2026 "The Cows are Coming" public art project

Request for Proposal No. 26-103
2026 "The Cows are Coming" public art project
Date: February 20, 2026
PROPOSAL DUE DATE:
Friday, September, 11, 2026, at 3:30 p.m. EST.
Bids shall only be accepted online through the Bonfire Portal at:
https://brookhavenga.bonfirehub.com/projects/view/250300
Any bid submitted in any other format (email, paper, fax, mail, etc.) will not be accepted.
Instructions to Offerors:
1. All communications regarding this solicitation must be with the Purchasing Manager,
Tarolyn Moore, purchasing@brookhavenga.gov.
2. All questions or requests for clarification must be sent via Bonfire under Message -
Opportunity Q&A: https://brookhavenga.bonfirehub.com/projects/view/250300.
Questions are due no later than Wednesday, September 2nd, 2026, at 3:30 p.m. EST.
Questions received after this date and time may not be answered.
3. Questions and clarifications will be answered in the form of an addendum. Any addenda,
schedule changes, and other important information regarding the solicitation related to
this solicitation will be posted on Bonfire website at and it is the Offeror's responsibility
to https://brookhavenga.bonfirehub.com/projects/view/250300 check the Bonfire portal
for any addendum or other communications related to this solicitation.
4. The City of Brookhaven reserves the right to reject all bids and to waive technicalities
and informalities, and to make award in the best interest of the City of Brookhaven.
5. The City of Brookhaven is not responsible for any technical difficulties. It is highly
recommended that all potential contractors submit their quotes prior to the due date of
this solicitation.

PROPOSAL LETTER
We propose to furnish and deliver all the deliverables and services named in the attached Request
for Proposal (RFP). The price or prices offered herein shall apply for the period stated in the
RFP.
We further agree to strictly abide by all the terms and conditions contained in the City of
Brookhaven Vendor Manual as modified by any attached special terms and conditions, all of
which are made a part hereof. Any exceptions are noted in writing and included with this bid.
It is understood and agreed that this statement of Proposal and proposal constitutes an offer,
which when accepted in writing by Purchasing Office, City of Brookhaven, and subject to the
terms and conditions of such acceptance, will constitute a valid and binding contract between the
undersigned and the City of Brookhaven.
It is understood and agreed that we have read the City's specifications shown or referenced in
the RFP and that this statement is made in accordance with the provisions of such specifications.
By our written signature on this proposal, we guarantee and certify that all items included in this
statement meet or exceed all such City specifications. We further agree, if awarded a contract,
to deliver goods and services which meet or exceed the specifications. The City of Brookhaven
reserves the right to reject any or all offers, waive technicalities, and informalities, and to make
an award in the best interest of the city.
It is understood and agreed that this statement of Proposal and proposal shall be valid and held
open for a period of one hundred twenty (120) days from opening date.
PROPOSAL SIGNATURE AND CERTIFICATION
(Proposer to sign and return)
I certify that this offer is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a proposal for the same materials, supplies, equipment,
or services and is in all respects fair and without collusion or fraud. I understand collusive
bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil
damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized
to sign this proposal for the proposer. I further certify that the provisions of the Official Code of
Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated
in any respect.
Authorized Signature______________________________Date_______________________
Print/Type Name_________________________________
Print/Type Company Name Here______________________________________________

RFP NO. 26-103, 2026 "The Cows are Coming" public art project
This CONTRACT made and entered into this ____ day of ____________, 2026 by and between the City
of Brookhaven, (Party of the First Part, hereinafter called the "City"), and_________________________.
Party of the Second Part, hereinafter called the "Service Provider" or "Contractor").
NOW THEREFORE, for and in consideration of the mutual promises and obligations contained herein
and under the conditions hereinafter set forth, the parties do hereby agree as follows:
1. TERMS:
The services to be performed under this Contract shall commence upon the date stated in the notice to
proceed letter. The contract period for this contract is for the duration of the project. Upon the
completion of the full scope of work the contract shall terminate absolutely and without further
obligation as required by O.C.G.A. 36-60-13, as amended, unless terminated earlier in accordance
with the provisions of this Contract.
This Contract may be renewed for (4) four additional twelve-month term, upon the same terms and
conditions, as provided for in this Contract, unless terminated by the City, by notice to service provider
or termination and non-renewal by December 31 of the Contract year.
2. ATTACHMENTS:
The following documents are attached and are specifically incorporated herein by reference; and,
along with this Contract and the General Conditions attached as Exhibit A encompass all of the
Contract documents:
Exhibit A: General Conditions.
Exhibit B: Request for Proposal
Exhibit C: Georgia Security and Immigration Compliance Affidavit.
Exhibit D: Drug Free Workplace.
Exhibit E: Purchasing Policy Addendum.
Exhibit F: Affidavit Verifying Status for Public Benefit Application.
3. PERFORMANCE:
Service Provider agrees to furnish all skill and labor of every description necessary to carry out
perform, perform the services in accordance with the Contract Documents (the "Work").
4. PRICE:
The City agrees to pay the Service Provider following receipt by the City of a detailed invoice
reflecting the actual work performed by the Service Provider, provided, however, Service Provider
guarantees that the maximum price for materials, labor and expenses, shall be the amount reflected in
Exhibit H.

5. INDEMINIFICATION AND HOLD HARMLESS:
[See Section 13 of Exhibit A. --- General Conditions]
Service Provider further agrees to protect, defend, indemnify, and hold harmless the CITY, its council
members, officers, agents, and employees from and against any and all claims or liability for
compensation under the Worker's Compensation Act arising out of injuries sustained by any
employee or subcontract of the Service Provider, as allowed under the law.
6. TERMINATION FOR CAUSE:
The City may terminate this Contract for cause upon ten (10) days prior written notice to the Service
Provider of the Service Provider's default in the performance of any term of this Contract. Such
termination shall be without prejudice to any City's rights or remedies provide by law.
7. TERMINATION FOR CONVENIENCE:
The City may terminate this Contract for its convenience at any time upon (30) days written notice to
the Service Provider. In the event of the City's termination of this Contract for convenience, the
Service Provider will be paid for those services actually performed. Partially completed performance
of the Contract will be compensated based upon a signed statement of completion to be submitted by
the Service Provider who shall itemize each element of performance.
8. TERMINATION FOR FUND APPROPRIATION:
The City may unilaterally terminate this Contract due to lack of funding at any time by written notice
to the Service Provider. In the event of the City's termination of this Contract for fund appropriation,
the Service Provider will be paid for those services actually performed. Partially completed
performance of the Contract will be compensated based upon a signed statement of completion to be
submitted by the Service Provider which shall itemize each element of performance.
9. CONTRACT NOT TO DISCRIMINATE:
During the performance of this Contract, the Service Provider will not discriminate against any
employee or applicant for employment because of race, creed, color, sex, national origin, age, or
disability which does not preclude the applicant or employee from performing the essential functions
of the position. The Service Provider will also, in all solicitations or advertisements for employees
placed by qualified applicants, consider the same without regard to race, creed, color, sex, national
origin, age, or disability which does not preclude the applicant from performing the essential
functions of the job. The Service Provider will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Contract so that such provision will be binding upon each
subservice providers for standard commercial supplies of raw materials.

10. ASSIGNMENT:
The Service Provider 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 consent of the City in writing.
11. WAIVER:
A waiver by either party of any breach of any provision, term, covenant, or condition of this Contract
shall not be deemed a waiver of any subsequent breach of the same or any other provision, term,
covenant, or condition.
12. SEVERABILITY:
The parties agree that each of the provisions included in this Contract is separate, distinct and
severable from the other and remaining provisions of this Contract, and that the invalidity of any
Contract provision shall not affect the validity of any other provision or provisions of this Contract.
13. GOVERNING LAW:
The parties agree that this Contract shall be governed and construed in accordance with the laws of
the State of Georgia. This Contract has been signed in DeKalb County, Georgia.
14. MERGER CLAUSE:
The parties agree that the terms of this Contract included the entire Contract between the parties, and
as such, shall exclusively bind the parties. No other representations, either oral or written, may be
used to contradict the terms of this Contract.
IN WITNESS WHEREOF, the parties hereto, acting through their duly authorized agents, have caused
this CONTRACT to be signed, sealed and delivered.
Signatures on following page.

Brookhaven, GEORGIA
By: _____________________________________
John Park
Mayor City of Brookhaven, Georgia
ATTEST: _________________________________
Sandra Bryant
City Clerk
APPROVED AS TO FORM:
__________________________________________
Jeremy Berry, City Attorney
SERVICE PROVIDER:
Signature___________________________________ Date _________________
Print Name__________________________________
Print Title ___________________________________
ATTEST:
____________________________________________ Date _________________
Signature
Print Name__________________________________
Print Title __________________________________

PROPOSAL CONDITIONS
1. SCOPE OF WORK
The Contract will be to provide services to the City in accordance with the Contract Documents.
All work will be performed under approved Task Orders. Each Task Order shall provide the
specific Scope of Work and Fees.
2. REGULATIONS
2.1 The Service Provides shall comply with all applicable federal, state and local laws,
ordinances, rules and regulations pertaining to the performance of the work specified
herein.
2.2 The Service Provider shall obtain all permits, licenses and certificates, or any such
approvals of plans or specifications as may be required by Federal, State and local laws,
ordinance, rules and regulations, for the proper execution of the work specified herein.
2.3 During the performance of this Contract, the Service Provider shall keep current and, if
requested by the City, provide copies of any and all licenses, registrations or permits
required by applicable governing agencies, The Service Provider shall keep a copy of any
and all licenses, registrations and permits on the job site while performing the Contract
work.
2.4 The Service Provider will comply with the City of Brookhaven's Financial Management
and Purchasing Policies.
2.5 Service Provider will complete all work in accordance with all applicable legal
requirements, including but not limited to O.C.G.A. 50-5-63, as applicable.
3. SERVICE PROVIDER'S PERSONNEL
3.1 The Service Provider will abide by all State and Federal regulations on wages and hours
of an employee dealing with the employment relationship between the Service Provider
and its subsidiaries or related parties and its employees, including but not limited to the
Federal National Labor Relations Act, the Federal Fair Labor Standards Act, the Federal
Civil Rights Act of 1964, as amended, and the Americans with Disabilities Act.
3.2 The Service Provider shall require all prospective employees to show proof of
citizenship, or proof from the United States Immigration and Naturalization Service of
valid entry permits and/or work permits for legal aliens and proof that such legal aliens
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PROPOSAL CONDITIONS
are eligible to be employed in the United States. This includes any requirement for
participation in the DHS e-Verify or SAVE program.
3.3 Should the Service Provider engage employees who are illiterate in English, it will be the
Service Provider's responsibility and obligation to train such employees to be able to
identify and understand all signs and notices in and /or around the areas that relate to
them or the services being performed by them pursuant to this Contract. In addition, the
Service Provider will have someone in attendance at all time who can communicate
instructions to said employees.
3.4 The Service Provider shall maintain a drug-free workplace within the meaning of the
Georgia Drug-free Workplace Act. No employee shall be hired by a Service Provider for
work on the City's premises prior to such employee having tested negative for drugs. In
addition, existing employees having tested negative for drugs. In addition, existing
employees of the Service Provider must be subject to drug testing by the Service Provider
upon reasonable suspicion of drug use. Results of all such drug tests are to be retained by
the Service Provider. Copies shall be provided to the City, if requested.
3.5 The Service Provider shall transfer promptly from the City any employee or employees
that the City advises are not satisfactory and replace such personnel with employees
satisfactory to the City; but in no event shall the City be responsible for monitoring or
assessing the suitability of any employee or agent of the Service Provider.
3.6 The Service Provider's employees shall be instructed that no gratuities shall be solicited
or accepted for any reason whatsoever from the tenants, customers or other persons at the
City.
3.7 A valid driver license (Commercial Driver License, if applicable) will be required of all
personnel operating motor vehicles or motorized equipment on roadways in or around the
City.
3.8 While working on city property all Service Provider's employees shall wear neat-
appearing attire and footwear of a style that the complies with all legal and safety
requirements, including and without limitation, the requirements of OSHA.
3.9 Designation of Project Manager-the Service Provider shall designate an experienced
Project Manager ("Project Manager") acceptable to the City for all purpose related to the
work. The initial Project Manager shall be (TBD).
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PROPOSAL CONDITIONS
3.9.1 The Project Manager shall be fully responsible for the Service Provider meeting all of its
obligations under this Contract. The Project Manager shall provide the City with an
appropriate status report on the progress of the project.
3.9.2 The Project Manager shall be available, as reasonably required, to be on-
site during necessary times. Such times shall be discussed between the
Project Manager and the City, but the final required times will be the
City's discretion.
3.9.3 In the event that the designated Project Manager terminates employment
with the Service Provider or is requested by the City to be removed from
the role of Project Manager (as provided in Section 3.5), the position shall
be assumed by an individual with equivalent qualifications, experience,
and knowledge. Such replacement shall require the City's prior approval.
3.10 The process by which the implementation partner requests the removal of
a team member from the project. If a Service Provider replaces a proposed
team member, the Service Provider shall replace that team member of
similar experience. The City reserves the right to accept or reject any
proposed or replacement team member, with or without cause, at any time
during the duration of the project.
4. TOOLS AND EQUIPMENT
It shall be the sole responsibility of the Service Provider to provide for all tools, parts,
and equipment necessary to perform work under this Contract.
5. PERFORMANCE REQUIREMENTS
5.1 The Service Provider shall perform all of its obligations and functions under the Contract
in accordance with the Contract specifications and to the standard of care of a reasonable
professional that is performing the same or similar work, at the same time and locality
and under the same or similar conditions faced by Service Provider (the "Standard of
Care").
The Service Provider shall adjust and coordinate its activities to the needs and
requirements of the City and perform its activities so as not to annoy, disturb, endanger,
unreasonably interfere with or delay the operations or activities of the City.
5.2 The Service Provider's personnel shall perform work in compliance with all Federal,
State, and City of Brookhaven regulations.
5.3 Dates for commencement and completion of work shall be coordinated with the City's
Authorized Representative (CAR).
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PROPOSAL CONDITIONS
5.4 Any work required beyond that which is specified herein shall be reported in advance to
the City. At no time shall work beyond the scope be performed without prior written
authorization from the City.
5.5 The Service Provider shall utilize maximum safety procedures. Tools and equipment will
be in a good state of repair, safe to use, and be used in the manner in which they were
intended. The Service Provider is required to inform all workers and concerned persons
of the Material Safety Data on all products being utilized on this project. No materials or
equipment will be left unattended at any time.
6. CONFIDENTIAL INFORMATION
6.1 In the curse of performing the Contract work, the Service Provider may gain access to
security-sensitive and other sensitive information of the City.
6.2 The Service Provider agrees to hold all City data and information in confidence and to
make such information known only to its employees and subcontracts who have a
legitimate need to know such information and only after advising such persons of the
Service Provider's non-disclosure obligations.
6.3 The Service Provider shall seek the City's prior written consent before using for any
purpose other than the fulfillment of the Service Provider's obligations hereunder, or
before releasing, disclosing, or otherwise making such information available to any other
person.
6.4 The Service Provider shall employ such practices and take such actions to protect the
City's information from unauthorized use or disclosure as the Service Provider employs
and takes to protect its own information, but in no event shall the Service Provider use
less than reasonable efforts to protect the City's information.
6.5 The provisions of this Section shall survive the expiration or earlier termination of the
Contract.
7. USE OF PREMISES
During the progress of the work specified herein, to the extent any work is performed on
the City's premises, the Service Provider shall keep the premises free from accumulation
of waste materials, and other debris resulting from, work and about the premises as well
as tools, equipment, machinery and surplus material, and leave the site clean and ready
for occupancy by the City.
8. SAFETY AND PROTECTION
The Service Provider shall be solely and completely responsible for initiating,
maintaining and supervising all safety precautions for the safety of, and shall provide the
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