1-RFP 26-11 Playground Equipment for Trailblazer Park.docx

REQUEST FOR PROPOSAL

26-11

NEWTON COUNTY BOARD OF COMISSIONERS

Design-Install Playground for Trailblazer Park

January 13, 2026

SUBMISSION’S ARE DUE ELECTRONIALLY, USING THE PORTAL BELOW, NO LATER THAN

February 12, 2026 at 9:00 AM https://co-newton-ga.bonfirehub.com/portal/?tab=login THE OFFEROR IS RESONSIBLE FOR SUBMITTING A RESPONSE TO THIS REQUEST FOR PROPOSAL (RFP) TO NEWTON COUNTY ON OR BEFORE THE STATED DEADLINE

Issue Date: January 13, 2026

ADVERTISEMENT FOR REQUEST OF PROPOSAL

Design-Install Playground for Trailblazer Park

RFP #26-11

Newton County Board of Commissioners will be receiving separate sealed proposals for Design-Install Playground & Exercise Equipment for Fairview Park electronically until 10:00 AM, local time, February 12, 2026. ALL PROPOSALS MUST BE SUMITTED THROUGH BONFIRE’S ELECTRONIC SUMBISSION PORTAL.

Mandatory bid meeting will be held on January 27, 2026 at 10:00 AM at 3123 Alexander St NW, Covington, GA 30014. Any late bidders will not be eligible to bid.

All Proposals must be accompanied by a Bid Bond in an amount not less than ten percent (10%) of the Base Proposal. Performance Bond and Payment Bond, each in the amount of one hundred percent (100%) of the contract amount, will be required of the successful Proposer. Bonds must be written by an acceptable Surety Company licensed to do business in the State of Georgia and listed in the Department of the Treasury, Circular 570, latest edition.

NOTE: Contractor and all subcontractors must obtain a business license and be fully insured. The successful Proposer shall secure and pay for all permits, assessments, charges or fees required in connection with the proposed construction.

INSURANCE:

Consultant shall maintain the following insurance:

a) Comprehensive General Liability, including blanket contractual, covering bodily injuries with limits of no less than $1,000,000.00 per occurrence, and property damage with limits of no less than $1,000,000.00 per occurrence;

b) Commercial Automobile Liability, including blanket contractual, covering bodily injuries with limits of no less than $1,000,000.00 per occurrence, and property damage with limits of no less than $1,000,000.00 per accident;

c) Statutory Worker's Compensation Insurance, including $1,000,000.00 employer's liability insurance;

All insurance shall be provided by an insurer(s) acceptable to the County, and shall provide for thirty (30) days prior notice of cancellation to the County. Upon request, Contractor shall deliver to the County a certificate or policy of insurance evidencing Contractors compliance with this paragraph. Contractor shall abide by all terms and conditions of the insurance and shall do nothing to impair or invalidate the coverage.

Each proposal will be considered by the Newton County Board of Commissioners, taking into consideration specific evaluation factors, as set forth in the Request for Proposal. The Authority reserves the right to reject any or all Proposals, including without limitation, the right to reject any Proposal that the Authority believes would not be in the best interest of the Project.

Digital copies of the PROPOSAL DOCUMENTS may be obtained at the Purchasing office at no charge by visiting www.co.newton.ga.us or contacting Randi Fincher at 678-625-1237 or rfincher@co.newton.ga.us. Hard copies of the PROPOSAL DOCUMENTS may be obtained upon a non-refundable payment of $25.00 for each set. The Authority is not obligated to consider the contractor’s proposal if they are not on record with the issuing office as having received complete Proposal Documents.

January 13, 2026 Newton County Board of Commissioners

INTRODUCTION

Newton County Board of Commissioners is requesting separate Sealed Proposals for a Design-Install Playground for Trailblazer Park. Instructions for preparation and submission of a proposal are contained in this packet. Proposals must be typed or printed in ink.

Newton County provides equal opportunity for all businesses and does not discriminate against any person or business because of race, color, religion, sex, national origin, handicap or veteran’s status. This policy ensures all segments of the business community have access to supplying the goods and services needed by Newton County.

MANDATORY BID MEETING

Mandatory bid meeting will be held on January 27, 2026 at 10:00 AM at 3123 Alexander St NW, Covington, GA 30014. Any late bidders will not be eligible to bid.

PURCHASING CONTACT FOR THIS REQUEST:

All questions concerning this invitation and all questions arising subsequent to award are to be addressed to the Purchasing Department at the following address:

Newton County Purchasing Department, Attn: Randi Fincher, 1113 Usher Street, Suite 204, Covington, GA 30014 Phone: 678-625-1237 E-mail: rfincher@co.newton.ga.us

To maintain a “level playing field”, and to assure that all proposers receive the same information, proposers are requested NOT to contact anyone other than the contact above until after the award of the contract. Doing so could result in disqualification of the proposer.

SUBMISSION INSTRUCTIONS AND DUE DATE

Please follow these instructions to submit via our Electronic Submission Portal.

1. Prepare your submission materials:

Requested Information:

The maximum upload file size is 1 GB.

Upload your submission at:

https://co-newton-ga.bonfirehub.com/portal/?tab=login

Your submission must be uploaded prior to the Proposals Due Date. Proposals received after this time will not be accepted.

Newton County BOC accepts no responsibility for non-receipt and/or delays in receipt caused by transmission and reception problems, equipment failure or any other similar cause.

Each item of Requested Information is instantly sealed and will only be visible after the Proposals Due Date and Time.

Uploading large documents may take significant time, depending on the size of the file(s) and your internet connection speed.

Need Help?

Newton County BOC uses Bonfire’s portal for accepting proposals digitally. Please contact Bonfire at https://co-newton-ga.bonfirehub.com/portal/support.

ADDENDA

Answers to questions submitted that materially change the conditions and specifications of this RFP will be distributed to all addressees as an addendum. Any discussions or documents will be considered non‑binding unless incorporated and distributed in an addendum. Answers to all questions shall be provided a minimum of 72 hours prior to the time the Proposal is due.

Proposers shall check with the Purchasing Department frequently during the bidding process to verify that they have received all issued addendums. While every attempt is made to make sure that registered proposers receive notice of addendums, proposers have the responsibility of making sure that they have received all issued addendums. Addenda are required to be signed and returned with the proposal submittal.

PROPRIETARY INFORMATION

Careful consideration should be given before submitting confidential information to Newton County. The Georgia Open Records Act permits public scrutiny of most materials collected as part of this process. Please clearly mark any information that is considered a trade secret, as defined by the Georgia Trade Secrets Act of 1990, O.C.G.A. §10-1-760 et seq., as trade secrets are exempt from disclosure under the Open Records Act. Newton County and the Authority does not guarantee the confidentiality of any information not clearly marked as a trade secret.

AWARD OF CONTRACT

The Newton County Purchasing Department and Evaluation Committee will make a recommendation for award. The Board of Commissioners will make the actual award of the contract and has the authority to award the contract to a company different than the company recommended by the Purchasing Department and/or Evaluation Committee.

This is a past performance/qualification/price trade-off source selection in which competing offeror’s past and present performance history and qualification will be evaluated first. Award will be made to the responsible offeror whose proposal represents the best value after evaluation in accordance with the factors listed below. Newton County may reject any or all proposals and to waive any technicalities or informalities if such action is in the county’s interest.

Newton County intends to evaluate proposals and award a contract without discussions with offerors. Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a price and technical standpoint. The County reserves the right to conduct discussions if the County later determines them to be necessary.

Proposers will be evaluated based on the following criteria and may be called in for an interview. The County intends to award the contract to the responsible and responsive contractor whose proposal is determined in writing to be the most advantageous to the County taking into consideration all of the evaluation criteria.

EVALUATION CRITERIA

Proposers will be evaluated based on the following criteria and may be called in for an oral presentation. The County intends to award the contract to the responsible and responsive consultant whose proposal and oral presentation is determined in writing to be the most advantageous to The County taking into consideration all of the evaluation criteria.

Proposals will be evaluated using the categories and scoring indicated below:

INSURANCE

With its proposal, each proposer shall indicate whether it meets the insurance requirements stated above, or if greater coverage is held, the coverage types and amounts in its insurance program.

TERM OF CONTRACT

The Contract Term will be 90 calendar days. Contractor shall pay the County $100 a day for each and every calendar day that expires after the 90-day contract term.

CONTRACT ADMINISTRATION

The contact for any Task Assignments or purchase order(s) arising as a result of this RFP shall be Kale Curtis, Deputy Director.

TENTATIVE BID SCHEDULE

WITHDRAWAL OF PROPOSAL

A proposer may withdraw his proposal before the proposal due date, without prejudice to the proposer, by submitting a written request of withdrawal to the Newton County Purchasing Department. Following the proposal due date, submitted proposals shall be valid for a period of ninety (90) days from the proposal due date.

REJECTION OF PROPOSAL

Newton County may reject any and all proposals and must reject a proposal of any party who has been delinquent or unfaithful in any formal contract with Newton County. Also, the right is reserved to waive any irregularities or informalities in any proposal in the proposing procedure. The County shall be the sole judge as to which proposal is best, and in ascertaining this, will take into consideration the business integrity, financial resources, facilities for performing the work, and experience in similar operations of the various proposers.

STATEMENT OF EXPERIENCE AND QUALIFICATIONS

The proposer may be required, upon request, to prove to the satisfaction of Newton County that he/she has the skill, experience, necessary facilities and ample financial resources to perform the contract(s) in a satisfactory manner and within the required time. If the available evidence of competency of any proposer is not satisfactory, the proposal of such proposer may be rejected. The successful proposer is required to comply with and abide by all applicable federal and state laws in effect at the time the contract is awarded.

NON-COLLUSION AFFIDAVIT

By submitting a proposal, the proposer represents and warrants that such proposal is genuine and not sham or collusive or made in the interest or in behalf of any person not therein named, that the proposer has not directly or indirectly induced or solicited any other proposer to put in a sham proposal, or any other person, firm or corporation to refrain from proposing and that the proposer has not in any manner sought by collusion to secure to that proposer any advantage over any other proposer.

NO CONFLICT OF INTEREST

By submitting a proposal, the proposer represents and warrants that no Commissioner, Administrator, employee, or any other person employed by Newton County has, in any manner, an interest, directly or indirectly, in the proposal or in the contract which may be made under it, or in any expected profits to arise therefrom.

DOCUMENTS DEEMED PART OF THE CONTRACT

The notice, invitation to proposers, general conditions, and instructions for proposers, special conditions, specifications, proposal, and addenda, if any, will be deemed part of the contract.

PERMITS

The awarded contractor will be responsible for acquiring any permits that are required for this project. Newton County will waive fees on all permits issued by Newton County.

STANDARD INSTRUCTIONS

1. The instructions contained herein shall be construed as a part of any proposal invitation and/or specifications issued by Newton County and must be followed by each proposer.

2. The written specifications contained in this proposal shall not be changed or superseded except by written addendum. Failure to comply with the written specifications for this proposal may result in disqualification.

3. All goods and materials shall be F.O.B. Destination Covington, Georgia and no freight or postage charges will be paid by Newton County unless such charges are included in the proposal price.

5. All proposals must be received through the portal (information provide above) by proposal due date and time. Each proposer assumes the responsibility for having his/her proposal received at the designated time and place of proposal due date. Proposals received after the stated time and date may be subject to rejection without consideration. Newton County accepts no responsibility for non-receipt and/or delays in receipt caused by transmission and reception problems, equipment failure or any other similar cause.

6. Unless otherwise stated, all proposals submitted shall be valid and may not be withdrawn for a period of 90 days from the due date.

7. Each proposal form submitted must include the name of the business, mailing address, the name, title and signature of the person submitting the proposal.

8. The County reserves the right to reject any and all proposals.

9. Telephone, Telegraphic or Facsimile proposals will not be accepted.

10. No sales tax will be charged on any orders.

a. Sales Tax Exempt #48-08-03

b. Federal I.D. #58-6000870

11. If applicable, completed questionnaires must be signed manually. Newton County reserves the right to accept or reject any proposal on the basis of incomplete or inaccurate answers to the questionnaire.

16. Proposers shall identify any subcontractors, Joint Ventures, and include an explanation of the service or product that they may provide.

SPECIFIC INSTRUCTIONS

Any Proposer submitting a Proposal in response to the aforesaid Request for Proposal shall comply with the following specific instructions:

(1) The submission of a Proposal constitutes a representation by the Contractor that it has studied and examined the Proposal Documents, including the scope of work attached to this RFP.

(2) Any Proposal may include such documentation and information as the contractor deems appropriate to establish that it is a responsible and responsive Contractor and that its Proposal is the most advantageous to the County, taking into consideration the specific evaluation factors, as set forth in the aforesaid Request for Proposals.

(3) Any changes, additions, interpretations, or corrections, to or concerning the Proposal Documents prior to the date for submission of Proposals will be issued as an Addendum by the Authority. Only such written changes, additions, interpretations, or corrections by Addendum shall be binding. Any changes, additions, interpretations, corrections given by any other method shall not be valid and the Contractor shall not rely upon in any manner whatsoever any verbal statements, instructions, interpretations, corrections, or other information provided by the Authority. Addendum will be posted on the portal.

(4) All Proposals must be signed by a duly authorized officer, member, or general partner (as appropriate) and dated. All blanks on the completed Proposal Form shall be filled in where so requested. The completed Proposal shall be without interlineations, alterations or erasures.

(5) Upon submission, all Proposals shall become and remain the property of the County. The County shall have no liability arising out of the disclosure, dissemination, or publication of any Proposal or any information contained therein.

(6) Any Proposal submitted to the County shall remain open for acceptance by the County, and same shall be honored by the contractor, for a period of ninety (90) days of the date set forth hereinabove for the receipt of Proposals;

(7) The County reserves the right to amend these Instructions, or clarify same by Addendum, within the time provided by Georgia Law. If such revisions or amendments are of such magnitude as to warrant, in the sole discretion of the County, the postponement for the date of the submission and receipt of Proposals, written notification shall be issued to any contractor who has notified the County in writing of its intent to submit a Proposal pursuant to the County’s Request for Proposals.

(8) A Summary Checklist of the items in be included in each proposal is shown below:

Exhibit A: Proposal Certification (REQUIRED) Exhibit B: Scope of Work Exhibit C: Bid Bond (REQUIRED) Exhibit D Payment & Performance Bond Exhibit E: Sub Contractor’s Affidavit (REQUIRED) Exhibit F: Immigration & Security Form (REQUIRED) Exhibit G: Non- Collusion (REQUIRED) Exhibit H: Certificate Regarding Debarment (REQUIRED) Exhibit I: Contractor’s Qualification-Statement & Questionnaire (REQUIRED) Exhibit J: General Contractor-Subcontractor Listing (REQUIRED) Exhibit K: Business License and Insurance (REQUIRED) Exhibit L: Addenda (if applicable)

Exhibit A

I certify that this proposal is made without prior understanding, agreement, or connection with any corporation, contractor or person submitting a proposal for the same, and is in all respects fair and without collusion or fraud. I understand that 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 this Request for Proposal #26-11 and certify that I am authorized to sign this proposal for the company.

EXHIBIT- B

Scope of Work

Background:

Newton County Board of Commissioners is requesting proposals to design and install playground equipment for Trailblazer Park. The County will select one (1) Supplier and or Contractor to provide equipment and materials for the playground as outlined in this request.

Suppliers should base their playground equipment designs on meeting all accessibility and safety standards as well as the guidelines & specifications listed in this RFP. Quality of equipment components, quality of design, play value, cost and appropriateness to location and target demographic must be taken into consideration in the design of the play system.

Scope of Work:

The project includes: designing, removal and cleanup of current playground equipment, grading, furnishing, delivering, installing composite play structure, equipment footings, certified mulch, two (2) trashcans and two (2) benches. The Contractor will be responsible for any permits/certifications if applicable related to the job.

Dimensions of Area: roughly 42’x32’ Poured in place and wood mulch, estimated square footage, 3,268.

Budget: Not to Exceed $150,000

All equipment will be assembled and installed by the Supplier and or Contractor.

Each respondent is limited to a maximum of two (2) design proposals for this RFP as described below:

1. Playground equipment, not to exceed $150,000

Detailed lay-out of the proposed project, construction designs, drawings and any other information that details or explains the proposal.

Proposed schedule with completion dates

The County requires Suppliers to design a play system that meets or exceeds all current federal CPSC, ASTM, IPEMA standards and ADA requirements. The proposals shall include the cost of delivery the play system as designed, inclusive of the equipment structures, components, hardware, detailed technical installation instructions and maintenance & operations manuals form manufacturer.

Suppliers should base their playground equipment designs on meeting all accessibility and safety standards as well as the guideline.

A Representative of the Supplier is required to conduct a post installation inspection of equipment upon completion to insure the proper installation of the equipment. If not properly installed, modifications must be submitted in writing to the County and remedied immediately. Co-inspection with the Supplier’s representative of assembly and installation work will be conducted by the County following installation. The Supplier shall submit to the County, the manufacturer’s certification of compliance and warranty following punch list completion.

Exhibit C Bid Bond KNOW ALL MEN BY THESE PRESENTS that

____________________________________________________________ As Surety (the “Surety”), and

____________________________________________________________ As Principal (the “Contractor”) are held and firmly bound unto NEWTON COUNTY, GEORGIA (the “County”), pursuant as the terms and conditions of this Bond (the “Bid Bond”) as set forth herein:

The Contractor timely executes the Agreement between Owner and Contractor (the “Agreement” as provided by the County and as included in the Contract Documents: and, The Contractor furnishes to the County fully executed Payment and Performance Bonds as required by the Agreement, then this obligation shall be void: otherwise, the Surety and the Contractor, shall be jointly and severally liable to the County, and shall make payment to the County, in the amount of ten percent (10%) of the lump sum contract price (exclusive of any pricing for Alternates or unit prices) as set forth in the Proposal of the Contractor. The Contractor agrees that the amount of this Bid Bond as set forth hereinabove constitutes a proper and lawful sum for liquidated damages which the County will sustain in the event Contractor fails or refuses to execute the Agreement or fails or refuses to furnish the required Payment and Performance Bonds.

The Surety shall cause to be attached to this Bid Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of the Surety to execute and deliver same.

BID BOND

This Bid Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bid Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bid Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bid Bond that is not in conflict therewith shall continue in full force and effect.

IN WITNESS WHEREOF, the undersigned have caused this Bid Bond to be executed and their respective corporate seals to be affixed and attested by their duly authorized representatives this _______ day of __________________________ 20___.

[CONTRACTOR]

By:________________________ [SEAL]

Witness

[NAME OF SURETY]

By:_____________________________[SEAL]

Sworn and subscribed to before me this _____ day of _____________________ , 20___.

NOTARY PUBLIC

Commission Expiration:

[ATTACH PROPERLY EXECUTED POWER OF ATTORNEY]

END OF SECTION

Exhibit D-Payment & Performance Bond

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Name of Surety)

in lawful money of the United States, for their payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , 20 , a copy of which is hereto attached and made a part hereof for the construction of:

NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS.

PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

In WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, on the day of 20 .

ATTEST:

(SEAL)

(Witness as to Principal) (Address)

(Address)

Surety

ATTEST:

(Surety) Secretary

(SEAL)

(Address) (Address)

NOTE: Date of BOND must not be prior to date of CONTRACT. If CONTRACTOR is Partnership, all partners should execute BOND.

IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the PROJECT is located.

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Name of Contractor) a , hereinafter called Principal, Corporation, Partnership, or Individual) and (Name of Surety)

(Address of Surety) hereinafter called Surety, are held and firmly bound unto The Newton County Board of Commissioners

in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK , and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS.

PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

one of which shall be deemed an original, this the day of 20__.

ATTEST:

Principal

(Principle) Secretary

BY (s)

(Address)

Witness as to Principal

(Address)

(Address)

BY

Principal

Attest:

Witness as to Surety

(Address)

NOTE: Date of BOND must not be prior to date of Contract.

If CONTRACTOR is Partnership, all partners should execute BOND.

IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the PROJECT is located.

Exhibit E

SUBCONTRACTORS QUALIFICATION AFFIDAVIT

LISTED SUBCONTRACTOR_______________________________________________

AFFIDAVIT

THIS IS TO CERTIFY that ________________________________________ (Subcontractor’s company name), proposed subcontractor for ________________________________ (scope of work) for_________________________, is qualified for the work of the above Division (s) and meets the qualifications cited in specification Section (s) __________________, Paragraph (s) _______________________________________.

THE CERTIFICATIONS of the affiant are not mere declarations, but are in consideration of and in fulfillment of express contractual requirements established in the bidding documents for this project.

THIS AFFIDAVIT applies to:

PROJECT: ______________________________________________________________

This ______day of _____________________, 20__.

General Contractor___________________________________

By________________________________________________

Title (must be an officer of the company) ________________________________

CERTIFICATION OF NOTARY PUBLIC

Sworn and subscribed to before me, an officer authorized to administer oaths.

This __________ day of _________________, 20___.

NOTARY PUBLIC

My commission expires on _________________________

SEAL

Exhibit F

IMMIGRATION AND SECURITY FORM

O.C.G.A. § 13-10-91 requires contractors interested in public works contracts to file an affidavit that the contractor and its subcontractors have registered and participate in a federal work authorization program intended to insure that only lawful citizens or lawful immigrants are employed by the contractor or subcontractor.

In order to insure compliance with the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act OCGA 13-10-90 et.seq., Contractor must warrant and affirm that Contractor has complied with the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act by registering at https://e-verify.uscis.gov/enroll/StartPage.aspx?JS=YES; and verifying information of all new employees; and by executing any affidavits required by the rules and regulations issued by the Georgia Department of Labor set forth at Rule 300-10-1-.01 et.seq.

By executing this affidavit, the undersigned Contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Newton County, Georgia has registered with and is participating in a federal work authorization program [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91, and Contractor warrants that it will continue to use the federal work authorization program throughout the contract period.

The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with Newton County, Georgia, Contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Georgia Department of Labor Rule 300-10-01-.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to Newton County, Georgia at the time the subcontractor(s) is retained to perform such service.

Firm Name: _______________________________________________________________

Street/Mailing Address: ______________________________________________________

City, State, Zip Code: _______________________________________________________

Telephone Number: ________________________________________________________

Email: ___________________________________________________________________

Company Identification Number: __________________________________________________

Date of Authorization: ______________________________________________________

Exhibit G Non-Collusion Affidavit of Prime Bidder/Subcontractor

State of Georgia Newton County, Georgia

, being the first duly sworn, deposes and says that:

1. He/she is of (Owner, partner, etc.) (Company) the Bidder that has submitted the attached Bid;

2. He/she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid;

3. Such Bid is genuine and is not a collusive or sham Bid;

4. Neither the said Bidder nor any of its officers, partners, owners, subcontractors, agents, representatives, employees or parties in interest including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix price or prices in the attached Bid or of any other Bidder, or to fix overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement and advantage against Newton County or any person interested in the proposed contract;

5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees or parties in interest including this affiant;

Exhibit H

CERTIFICATION REGARDING DEBARMENT SUSPENSION, AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS

INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation could disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available, the County may terminate this transaction for cause or default.

4. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary participant agrees by submitting this proposal that should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled ''Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction,'' provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the list of Parties Excluded from Federal Procurement and Non-procurement Programs.

Debarment Certification (Version 1, 6/98) Page 1 of 2

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 49 CFR pan 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.

CERTIFICATION

(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:

(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency;

(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and

(d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

(2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Organization Name PR/Award or Project Name

Name and Title

Signature Date

Debarment Certification (Version 1, 6/98) Page 2 of 2

Exhibit I

CONTRACTOR’S QUALIFICATION-STATEMENT AND QUESTIONNAIRE

NAME OF PROJECT: Playground Equipment for Trailblazer Park

NAME OF OWNER: NEWTON COUNTY, GEORGIA

NAME OF PROPOSED CONTRACTOR:

(The “Contractor”)

I. INSTRUCTIONS

A. ALL questions are to be answered in full, without exception. If copies of other documents will answer the questions completely, they may be attached and clearly labeled. If additional space is needed, additional pages may be attached and clearly labeled.

B. The Owner, Newton County, Georgia, its agents and representatives, shall be entitled to contact each and every reference listed in response to this questionnaire and each entity referenced in any response to any question in this questionnaire. The Contractor _________________________________________________________________________ (hereinafter “Contractor”), by completing this questionnaire expressly agrees that any information concerning the Contractor in possession of said entities and references may be made available to the Owner.

C. Only complete and accurate information shall be provided by the Contractor. The Contractor hereby warrants that, to the best of its knowledge and belief, the responses contained herein are true, accurate, and complete. The Contractor also acknowledges that the owner is relying on the truth and accuracy of the responses contained herein. If it is later discovered that any material information given in response to a questions was provided by the Contractor knowing it was false, it shall constitute grounds for immediate termination or rescission by the Owner of any subsequent agreement between the Owner and the Contractor. The Owner shall also have and retain any other remedies provided by law.

D. If there are any questions concerning the completion of this form, the Contractor is encouraged to contact the Newton County Purchasing Department, 678-625-1237.

E. The completed form shall be submitted with Contractor’s proposal.

F. This form, its completion by the Contractor, and its use by the Contractor, and its use by the Owner, shall not give rise to any liability on the part of the Owner to the Contractor or any third party or person.

II. GENERAL BACKGROUND

A. CURRENT NAME & ADDRESS OF CONTRACTOR:

B. PREVIOUS NAME OR ADDRESS OF CONTRACTOR, IF ANY:

C. CURRENT PRESIDENT OR CHIEF EXECUTIVE OFFICER:

Years in that position: _________________________________________

D. NUMBER OF EMPLOYEES (PERMANENT):

E. NAME AND ADDRESSES OF CURRENT AFFILIATED COMPANIES (PARENT, SUBSIDIARY, DIVISIONS):

III. PROPOSED PROJECT PERSONNEL

A. PROPOSED PROJECT MANAGER:

1. List the name, qualifications and background of your proposed project manager for this project. (Include the names and addresses of companies he/she has been affiliated with in the last five years).

2. List at least three projects, by size, type and duration that the proposed project manager has supervised in the last five years for the Contractor, or for any other company.

B. PROPOSED SUPERINTENDENT

1. List the qualifications and background of your proposed job superintendent (if different than the project manager) and include the names and addresses of any companies he/she has been affiliated with in the last five years.

2. List at least three projects, by size, type and duration that the proposed job superintendent has supervised in the last five years for the Contractor or for any other company.

IV. COMPANY EXPERIENCE-SIMILAR PROJECTS

A. List all projects of reasonably similar nature, scope and duration performed by your company in the last seven years, specifying where possible, the name and last known address of each owner of those projects.

B. Of the projects listed in response to Subsection (A), identify any which was the subject of a substantial claim or lawsuit by or against the Contractor. Please identify in your response the nature of such claim or lawsuit, the court in which the case was filed and the details of its resolution.

V. LEGAL PROCEEDING

A. ARBITRATIONS

List all construction arbitration demands filed by or against the Contractor in the last five years and identify the nature of the claim, the amount in dispute, the parties and the ultimate resolution of the proceeding.

B. LAWSUITS

List all construction-related lawsuits (other than labor or personal injury litigation) filed by or against the Contractor in the last five years and identify the nature of the claim, the amount in dispute, the parties and the ultimate resolution of the lawsuit.

C. OTHER PROCEEDINGS

1. Identify any lawsuits, administrative proceedings or hearings initiated by the National Labor Relations Board or similar state agency in the past seven years concerning any labor practices of the Contractor. Identify the nature of any proceeding and its ultimate resolution.

2. Identify any lawsuits, administrative proceedings or hearings initiated by the Occupational Safety and Health Administration concerning the project safety practices of the Contractor in the last seven years. Identify the nature of any proceeding and its ultimate resolution.

3. Identify any lawsuits, administrative proceedings or hearings initiated by the Internal Revenue Service or any state revenue department concerning the tax liability of the Contractor (other than audits) in the last seven years. Identify the nature of any proceeding and its ultimate resolution.

4. Have any criminal proceedings or investigations been brought against the Contractor in the last ten years? (If the answer is yes, please attach a complete and detailed report with your responses to this questionnaire).

VI. REFERENCES

A. References

Reference #1

Name: __________________________________________________

Address: _________________________________________________

City/State: _______________________________________________

Contact: _________________________________________________

Phone: __________________________________________________

Reference #2

Name: __________________________________________________

Address: _________________________________________________

City/State: _______________________________________________

Contact: _________________________________________________

Phone: __________________________________________________

Reference #3

Name: __________________________________________________

Address: _________________________________________________

City/State: _______________________________________________

Contact: _________________________________________________

Phone: __________________________________________________

VII. EXPERENCE:

Project #1

Name: ___________________________________________________

Location: _________________________________________________

Contract Price: ____________________________________________

Owner: __________________________________________________

Address: _________________________________________________

City/State: _______________________________________________

Contact: _________________________________________________

Phone: __________________________________________________

Arch/Eng: ________________________________________________

Contact/Phone: ____________________________________________

Project #2

Name: ___________________________________________________

Location: _________________________________________________

Contract Price: ____________________________________________

Owner: __________________________________________________

Address: _________________________________________________

City/State: _______________________________________________

Contact: _________________________________________________

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