RFP #26-37, Construction of N. Mt. Carmel Park Playground Site Improvements and New Restroom Bdg

Henry County
Purchasing Department
140 Henry Parkway, McDonough, GA 30253
Phone: 770-288-6027 Fax: 770-288-6047
Website: henrycounty-ga.com/purchasing
REQUEST FOR PROPOSAL
Sealed Envelope shall be marked with the following information:
RFP #26-37
Construction of N. Mt. Carmel Park Playground Site Improvements and New Restroom Building
Due Date and Time: May 21, 2026, 3:00 PM
SCHEDULE OF EVENTS FOR
RFP # 26-37
No Pre-Bid Conference None
Deadline for requests for clarifications and questions. Any possible exceptions
to the bid specifications and/or terms and conditions should be addressed 3:00 PM
during this phase. These requests will be answered in an addendum and must May 7, 2026
be submitted through the County's eProcurement Portal at:
https://procurement.opengov.com/portal/henryga
*Deadline for first addendum, if required, posted on Henry County's 3:00 PM
eProcurement Portal at: https://procurement.opengov.com/portal/henryga May 14, 2026
Sealed proposals will be accepted until the due date and time. Any late
submittals received will not be considered. Submittals may be delivered by 3:00 PM
mail, common carrier, or in person to Henry County Purchasing Department, May 21, 2026
140 Henry Parkway, McDonough, GA 30253. Electronic bids are to be
submitted through the County's eProcurement Portal at
(https://procurement.opengov.com/portal/henryga)
THIS FORM MUST BE SIGNED AND SUBMITTED TO BE CONSIDERED FOR AWARD
COMPANY NAME: DATE:
MAILING ADDRESS: PHONE:
CITY: FAX:
STATE: ZIP: SSN OR FEDERAL TAX ID:
EMAIL: TITLE OF AUTHORIZED REPRESENTATIVE:
PRINTED NAME: AUTHORIZED SIGNATURE:
*The posting of additional addenda may be required and it is the responsibility of the Proposer to ensure that they review the
County's website for any additional addenda, and that they submit acknowledgement of all applicable addenda (on the included
form) with their solicitation. Proposers should not expect to be individually notified by Henry County.
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RFP #26-37
N. Mt. Carmel Park Playground Site Improvements and New Restroom Building
Due Date and Time: May 21, 2026, 3:00 PM
TABLE OF CONTENTS Page
SECTION I - GENERAL OVERVIEW
A - PURPOSE 3
B - GENERAL INSTRUCTIONS, TERMS, AND CONDITIONS 3 - 12
C - PROCUREMENT NON-DISCRIMINATION PROGRAM AND CONTRACT
COMPLIANCE REQUIREMENTS 13
SECTION II - SPECIFICATIONS
A - SCOPE 14-15
B - INSURANCE REQUIREMENTS 15-16
C - BOND REQUIREMEMNTS 16
D - DBE REQUIREMENTS 17
SECTION III - PROPOSAL FORMAT
A - TECHNICAL PROPOSAL FORMAT 18
B - COST PROPOSAL FORMAT 19
SECTION IV - EVALUATION AND SELECTION CRITERIA 20-21
SECTION V - FORMS
STANDARD CONTRACT 22
BID BOND 23
BID AUTHORIZATION AFFIDAVIT 24
NON-CONFLICT OF INTEREST 25
REFERENCES 26
GA SECURITY & IMMIGRATION COMPLIANCE AFFIDAVIT 27
SUPPLIER INCLUSION PROGRAM 28
COVENANT OF NON-DISCRIMINATION FORM 29
LIST OF SUBCONTRACTORS 30
DBE BENCHMARK WORKSHEET 31
DESCRIPTION OF GOOD FAITH EFFORTS 32
FEE SCHEDULE 33
COST PROPOSAL 34
CHECKLIST FOR RFP DOCUMENTS 35
SECTION VI - REQUEST FOR PROPOSAL LABEL 36
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SECTION I - GENERAL OVERVIEW
A. PURPOSE
Henry County is seeking proposals from qualified contractors to demo the existing playground equipment;
picnic structures, equipment, and slabs; fencing, surfacing, and drainage structures within the existing
playground area; provide grading services, install new drainage structures & sidewalks around playground
area, and construct new restroom building complete per the plans and specifications. The project is in N.
Mt. Carmel Park, 307 N. Mt. Carmel Road, Hampton, GA 30228. The park will be open to the public
during construction, so it is required that the public be protected from any hazards associated with the
construction site and/or construction staging area. Contractor shall furnish all labor, materials, equipment,
and services required to fulfill the terms and conditions of this RFP.
B. GENERAL INSTRUCTIONS, TERMS, AND CONDITIONS
1. Proposals Submission
a. These instructions will bind proposers to terms and conditions herein set forth, except as
specifically stated otherwise in special contract terms with any individual proposal. These
instructions are to be considered an integral part of the proposal.
b. Proposals may be submitted by mail, common carrier or delivered in person. Electronic bids are
to be submitted through the County's eProcurement Portal at
(https://procurement.opengov.com/portal/henryga). Emailed or faxed submittals are not
acceptable. It shall be the duty of each proposer to ensure that their proposal is delivered within
the time and at the place prescribed in this document. Proposals received prior to the time fixed
in this proposal document will be securely kept unopened. A date/time stamp will be affixed to
the envelope/package immediately upon its arrival to the Purchasing Department. Any proposal
received at the office designated in this document after the exact time and date specified, will not
be considered. If a late proposal is received via carrier, it will be marked "late proposal" and will
not be opened. If a late proposal is hand delivered, it will be returned unopened to the presenter.
c. At the date and time specified for the opening of the proposal, the proposal shall be publicly opened
and read aloud for the information of proposers and others present.
d. The proposal must be submitted in a sealed envelope/parcel on or before the date and time stated
in this document and is to be mailed or delivered to:
Henry County Purchasing Department
140 Henry Parkway
McDonough, Georgia 30253
RFP #26-35
N. Mt. Carmel Park Playground Site Improvements and New Restroom Building
e. The Submittal Checklist must be reviewed and the Proposer is to comply with the order of the
submittal of documents. This document along with the cover page (page 1) is to be included with
the proposal.
f. The following items are to be included if the bid is submitted by mail, common carrier or delivered
in person:
* One (1) unbound clearly marked "Original," of the proposal documents
* One (1) digital copy in PDF format on a USB flash drive identical to the original proposal
documents. The USB flash drive should be labeled with the RFP number and proposer's
name.
* If required - One (1) original "Cost Proposal." The Cost Proposal is to be submitted in a
separate sealed envelope and marked "Cost Proposal."
g. All proposals must be manually signed and filled out legibly (typewritten or printed in ink) with
all changes or corrections initialed by the person signing the proposal.
h. If descriptive literature is attached to the proposal, your firm's name must be on all sheets
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submitted.
i. Each proposal submitted shall be deemed to have been made with full knowledge of all terms,
conditions, and requirements contained in this Proposal request. The failure or omission of any
proposer to examine any form, instrument or document shall in no way relieve any proposer from
obligations in respect to the proposal submittal or the compliance of the terms, conditions and
requirements of the proposal.
j. Individual contractors shall provide their Social Security number and proprietorships; partnerships
and corporations shall provide their Federal Employer Identification number on page one of this
proposal documents and provide a completed W9 form to be submitted with the proposal.
k. The authorized representative whose signature will appear on the proposal submitted certifies that
the Proposer has carefully examined the instructions of this proposal and the terms and
specifications applicable to and made a part of this proposal. The Proposer further certifies that
the prices shown on the Proposal Price Submittal Form is in accordance with the conditions, terms
and specifications of the proposal and that any exception taken thereto may disqualify the proposal.
l. Any documentation submitted with or in support of a proposal or proposal shall become subject to
public inspection under the Georgia Open Records Act. Labeling such information "Confidential",
"Proprietary", or in any other manner shall not protect this material from public inspection upon
request. All records become subject to public inspection only after award of the contract or
purchase order.
2. Preparation of Proposals
a. Negligence on the part of the proposer in preparing the proposal confers no right for withdrawal
or modification in any way after the deadline for the proposal opening.
b. Unit price must be shown on the Proposal Cost Submittal Form in this document. All proposals
should be tabulated, totaled and checked for accuracy. The unit price will prevail in case of errors.
c. All product, equipment, article or material must be new and unused or current production. No
reconditioned or used item(s) will be accepted except as specifically requested herein. Units that
are classified as prototype or discontinued models are not acceptable.
d. Samples of items, when required, must be submitted within the time specified and unless otherwise
specified by the County, at no expense to the County. Unless otherwise specified, samples will be
returned at the proposer's request and expense if items are not destroyed by testing.
e. Full identification of each item proposal upon, including brand name, model, catalog number, etc.,
must be furnished to identify exactly what the proposer is offering. Whenever an article or material
is defined by describing a proprietary product or by using the name of a manufacturer, the term
"or equal" if not inserted shall be implied. The specified article or material shall be understood as
indicating the type, function, minimum standard of design, efficiency and quality desired and shall
not be construed as to exclude other manufactured products of comparable quality, design and
efficiency. In the event that any equivalent version is proposed, prospective proposers are herewith
advised that precise, adequate, and documented evidence of equivalency in performance, stability,
and operational efficiency should be submitted with the proposal for further consideration. Final
determination of equivalency will be determined by Henry County.
3. Clarification and Communication to County Concerning Proposal
a. From time to time, the Purchasing Department may have to release written changes to a
solicitation. These formal written changes are called addendum or if multiple, Addenda. It is
the responsibility of the Proposer to ensure that they have all applicable addenda prior to
the proposal submission. Therefore, we encourage all Bidders to frequently review the
County's eProcurement portal at (https://procurement.opengov.com/portal/henryga).
All addenda forms must be signed and submitted with the proposal. Failure to respond
and acknowledge any addenda, even after the proposal opening, shall result in a non-
responsive proposal.
b. The successful firm's proposal and all addenda will become a part of the agreement resulting from
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this document.
c. Proposers seeking an award of a Henry County contract shall not initiate or continue any verbal
or written communication regarding a solicitation with any County officer, elected official,
employee or other County representative without permission of the Purchasing Department
between the date of the issuance of the solicitation and the date of the final contract award by the
Board of Commissioners. Violations will be reviewed by the Purchasing Director. If determined
that such communication has compromised the competitive process, the offer submitted by the
individual, firm or business shall be disqualified from consideration for award. EXCEPTION to
the above would be emailing request for clarification and/or questions to the County's
eProcurement portal at https://procurement.opengov.com/portal/henryga. (These requests will be
answered in an addendum. Please see schedule of events.)
4. Pre-Proposal Conference
The Pre-Proposal Conference or any other information session (if indicated in the schedule of events) will
be held at the offices referred to in the "Schedule of Events" of this RFP. Unless indicated otherwise,
attendance is not mandatory; although suppliers are strongly encouraged to attend. However, in the event
the conference has been identified as mandatory, then a representative of the supplier must attend the
conference in its entirety to be considered eligible for contract award.
5. Rejection and Withdrawal of Proposals
a. Withdrawal of Proposal due to errors, the supplier has up to forty-eight (48) hours to notify the
Purchasing Department of an obvious clerical error made in calculation of proposal in order to
withdraw a proposal after proposal opening. Withdrawal of proposal for this reason must be done
in writing within the forty-eight hour period.
b. The County will make a recommendation of the proposal to the Board of Commissioners within
60 days from the date of the opening, unless the successful Bidder agrees in writing to a longer
period for the award.
c. The County may reject all or part of the proposal within 60 days of proposal opening.
6. Proposal and Contract Documents
a. A proposal executed by an attorney or agent on behalf of the proposer shall be accompanied by an
authenticated copy of the Power of Attorney or other evidence of authority to act on behalf of the
proposer.
Corporation: If the Proposer is a corporation, the proposal must be submitted in the name of the
Corporation, not simply the corporation's trade name. In addition, the proposal must be signed by
an officer of the corporation.
Partnership: If the Proposer is a partnership, all partners must sign the proposal. If all the partners
do not sign the proposal, then the names of all those except limited partners must be furnished on
the proposal and evidence of the authority of the signer(s) to execute the proposal on behalf of the
partnership.
Limited Liability Company (LLC): If the Proposer is a limited liability company, the authorized
agent having authority to bind the limited liability company must sign the bid documents.
Sole Proprietorship or Individual: If the Proposer is a sole proprietor or individual, a signature
is required on all bid documents by that individual.
b. The contract documents consist of this Agreement, Specifications and Addenda issued prior to
execution of this Agreement, other documents listed in this Agreement and Modifications issued
after execution of this Agreement. These form the Contract and are as fully a part of the Contract
as if attached to this Agreement or repeated herein. The Contract represents the entire and
integrated Agreement between the parties hereto and supersedes prior negotiations, representation
or agreements, either written or oral.
c. Contract Term - The time period of the agreement, if any is formed from this RFP, will be
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determined after the review and evaluation of the Time Line Schedules submitted by the successful
Consultant.
7. Exceptions and Omissions
Any exceptions to the specifications and/or terms and conditions must be addressed during the
question/clarification and addendum phases.
8. Alterations of Solicitation and Associated Documents
Alterations of County documents are strictly prohibited and will result in automatic disqualification of the
proposer's solicitation response.
9. Cost Incurred by Vendors
All expenses involved with the preparation and submission of the RFP to the Henry County Board of
Commissioners, or any work performed in connection therewith is the responsibility of the vendor(s).
10. Codes, Permits, Fees, Licenses and Law
a. All permits, fees, arrangements for inspections, licenses, and costs incurred for the same shall be
the sole responsibility of the successful Proposer. All materials, labor and construction must
comply with all applicable rules and regulations of local, state and/or national codes, laws and
ordinances of all authorities having jurisdiction over the project, shall apply to the contract
throughout and will be deemed to be included in the contract the same as though herein written
out in full.
b. Effective July 1, 2008: All General Contractors must have a current valid license from the State
Licensing Board for Residential and General Contractors, unless specifically exempted from
holding such license pursuant to Georgia law, O.C.G.A. Section 43-41-17.
c. State Law regarding Worker Verification requires that all who enter into a contract for the physical
performance of services with the County must satisfy O.C.G.A. 13-10-91 and Rule 300-10-1-.02,
in all manner, and such are conditions of the contract. By submitting a proposal to the County
contractor agrees that in the event the contractor employs or contracts with any subcontractor(s)
in connection with the covered contract, the contractor will secure from the subcontractor(s) such
subcontractor(s) indication of the employee-number category applicable to the subcontractor, as
well as attestation(s) from such subcontractor(s) that they are in compliance. Such attestation(s)
shall be maintained and may be inspected by the County at any time. An affidavit of such
compliance included with the proposal, must be signed by the contractor, and will become part of
the contract.
11. Safety
All vendors and subcontractors performing services are required and shall comply with all Occupational
Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards
and any other applicable rules and regulations. Also, all contractors and subcontractors shall be held
responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or
damage to any persons or property within and around the work site area under this Contract.
12. Design, Standards and Practices
Design, strength, quality of materials and workmanship must conform to the industry acceptable standards
of engineering practices and/or professional services.
13. Statement of Warranty
A Statement of Warranty should include all applicable manufacturers' warranty and the Contractor's
warranty in regards to equipment, materials and workmanship. This statement shall include the terms,
conditions and the period of warranty coverage. Any exclusion(s) must be clearly stated.
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14. Non-collusion
By submitting a proposal in response to this solicitation, the proposer represents that in the preparation
and submission of this proposal, said Proposer did not either directly or indirectly, enter into any
combination or arrangement with any person, Proposer, Corporation or enter into any agreement,
participate in any collusion, or otherwise take any action in the restraint of free, competitive bidding in
violation of the Sherman Act (15 U.S.C. Section I or Section 59.1-9.1 through 59.1-9.17 or Sections 59.1
- 68.6 through 59.68.8). Collusion and fraud in proposal preparation shall be reported to the State of
Georgia Attorney General and the United States Justice Department.
15. Nondiscrimination
Notwithstanding any other provision of this Agreement, during the performance of this Agreement
Contractor, for itself, its heirs, personal representatives, successors in interest and assigns, as part of the
consideration of this Agreement does hereby covenant and agree, as a covenant running with the land,
that:
a. No person on the grounds of race, color, religion, sex or national origin shall be excluded from
participation in, denied the benefits of, or otherwise be subjected to discrimination;
b. In the production of the vehicle(s), and the furnishing of services therein or thereon, no person on
the grounds of race, color, religion, sex or national origin shall be excluded from participation in,
or denied the benefits of, such activities, or otherwise be subjected to discrimination.
16. Drug Free Workplace Certification
By signing the Supply Service Contract form, the Contractor certifies that the provisions of Code Sections
50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the "Drug-free Workplace
Act", have been complied with in full. The undersigned further certifies that:
a. A drug-free workplace will be provided for the Contractor's employees during performance of
the contract; and
b. Each Contractor who hires a subcontractor to work in a drug-free work place shall secure from
that subcontractor the following written certification:
"As part of the subcontracting agreement with (Contractor's name), (Subcontractor's name)
certifies to the Contractor that a drug-free workplace will be provided for the subcontractor's
employees during the performance of this Contract pursuant to Paragraph (7) of Sub-section (b) of
Code Section 50-24-3".
c. The Contractor further certifies that he will not engage in the unlawful manufacture, sale,
distribution, dispensation, possession, or use of a controlled substance or marijuana during the
performance of the Contract.
d. Contractor may be suspended, terminated, or debarred if it is determined that:
(1) The Contractor has made false certification hereinabove; or
(2) The Contractor has violated such certification by failure to carry out the requirements of
the Official Code of Georgia Section 50-24-3.
17. Georgia Security and Immigration Compliance Act
Pursuant to the Georgia Security and Immigration Compliance Act of 2006, the successful Contractor
understands and agrees that compliance with the requirements of O.C.G.A.13-10-91 and Georgia
Department of Labor Rule 300-10-02 are conditions of this proposal and contract document. The
Contractor further agrees that such compliance shall be attested by the Contractor and any of his
Subcontractors by execution of the appropriate Affidavit and Agreement which will be included and
become a part of the Agreement between Henry County and the successful Contractor.
18. Supplier Inclusion Program
Small, local, veteran-owned, Disadvantaged Business Enterprise (DBE), and female-owned business
enterprises are encouraged to participate in the solicitation process. Please see the Supplier Inclusion
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Program form for a description of each of these type businesses.
19. Delivery and F.O.B. Destination
a. All prices shall include shipping and delivery cost to our destination; F.O.B., Henry County,
Georgia, unless otherwise requested. The proposer shall handle all material procurement, storage
and delivery to project site. Unless otherwise specified in this specification, proposer shall supply
all materials required. The County will grant no allowance for boxing, crating or delivery unless
specifically provided for in this proposal. The proposer shall retain title for the risk of
transportation, including the filing for loss or damages.
b. The County desires delivery of the product(s) or service(s) as specified at the earliest possible time
after the date of award. Unreasonable delivery may be cause for disqualifying a proposal. Each
firm shall state a definite delivery time and avoid using general terms such as "ASAP" or
approximately so many days.
20. Discounts
Cash discounts for early payment (i.e. 2%-10) or Net 30 terms should be shown separately, even if terms
are Net.
21. County's Tax Exemption
Henry County is exempt from Federal Excise Tax or Georgia Sales Tax with regard to goods and services
purchased directly by Henry County. Exemption certificates furnished upon request.
22. Award of Contract
a. Henry County desires to complete the award process in a timely manner. Henry County reserves
the right to reject or accept any or all proposals, whole or any parts hereof, by item or group of
items, by section or geographic area, or make multiple awards and be the final approval of
proposal(s) selection which would be the most advantageous to the County with price and other
factors considered. Henry County may elect to waive any technicalities. The proposal will be
awarded to highest scored proposer(s), if awarded. The proposal specifications and results will be
available on the County's eProcurement Portal at:
(https://procurement.opengov.com/portal/henryga).
b. Henry County reserves the right to reject any proposal if the evidence submitted by or investigation
of, the proposer fails to satisfy the County that the proposer is properly qualified to carry out the
obligations of the Contract. If the successful proposer defaults on their proposal, an award may
be made to the next low responsive and responsible proposer.
Responsibility - The determination of the proposer's responsibility will be made by the County
based on whether the proposer meets the following minimum standard requirements:
* Maintains a physical location presence and permanent place of business.
* Has the appropriate and adequate technical experience required.
* Has adequate personnel and equipment to perform the work expeditiously
* Able to comply with the required or proposed delivery and installation schedule.
* Has a satisfactory record of performance.
* The ability of proposer to provide future maintenance and service for the use of the
contract under consideration.
* Has adequate financial means to meet obligations incidental to the work.
* Such other factors as appear to be pertinent to either the proposal or the contract.
Responsiveness - The determination of the proposer's responsiveness will be made by the County
based on a consideration of whether the proposer has submitted complete proposal documents
meeting proposal requirements without irregularities, excisions, special conditions, or alternatives
proposals for any item unless specifically requested in the proposal solicitation.
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c. Henry County is subject to making records available for disclosure after the Board of
Commissioners approval of the recommendation. The award shall be made by the Board of
Commissioners of Henry County unless the lowest, qualified bid is less than the Board of
Commissioners' approval limit. No claim shall be made by the selected Consultant for loss of
profit if the contract is not awarded or awarded for less work than is indicated and for less than the
amount of the proposal. The total of the awarded contract shall not exceed the available funds
allocated for the proposal project.
23. Local Vendor Privilege
a. There is established in Henry County, a local vendor privilege. Bids or proposals awarded to local
vendors contribute to the local tax base and will therefore be given special consideration when
bidding against out-of-jurisdiction (out-of-county) vendors. Bids or proposals received from local
vendors will be given preference if such bid or proposal is responsive and within five (5) percent
of the low bid submitted by any out-of-county bidder. In such instance, the local vendor will be
given the opportunity to match the low bid offered by the out-of-county vendor. If such local
vendor agrees to match the low bid received from the out-of-county vendor within the time
specified by the county, the bid shall be awarded to the local vendor.
b. A local vendor shall only be eligible to receive the benefit of this privilege if it meets each of the
following requirements prior to any award of a contract or purchase:
(1) The business or supplier must operate and maintain a regular place of business within the
geographical boundaries of Henry County; and
(2) The business or supplier must have a current occupational tax certificate; and
(3) The business or supplier must have paid all real and personal taxes owed the county; and
(4) The business or supplier must certify its compliance with the Georgia Security and
Immigration Act.
c. This policy shall not apply to any bid or proposal for material, equipment or services in excess of
one hundred thousand dollars ($100,000.00). In such cases, the bid award shall be subject to the
competitive bidding requirements as otherwise provided herein or general law.
24. County Direction of Project Site and Monitoring of Work
a. The Contractor may have a Project Coordinator, but the project site shall remain under the control
of Henry County. The Contractor shall provide and make available an appointee to Henry County
for project coordination and supervision of Proposer installation personnel. Coordination consist
of meeting with the Henry County representatives to review the project; on site walk throughout
of installation area(s) before the installation begins; review installation procedures; review
installation progress and to handle any problems during installation until project completion.
b. The successful Proposer will promptly correct all work rejected by the County as faulty, defective,
or failing to conform to the Minimum Specifications and/or to consensus standards adopted by
both government and industry governing the repairs, whether observed before or after substantial
completion of the work, and whether or not fabricated, installed, or completed. The successful
Proposer will bear all costs of correcting such rejected work.
c. The Contractor shall insure all trash generated by work performed shall be removed from the site
and properly disposed as each work operation is completed in a given area. Additionally, the
Contractor shall ensure all disturbances to the area where the Contractor performed work are
restored to the same condition prior to start of the project. If an inspection reveals that the
Contractor fails to clean up after work has been performed. The County will notify the Contractor
of the discrepancy and the Contractor will have twenty-four (24) hours to make the correction.
Should the Contractor still fails to clean the area, the County reserves the right to make other
arrangements to have the area cleaned and the County shall deduct the cost from the Contractor's
invoice.
d. No one except authorized employees of the Contractor is allowed on the premises of Henry County
facilities. Contractor employees are not to be accompanied in their work area by acquaintances,
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family members, assistants, or any other person unless said person is an authorized employee of
the Contractor.
e. All information disclosed by Henry County to the successful Contractor for the purpose of the
work to be done or information that comes to the attention of the successful Contractor during the
course of performing such work is to be kept strictly confidential.
25. Indemnification
a. The vendor that is selected as the contractor shall, at its own expense, protect, defend (but only to
the extent not prohibited by O.C.G.A. 13-8-2(c)), indemnify, save and hold harmless Henry
County and its elected and appointed officers, employees, servants and agents from all claims,
damages, lawsuits, costs and expenses including, but not limited to, all costs from administrative
proceedings, court costs and attorney fees that Henry County and its elected and appointed officers,
employees, servants and agents may incur as a result of the negligence, recklessness, or
intentionally wrongful conduct of the Contractor or other persons employed or utilized by the
Contractor in the performance of the contract.
b. The contractor's indemnification responsibility under this section shall include the sum of
damages, costs and expenses which are in excess of the sum of damages, costs and expenses which
are paid out in behalf of or reimbursed to the County, its officers, employees, servants and agents
by the insurance coverage obtained and/or maintained by the contractor, but only to the extent and
for such claims as are permitted under O.C.G.A. 13-8-2(c).
26. Controlling Law, Venue
Any dispute arising as a result of this proposal and/or an Agreement which was created from the terms,
conditions and specifications of this document or their interpretation, litigation shall only be entered into
and shall be performed in Henry County, Georgia. This Agreement shall be governed by the applicable
laws of the County of Henry and the State of Georgia. Any dispute arising out of the agreement, this
proposal solicitation, its interpretations, or its performance shall be litigated only in the County of Henry
Judicial Courts.
27. Contractor as Independent Contractor
In conducting its business hereunder, Contractor acts as an independent contractor and not as an employee
or agent of County. The selection, retention, assignment, direction and payment of Contractor's
employees shall be the sole responsibility of Contractor.
28. Assignment
The Agreement, in whole or any part hereof, created by the award to the successful contractor shall not
be sold, not be assigned or transferred by Contractor by process or operation of law or in any other manner
whatsoever, including intra-corporate transfers or reorganizations between or among a subsidiary of
Contractor, or with a business entity which is merged or consolidated with Contractor or which purchases
a majority or controlling interest in the ownership or assets of Contractor without the prior written consent
of Henry County.
29. Owner and Ownership of Documents
The Henry County Board of Commissioners, 140 Henry Parkway, McDonough, Georgia 30253 is the
owner of the proposed work. Reports and all relevant data such as maps, diagrams, plans, designs,
electronic data, statistics, specifications, and other supporting records or drawings compiled or prepared
in the course of performance of the services required by this contract shall be the absolute property of the
County and shall not be used by the Contractor for purposes unrelated to this contract without the prior
written approval of the County. Such original documents shall be turned over to the County upon
completion of the project except that Contractor shall have the right to retain copies of the same.
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RFP #26-37, N. Mt. Carmel Park Playground Site Improvements and New Restroom Building Page 10 of 36