequencies identified within the RFB and Attachment A. The

Contractor shall provide all labor, supervision, equipment, tools, materials, and supplies necessary to perform janitorial services in accordance with industry standards and the requirements outlined in this Scope of Work.

Environmentally Responsible Cleaning Practices

The Contractor shall provide janitorial services using environmentally responsible cleaning practices that promote the health and safety of building occupants while minimizing adverse environmental impacts. All cleaning products, equipment, and procedures used under this contract shall, to the greatest extent practicable, support sustainable and environmentally preferable practices.

At a minimum, the Contractor shall comply with the following requirements:

• Utilize cleaning products that meet recognized environmental standards such as Green Seal, EPA Safer

Choice, or equivalent certifications, where applicable.

• Use cleaning equipment that promotes energy efficiency and reduces environmental impact, including high-efficiency vacuums with HEPA filtration and equipment designed to reduce noise and energy consumption.

• Implement cleaning procedures that minimize the use of hazardous chemicals and reduce waste generation.

• Use reusable…