256866.pdf

COBB COUNTY PROCUREMENT SERVICES DEPARTMENT

122 Waddell Street, NE Marietta, Georgia 30060

(770) 528-8400 /Fax: (770) 528-8428 Email: procurementservices@cobbcounty.org www.cobbcounty.org/procurement-services

IMPORTANT NOTICE – PLEASE READ CAREFULLY!!

ALL proposals MUST be received through the County’s eProcurement Portal at (https://procurement.opengov.com/portal/cobbcoga).

PROPOSALS MUST BE RECEIVED BEFORE 12:00 (NOON) ON

CLOSING DAY

PLEASE CHECK proposal specifications and advertisement for document requirements.

Documents/Forms listed below MUST be submitted when required.

Omission of these documents /forms will cause your bid/proposal to be declared NON-RESPONSIVE.

PROPOSAL SUBMITTAL FORM (Required) ► Official Signature is required on this form guaranteeing the quotation.

CONTRACTOR AFFIDAVIT and AGREEMENT – Exhibit A (Required) ► Affidavit MUST be signed, notarized and submitted with any proposal requiring the performance of physical services If the affidavit is not submitted at the time of the proposal, proposal will be determined non-responsive and will be disqualified.

BID BOND (Not Required)

Thank you in advance for your cooperation.

http://www.cobbcounty.org/purchasing https://procurement.opengov.com/portal/cobbcoga https://www.cobbcounty.org/procurement-services)

PROPOSAL SUBMITTAL FORM

Submit proposal through the County’s eProcurement Portal at

SEALED PROPOSAL #: 25-6866

Request for Proposals

Auditing Services – Business Personal Property

Cobb County Tax Assessor

DELIVERY DEADLINE: January 9, 2025 BEFORE 12:00 P.M. (NOON) EST

(NO PROPOSALS WILL BE ACCEPTED AFTER THIS DEADLINE).

Proposal Closing Date: January 9, 2025 @ 2:00 P.M. in the Cobb County Procurement Services Department, 122 Waddell Street NE, Marietta, Georgia, 30060.

BUSINESS NAME AND ADDRESS INFORMATION:

COMPANY NAME:

CONTACT NAME:

COMPANY ADDRESS:

E-MAIL ADDRESS:

PHONE NUMBER: FAX NUMBER:

NAME AND OFFICIAL TITLE OF OFFICER GUARANTEEING THIS QUOTATION:

PRINT/TYPE NAME TITLE

TELEPHONE: FAX:

PROPOSER WILL INDICATE TIME PAYMENT DISCOUNT:

PROPOSER SHALL INDICATE MAXIMUM DELIVERY DATE (UNLESS OTHERWISE SPECIFIED IN PROPOSAL

SPECIFICATIONS)

SIGNATURE OF OFFICER ABOVE:

(SIGNATURE)

Proposals received after the date and time indicated will not be considered. Cobb County reserves the right to reject any and all proposals, to waive informalities, to reject portions of the proposal, to waive technicalities and to award contracts in a manner consistent with the county and the laws governing the State of Georgia.

The enclosed (or attached) proposal is in response to Sealed Proposal Number 25-6866; is a firm offer, as defined by section O.C.G.A. (s) 11-2-205 of the code of Georgia (Georgia laws 1962 pages 156-178), by the undersigned proposer. This offer shall remain open for acceptance for a period of 90 calendar days from the proposal opening date, as set forth in this invitation to proposal unless otherwise specified in the proposal documents.

NOTICE TO PROPOSERS - PROPOSAL QUOTES MUST INCLUDE INSIDE DELIVERY CHARGES

"STATEMENT OF NO PROPOSAL”

COBB COUNTY PROCUREMENT SERVICES DEPARTMENT

122 WADDELL STREET NE

MARIETTA, GA 30060

TO ALL PROSPECTIVE VENDORS:

Because of the many requests to be placed on our vendors' list, we are continuously updating the list.

While we want to include all bona fide vendors, we do not want to solicit proposals from those vendors who may no longer be interested in participating in our Request for Proposals (RFP) process.

If you do not choose to respond to the attached RFP, please fill out the form below indicating if you want to be retained on our current vendor list.

Vendors who do not respond in any way (by either submitting a proposal or by returning this form) over a period of one year may be removed from the current vendor list.

Vendors who do not wish to submit a proposal will often return the entire solicitation packet. This is not necessary. You may simply upload this form through the County’s eProcurement Portal at

Thank you for your cooperation.

Cobb County Procurement Services Department

"STATEMENT OF NO PROPOSAL”

Sealed Proposal # 25-6866

Request for Proposals

I do not wish to submit a proposal on this solicitation.

I wish to be retained on the vendor list for this commodity and/or service: Yes_____ No ____

Please PRINT the following:

Company Representative

You are invited to list reasons for your decision not to submit a proposal:

REQUEST FOR PROPOSALS

Sealed Proposal # 25-6866

Proposal Closing Date: January 9, 2025

Pre-Proposal Conference: December 17, 2024 @ 3:00 PM (E.S.T.)

West Park Conference Room

Cobb County West Park Government Center 736 Whitlock Avenue Marietta, GA 30064

Proposals Are Received through the

County’s eProcurement Portal at (https://procurement.opengov.com/portal/cobbcoga).

Before 12:00 P.M. (Noon) By the Proposal Closing Date

Proposal Will Be Opened in the Cobb County Procurement Services Department at 2:00 pm 122 Waddell Street NE

Marietta, GA 30060

NAME: ________

ADDRESS:

REPRESENTATIVE:

PHONE: FAX:

E-MAIL__________ _____________________________________________________________

NOTE: The Cobb County Procurement Services Department will not be responsible for the accuracy or completeness of the content of any Cobb County Invitation to Bid or Request for Proposals or subsequent addenda thereto received from a source other than the Cobb County Procurement Services Department.

Request for Proposal

Sealed Proposal #25-6866

Introduction

The Cobb County Board of Tax Assessors (“BTA” or “County”) is seeking proposals from qualified firms (“Firm” or “Consultant”) with experience in auditing personal property accounts for compliance, for auditing services for the Business Personal Property Compliance Audit Program (“Project”), per the statement of work contained herein.

Cobb County intends to award a contract pursuant to this Request for Proposals (RFP) to the selected qualified consultant for the purpose of providing Business Personal Property Audit Services. The contract shall be awarded on a per audit fixed-fee basis with payment rendered upon completion of audit.

The Firm shall defend their audit findings throughout the appeals process. The audits performed will provide the BTA with sufficient information to verify the accuracy of Business Personal Property Tax Reports filed by Cobb County business taxpayers for the current year and three (3) prior years, if appropriate.

Proposals shall be received before 12:00 PM on January 9, 2025 through the County’s eProcurement Portal at (https://procurement.opengov.com/portal/cobbcoga).

The deadline for questions to be submitted is 5:00 PM on December 31, 2024. All questions must be submitted through the County’s eProcurement Portal at (https://procurement.opengov.com/portal/cobbcoga).

A pre-proposal meeting will be held at 3:00 PM on December 17, 2024 in the West Park Conference Room at the Cobb County West Park Government Center, 736 Whitlock Avenue Marietta, GA 30064. Attendance is not mandatory but is highly encouraged.

Contract Term

Contract awarded as a result of proposals submitted under this RFP shall extend from the effective date for a period of thirty-six (36) full months with an option to renew for three (3) additional one (1) year periods at the discretion of the County and upon written agreement by the Vendor. However, the total duration of the contract, including the exercise of any options, shall not exceed six (6) years (basic three

(3) year term and three (3) one (1) year options).

The successful respondent will be required to enter into a contract containing the provisions as required by Georgia law pertaining to multi-year contracts. The following is a sample of the provision and will be adjusted as to the term or as to the length of the contract.

This contract shall terminate absolutely and without further obligation on the part of Cobb County at the close of the calendar year in which it was executed, and at the close of each succeeding calendar year for which it may be renewed as provided in O.C.G.A. Section 36-60-13. The contract shall automatically renew for each of the remaining calendar years provided for in the contract, unless positive action is taken by Cobb County to terminate such contract, and the nature of such action shall be written notice provided to the consulting firm within sixty (60) days before the end of the initial year of the contract or each succeeding remaining calendar year.

This contract shall terminate immediately and absolutely at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of Cobb County under this contract.

Statement of Work

The BTA will designate a Project Manager to coordinate this Project for the County. The successful Firm will perform all the work required pursuant to this contract under the direction of and subject to the approval of the designated Project Manager.

The selected Firm will be required to perform the following tasks and services, at a minimum:

A. Audits may be assigned as a large block of accounts at the beginning of each contract year. This will allow the Firm the flexibility to schedule the audits accordingly and best utilize its personnel and resources. However, all audits assigned must be scheduled to allow for completion prior to the end of each contract year. Audits shall be completed and results submitted to the BTA within 90 days from date scheduled by the Firm.

Exceptions must be submitted in writing to the Project Manager for approval.

B. The audits shall be conducted on business personal property accounts for the purpose of ad valorem taxation to ensure complete and accurate reporting. These services shall include the examination of taxpayer’s personal property tax reports and all supporting documents. The audit will confirm all fixed assets, including machinery and equipment, furniture and fixtures, inventories, and leased equipment, are reported consistently with the regulations in effect for the year in which the assets are being reported.

C. The Firm shall be responsible for scheduling appointments with taxpayers and/or their agents.

D. The audits auditor shall complete a walkthrough of the facilities to observe the operation and condition of the properties being reported. If the taxpayer’s records are maintained at a location outside of Cobb County, the Firm shall make every effort to have the records, or certifiable copies, available at the Cobb County location at the time of the on-site walkthrough. If records cannot be produced in Cobb County, out of town travel plans must be approved in advance. Out of town travel expenses will be reimbursed according to Cobb County’s travel policies in effect at the time out of town travel is approved. If out of town travel is combined for two (2) or more audits, the reimbursed travel expenses will be allocated on a pro rata basis. The BTA may assign employees to accompany the auditor on audits and/or on-site visits as deemed appropriate.

E. Upon completion of each audit, the Firm shall be responsible for computing the valuation of property arising from the audit, which may be subject to tax assessment for the audit period. All valuations will be determined by the application of BTA rules and regulations in effect for the year being audited. Standard BTA policy and appraisal methodology will be applied. The Firm will not attempt to negotiate factual valuation disputes unless authorized by BTA management.

F. The Firm shall verbally discuss audit results with the taxpayer and/or their agent prior to submitting the final results in writing to the taxpayer and the BTA.

G. The Firm shall prepare all necessary correspondence in an electronic format using standard form letters approved by the BTA applicable to the services provided. The electronic formats will be forwarded to the BTA for printing and mailing. All written correspondence to taxpayers must be on BTA stationery and signed by the Personal Property Division Manager. The Firm may assist the BTA in the preparation of other correspondence to taxpayers as deemed necessary by the Personal Property Division Manager. At no time will the Firm have any BTA stationery, blank letterhead, or pre-printed envelopes in its possession.

H. The Firm shall prepare and submit separate detailed progress reports for “Audits -

Outstanding” and “Audits - Completed” at regularly scheduled monthly meetings. The “Audits – Outstanding” report shall include, but not be limited to, the following items:

taxpayers’ name, account number, location address, contact name and phone number, date assigned, audit issues, findings, and outstanding issues. The “Audits – Completed” report shall include all of the above with the addition of final assessment. Include suggested examples of these reports in the Approach section of your proposal.

I. The Firm shall defend its audit findings at each step of the appeals process until a final settlement has been reached.

J. The Firm must commit to comply with a “Confidentiality Statement” for the duration of the assigned audits (see Attachment A).

K. The Firm must commit to comply with a “Conflict of Interest and Contingent Fees

Statement” for the duration of the assigned audits (see Attachment B).

L. The Firm may be asked to assist in the development of a formal training program for employees of the BTA. The program will be designed to assist in training new as well as more experienced employees in reading and understanding various financial reports and basic accounting principles. Include a detailed plan in the Approach section of your proposal and list the corresponding fee structure on the Cost Proposal Form.

M. The Firm may also be asked to assist the BTA in the development of an aggressive program for discovery of new and previously unreported taxpayers. Include a detailed plan in the Approach section of your proposal and list the corresponding fee structure on the Cost Proposal Form.

N. Minimum qualifications of staff members performing the audits shall be as follows:

1. Accounts with an annual Fair Market Value of $1,000,000 or greater shall be completed by an individual holding a CPA designation and licensed to practice in the State of Georgia, with a minimum of three (3) years related experience.

2. Accounts with an annual Fair Market Value under $1,000,000 may be performed by professionals with an accounting degree whose work is supervised and reviewed by a CPA licensed to practice in the State of Georgia.

Proposal Format/Content

Proposals shall be prepared simply and economically, providing a straightforward and concise description of the vendor’s ability to fulfill the requirements of the RFP. The following information shall be included in your response. This outline is not all-inclusive and respondents may add information as deemed appropriate. In order to ensure uniform review process and to obtain the maximum degree of comparability, responses must be organized and submitted in the following format:

1. Company Background

Provide information on company background to include the following:

Firm local name, address, and telephone Contact person, phone number, and e-mail address Total number of firm’s full time employees Number of years in business Listing, description, and outcome of all litigation involving the proposer during the last five (5) years.

2. Experience

Provide information on experience relative to providing similar services, with emphasis on governments similar in size and scope to the County.

List all clients of relative size and project scope for the past five (5) years from all jurisdictions, including other states, with notations on those that are still in effect.

Details shall include a contact name and current telephone number, length of time for each project, and number of audits completed on an annual basis for each jurisdiction. List and explain any contracts with other governmental agencies that were terminated prior to the end of the contract period.

3. Staffing

Provide a brief resume of key staff members that will be involved in providing services to the County under this solicitation specifically those involved in project auditing, project management and executive management. Resumes shall include qualifications, experience, professional certifications, and recent experience on projects of similar scope and complexity.

Provide a Chart of Principals within your firm from Project Managers up that includes names, positions, years of experience with the firm and any other experience deemed appropriate.

Provide an organizational chart detailing the proposed team for Cobb County along with their availability.

Describe any additional proposed staffing you deem necessary for work on this Project.

4. Approach

Provide information on the following:

Audit Work Plan – Detail the proposed audit plan and list the significant tasks, methodologies, and responsibilities in order of completion. Please include information on suggested scheduling or audit calendars, and expected number of accounts that could be audited. Please include examples of management reports and sample correspondence to be used with Cobb County taxpayers.

Training Program – Describe in detail the any proposed staff development and/or training program that could be offered for BTA staff.

Discovery Program – Describe in detail any proposed program to assist the BTA in locating new and unreported businesses located in Cobb County.

Customer Service – Cobb County is committed to providing its taxpayers with the highest level of customer service possible. Outline your firm’s policies and procedures for maintaining this high level of customer service while representing Cobb County to its taxpayers.

County Support – Provide list of requested resources to be provided by Cobb County (space, equipment, etc.).

4. Financial Statement

Provide a copy of the most recent audited financial statement. Financial information shall include an Income Statement and Balance Sheet.

5. Cost

Provide the completed Cost Proposal Form included herein.

Fair Market Value and Account Class will be determined as follows:

o The FMV will be the highest value reported by the taxpayer prior to the audit for any year selected for audit.

o The Account Class will be determined at the time the account is selected for audit and will not be adjusted as a result of the audit findings.

o Approved exemptions, such as Freeport for Inventory and Community Development Projects, will be added to the taxable FMV to determine the total value of the account for Account Class purposes.

o Describe in detail, where indicated, any exclusive or early payment discounts or billing options offered.

An audit usually consists of the most current year and three (3) prior years.

However, prior year financial records are not available in all cases for auditing purposes, therefore some audits consist of less than four (4) years. For pricing purposes, the Account Class based on FMV has been divided into two (2) categories: “1 or 2 -year audits” and “3 or 4 -year audits”.

Evaluation Criteria

Each proposal will be evaluated on the basis of information presented in the proposal package and on an analysis of any other available information provided. The County may conduct such investigations or interviews as it deems necessary to assist in the evaluation of any proposal submitted in order to establish the County’s satisfaction with the qualifications of any respondent. The criteria outlined below, and described further hereinafter, will be used to evaluate the proposals. Criteria are listed in no particular weighted order.

Staffing – Evaluation of the list of personnel specifically assigned to the proposed project, including their qualifications, overall experience, and recent experience on projects of similar nature and complexity to the proposed project.

Experience/Performance – Review of past performance on Cobb County projects or other 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).

Approach – Evaluation of the overall understanding of the scope of the proposed project; completeness, adequacy, and responsiveness to the required information of the RFP.

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

Local Vendor Presence (to be assigned as bonus points)

i. Five (5) qualitative evaluation criteria points will be given to each local vendor that meets the approved qualifications where the estimated cost of professional services is expected to be between $50,000 and $100,000.

ii. Three (3) qualitative evaluation criteria points will be given to each local vendor that meets the approved qualifications where the estimated cost of professional services is expected to exceed $100,000.

iii. Local vendor presence shall not be used as an evaluation criteria for projects when Federal Aid Highway Program (FAHP) funds are involved in the project.

Cost – Evaluation of overall cost of the required services as submitted in the RFP.

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.

Cobb County General Instructions for Proposers, Terms and Conditions

I. Preparation of Proposals

Each proposer shall examine the drawings, specifications, schedule and all instructions. Failure to do so will be at the proposer’s risk, as the proposer will be held accountable for their proposal response.

Unit price for each quotation shall be shown and such price shall include packing 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.

Each proposer shall furnish all information required by the proposal form or document. Each proposer shall sign the proposal and print or type his or her name on the schedule. The person signing the proposal must initial erasures or other changes. An authorized agent of the company must sign proposals.

Requests for Proposals (RFP) issued by Cobb County are advertised on the Cobb County Internet site (www.cobbcounty.org/procurement-services), and on the Georgia Procurement Registry, and every Friday in the Cobb County legal organ, the Marietta Daily Journal.

II. Delivery

Each proposer should state time of proposed delivery of goods or services. Words such as “immediate”, “as soon as possible”, etc. shall not be used. The known earliest 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).

III. Explanation to Proposers

Any explanation desired by a proposer regarding the meaning or interpretation of the Request for Proposal, drawings, specifications, etc. must be received in writing by 5:00 PM on December 31, 2024 in order for a reply to reach all proposers before the close of the bid. Any information concerning an RFP will be furnished to all prospective proposers as an addendum to the invitation if such information is necessary or if the lack of such information would be prejudicial to uninformed proposers. Questions must be submitted through the portal

The written proposal documents supersede any verbal or written communication between parties.

Addenda will be posted on the OpenGov Portal. Receipt of addenda shall be acknowledged in the submitted proposal. It is the proposer’s ultimate responsibility to ensure that they have all applicable addenda prior to bid submittal.

IV. Submission of Proposals

Proposals shall be submitted through the OpenGov Portal on the Cobb County Procurement Services’ website. Physical, emailed or telegraphic/faxed proposals will not be considered.

Unsigned proposals will not be considered.

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 taxes for materials incorporated in county construction projects. Suppliers and contractors should contact the State of Georgia Sales Tax Division for additional information.

Except as otherwise provided by law, information submitted by a proposer in the proposal process shall be subject to disclosure after proposal award in accordance with the Georgia Open Records Act. Proprietary information must be identified with the appropriate affidavit as required by the Georgia Open Records Act. Marking an entire proposal as proprietary will be neither accepted nor honored.

Each Proposer is required to keep the contents of their proposal confidential once it is submitted until the award to the successful Proposer is made. Releasing any information regarding the proposal to third parties or the media prior to the conclusion of the selection process will be immediate grounds for the County to reject the proposal as non-responsive.

V. Withdraw Proposal Due to Error

The proposer shall give notice in writing of his claim of right to withdraw his proposal without penalty due to an error within two (2) business days (48 hours) after the conclusion of the proposal opening. Proposals may be withdrawn from consideration if the price was substantially lower than the other proposals due solely to a mistake therein, provided the proposal was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of the proposal, which unintentional arithmetic or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the proposal sought to be withdrawn. The proposer’s original work papers shall be the sole acceptable evidence of error and mistake if he elects to withdraw his proposal. If a proposal is withdrawn under the authority of this provision, the lowest remaining responsive proposal shall be deemed to be low proposal. Proposal withdrawal is not automatically granted and will be allowed solely at the discretion of Cobb County.

No proposer who is permitted to withdraw a proposal shall, for compensation, supply any material or labor or perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn proposal was submitted.

VI. F.O.B. Point

Unless otherwise stated in the request for proposal and any resulting contract, or unless qualified by the proposer, items shall be shipped F.O.B. Destination. The seller shall retain title for the risk of transportation, including the filing for loss or damages. The invoice covering the items is not payable until the items are delivered and the contract of carriage has been completed. Unless the F.O.B. clause states otherwise, the seller assumes transportation and related charges either by payment or allowance.

VII. Patent Indemnity

The contractor guarantees to hold the County, its agents, officers or employees harmless from liability of any nature or kind for use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used in the performance of the contract, for which the contractor is not the patentee, assignee or licensee.

VIII. Bid, Payment & Performance Bonds -Not Required

IX. Insurance

A. Requirement:

Contractor shall procure and maintain in full force and effect for the duration of this

Agreement, insurance protecting against claims for injuries to persons or damages to property which may arise from or in connection with performance of the Work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

B. Minimum Limits of Insurance:

Contractor shall maintain insurance policies with coverage and limits no less than:

i. Commercial General Liability: $1,000,000 combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, damage for premises/operations, products/completed operations, independent contractors and contractual liability (specifically covering the indemnity), broad-from property damage, and underground, explosion and collapse hazard. This coverage may be achieved by using an excess or umbrella policy. The policy or policies must be on “an occurrence” basis (“claims made” coverage is not acceptable).

ii. Commercial Automobile Liability (owned, non-owned and hired): $1,000,000 combined single limit per occurrence and for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom.

iii. Workers' Compensation and Employers Liability: Workers’ Compensation limits as required by the State of Georgia and Employers Liability of $1,000,000 per occurrence or disease.

iv. Professional Liability (Errors and Omissions) Coverage: $2,000,000 per claim and in the aggregate is required, in the event a contractor is performing design, engineering or other professional services.

v. Commercial Umbrella or Excess Liability Coverage: $2,000,000 in liability excess coverage per occurrence above the contracts stated minimum coverage limits for Commercial General Liability, Commercial Automobile Liability, and the Workers' Compensation and Employers Liability policies of insurance. This may be satisfied by having the underlying liability limits that equal or exceed the combined amount of the underlying liability limits and umbrella coverage.

vi. Builder's "All Risk" Insurance: In the event Contractor is performing construction services under the Contract, Contractor shall procure and maintain “All-Risk” Builder’s insurance, written on a commercially recognized policy form, providing coverage for the Work performed under the contract, and the materials, equipment or other items incorporated therein, while the same are located at the construction site, stored off-site, or at the place of manufacture. The policy limit shall be in a minimum amount equal to the "full insurable value" of such equipment and 100% of the value of the Contract, including any additional costs which are normally insured under such policy. The insurance coverage shall include boiler and machinery insurance on a comprehensive basis and include coverage against damage or loss caused by earth movement (including but not limited to earthquake, landslide, subsidence and volcanic eruption), fire, flood, hurricanes, explosion, hail, lighting, weather, vandalism, malicious mischief, wind, collapse, riot, aircraft, smoke, or other cataclysmic events, and coverage against damage or loss caused by machinery accidents and operational and performance testing, commissioning and start-up, with extended coverage, and providing coverage for transit, with sub-limits sufficient to insure the full replacement value of the property or equipment removed from its site and while located away from its site until the date of final acceptance of the Work.

The making of progress payments to the Contractor shall not be construed as relieving the Contractor or its subcontractors or insurance carriers providing the coverage described herein for responsibility for loss or direct physical loss, damage or destruction occurring prior to final acceptance of the Work.

C. Deductibles and Self-Insured Retention

Any deductibles or self-insurance retentions must be declared to and approved by Owner so that Owner may ensure the financial solvency of the Contractor. At the option of Owner, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects Owner, its officers, officials, and employees; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Contractor shall pay all deductibles and be liable for all claims, losses and damages for which it self-insures.

D. Other Insurance Provisions

The policies are to contain, or be endorsed to contain, the following provisions:

i. General Liability, Automobile Liability, and Umbrella/Excess Insurance

(a) Additional Insured Requirement. Cobb County, its elected and appointed officials, officers, boards, commissions, officers, employees, representatives, servants, volunteers and agents (hereinafter referred to as “Insured Party” or “Insured Parties”) are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, leased, or used by the Contractor; and automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to the any Insured Party for claims asserted against such Insured Party for its sole negligence.

(b) Primary Insurance Requirement. The Contractor's insurance coverage shall be primary and noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of the Contractor's insurance and shall not contribute with it.

(c) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties.

(d) Separate Coverage. Coverage shall state that the Contractor's insurance shall apply separately to each Insured Party against whom claim is made or suit is brought.

(e) Defense Costs/Cross Liability. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion.

E. Workers' Compensation and Employers Liability Coverage

The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance protecting against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. The insurer shall agree to waive all rights of subrogation against Owner, and its officers, officials, employees and volunteers for losses arising from the work performed by the Contractor for Owner.

F. Waiver of Subrogation

The insurers shall agree under each policy of insurance required by this Contract to waive all rights of subrogation against the Insured Parties for losses arising from work performed by the Contractor for Owner.

G. All Coverages

(i) Notice Requirement.

Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to Owner, in care of the Cobb County [insert department name and address]. Owner reserves the right to accept alternate notice terms and provisions provided they meet the minimum requirements under Georgia law.

(ii) Acceptability.

The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance shall be placed with insurers with a Best's Policyholder’s Rating of “A” or better and with a financial rating of Class VII or greater, or be otherwise acceptable to Cobb County. All policies shall be subject to approval by Cobb County Attorney’s Office as to form and content.

(iii) Failure of Insurers.

The Contractor shall be responsible for any delay resulting from the failure of any insurer to furnish proof of coverage in the prescribed form

H. Verification of Coverage

Contractor shall furnish Owner with certificates of insurance and endorsements to the policies evidencing all coverages required by this Contract. Additionally, the declarations page for each insurance policy listed on the certificate of insurance shall be submitted to Owner. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements shall be received and approved by Owner before any work commences.

Owner reserves the right to require complete, certified copies of all required insurance policies at any time. The contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage.

I. Subcontractors

Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds.

X. Award

Award will be made to the highest scoring responsive and responsible proposer according to the criteria stated in the proposal documents and only after approval of the County Board of Commissioners. Award will be made in writing to the successful proposer. The County may make such investigations or obtain such clarifications as it deems necessary to determine the ability of the proposer to perform, and the proposer shall furnish to the County all such information and data for this purpose as the County may request. The County reserves the right to reject any proposal if the evidence submitted by, or investigations of such proposer fails to satisfy the County that such proposer is properly qualified to carry out the obligations of the contract.

The County reserves the right to reject or accept any or all proposals for any reason and to waive technicalities, informalities and minor irregularities in the proposals received in the County’s sole discretion and best interest. 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.

Time payment discounts will be considered in arriving at net prices and in award of proposal.

It is the intent of Cobb County Government to award all contracts in a manner that promotes fair, equitable treatment of all contractors and sub-contractors without regard to race, color, creed, national origin, gender, age, or disability.

XI. County Furnished Property

The County will furnish no material, labor or facilities unless so provided in the RFP.

XII. Rejection of Proposals

Failure to observe any of the instructions or conditions in this request for proposal may constitute grounds for rejection of proposal.

XIII. Contract

Upon submitting a proposal in response to an RFP containing a Cobb County Sample Contract as part of the requirements, it is understood that the proposer has reviewed the documents with the understanding that Cobb County requires that the successful proposer(s) shall enter into a contract that is substantially the same as the Sample Contract unless modified by agreement of the parties. If any exceptions are taken to any part of the Sample Contract, each exception must be stated in detail and submitted as part of the proposal document. If no exceptions are stated, it is assumed that the proposer fully agrees to the Sample Contract in its entirety. The foregoing should not be interpreted to prohibit either party from proposing additional contract terms and conditions during negotiation of the final contract, and the County reserves the right to make changes to the Sample Contract. In no event is a proposer to submit its own standard contract terms and conditions as a response to this RFP.

Each proposal is received with the understanding that selection as the successful proposer by the County does not constitute a written contract between the successful proposer and the County, but shall bind the proposer on his part to furnish and deliver the articles quoted at the prices stated in accordance with the conditions of said accepted proposal upon execution of a written contract with the County authorized by the County Board of Commissioners and signed by the Chairman.

Once a contract is executed by the proper authorities for each party, the County, on its part, may order from such contractor, and except for cause beyond reasonable control, pay for, at the agreed prices, all articles specified and delivered.

XIV. Delivery Failures

Failure of a contractor to deliver within the time specified or within reasonable time as interpreted by the Procurement Services Director, or failure to make replacements of rejected articles/services when so requested, immediately or as directed by the Procurement Services Director, shall constitute authority for the Procurement Services Director to purchase in the open market or rebid for articles/services of comparable grade to replace the articles/services rejected or not delivered. On all such purchases, the contractor shall reimburse the County within a reasonable time specified by the Procurement Services Director for any expense incurred in excess of contract prices, or the County shall have the right to deduct such an amount from monies owed the defaulting contractor. Alternatively, the County may penalize the contractor one percent (1%) per day for a period of up to ten (10) days for each day that delivery or replacement is late. Should public necessity demand it, the County reserves the right to use or consume articles/services delivered which are substandard in quality, subject to an adjustment in price to be determined by the Procurement Services Director.

XV. Non-Collusion

By submission of a proposal, the proposer certifies, under penalty of perjury, that to the best of its knowledge and belief:

(a) 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.

(b) Unless otherwise required by law, the prices which have been quoted in the proposal have not been knowingly disclosed by the proposer prior to opening, directly or indirectly, to any other proposer or to any competitor.

(c) No attempt has been made, or will be made, by the proposer to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition.

Collusion and fraud in bid preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department.

XVI. Conflict of Interest, Etc.

By submission of a proposal, the proposer certifies, under penalty of perjury, that to the best of its knowledge and belief:

1. No circumstances exist which cause a Conflict of Interest in performing the services required by this RFP, and

2. That no employee of the County, nor any member thereof, not any public agency or official affected by this RFP, has any pecuniary interest in the business of the responding firm or his sub-consultant(s) has any interest that would conflict in any manner or degree with the performance related to this RFP.

The responding firm also warrants that he and his sub-consultant(s) have not employed or retained any company or person other than a bona fide employee working solely for the responding firm or sub-consultant(s) to solicit or secure a contract agreement with Cobb County, as related to this RFP, and that he and his sub-consultant(s) have not paid or agreed to pay any person, company, corporation, individual, or firm other than a bona fide employee working solely for the responding firm or his sub-consultant(s) any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award of this Agreement.

For any breach or violation of this provision, the County shall have the right to terminate any related contract or agreement without liability and at its discretion to deduct from the price, or otherwise recover, the full amount of such fee, commission, percentage, gift, payment or consideration.

The successful responding firm shall require each of its sub-consultant(s) to sign a statement certifying to and agreeing to comply with the terms of the subsections above.

XVII. Default

The contract may be cancelled or annulled by the Procurement Services Director in whole or in part by written notice of default to the contractor upon non-performance or violation of any contract term. An award may be made to the next highest rated responsive and responsible proposer, or articles specified may be purchased on the open market similar to those terminated or the County may issue a new Request for Proposal. In any event, the defaulting contractor (or his surety) shall be liable to the County for costs to the County in excess of the defaulted contract prices; provided, however, that the contractor shall continue the performance of this contract to the extent not terminated under the provisions of this clause. Failure of the contractor to deliver materials or services within the time stipulated on its proposal, unless extended in writing by the Procurement Services Director, shall constitute contract default.

XVIII. Disputes

Except as otherwise provided in the contract documents, any dispute concerning a question of fact arising under the contract which is not disposed of shall be decided after a hearing by the Procurement Services Director who shall reduce his/her decision to writing and mail or otherwise furnish a copy thereof to the contractor. The decision of the Procurement Services Director shall be final and binding, however, the contractor shall have the right to appeal said decision to a court of competent jurisdiction.

XIX. Substitutions

Proposers offering and quoting on substitutions or who are deviating from the attached specifications shall list such deviations on a separate sheet to be submitted with their proposal.

The absence of such a substitution list shall indicate that the proposer has taken no exception to the specifications contained therein.

XX. Ineligible Proposers

The County may choose not to accept the proposal of one who is in default on the payment of taxes, licenses or other monies owed to the County. Failure to respond three (3) consecutive times for any given commodity may result in removal from the list under that commodity.

XXI. General Information

Sealed proposals will be accepted by the County Procurement Services Department through the County’s eProcurement Portal at (https://procurement.opengov.com/portal/cobbcoga) at the time and date specified. Proposal must be submitted with a cover letter signed by an official within the organization who has authority over project negotiation.

These proposals must be in accordance with the purposes, conditions, and instructions provided in this RFP. The Cobb County Board of Commissioners assumes no responsibility for proposals received after the submission time, whether due to mail delays or any other reason. Proposals received after the submission time will be filed unopened and considered non-responsive.

As previously stated under IV, unsigned proposals will not be considered.

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. All work performed by the successful respondent shall be performed in compliance with the Americans With Disabilities Act.

XXII. 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 respondent’s degree of compliance with the requirements of the RFP 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 become part of the contract with Cobb County should they be selected under the

RFP.

XXIII. Request Additional Information

Inquiries that must be answered in regards to the Proposal procedures or technical matters must be submitted through the portal (https://procurement.opengov.com/portal/cobbcoga).

Cobb County will not orally or telephonically address any question or clarification regarding specifications or procedures. Cobb County is not bound by any oral representations, clarifications, or changes made to the written specification by County employees, unless such clarification or change is provided to the respondent in written addendum from Cobb County.

XXIV. Firm Prices

Prices quoted by proposal shall be firm…