Bid Packet Rubber Mulch Rec Dept.docx

APPLING COUNTY

BOARD OF COMMISSIONERS

INSTALLATION OF BONDED RUBBER

MULCH PLAYGROUND SURFACING

Appling County Parks & Recreation

INVITATION TO BID

DEADLINE TO SUBMIT SEALED BIDS

Friday, April 10, 2026 at NOON to:

Appling County Board of Commissioners

“INSTALLATION OF BONDED RUBBER

MULCH PLAYGROUND SURFACING”

69 Tippins Street, Suite 201 Baxley, Georgia 31513

Bid opening date and location:

Monday, April 13th, 2026 at 10:00 AM

69 TIPPINS STREET

APPLING COUNTY ANNEX BUILDING

COMMISSIONERS’ SMALL MEETING ROOM

BAXLEY, GA 31513

PREPARED BY:

Robyn Evans, County Clerk

APPLING COUNTY BOARD OF COMMISSIONERS

69 TIPPINS STREET, SUITE 201, BAXLEY, GEORGIA 31513 · Phone: (912) 367-8100 Fax: (912) 367-8161

INDEX

APPLING COUNTY BID SPECIFICATIONS AND RELATED DOCUMENTS

2026 Installation of Bonded Mulch Playground Surfacing

DESCRIPTION PAGE

A. Introduction ………………………………………………..……… 3

B. Notice to Bidders ………………………………………………….. 4 - 12 Bid Evaluation Governing Law Severability Waiver of Agreement Multi-Year Lease, Purchase, & Lease-Purchase Agreements Hold Harmless & Indemnification Clause Independent Contractor Licenses, Certifications, Permits, Etc.

Insurance Requirements E-Verify Compliance Title VI Compliance

C. Scope of Work …………………………………………………….. 13-15

D. Bid Form ………………………………………………………….. 16

E. Contractor Affidavit ………………………………….……………. 17-18

A. INTRODUCTION

Appling County Board of Commissioners is providing bid specifications and related documents seeking prospective bidders for 2026 Installation of Bonded Mulch Playground Surfacing at designated locations of the Appling County Parks and Recreation Department in Baxley, Georgia. Services to be performed are described in the specifications that follow and should include all labor, materials, equipment, and services necessary for installation.

The Contractor selected shall provide a complete, installed playground safety surfacing system, meeting all applicable ASTM and Consumer Product Safety Commission (CPSC) playground safety standards.

Appling County Board of Commissioners prepared this document and is solely responsible for its content. It is the intent of this department to prepare specifications that best fit the minimum needs of the County. Please read all specifications carefully.

Information regarding the attached specifications and related documents may be obtained by contacting Timmy McGuirt, Parks and Recreation Director at (912) 367-8190 or by email tmcguirt@applingco.com, during normal business hours Monday through Friday.

Your participation in the Appling County competitive bidding process is encouraged and appreciated.

B. NOTICE TO BIDDERS

Notice is hereby given that sealed bids shall be received until 10:00 A.M. on Monday, April 10th, 2026 by the County of Appling, State of Georgia, in the office of the Board of Commissioners, 69 Tippins Street, Suite 201, Baxley Georgia 31513, for the Request for Proposals/Sealed Bids Installation of Bonded Rubber Mulch Playground Surfacing.

Bids will be opened in the Appling County Board of Commissioners small meeting room on Monday, April 13th, 2026 at 10:00 AM. Bidders and public may be present during opening of Bids. If all required contractual information is accurate and complete, the project will be scheduled for an official award at the Appling County Board of Commissioner’s next regular meeting scheduled for April 14th, 2026 at 5:30 PM.

Bidders shall ensure that returned packets are addressed as follows.

Robyn Evans, County Clerk Appling County Board of Commissioners

INSTALLATION OF BONDED RUBBER

MULCH PLAYGROUND SURFACING

69 Tippins Street, Suite 201 Baxley, Georgia 31513

Bidders utilizing mail services are encouraged to deliver bid packet(s) two (2) days prior to the bid deadline, in order to allow for internal mail sorting, routing and delivery. Further, bid package(s) submitted via Federal Express, UPS or other carrier service, should be enclosed in an envelope marked “INSTALLATION OF BONDED RUBBER MULCH PLAYGROUND SURFACING” and placed in a normal carrier envelope. It is the responsibility of the bidder to ensure bids are in the custody of the County Clerk of the Board of Commissioners, at the designated time of opening. No late bids, bids submitted via facsimile (fax) or email shall be accepted.

Bid packets shall include the Project Scope of Work - a list of quantities with specifications of work to be performed. Any further work, performed by winning bidder, shall be at their own expense, if prior approval has not been received from the Board of Commissioners.

Exceptions to the specifications must be explained in writing. All bids shall be submitted on the bid form provided. Bidders shall also include an itemized list displaying amount of material used in accordance with specifications, as well as amount being used. The contract documents shall be comprised of: Notice to Bidders, the Specifications, and the Bid Forms. Acceptance of a bid by the Board of Commissioners, as evidenced in writing to bidder from the County Clerk, shall constitute a contract with the successful bidder, for work to be performed at the bid price and within the completion date stated, consistent with the following paragraph.

All work shall be completed by September 30, 2026. Once Appling County Management is satisfied with the work performed and in accordance with required specifications, he/she shall provide approval to the Administrative office so payment can be processed. No payment, initial or total, as appropriate, shall be made until such evidence of acceptance is provided. Pay requests/invoices for all completed work are to be submitted to Appling County Board of Commissioners Administration Office.

Notice to Bidders (Continued)

BID EVALUATION

In addition to the bid amount, additional factors will be considered as an integral part of the bid evaluation process, including, but not limited to:

· The bidder’s ability, capacity, and skill to perform within the specified time limits.

· The bidder’s experience, reputation, efficiency, judgment, and integrity.

· The quality, availability and adaptability of the supplies and materials sold.

· The bidder’s past performance.

· The sufficiency of bidder’s financial resources to fulfill the contract.

· The bidder’s ability to provide future maintenance and/or services.

· Any other applicable factors as the County determines necessary and appropriate.

Appling County Board of Commissioners reserves the right to reject any and all bids presented, to waive the technicalities and informalities in bids, and may accept an item, or group of items, of any bid, may modify or cancel in whole or in part, the notice inviting bids, and may determine to re-advertise for bids as may be deemed in the best interest of the said party.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard of choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Appling, County, Georgia, or the U.S. District Court for the Southern District of Georgia, Brunswick Division, and Consultant submits to the jurisdiction and venue of such court.

SEVERABILITY

Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid.

WAIVER OF AGREEMENT

No failure by Local Government to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and no custom or practice of Local Government at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect Local Government’s right to demand exact and strict compliance by Consultant with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated.

MULTI-YEAR LEASE, PURCHASE, AND LEASE-PURCHASE AGREEMENTS

O.C.G.A. § 36-60-13(a) provides that:

1) The contract shall terminate absolutely and without further obligation on the part of the county or municipality at the close of the calendar or fiscal year in which it was executed and at the close of each succeeding calendar or fiscal year for which it may be renewed as provided in this Code section;

2) The contract may provide for automatic renewal unless positive action is taken by the county or municipality to terminate such contract, and the nature of such action shall be determined by the county or municipality and specified in the contract;

3) The contract shall state the total obligation of the county or municipality for the calendar or fiscal year of execution and shall further state the total obligation which will be incurred in each calendar or fiscal year renewal term, if renewed; and

4) The contract shall provide that title to any supplies, materials, equipment, or other personal property shall remain in the vendor until fully paid for by the county or municipality.

If the Term of this Agreement is longer than one year, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the County on December 31 each calendar year of the Term;

□ unless this box is checked, in which case the Agreement shall terminate absolutely and without further obligation on the part of the County at the end of the County’s fiscal year each year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year;

□ unless this box is checked, in which case the Agreement shall automatically renew on the first day of each subsequent County fiscal year of the Term absent the County’s provision of written notice of non-renewal to Consultant at least five (5) days prior to the end of the then current calendar year (or fiscal year, as applicable). Title to any supplies, materials, equipment, or other personal property shall remain vested in the Consultant until fully paid for by the County.

HOLD HARMLESS AND INDEMNIFICATION CLAUSE

Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or Local Government on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless Local Government and Local Government’s elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an “Indemnified Party” and collectively “Indemnified Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney’s fees and costs of defense (“Liabilities”), which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Consultant, any subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall not include Liabilities caused by or resulting from the sole negligence of the Indemnified Parties. This indemnity obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision.

In any and all claims against an Indemnified Party, by any employee of Consultant, its subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts Consultant or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Consultant or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement.

INDEPENDENT CONTRACTOR

Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of Local Government. Nothing in this Agreement shall be construed to make Consultant or any of its employees, servants, or subcontractors, an employee, servant or agent of Local Government for any purpose. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of consultants, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and Local Government by virtue of this Agreement with Consultant. Any provisions of this Agreement that may appear to give Local Government the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of Local Government with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and Local Government may hire additional entities to perform the Work related to this Agreement.

In as much, as Local Government and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. Consultant agrees not to represent itself as Local Government’s agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of Local Government without the express knowledge and prior written consent of Local Government.

LICENSES, CERTIFICATIONS, PERMITS, ETC.

Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia’s Open Records Act (O.C.G.A. § 50-18-71, et seq.).

OWNERSHIP OF WORK

All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant (“Materials”) shall be the property of Local Government, and Local Government shall be entitled to full access and copies of all Materials in the form prescribed by Local Government. Any Materials remaining in the hands of Consultant or subcontractor upon completion or termination of the Work shall be delivered immediately to Local Government whether or not the Project or Work is commenced or completed; provided, however, that Consultant may retain a copy of any deliverables for its records. Consultant assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed before final delivery to Local Government, Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to Local Government, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment.

INSURANCE REQUIREMENTS

The Contractor, in its sole cost and expense, shall have and maintain in full force and effect for the duration of this Agreement and not less than the longer of the period of the applicable statute of limitations or a period of at least five (5) years following the later termination of the Agreement or completion of all Work under this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. These requirements are subject to amendment or waiver, if so approved in writing by Appling County Board of Commissioners. Contractor’s procurement and maintenance of the insurance required under this Agreement shall not relieve Contractor of any liability under this Agreement or otherwise.

Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with coverage and limits no less than as noted below:

Commercial General Liability (CGL): Commercial General Liability written on Insurance Services Office (ISO) Form CG 00 01 or a substitute form providing equivalent coverage, including but not limited to, liability coverage for bodily injury (including death); property damage (including loss of use); personal and advertising Injury; liability coverage for products, completed operations, premises, on-going operations; and contractual liability coverage, including, but not limited to, coverage for insured contracts, including tort liability of another assumed by Contractor. CGL insurance shall have limits of not less than $1,000,000 (one million dollars) per occurrence, $1,000,000 (one million dollars) personal/advertising injury, $2,000,000 (two million dollars) general aggregate, and $2,000,000 (two million dollars) products/completed operations aggregate.

Such policy shall not include an exclusion for underground, explosion and collapse hazard. This coverage may be achieved by using an excess or umbrella policy. The policy or policies must be on “an occurrence” basis (“claims made” coverage is not acceptable). Products/Completed Operations coverage must be maintained in force and not less than the longer of the period of the applicable statue of repose, the statute of limitations or a period of at least five (5) years following the later termination of the Agreement or completion of all Work under this Agreement. If Contractor will be providing any food-related services, then such policy shall not contain an exclusion for fungi, mold, and/or bacteria in food products intended for consumption.

Commercial Automobile Liability: Commercial Automobile Liability insurance providing coverage for any auto with a limit of at least $1,000,000 (one million dollars) combined single limit per accident including coverage for bodily injury and destruction of property, including loss of use resulting therefrom or arising from the ownership, maintenance or use of all owned/leased, non-owned and hired motor vehicles used in the performance of the Work under this Agreement. Such insurance policy shall include contractual liability coverage, including, but not limited to, tort liability of another assumed by Contractor.

Workers’ Compensation and Employers’ Liability: Workers’ Compensation policy with limits as required by the State of Georgia and Employers’ Liability limits of at least $1,000,000 (one million dollars) per occurrence or disease. (If Contractor is a sole proprietor, who is otherwise not entitled to coverage under Georgia’s Workers’ Compensation Act, Contractor must secure Workers’ Compensation coverage approved by both the State Board of Workers’ Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers’ Compensation Act. Further, the Contractor shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) Coverage shall be included for all states in which Work is performed under this Agreement.

Commercial Umbrella / Excess Liability Coverage: Commercial Umbrella / Excess Liability insurance with limits of at least $1,000,000.00 per occurrence and in the aggregate shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, and Employers’ Liability.

Commercial Property: Special Perils commercial property insurance issued on a 100% replacement cost basis in an amount sufficient to cover all Contractor’s property and Local Government’s property in the care, custody and/or control of Contractor.

If higher limits are maintained by Contractor than shown above, the Local Government shall be entitled to coverage for any additional insurance proceeds in excess of the specified minimum limits maintained by the Contractor.

Workers’ Compensation Insurance: If any of Contractors employees will at any time be working under the Government or Local Government’s direction and/or control, then the required Workers’ Compensation policy shall also include an Alternate Employer endorsement or an endorsement providing equivalent coverage, include Government and/or Local Government as an alternate employer with respect to the Work performed by Contractor’s employees under this Agreement, and a copy of such endorsement shall be attached to Contractor’s Certificate of Insurance.

Workers’ Compensation Insurance: If applicable to Contractor’s scope of work under this Agreement and where required by law, Contractor shall also carry the following coverages on the required Workers’ Compensation policy: U.S. Longshoremen & Harbor Workers Act, Outer Continental Shelf Act, Federal Employers Liability Act, Maritime Liability coverage, including Transportation, Wages, Maintenance and Cure, Jones Act, Death on the High Seas Act, and In REM with the greater of statutory limits or at least $1,000,000 (one million dollars) each accident or disease.

Commercial Automobile Liability Insurance: If Contractor’s Work under this Agreement includes the delivering, hauling or transportation of goods, Contractor shall comply with the Motor Carrier Act of 1980 required limits of financial responsibility and Contractor’s Commercial Automobile policy shall also include the Motor Carrier Act endorsement MCS-90. If Contractor’s Work under this Agreement includes hauling hazardous materials, Contractor’s Commercial Automobile policy shall also include Pollution Liability – Broadened Coverage for Covered Autos endorsement ISO CA 99 48 or its equivalent or such transportation of hazardous materials coverage may be covered under an Environmental Liability policy.

Crime or Fidelity: If Contractor or Contractor’s employees will be working on-site of Local Government’s location(s), the Contractor shall procure and maintain Crime Insurance covering employee dishonesty and computer fraud including, but not limited to, dishonest acts of Contractor, its employees, agents, subcontractors and anyone under Contractor’s supervision or control. Contractor shall be liable for money, securities or other property of Local Government, with limits of not less than $1,000,000 (one million dollars). Such coverage shall include a client coverage endorsement for Local Government with a limit of at least $1,000,000 (one million dollars). Local Government shall be included as a loss- payee.

Local Government reserves the right to require Contractor to provide and maintain additional coverages and/or to modify the coverage requirements contained herein, including limits, based upon Local Government’s prior experience and its continual assessment of the risk associated with the Work and the circumstances under which it is being performed.

Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the Local Government in writing so that the Local Government may ensure the financial solvency of the Contractor; self-insured retentions should be included on the certificate of insurance. Contractor is sole responsible for all deductibles, self-insured retentions, and payment of premiums associated with Contractor’s insurance policies.

Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively:

Additional Insured Requirement. The Local Government and Local Government’s elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually “Insured Party” and collectively “Insured Parties”) shall be included as additional insureds as respects: liability caused, in whole or in part, by activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence.

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

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

Separate Coverage. Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided.

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

Incorporation of Indemnification Obligations. Policies shall include a contractual liability coverage provision or endorsement incorporating the insurable indemnification obligations assumed by the Contractor under the terms of this Agreement.

All Coverages:

Subrogation. The Contractor and its insurers shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Contractor’s Work performed under this Agreement.

Notice Requirement. Each insurer shall endeavor to provide at least thirty (30) days prior written notice (or ten (10) days if due to non-payment of premium) of cancellation or nonrenewal of the insurance to the Local Government. In addition, Contractor shall provide written notice to Local Government at least thirty (30) days prior to any reduction, suspension, voiding, or cancellation of coverage. The Local Government reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law.

Starting and Ending Dates. Liability policies shall have concurrent starting and ending dates.

Acceptability of Insurers: The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance shall be placed with insurer(s) with an A.M. Best Policyholder’s rating of no less than “A-” and with a financial rating of VIII or greater.

Verification of Coverage: Contractor shall furnish to the Local Government for Local Government approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Contractor is specifically required to provide an endorsement including the Local Government as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Contractor’s insurer, agent or broker in its normal course of business and are to be signed by a person authorized by that insurer or insured to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy provided. In the event of a claim, the Local Government reserves the right to require complete, certified copies of all required insurance policies. The Contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage.

Subcontractors: Contractor shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds.

Claims-Made Policies: Contractor shall extend any claims-made insurance policy for at least five (5) years after termination or final payment under the Agreement, whichever is later, and such policy shall have an effective date which is on or prior to the Effective Date.

Progress Payments: The making of progress payments to the Contractor shall not be construed as relieving the Contractor or its subcontractor or insurance carriers from providing the coverage required in this Agreement.

E-VERIFY COMPLIANCE

Applicability Compliance with E-Verification requirements must occur when a local government enters into a contract for the physical performance of services. During the 2013 legislative session, the General Assembly updated the definition of “physical performance of services” to mean “any performance of labor or services for a public employer using a bidding process or by contract wherein the labor or services exceed $2,499.99; provided, however, that such term shall not include any contract between a public employer and an individual who is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing when such contract is for services to be rendered by such individual.” Title 26 and Title 43 relate to certain licensed professionals such as pharmacists, accountants, electricians, plumbers, conditioned air contractors, utility contractors, engineers, surveyors, residential and general contracts, and others. These exclusions were added during the 2013 legislative session and represent a significant limitation in the E-Verify requirements. “Public employer” is defined as “every department, agency, or instrumentality of this state or a political subdivision of this state.” The E-Verify requirements do not apply to contracts for goods where no services are being provided.

AUTHORITY TO CONTRACT

The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant’s board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable.

TITLE VI COMPLIANCE

Title VI of the 1964 Civil Rights Act provides that no person in the United States shall, on the grounds of race, color, or national origin (including Limited English Proficiency), be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving federal financial assistance. The Federal-Aid Highway Transportation Act of 1973 added sex to the list of prohibitive factors. Related statutes have broadened the grounds to include age, low income, and disability. The Civil Rights Restoration Act of 1987 broadened the scope of the Title VI coverage by expanding the definition of terms “programs or activities” to include all programs or activities of Federal Aid recipients, sub-recipients, and contractors, whether such programs and activities are federally funded or not. In other words, the Title VI requirements apply on an entity-wide basis and are not limited to a specific type of project or a project that receives federal funding.

C. SCOPE OF WORK

A. Scope of Work to be Performed The contractor shall provide a complete installed playground safety surfacing system meeting all applicable ASTM and Consumer Product Safety Commission (CPSC) playground safety standards. Contractor shall furnish all labor, materials, equipment, and services necessary, at various locations in Baxley, Georgia under the Appling County Parks and Recreation Department.

B. Removal of Existing Material

• Remove existing playground surfacing where required.

• Remove debris, unsuitable materials, and vegetation from installation areas.

• Dispose of removed materials off-site in accordance with all local, state, and federal regulations.

C. Sub-Base Preparation

• Grade and prepare the base to ensure proper drainage.

• Install a 4-inch compacted stone sublayer beneath the surfacing system where required.

• Ensure the base layer is properly compacted and graded to shed water efficiently.

• Install or verify containment borders as needed to secure surfacing material.

D. Bonded Rubber Mulch Installation Contractor shall supply and install recycled rubber tire mulch mixed with polyurethane or aromatic binder designed specifically for playground safety surfacing. Surfacing shall:

• Be evenly installed and troweled smooth

• Meet required critical fall height protection

• Be installed according to manufacturer specifications

E. Playground Locations Playground #1 – Ernest J. Parker Park – 85 ft × 37 ft Playground #2 – Max Deen Park – 72 ft × 37 ft Playground #3 – Appling County Recreation Complex – 29 ft × 29 ft and 78 ft × 35 ft (combined playground area) Total Project Area: Approximately 9,380 square feet

F. Grant Documentation Requirement The contractor shall provide all documentation of work performed, including photos, invoices, and completion reports, as required to satisfy the terms of any grant funding associated with this project. Documentation must be submitted in a format acceptable to Appling County prior to final payment.

G. Safety Compliance The installed playground surfacing must meet or exceed:

• ASTM F1292 – Impact attenuation for playground surfaces

• ASTM F1951 – Accessibility for wheelchairs

• CPSC Public Playground Safety Guidelines Contractor may be required to provide documentation verifying compliance with applicable standards.

H. Contractor Requirements Contractor must:

• Be licensed to perform work in the State of Georgia

• Provide proof of general liability insurance

• Be bondable, if required

• Have experience installing bonded rubber mulch or similar playground safety surfacing systems

• Provide references for similar projects upon request provide a minimum warranty on materials and workmanship as provided by the manufacturer and installer for bonded rubber mulch surfacing systems.

I. Personnel and Sub-Contractors

1. Supervisor: Always have a competent and experienced Supervisor available when work is being performed. The Supervisor must speak English proficiently.

a. The Supervisor shall have a functional smart phone with voice messaging, texting, and email capability, on his or her person during duty hours. The Supervisor’s response time to the County shall be less than thirty (30) minutes.

2. Personnel: Provide staff and staffing levels able to perform the work in accordance with this Specification. The personnel staff must be under the sole responsibility of the Contractor.

a. All personnel must have lawful status to work in the United Sates. All personnel must have the Contractor’s business card on their person.

b. The Contractor’s personnel shall be able to always communicate with the Supervisor while performing work.

3. Sub-Contractors: The County expects the awarded contractor to be fully able to complete the Work as detailed in this Contract. The County may, at its discretion, consider the use of subcontractors to accomplish the Work.

a. If the County approves the use of a subcontractor, the contractor will be held wholly responsible for the actions, quality, and timeliness of all work performed by the subcontractor. The County will communicate with the Contractor Supervisor regarding all work.

b. All request to hire a subcontractor must be approved in writing. A minimum of ten (10) working days is needed to evaluate a request. The written request from the contractor shall include the following:

A justification for the need to hire a subcontractor;

i. The name, address, and phone number of the proposed subcontracting company.

ii. The number of employees proposed.

iii. The locations of work and revised work schedule

iv. The revised work crew roster list.

c. Required documentation: If a sub-contractor is utilized, Prime Contractor shall obtain and provide to the County the notarized Georgia Security and Immigration Compliance Act Affidavit within five (5) business days of County approval. These forms must be received from the Sub-contractor annually.

J. Safety And Incident Reporting

1. Notify the County immediately by phone of any incident or accident that involves the Contractor while fulfilling this contract.

a. Submit a written report to the County within forty-eight (48) working hours after the incident or accident. Describe in full what occurred. Provide the names of those involved with their contact phone numbers, and extent of injury and damage.

b. Employees shall carry business cards that have the name, address, and phone number of the Contractor upon request of individuals involved in incident or accident.

K. Non-Compliance/Default/Non-Refundable Deductions

1. Non-Compliance: The County determines that the Contractor has failed to comply with work required under the terms of Contract.

a. The Contractor may be deemed in Contract Non-Compliance and subject to Contract termination.

b. All Items of Non-Compliance may result in non-refundable deductions against the Contractor.

2. Default: The County has the authority to terminate the Contract when the Contractor is in Non-Compliance three (3) or more times during the term of Contract.

3. Non-Refundable Deductions: Begin as described below and continue daily until the task has executed to the satisfaction of the Road Superintendent. Any Non-Refundable Deductions assessed will be deducted from the Contractor’s invoice for payment.

a. The County may suspend work if non-compliance occurs with items listed below, until actions are corrected.

b. Performance deficiencies will be reported to the Contractor, within seventy- two (72) hours of Non-Compliance identification(s) and Non-Refundable Deductions assessed. A written copy of the notice will be mailed to the Contractor.

c. Reply to the County’s Non-Compliance facsimile within forty-eight (48) hours of receipt. The Contractor must dispute and Non-Refundable Deductions in writing withing forty-eight hours of receipt of notification of assessment.

d. The following are applicable non-refundable deductions:

L. Payment

1. By the 21st day of each month, submit to the Appling County Board of Commissioners Administrative Office, a detailed invoice that reflects the completion of the work performed.

C. BID FORM

APPLING COUNTY BOARD OF COMMISSIONERS

CONTRACT ID: 2026EPD01

ITEM

DESCRIPTION

APPROX.

QUANTITY

AND UNITS

UNIT PRICE

BID AMOUNT

1.

2.

3.

4.

5.

TOTAL:

All work shall be completed by September 30, 2026. If any or all work performed is not in compliance with specifications, or not completed by the above stated time limit, then Appling County will make an access of liquidated damages and enforce a fee upon the contractor of no less than $500.00 per day, which will be subtracted from the total bid cost until the work meets or exceeds current specifications and/or projects are completed; unless Contractor submits in writing to the Commissioners the nature of the delay as well as new completion date, at no further or additional cost to the County. Approval of new completion date must be presented for further review by the Appling County Board of Commissioners.

CONTRACTOR AFFIDAVIT UNDER O.C.G.A. § 13-1-91(b)(1)

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

Federal Work Authorization User Identification Number Date of Authorization

Name of Public Employer

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

Executed on _____________________, 20_____ in _________________________(city), ________________(state).

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF___________________, 20_____.

Notary Public My Commission Expires:

SUBCONTRACTOR AFFIDAVIT UNDER O.C.G.A. § 13-10-91(b)(3) By executing this affidavit, the undersigned subcontractor 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 under a contract with ________________________________________ on behalf of _____________________________________ 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 subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number Date of Authorization

Name of Public Employer

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

Executed on _____________________, 20_____ in _________________________(city), ________________(state).

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF___________________, 20_____.

Notary Public My Commission Expires:

Appling County Board of Commissioners Page 12 of 18 image1.jpeg