2-Bid 26-47-5211 Central Park Playground Surface Replacement.pdf

Forsyth County Procurement Department

INVITATION TO BID

BID NO: 26-47-5211

Date Issue: April 16, 2026

Forsyth County, Georgia is seeking competitive bids from qualified vendors to Provide all Materials, Equipment and Labor for the Central Park Playground surface replacement.

Deadline for Receiving Sealed Bids 2:00 P.M. (EST) Thursday, May 14, 2026

Bids will be opened at:

2:30 P.M. (EST)

Thursday, May 14, 2026 Forsyth County Board of Commissioners 2435 Freedom Parkway Liberty/Freedom Training Room – 1010 Cumming Georgia, 30041 (also available via Teams)

Question and Answer Deadline:

No questions will be accepted after Monday, May 4, 2026

12:00 P.M. (EST)

All questions must be asked via EUNA under Opportunity Q&A No questions accepted outside of EUNA

Bonds Bid Bond Required Performance & Payment Bonds due upon award

Forsyth County uses a procurement portal powered by EUNA Procurement formerly Bonfire Interactive (“EUNA”) https://www.forsythco.com/Departments-Offices/Procurement/Bids- Results

Sealed bids will be opened at the time, date, and place shown above and online via Microsoft Teams (visit the Forsyth County Procurement Department webpage for login information).

Bid award will be announced later pending evaluations of all bids submitted. Interested parties may login to EUNA to obtain the bid tabulation.

TABLE OF CONTENTS

INVITATION TO BID

SOLICITATION STANDARD TERMS AND CONDITIONS

1. Defined Terms

2. Bid Documents

3. Bid Platform and Connectivity

4. Qualifications Of Bidders

5. Examination of Contract Documents and Site

6. Addenda and Interpretations

7. Bid Security (required)

8. Bid Bond Forfeiture (if required)

9. Substitute or "Or Equal" Items

10. Subcontractors, Suppliers and Others

11. Submission of Bids

12. Modification and Withdrawal of Bids

13. Opening of Bids

14. Bids to Remain Open

15. Award of Contract

16. Submittals by Successful Bidder

17. Taxes

18. Qualifications of Surety Companies

20. General Information

21. Execution of Written Contract

BID SPECIFICATIONS

BID SCHEDULE

NON-COLLUSION AFFIDAVIT

SOLICITATION CERTIFICATE

CONTRACTOR AFFIDAVIT AND AGREEMENT

ADDENDUM ACKNOWLEDGEMENT

BID BOND

LIST OF SUBCONTRACTORS

GENERAL CONDITIONS

SOLICITATION STANDARD TERMS AND CONDITIONS

1. Defined Terms

BID, a formal offer submitted by an individual, firm, partnership, corporation to perform a specific project or provide goods or services at a stated price.

BIDDER, an individual, firm, partnership, or corporation, acting directly or through a duly authorized representative, legally submitting a Bid for the performance of a specific project or provision of goods or services.

BID DOCUMENTS or BID FORM(S), the complete sets of Bid Documents submitted by a Bidder as the Bid for the performance of the project or provision of goods or services including but not limited to, the prepared form(s) furnished by the County properly filled in, executed, and submitted by the Bidder.

BOARD, the Board of Commissioners of Forsyth County, Georgia.

BID SECURITY, a financial guarantee submitted with the Bid ensuring the Successful Bidder will honor the terms of its Bid, enter into a contract, and provide required Performance and Payment Bonds. Bid Security is equal to five percent (5%) of the Bidder's maximum Bid delivered to the County in the form of a cashier's check or Bid Bond issued by a Surety.

BONDS (Bid, Performance, Payment), Bid Bond is one form of Bid Security submitted with the Bid; Performance Bond is a guarantee for the faithful performance of the Contract; Payment Bond serves as protection of persons furnishing materials or labor, in connection with the performance of the Project.

All Bonds shall be properly issued and executed by the Contractor as Principal, and Surety Company as Surety on the County provided forms.

CHAIRMAN, the Chairman of the Board of Commissioners of Forsyth County, Georgia.

CONTRACT DOCUMENTS, the documents covering the performance of the Project and payments thereto, including but not limited to the Invitation to Bid, Information for Bidders, Bids, Non-Collusion Affidavit, Construction Services Agreement, Bonds, General Conditions, Specifications, Scope of Work, Detail Drawings, Plans, Addenda, Change-Orders, and Supplementary Agreement which may be entered into, all of which documents are to be treated as one instrument whether or not set forth at length in the Form of Construction Services Agreement. Contract and Agreement shall be synonymous and may be used interchangeably.

CONTRACTOR, individual, firm, partnership or corporation legally submitting a Bid for the performance of the Project and upon award enter into a legally binding agreement outlining the mutual obligations and rights of the parties in performance of the Project.

COUNTY, the County of Forsyth, a political subdivision of the State of Georgia.

NOTICE OF AWARD, formal notice that the County intends to enter into a Contract with the Successful Bidder or, where relevant, multiple Successful Bidders.

PLANS, DRAWINGS, or CONTRACT DRAWINGS, drawings or reproductions thereof furnished by the Consulting Engineers or County, as the case may be, pertaining to the Project and such detailed drawings as may be issued by the County as the Work proceeds.

PROJECT or WORK, the entire scope of work, goods, and/or services described in this solicitation, including all labor, materials, equipment, services, and tasks necessary to complete the specified objectives, deliverables, and outcomes in accordance with the terms and conditions outlined in the Contract Documents.

SPECIFICATIONS, the Bid Specifications, Scope of Work, General Requirements, Objectives, Plans, Drawings, Addenda, and all written agreements, made or to be made, pertaining to the method or manner of performing the Work or to the quantities or qualities of materials to be furnished for the Work.

SUB-CONTRACTOR, an individual, firm or corporation, other than the Contractor, supplying labor and/or materials on behalf of the Contractor in furtherance of the performance of the Project.

SUBSTANTIALLY COMPLETED, defined as the point at which all Work is complete except for minor punch-list items that do not materially impede final inspections or occupancy.

SUCCESSFUL BIDDER means the Bidder to whom the County awards or expects to award the Contract.

SURETY or SURETY COMPANY, the corporate body which is bound with and for the Contractor and which engages to be responsible for Contractor’s acceptable performance of the work and payment of all debts pertaining to the Project.

2. Bid Documents

2.1 Complete set of Bid Documents shall be used in preparing Bids. The County assumes no responsibility for errors or misinterpretations resulting from using incomplete sets of Bid Documents.

2.2 The County, in making Bid Documents available on the above terms, does so only to obtain Bids on the Work and does not confer license or grant for any other use.

2.3 Any part of the Bid Documents may be modified by Addenda ONLY.

3. Bid Platform and Connectivity https://www.forsythco.com/Departments- Offices/Procurement/Bids-Results.

3.1 Forsyth County uses EUNA Procurement formerly Bonfire Interactive to administer the competitive solicitation process, including but not limited to soliciting quotes, issuing addenda, posting results, and issuing notification of an intended decision. Vendors are strongly encouraged to read the various vendor Guides and Tutorials available in EUNA as well in advance of their intention of submitting a quote to ensure familiarity with the use of EUNA.

The County shall not be responsible for a Vendor's inability to submit a quote by the end date and time for any reason, including issues arising from the use of EUNA. There is no charge to Vendors to register and participate in the solicitation process, nor will any fees be charged to the awarded Vendor.

3.2 The County shall not be responsible for errors of any kind or nature occurring in the transmission or downloading/uploading of any documents from the County website or EUNA. The County does not guarantee continuous, uninterrupted, or secure access to its website or other related websites.

Operation of its website or EUNA may be affected from time to time by numerous factors outside of our control. Site problems, user problems, internet problems, power outages, or routine maintenance may interrupt or prevent access to information, documents, and/or bid submission capabilities.

4. Qualifications Of Bidders

4.1 Bidders must submit a completed Project Experience Form(s) demonstrating

Bidder’s qualifications and successful performance on projects of similar scope and size to the Work described in this solicitation. Failure to use the County forms shall constitute a non-responsive Bid and the Bid shall be rejected.

4.2 County may make any investigations deemed necessary to determine Bidder's ability to perform the Work, and Bidder shall furnish all information and data requested by County related to the investigation.

4.3 Bidders must be duly registered with the Georgia Secretary of State and such registration must remain active for the duration of the Project and the warranty period plus five (5) years.

5. Examination of Contract Documents and Site

5.1 The County will NOT provide a formal site visit to allow prospective Bidders to conduct a visual site inspection. Bidders are solely responsible for independently visiting the site, at their own time and expense, to familiarize themselves with existing conditions and all factors that may affect the Work.

Failure to visit the site shall not relieve the Bidder of any obligation under the Contract Documents, and no additional compensation, time, or consideration will be granted for conditions that would have been reasonably observed during a site visit. All questions arising from any site visit shall be submitted in accordance with the schedule outlined in the Addenda and Interpretation section.

5.2 Before submitting a Bid, each Bidder shall: (a) examine the Contract Documents thoroughly; (b) become familiar with federal, state, and local laws, ordinances, rules, and regulations affecting Work cost, progress, or performance; (c) study and carefully correlate Bidder's observations with the Contract Documents; and, (d) notify County concerning conflicts, errors, or discrepancies in Contract Documents.

5.3 Bidders are advised to carefully examine the Contract Documents and the location of the Work, verify all information with authorities concerned, and judge for themselves all the circumstances affecting the cost of the Work and the time required for its completion, and shall assume all patent and latent risks in connection therewith.

5.4 Bidders are solely responsible for independently visiting the site, at their own time and expense, to familiarize themselves with the existing conditions and all factors that may affect the Work. Failure to visit the site shall not relieve the Bidder of any obligation under the Contract Documents, and no additional compensation, time, or consideration will be granted for conditions that would have been reasonably observed during a site visit. All questions arising from any site visit shall be submitted through EUNA Procurement.

5.5 Bid submission will constitute an incontrovertible representation that Bidder understands and has complied with requirements contained in this solicitation, and that Bidder has read and understood the Bid Documents and hereby stipulates that the documents are sufficient in scope and detail to indicate and convey understanding for terms and conditions in order to perform the Work.

6. Addenda and Interpretations

6.1 All questions concerning the meaning or intent of Bid or Contract Documents or request for clarification of any ambiguity, conflict, discrepancy, omission, or other error discovered in this solicitation shall be submitted to the County in writing via the question/answer feature provided by EUNA and must be received prior to the Question and Answer Deadline.

Questions received less than seven (7) days prior to date for opening Bids will only be reviewed and will not be answered unless the County chooses to extend the bid deadline. Only questions answered by formal Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

All questions and requests received through EUNA will be responded to by an official written addendum issued by the County, and uploaded to EUNA as an addendum to this ITB. Responses given by any County official, officer, staff, or agent will have no legal effect and shall not be binding upon the County. All addenda are a part of the Bid or Contract Documents, and each Bidder will be bound by such addenda. NOTE: It is the responsibility of the Bidder to ensure receipt of all Addenda issued. In the absence of an Addendum, all provisions shall be construed in favor of the County.

The County may issue Addenda to modify Bid or Contract Documents as it deems necessary.

7. Bid Security (required)

7.1 Bid Security Requirements: Each Bid shall be accompanied by Bid Security payable to the County in an amount equal to five percent (5%) of the Bidder's maximum Bid price. Bid Security shall be in the form of either (i) a cashier's check (payable to “Forsyth County Board of Commissioners”) or (ii) Bid Bond issued by Surety meeting requirements contained in Qualifications of Surety Companies Section below. Bid Bond must be on the County provided form found in the Bid Documents. Failure to use the County forms shall constitute a non-responsive Bid and the Bid shall be rejected.

7.2 Retention and Forfeiture of Bid Security: Bid Security for Successful Bidder will be retained until Bidder has executed Agreement and furnished required Payment and Performance Bonds. If Successful Bidder fails to furnish the qualifications submittals or fails to execute and deliver Agreement and furnish required Payment and Performance Bonds within ten (10) calendar days after Notice of Award, County may annul Notice of Award and Bidder's Bid Security will be forfeited.

7.3 Duration of Bid Security Retention: Bid Security, for any Bidder that County believes to have reasonable chance to receive award, may be retained by the County until the ninety-first (91st) day after Bid opening. If Notice of Award is issued within ninety (90) calendar days after Bid opening, Bid Security for Successful Bidder receiving Notice of Award may be retained by County up to ninety (90) calendar days after Notice of Award.

7.4 Surety Company Qualifications: Bid Bond shall be issued by a surety company in compliance with the requirements of the Qualifications of Surety Companies section below.

8. Substitute or "Or Equal" Items

The Contract, if awarded, will be based on material and equipment described in Plans or specified in Specifications without consideration for possible substitute or "or equal" items. Application for substitute or "or equal" items will only be considered by the County after award of the contract. All bids shall be based on the information contained within the Contract Documents.

Procedure for submitting an application for substitute “or equal” item(s) for consideration by County is set forth in the Contract Documents.

9. Subcontractors, Suppliers and Others:

9.1 Each Bid shall identify names and addresses for subcontractors, suppliers, and other persons and organizations furnishing material and equipment, or Bid will be considered non-responsive. The Bidder is cautioned that any person, firm, or other party to whom it is proposed to award a subcontract under this Contract must meet the same conditions of experience, competent personnel, and workman's compensation insurance as the Bidder.

9.2 Bidders shall, submit a County Experience Forms with pertinent information for similar projects and other qualifications for each subcontractor, supplier, person, and organization. If County, after due investigation, has reasonable objection to any proposed subcontractor, supplier, person, or organization, County may, before giving Notice of Award, request Successful Bidder to submit acceptable substitute(s) without increase in Bid price or anticipated completion of Project. If Successful Bidder declines to make substitution, County may elect not to award contract to Bidder. Bidder's declining to make substitution will not constitute grounds for sacrificing said Bidder’s Bid Bond.

9.3 Procedures for approving Subcontractors after executing Agreement are described in the Contract Documents. No subcontractors may be employed without the specific written authorization of the County.

10. Submission of Bids

10.1 Each Bid shall contain following documents in completed form. In the event the information is not applicable the form should continue to be included and N/A may be used to reference “Not Applicable” (WHERE COUNTY

FORMS ARE PROVIDED THEY MUST BE USED WITHOUT SUBSTITUTION):

(a) Bid Schedule ***Included in the Bid Documents, this form shall not be modified or replicated by a Bidder***

(b) Bid Security ***Bidders must provide a Surety Bond on the provided form or Cashier's Check***

(c) Power of Attorney (applicable to Bid Bond only)

(d) Required Information from Sealed Bidders Solicitation Certificate

(e) Non-Collusion Affidavit

(f) Contractor Affidavit and Agreement

(g) List of Subcontractors

(h) Addendum Acknowledgement

(i) Project Experience Form ***Bidder may supplement, but not replace, this form with letters of reference from a similar project(s).***

10.2 WHERE COUNTY BID FORMS ARE PROVIDED, THEY MUST BE USED

WITHOUT SUBSTITUTION. Use of Bid Forms other than those provided by the County shall constitute a non-responsive Bid and shall be rejected.

10.3 Bids shall be submitted before time indicated in advertisement for Bid and shall be submitted via EUNA.

10.4 Bids by corporations shall be executed in the full legal corporate name by its president or vice-president (or other corporate officer accompanied by evidence indicating officer has authority to sign) and corporate seal shall be affixed and attested by secretary or assistant secretary. Corporate address and state of incorporation shall be shown below signature. If Bid is executed by someone other than president or vice-president, attach to Bid certified corporate resolution by board of directors authorizing person to execute Bid for Corporation.

10.5 Bids by partnerships or limited liability companies (LLC) shall be executed in the full legal partnership or LLC name and signed by a partner or a member, as the case may be, whose title shall appear under signature and official partnership or LLC address shall be shown below signature.

10.6 If requested, person signing a Bid for a corporation, partnership, or LLC shall produce evidence satisfactory to County indicating person's authority to bind corporation, partnership, or LLC.

10.7 Names shall be typed or legibly printed below a signature.

10.8 Address, telephone number, and email for communications regarding

Bid shall be legibly shown.

10.9 More than one Bid received for same work from individual, firm, partnership, corporation, or association under same or different names will not be considered. Reasonable grounds for believing that any Bidder is interested in more than one Bid for same work will cause County to reject all Bids from Bidder. If County believes collusion exists among Bidders, Bids from participants in collusion will not be considered.

10.10 Conditions, limitations, or provisions attached by the Bidder to the Bid

Forms may cause its rejection. Bids containing items not included in the form of Bid will be considered irregular.

11. Modification and Withdrawal of Bids

11.1 Withdrawal of Bids: Bids may be withdrawn by written request only, if the request is received prior to the time and date set for the opening of bids.

Negligence on the part of the Bidder in preparing a Bid confers no right of withdrawal or modification of such Bid after Bid has been opened. No Bid may be withdrawn for a period of ninety (90) calendar days after time has been called on the date of opening.

11.2 Withdrawal Prior to Deadline for Receiving Bids - Bids may be modified or withdrawn by a Bidder via EUNA at any time prior to deadline for submitting Bids. Bid withdrawal will not prejudice Bidder's rights to submit new Bid prior to the posted Bid deadline for receiving Bids.

11.3 Withdrawal After Deadline for Receiving Bids -After the deadline for receiving Bids has expired, no Bid may be withdrawn, modified, or explained except as provided for in paragraph 21 below.

12. Opening of Bids

12.1 Bids will be opened publicly at the time and place set forth in the Invitation

To Bid and read aloud. Abstract listing amounts for Base Bids and major alternates will be made available after Bid opening.

12.2 After Bid opening Bidder has up to twenty-four (24) hours to notify the Forsyth County Department of Procurement that Bidder made an obvious error in Bid calculation. Bid Bond withdrawal for this reason shall be requested in writing via EUNA within this same twenty-four (24) hour period.

Said written request shall be accompanied by sufficient documentation to demonstrate the origin and composition of the "obvious error". Bid Bond may not be withdrawn for any other reason.

13. Bids to Remain Open

Bids shall remain open for acceptance by County for ninety (90) calendar days after Bid opening. County may, at its sole discretion, release any Bid and return Bid Security prior to that date.

14. Award of Contract

14.1 The award for all Contracts established through an Invitation to Bid will be made to the lowest responsible Bidder meeting all specifications and whose Bid is responsive to the Invitation to Bid. This is the Bidder who submits the lowest price, whose bid meets the Specifications, who agrees to Contract terms and conditions with Forsyth County, and who is clearly capable of performing the resulting Contract. Therefore, the lowest responsible Bidder will not always be the Bidder who has submitted the lowest monetary Bid.

14.2 Any suggested revisions to Contract language must be requested in the form of a question during the Question and Answer (Q&A) period of the solicitation. A response to requested revisions will be made in the form of an Addendum. See also Section 6 above.

14.3 The County’s minimum insurance requirements are outlined in the draft form of Construction Services Agreement included in the Bid and Contract Documents. Bidders are responsible for reviewing the draft form of agreement for the complete insurance requirements. Questions regarding the insurance must be submitted in writing during the Questions and Answer (Q&A) period of the solicitation. The County may, at any time before the award and based on the nature of the services, require additional coverages or higher limits. Any changes made prior to the bid closing will be communicated through an addendum.

Prior to the notice of intent to award, the Bidder must provide a Certificate of Insurance (COI) and any required endorsements evidencing compliance with the specified coverages and limits. Contract award and contract execution are conditional upon receipt and approval of a compliant COI and required endorsements.

14.4 To extent permitted by applicable state and federal laws and regulations, County reserves right to reject any and all Bids, to waive any and all informalities, and to disregard nonconforming, non-responsive, or conditional Bids. Bids may be considered irregular and subject to rejection if they show serious omission, unauthorized form alterations, use of unauthorized forms, unauthorized alternate bids, incomplete or unbalanced unit prices, or other irregularities. Discrepancies between words and figures will be resolved in favor of correct sum. Any mistake which is obviously a clerical one, such as an error in price extension, or in placement of decimal points, reversal of prices, FOB destination, FOB point of origin, etc., may be corrected after verification is made by the Bidder. However, under no circumstances can unit prices be changed.

14.5 Contract will be awarded by County pursuant to applicable law. Nothing contained herein shall place duty upon County to reject bids or award contract based upon anything other than County's sole discretion as described herein.

14.6 County may consider qualifications of experience for subcontractors, suppliers, persons, and organizations proposed for Work.

14.7 County may conduct investigations deemed necessary to assist in evaluating Bids and to establish responsibility, qualifications, and financial ability for Bidders, proposed Subcontractors, persons, and organizations to do Work.

County reserves the right to reject Bid from any Bidder not passing evaluation to County's satisfaction.

14.8 The Successful Bidder will be required to furnish a Performance Bond and a Payment Bond, each in a sum not less than one hundred percent (100%) of the amount of the Contract. The bond forms are attached to the form of agreement marked exhibits.

14.9 Failure of the Contractor to submit approved Performance and Payment Bonds within the ten (10) calendar days after notification from the County to do so shall, at the discretion of the County, constitute a forfeiture of the Bid Bond.

15. Submittals by Successful Bidder

15.1 County intends to award contract to Bidder competent to perform and complete Work in satisfactory manner. County will require Successful Bidder to submit, within seven (7) calendar days after receiving written request from County and prior to contract award, Preliminary Progress Schedule, as set forth below.

15.2 Work Schedule shall be submitted via email to procurement agent and include time-scaled schedule and narrative in accordance with appropriate formats and sequencing conditions set forth in Specifications (including General Conditions). Activities shall identify significant submittals and approvals, major equipment deliveries, equipment testing, County's responsibilities, affected utilities, and other similarly involved third parties.

15.3 The Bid Schedule shall be complete and included with the bid at the Deadline for Receiving Sealed Bids.

15.4 Successful Bidder and Surety, if any, agree any delays within Bidder's control in delivering submittals shall constitute request by Bidder for time extension and Bid shall remain open for County's acceptance. If County agrees to time extension, Bidder shall comply with Submittal Requirement within five (5) additional calendar days. At County's option, failure by Successful Bidder to deliver submittals within extended period will void Bid evaluation and will constitute proof Successful Bidder has abandoned Bid, Bid Bond may be declared forfeited to County as liquidated damages, and Work may be awarded to another Bidder.

16. Taxes

16.1 Goods and services purchased directly by Forsyth County are exempt from

Federal Excise Tax and Georgia Sales and Use Tax. A certificate will be furnished upon request. While Forsyth County is exempt from taxes, the Successful Bidder is responsible for paying all taxes legally required of such Successful Bidder by law. Forsyth County cannot exempt others from taxes.

16.2 Contractor shall pay applicable sales, consumer, use, and other similar taxes required by law. Contractor is responsible for reviewing pertinent state statutes involving sales tax and complying with requirements.

16.3 The Contract prices for articles, materials, or equipment named herein are subject to increase by the amount of any additional tax or taxes affecting the articles, materials or equipment involved in the Contract imposed by or under the authority of the Federal or State Government and passed or taking effect after the receipt of Bids, and shall continue in effect during such time as such tax or taxes are lawfully collectible; provided, however, that in the event of such increase in cost, the claim shall be presented within thirty (30) days and supported by evidence of such additional tax, satisfactory to the County.

17. Qualifications of Surety Companies

17.1 In order to be acceptable to County, the Surety company issuing Bid Bonds or

Performance/Payment Bonds as required in Bid Documents, shall meet and comply with following minimum standards:

17.1.1 Bonding Company must be licensed to do business in Georgia by the Georgia Secretary of State, authorized to do business in Georgia by the Georgia Insurance Department, listed in the Department of the Treasury's publication of companies holding certificates of authority as acceptable surety on federal bonds and as acceptable reinsuring companies and have an AM Best rating of A- and financial classification of VII or higher.

17.1.2 All Bonds must be submitted on forms provided by Forsyth County and agencies providing bonds and insurance must provide proof that they meet the criteria outlined in the Bid and Contract Documents.

17.1.3 Surety shall be admitted to do business in State of Georgia and shall be registered to provide such surety by the State of Georgia Insurance Commissioner.

17.1.4 Surety must appear on the Treasury Department's most current list

(Circular 570 as amended).

17.1.5 Surety shall have been in business and have record indicating successful continuous operations for at least five (5) years.

17.1.6 Attorneys-in-fact who sign Bid, Performance or Payment Bonds shall file with the applicable Bond a certified power of attorney providing authority to sign the Bond.

17.1.7 Surety company agents shall list name, address, and telephone number on Bonds.

17.1.8 Performance and Payment Bonds shall extend twelve (12) months beyond date of final payment and shall contain waiver for alteration to Contract terms, time extensions, or forbearance on County's part.

18. General Information

18.1 CHANGES: No change will be made to this invitation except by written modification by the County Procurement Office via EUNA. Requests for interpretation or changes must be in writing and received at least (7) seven calendar days prior to the time set for opening of the bids.

18.2 FOB POINT: Bid price to include shipping, packing, crating, and unloading at address in Bid Schedule. Title to remain with Contractor until fully accepted by the County. Goods damaged or not meeting specifications will be rejected and removed at Contractor’s expense. Concealed damaged goods to remain property of the Contractor until replaced or removed at County's direction.

18.3 BID ACCEPTANCE TIME: Bids requiring acceptance by the County in less than ninety (90) calendar days could be rejected, unless so stated on "Bidder's Response Page" and accepted by the County.

18.4 NONDISCRIMINATION:

18.4.1 The Forsyth County Board of Commissioners is committed to compliance with Title VI of the Civil Rights Act of 1964 and all related regulations and directives. Forsyth County assures that no person shall on the grounds of race, color, or national origin, as provided by Title VI of the Civil Rights Act of 1964, and the Civil Rights Restoration Act of 1987 (P.L. 100.259), be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity.

Forsyth County further assures that every effort will be made to ensure nondiscrimination in all of its programs and activities whether or not those programs and activities are federally funded. In addition, Forsyth County will take reasonable steps to provide meaningful access to services for persons with Limited English Proficiency. When Forsyth County enters into a contract with another entity utilizing federal aid funds, Forsyth County will include Title VI language in all written agreements and will monitor for compliance.

18.4.2 The Bidder in accepting this Contract, attests that it is in compliance with the nondiscrimination clause contained in Section 202 of Executive Order 11246, as amended, relative to equal employment opportunity for all persons without regard to race, color, religion, sex, or national origin, and the implementing rules and regulations prescribed by the Secretary of Labor, which is incorporated herein by reference.

18.5 BID RESULTS: Bid results will be posted on EUNA under Public Files.

18.6 REGULATORY AGENCIES: Successful Bidder will be responsible for all required permits or license required by any regulatory agency of the city, county, state or federal governments. Further, Successful Bidder will be responsible for meeting all requirements of any regulation(s) or guideline(s) of any of the said governments or any independent agency recognized by said governments as publisher of any such regulation(s) or guideline(s).

18.7 INDEPENDENT CONTRACTORS: The Bidder represents to Forsyth County that it is fully experienced and properly qualified to perform the functions provided for herein and that it is properly equipped, organized, and financed to perform such functions. The Bidder shall finance its own operations hereunder, shall operate as an independent contractor and not as the agent of Forsyth County and nothing contained in this Invitation to Bid or a Contract resulting from same shall be construed to constitute the Bidder or any of its employees, servants, or agents or subcontractors as a partner, employee, servant, or agent of the County nor shall either party have any authority to bind the other in any respect, it being intended that each shall remain an independent contractor.

18.8 INSPECTION OF RECORDS:

18.8.1 The records of the Procurement Office are open and accessible to the public in accordance with the provisions of the Georgia Open Records Act. Requests for inspection of records must be in writing, must be reasonable, must contain sufficient information to facilitate retrieval, and must not interfere with the orderly operation of the Procurement Office.

18.8.2 Bidders are cautioned that any documentation submitted with or in support of a Bid will become subject to public inspection under the Georgia Open Records Act. Labeling such information “Confidential,” “Proprietary,” or in any other manner will not protect this material from public inspection upon request. There will be a charge assessed to any person requesting copies of records.

19. Execution of Written Contract

Successful Bidder will be required to sign a written Contract identified in Bid Documents as a draft form of Construction Services Agreement. Such Agreement contains terms and conditions of the contractual arrangement for the services. Such form of agreement will be modified as appropriate, at the County’s discretion, to include any additional specific terms related to the services being provided. Any questions regarding the form of services agreement must be submitted in writing by the deadline for questions specified in this Bid.

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BID SPECIFICATIONS

BID NO. 26-47-5211Error! Reference source not found.

Providing all Materials, Equipment and Labor for removal and replacement of the safety surface at the Central Park Playground. Error! Reference source not found.

Bidders are requested to provide pricing for two (2) options included in this solicitation. If a bidder cannot provide pricing for an option, the bidder must clearly mark that option as “No Bid.” Failure to indicate pricing or “No Bid” for each option may result in the bid being considered incomplete.

A.(Bid Item No. 1): Base Bid Objective: Pour-In-Place Safety Surface Installation

B.(Bid Item No. 2): Alternate # 1 Objective: Bonded Rubber Mulch Safety Surface Installation

SCOPE OF WORK:

Project Manager: Rusty Pruitt | Deputy Director of Department of Parks and Recreation Project Location: Central Park Playground, 2300 Keith Bridge Road, Cumming, GA 30040

Work Hours:

Work shall be performed during consecutive 8-hour workdays, 6 days a week, 7:00 a.m. to 7:00 p.m. Monday through Friday 8:00 a.m. to 6:00 p.m. Saturday, until the work is complete.

Sunday construction is not permitted.

The County intends to close the Project area to the public and/or County staff for the duration of the Project(s). The Project(s) and closure of the Project area are to be coordinated between the Contractor and Project Manager.

Work Schedule: Prior to commencing the Project Contractor shall provide a detailed work schedule for each part of the Project for coordination and review with the Project Manager.

The work schedule shall, at a minimum, indicate:

a) The first date of initial on-site mobilization;

b) Duration and sequencing of Work activities broken down by trade and phase within each major structure or geographical area on site;

c) Identification of Work activities likely to cause increased disruption to the Work, the site, or surrounding operations;

d) Plan for coordination with any relevant service or utility providers; and,

e) The projected Date of Substantial Completion, defined as the point at which all work is complete except for minor punch-list items that do not materially impede final inspections or occupancy.

General Requirements: The Contractor shall, at a minimum, adhere to the following:

1) Verify all site conditions and dimensions prior to mobilization.

2) Ensure that all required materials and equipment have been obtained and are available prior to the commencement of Work.

3) Maintain a safe, clean job site at all times. At the end of each workday, contractor shall remove debris, properly dispose of waste, and haul away all trash generated by the work or workman. Hazardous or construction materials must be disposed of in compliance with all local, state, and federal regulations.

4) Upon completion of the Project Contractor shall restore the job site to its original condition, including the removal of all construction materials, debris, and equipment. Any areas disturbed or altered during the course of the Work shall be repaired or reinstated to the satisfaction of the County.

5) Take all necessary precautions to protect existing structures, finishes, and site elements during the work. Provide the appropriate protective coverings to any surrounding areas to shield adjacent areas, fixtures, and surfaces not subject to repair or replacement. This includes, but is not limited to, roofing components, adjacent structural elements, and any architectural or landscape features near the work. Any damage to existing elements resulting from the Contractor’s operations shall be promptly repaired or replaced at no additional cost to the County.

6) Be responsible for securing the work areas with signage, barricades, cones, or fencing to prevent public access during construction operations and any hazardous or unsafe areas shall be clearly marked. Contractor shall be responsible for removing all signage, barricades, cones or fencing upon acceptance of the Project by the County.

7) Product data sheet and technical specifications must be submitted prior to installation.

Site Preparation for Base Bid and Alternate # 1 Protect all existing playground equipment, footings, adjacent sidewalks, borders, landscaping and adjacent improvements throughout the project from damage.

Remove and properly dispose of existing PIP playground surfacing material.

Inspect the subbase for damage, settlement, and drainage deficiencies.

Inspect and verify that the existing subgrade is suitable for the new safety surface installation.

Repair, regrade, and compact the subbase as necessary to provide a smooth, stable foundation for the new safety surface.

Verify that finished elevations will align with adjacent borders, ramps, and transitions to ensure ADA accessibility.

Base Preparation for Base Bid and Alternate # 1 Ensure proper drainage and positive slope away from playground equipment and structures.

Install or repair perimeter edging as required to fully contain the new surfacing.

Prepare the base to meet the manufacturer specifications and tolerances for the installation of the new safety surface.

Confirm subbase is compacted to a minimum of ninety-five percent (95%) Standard Proctor density.

Verify subbase is free of standing water, debris, and contaminants prior to installation.

A. (BID ITEM NO. 1) Base Bid – Pour-in-Place (PIP)

The new PIP System shall consist of a two-layer system.

BASE LAYER

o Recycled SBR rubber mixed with a polyurethane binder.

o Thickness is required to meet fall-height protection requirements of installed playground equipment.

o Installed in accordance with manufacturer specifications.

WEAR COURSE (TOP LAYER)

o EPDM virgin rubber granules mixed with aliphatic polyurethane binder.

o Standard thickness: ½ inch (minimum), unless otherwise specified.

o Color(s) to be selected by Project Manager after award.

o Installed to provide a smooth, seamless, slip-resistant finish.

Thickness Requirements o Surfacing thickness shall meet or exceed the critical fall height of the highest designated play surface.

o Contractor shall verify equipment fall heights prior to installation.

o Thickness transitions shall be smooth and compliant with accessibility standards.

Safety and Compliance Requirements o The new PIP safety surface should meet or exceed ASTM, CPSC, and ADA requirements. All work must comply with the following:

o ASTM F1292 (Impact Attenuation) o ASTM F1951 (Accessibility) o ASTM F2479 (PIP Surfacing Guidelines) o CPSC Public Playground Safety Handbook o ADA accessibility requirements

Warranty o Provide warranty that covers the following:

o Material integrity o Adhesion and bonding o Safety compliance o UV and weather resistance

B. (BID ITEM NO. 2) Alternate # 1 – Bonded Rubber Mulch Material must be free from contaminants, bonded with a UV-resistant polyurethane binder.

Color(s) to be selected by Project Manager after award.

Shredded rubber size shall be ¼ inch to 3/8 inch diameter.

Must meet ASTM F1292, ASTM F2075, ADA accessibility, and ASTM D2859 requirements.

Thickness is required to meet fall-height protection requirements of installed playground equipment.

The shredded rubber granules must be mixed according to manufacturer-specified polyurethane binder at recommended ratios.

Contractor shall allow sufficient curing time for polyurethane to set.

Contractor shall ensure edges are flush with containment and no loose granules remain outside the play area.

Installation shall:

o Occur only under manufacturer recommended temperature and humidity conditions.

o Not process during rain or unsuitable weather conditions.

o Follow all curing requirements.

Warranty o Provide warranty that covers the following:

o Material integrity o Adhesion and bonding o Safety compliance o UV and weather resistance

PHOTOS OF EXISITING SURFACE

BID SCHEDULE

BID NO:26-47-5211

Providing all Materials, Equipment and Labor for the Central Park Playground Surface Removal and Replacement.

Bid Item No. Item Description Bid Price

1 (A) Base Bid: Material & Labor for Pour-In-Place $

2 (B) Alternate # 1: Material & Labor for Bonded Rubby Mulch $

Bidder accepts terms and conditions contained in Bid Document Package including, without limitation, those dealing with County’s time for accepting Bid and disposition of Bid Security.

Bidder has examined the site and locality where the Work is to be performed and legal requirements (federal, state, and local laws, ordinances, rules, and regulations) and conditions affecting Work cost, difficulty, progress, or performance and has made independent investigations as Bidder deems necessary.

Bidder has given County written notice concerning conflicts, errors, or discrepancies discovered in Bid Document Package and written resolution by County is acceptable to Bidder. All work is to be completed as specified in Bid Specifications and Drawings.

Authorized Signature:

Company Name:

Printed Name and Title:

Warranty on all workmanship, labor, and materials: ____________________________________

NON-COLLUSION AFFIDAVIT

BID DATE: ______________

PROJECT DESCRIPTION: Central Park Playground Surface Replacement

STATE OF _______________}

COUNTY OF _____________}

__________________________________________, being first duly sworn, deposes and says that (s)he is ___________________________________ (the sole owner, a partner, the president, secretary, etc.) of ____________________________________________________ the party making the foregoing Proposal or Bid; that such Bid is genuine and not collusive or a sham; that said Bidder has not colluded, conspired, connived, or agreed, directly or indirectly, with any Bidder or person, to put in a sham Bid, or that such other person refrain from bidding, and has not in any manner, directly or indirectly sought by agreement or collusion, or communication or conference, with any person, to fix the Bid price of affiant or any other Bidder, or to fix any overhead, profit or cost element of said Bid price, or that of any other Bidder, or to secure any advantage against Forsyth County, or any person interested in the proposed Contract; and that all statements in said Proposal or Bid are true; and further, that such Bidder has not, directly, or indirectly submitted this Bid, or the contents thereof, or divulged information or data relative thereto, to any association or to any member or agent thereof.

Affiant: Date:

Signed and sworn to (or affirmed) before me on ___________________, 20____ by (print name(s) of individual(s) making statement) who proved to me on the basis of satisfactory evidence to be the person who appeared before me.

Personally Known

Or

Produced Identification (ID) Type of ID # of ID (last 4 digits only) ID Expiration Date

Notary Public My Commission expires:

(Notary Seal)

SEALED BID NO: 26-47-5211

BIDDER SOLICITATION CERTIFICATE

The undersigned acknowledges and agrees to the following:

Acceptance Period: If this bid is accepted within 120 calendar days from the date of Bid Opening the awarded Bidder will furnish all equipment, materials, or services in strict accordance with the specifications or other provisions set forth in the solicitation at the prices submitted in the bid.

Taxes: Forsyth County is exempt from Federal Excise Tax and Georgia Sales and Use Tax.

Bidder shall be solely responsible for payment of all taxes arising out of or related to the Work as required by law. Bid pricing must not reference, list, or label any taxes for which Forsyth County is exempt.

Business License: An awarded Bidder providing services to Forsyth County must hold a valid Forsyth County business license in accordance with the Forsyth County Code of Ordinances and a valid business license in the jurisdiction where the awarded Bidder is located to the extent required by law.

Registration: An awarded Bidder must be duly registered with the Georgia Secretary of State.

The Company’s full legal name must match the business name as registered with the Georgia Secretary of State.

Insurance: The Bidder has provided a Certificate of Insurance evidencing ability to comply with the coverages and limits specified in the solicitation.

Company Full Legal Name:

__________________________________ Person Authorized to Submit this Bid:

Company Tax ID No.

Signature

Printed Name

Title

Street Address: Mailing Address:

Contact person for this bid:

Name

Telephone

Email

CONTRACTOR AFFIDAVIT AND AGREEMENT

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 engaged in the physical performance of services on behalf of Forsyth County, Georgia, has registered with, is authorized to use, and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91.

Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period, and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b).

Contractor agrees that the employee-number category designated below is applicable to the Contractor:

___ 500 or more employees ___ 100 or more employees ___ Fewer than 100 employees

Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

E-Verify Company ID Number

Date of Enrollment

Name of Contractor

Central Park Playground Surface Replacement ____ Name of Project

Forsyth County, Georgia Name of Public Employer

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on _________________, 202__ in ____________________ (city), ______ (state).

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME

THIS _____ DAY OF ______________, 202__.

Notary Public My Commission Expires: _______________

[NOTARY SEAL]

ADDENDUM ACKNOWLEDGEMENT

Bidder acknowledges that the following addenda have been received and included in the proposal:

Addendum No.

Date Issued Addendum No.

Date Issued Addendum No.

Date Issued

I hereby acknowledge receipt of the following checked Addendum of the Sealed Bid, Plans, Specifications, and/or other documents pertaining to the Project.

I understand that failure to confirm the receipt of addendum is cause for rejection of Sealed Bids. It is the responsibility of the Bidder to ensure receipt of all addenda.

Variances: If you take exception or have variances to any term, condition, specification, scope of service, or requirement in this competitive solicitation and the Bid Documents related thereto you must specify such exception or variance in the space provided below or reference in the space provided below all variances contained on other pages within your response. Additional pages may be attached if necessary. No exceptions or variances will be deemed to be part of the response submitted unless such is listed and contained in the space provided below. The County does not, by virtue of submitting a variance, necessarily accept any variances. If no statement is contained in the below space, it is hereby implied that your response is in full compliance with this competitive solicitation.