Invitation to Bid

Chatham County Purchasing

C ontracting D ep artrnent lLlT Eisenhower Drive, Suite C, Savannah, Georgia 31406 (erz) 790-1618

INVITATION TO BID

BrD NO. 23-0108-s

PROVIDE AND INSTALL PLAYGROUND EOUIPMENT AT

AMBUC PARK (funded in whole or in nart bv the American Rescue

Plan Act)

PRE.BID CONFERENCE: 2:00 P.M.. AUGUST 3. 2023

(oN srrE)

BIDS RECEIVED BY: 2:00P.M. AUGUST 24.2023

CHATHAM COUNTY, GEORGIA

OFFICE OF THE PURCHASING DIRECTOR

11I7 EISENHOWER DRIVE, SUITE C

SAVANNAH, GEORGIA 31406

(e12) 7e0-r6te

Date: Julv 19,2023 BrD NO.23-0108-5

GENERAL INFORMATION FOR INVITATION FOR BID

This is an invitation to submit a bid to supply Chatham County with construction, equipment, supplies and/or services as indicated herein. Sealed bids will be received online as instructed on the Chatham County Bonfire portal at https://chathamcountyga.bonfirehub.com/portal. Please notifu the Procurement contact if you are unable to submit your bid on-line. The County reserves the right to reject all bids that are non-responsive or not responsible.

This project is funded in part or in whole by the American Rescue Plan Act (ARPA).

Instructions for preparation and submission of a bid are contained in this Invitation For Bid package. Please note that specific forms for submission of a bid are required.

A Pre-bid Conference has been scheduled for 2:00 P.M., Aueust 3,2023. The meeting will be at AMBUC Park: 7230 Sallie T)rive. Savannah. GA 31406. This will be to discuss the specifications and resolve any questions and/or misunderstanding that may arise. You are encouraged to attend.

Any changes to the conditions and specifications must be in the form of a written addendum to be valid; therefore, the Purchasing Director will issue a written addendum to document each approved change. Generally when addenda are required, the bid opening date will be changed.

Chatham County has an equal opportunity purchasing policy. Chatham County seeks to ensure that all segments of the business community have access to supplying the goods and services needed by County programs. The County affirmatively works to encourage utilization of disadvantaged and minority business enterprises in our procurement activities. The County provides equal opportunity for all businesses and does not discriminate against any persons or businesses regardless of race, color, religion, age, sex, national origin or handicap. The terms

"disadvantaged business," "minority business enterprise," and "minority petson" are more specifically defined and explained in the Chatham County Purchasing Ordinance.

This project IS NOT a Special Purpose Local Option Sales Tax (SPLOST) Project. See paragraph 2.20 for MBE/WBE participation goals.

SECTION I

INSTRUCTIONS TO BIDDERS

1.1 Purpose: The purpose of this document is to provide general and specific information for use in submitting a bid to supply Chatham County with equipment, supplies, andlor services as described herein. All bids are governed by the Code of Chatham County, Chapter 4, Article IV, and the laws of the State of Georgia.

1.2 How to Prepare Bids: All bids shall be:

a. Prepared on the required documents on the solicitation. All documents must be submitted.

Bidders are encouraged to review carefully all bid documents for this solicitation prior to submission. Each bid constitutes an offer and may not be withdrawn except as provided herein.

1.3 How to Submit Bids: All bids shall be

a. Submitted on-line on the County's procurement portal at:

https : //chathamcounty ga. bonfi rehub. com/portal

If a bidder is unable to submit their bid on-line, they should notif'the procurement contact for the solicitation at least one week prior to the closing date of the bid solicitations to receive instructions. The County is seeking to conduct all of our bids on-line. The phone number for Purchasing and Contractingis912-790-1618.

BIDS NOT BY THE TIME AND DATE WII,L NOT BE

OPENED OR CONSIDERED.

1.4 How to Submit an Objection: Objections from bidders to this invitation to bid andlor these specifications should be brought to the attention of the County Purchasing Director in the following manner:

When a pre-bid conference is scheduled, bidders shall either present their oral objections at that time or submit their written objections at least two (2) days prior to the scheduled pre-bid conference.

When a pre-bid conference is not scheduled, the bidder shall submit any objections he may have in writing not less than five (5) days prior to the opening of the bid.

The objections contemplated may pertain to form andlor substance of the invitation to bid documents. Failure to object in accordance with the above procedure will constitute a waiver on the part of the business to protest this invitation to bid.

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Errors in Bids: Bidders or their authorized representatives are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting bids.

Failure to do so will be at the bidder's own risk. In case of error in extension of prices in the bid, the unit price will govem.

Standards for Acceptance of Bid for Contract Award: The County reserves the right to reject any or all bids and to waive any irregularities or technicalities in bids received whenever such rejection or waiver is in the best interest of the County. The County reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time contracts of a similar nature, or a bid from a bidder whom investigation shows is not in a position to perform the contract.

t.7 Bid Tabulation: Tabulations for all bids will be posted for thirty (30) days after the bid opening in the Office of Purchasing and Contracting, lllT Eisenhower Drive, Suite C, Savannah, Georgia 31406 or can be reviewed on the Purchasing web site 24148 hours after opening at https ://chathamcountvga.bonfi rehub.com/portal.

1.8 Bidder: Whenever the term "bidder" is used it shall encompass the "person," "business,"

"contractor," "supplier," "vendor," or other party submitting a bid or proposal to Chatham

County in such capacity before a contract has been entered into between such party and the

County.

I.g Responsible / Responsive Bidderz Responsible Bidder means a person or entity that has the capability in all respects to perform fully and reliably the contract requirements.

Responsive Bidder means a person or entity that has submitted a bid or proposal that conforms in all material respects to the requirements set forth in the invitation for bids or request for proposals.

1.10 Compliance with Laws: The bidder andlor contractor shall obtain and maintain all licenses, permits, liability insurance, workman's compensation insurance and comply with any and all other standards or regulations required by federal, state or County stature, ordinances and rules during the performance of any contract between the contractor and the County. Any such requirement specifically set forth in any contract document between the contractor and the County shall be supplementary to this section and not in substitution thereof.

1.1 1 Contractor: Contractor or subcontractor means any person or business having a contract with Chatham County. The Contractor/Vendor of goods, material, equipment or services certifies that they will follow equal employment opportunity practices in connection with the awarded contract as more fully specified in the contract documents.

l.l2 Not Used.

1.13 Debarred Firms and Pending Litigation: Any potential proposer/firm listed on the

Federal or State of Georgia Excluded Parties Listing (Baned from doing business) will not be considered for contract award. Proposers shall disclose any record of pending criminal violations (Indictment) and/or convictions, pending lawsuits, etc., and any actions that may be a conflict of interest occurring within the past five (5) years. Any proposer/firm previously defaulting or terminating a contract with the County will not be considered.

All bidders or proposers are to read and complete attachments A THROUGH I, which are posted online in the required documents field. Failure to do so may result in your solicitation response being rejected as non-responsive.

Bidder acknowledges that in performing contract work for the Board, bidder shall not utilize any firms that have been a party to any of the above actions. If bidder has engaged any firm to work on this contract or project that is later debarred, Bidder shall sever its relationship with that firm with respect to the Board contract.

l.I4 Performance Evaluation: On 11 April 2008, the Chatham County Board of Commissioners approved a change to the County Purchasing Ordinance requiring

Contractor/Consultant Performance Evaluations, at a minimum, annually, prior to contract anniversary date.

Should Contractor/Consultant performance be unsatisfactory, the appointed County

Project Manager for the contract may prepare a Contractor/Consultant Complaint Form or a Performance Evaluation to the County Purchasing Director.

1.15 Payment of Taxes: No contract shall be awarded unless all real and personal property taxes have been paid by the successful contractor andlor subcontractors as adopted by the

Board of Commissioners on 8 April 1994.

1.16 State Licensing Board for General Contractors: Pursuant to Georgia law, the following types of contractors must obtain a license from the State Licensing Board of Residential and General Contractors by 1 July 2008:

*Residential - Basic Contractor (Contractor work relative to detached one-family and two-family residences and one-family townhouses not over three stories in height).

*Residential - Light Commercial Contractor (Contractor work or activity related to multifamily and multiuse light commercial buildings and structures).

*General Contractor (Contractor work or activity that is unlimited in scope regarding any residential or commercial projects).

The reouired cuments section of the solicitation will list anv ses reouired for the proiect.

1I7 Immigration: On 1 July 2008, the Georgia Security and Immigration Compliance Act (SB

529, Section2)became effective. Contractors and subcontractors entering into a contract or performing work must sign an affidavit that he/she has used the E-Verifu System. E-

Verif is a no-cost federal nlovment veri svstem to rnsure lnvment eligibility. Affidavits are included in Attachment A-H in of the solicitation. You may download M-274 the required documents section Handbook for Employers at http:www.dol.state.ga.us/spotlight/employment/rules. You may go to http://www.uscis.sov. to find the E-Verifu information.

Systematic Alien Verification for Entitlements (SAVB) Program: O.C.G.A. 50-36-1, required Georgia counties to comply with the federal Systematic Alien Verification for Entitlements (SAVE) Program. SAVE is a federal program used to verify that applicants for certain "public benefits are legally present in the United States. Contracts with the

County are considered "public benefits. Therefore, the successful bidder will be required to provide the Affidavit VeriS'ing Status for Chatham County Benefit Application prior to r..iiuing any County contract. Affrdavits are included in Attachment A-H in the required documents section of the on-line solicitation'

Protection of Resident Workers: Chatham County Board of Commissioners actively supports the Immigration and Nationality Act (NA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must veriff the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract

Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment.

I .18 Surcharge: Unless otherwise stated in this bid, all prices quoted by the contractor/vendor must be F.O.B. Chatham County, Savannah, GA. with all delivery handling, surcharges, and other charges included in the bid price. Failure to do so may cause rejection of the bid.

The County will not pay additional surcharges.

SECTION II

GENERAL TERMS, CONDITIONS AND EXCEPTIONS

2.t Specifications: Any obvious error or omission in specifications shall not inure to the benefit of the bidder but shall put the bidder on notice to inquire of or identi$' the same from the County. Whenever herein mentioned is made of any article, material or workmanship to be in accordance with laws, ordinances, building codes, underwriter's codes, ASTM regulations or similar expressions, the requirements of these laws, ordinances, etc., shall be construed to be the minimum requirements of these specifications.

Multiple Bids: No vendor will be allowed to submit more than one (1) bid. Any alternate proposals must be brought to the Purchasing Director's attention during the Pre-bid

Conference or submitted in writing at least five (5) days preceding the bid opening date.

2.2

2.3

2.5

2.4

Prices to be Firm: Bidder warrants that bid prices, terms and conditions quoted in his bid will be firm for acceptance for a period of sixtv (60) days from bid opening date, unless otherwise stated in the bid.

Completeness: All information required by Invitation for Bids/Proposals must be completed and submitted to constitute a proper bid or proposal.

Quality: All materials, or supplies used for the construction necessary to comply with this proposal shall be of the best quality, and of the highest standard of workmanship.

Workmanship employed in any construction, repair, or installation required by this proposal shall be of the highest quality and meet recognized standards within the respective trades, crafts and of the skills employed.

Guarantee: Unless otherwise specified by the County, the bidder shall unconditionally guarantee the materials and workmanship on all material andlor services. If, within the guarantee period, any defects occur which are due to faulty material and or services, the contractor at his expense, shall repair or adjust the condition, or replace the material and/or services to the complete satisfaction of the County. These repairs, replacements or adjustments shall be made only at such time as will be designated by the County as being least detrimental to the operation of County business.

2.6

2.7 Liability Provisions: Where bidders are required to enter or go onto Chatham County property to take measurements or gather other information in order to prepare the bid or proposal as requested by the County, the bidder shall be liable for any injury, damage or loss occasioned by negligence of the bidder, his agent, or any person the bidder has designated to prepare the bid and shall indemnifu and hold harmless Chatham County from any liability arising therefrom. The contract document specifies the liability provisions required of the successful bidder in order to be awarded a contract with Chatham County.

2.8 Cancellation of Contract: The contract may be canceled or suspended by Chatham

County in whole or in part by written notice of default to the Contractor upon non-performance or violation of contract terms. An award may be made to the next low bidder, for articles andlor services specified or they may be purchased on the open market and the defaulting Contractor (or his surety) shall be liable to Chatham County for costs to the

County in excess of the defaulted contract prices. See the contract documents for complete requirements.

2.9 Patent Indemnity: Except as otherwise provided, the successful bidder agrees to indemnifr Chatham County and its officers, agents and employees against liability, including costs and expenses for infringement upon any letters patent of the United States arising out of the performance of this Contract or out of the use or disposal for the account of the County of supplies furnished or construction work performed hereunder.

2.10 Certification of Independent Price Determination: By submission of this bid, the bidder certifies, and in the case of ajoint bid each party thereto certifies as to its own organization, that in connection with this procurement:

(1) The prices in this bid have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor;

(2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly to any other bidder or to any competitor; and

(3) No attempt has been made or will be made by the bidder to induce any other person or firm to submit or not submit a bid for the purpose or restricting competition.

2.ll Award of Contract: The contract, if awarded, will be awarded to that responsible bidder whose bid/proposal will be most advantageous to Chatham County, price and other factors considered. The Board of Commissioners will make the determination as to which bid or proposal that serves as the best value to Chatham County.

2.12 Procurement Protests: Objections and protests to any portion of the procurement process or actions of the County staff may be filed with the Purchasing Director for review and resolution. The Chatham County Purchasing Ordinance - Part 9 Vendor Disputes shall govern the review and resolution of all protests.

2.13 Qualification of Business (Responsible Bidder or Proposer): A responsible bidder or proposer is defined as one who meets, or by the date of the bid acceptance can meet, certifications, all requirements for licensing, insurance, and registrations, or other documentation required by the Design Professional engaged to develop Scope of Work, specifications and plans. These documents will be listed in the Special Conditions fuither on in this solicitation. Chatham County has the right to require any or all bidders to submit documentation of the ability to perform, provide, or carry out the service or provide the product requested.

Chatham County has the right to disqualiff the bid or proposal of any bidder or proposer as being unresponsive or uffesponsible whenever such bidder/proposer cannot document the ability to deliver the requested product.

2.14 Chatham County Tax Certificate Requirement: A current Chatham County Tax

Certificate is required unless otherwise specified. Please contact the Building Safety and

Regulatory Services at (912) 201-4300 for additional information.

NOTE: No contract shall be awarded unless all real and personal property taxes have been paid by the successful contractor and/or subcontractors as adopted by the Board of Commissioners on 8 April 1994.

2.15 Insurance Provisions, General: The selected contractor shall be required to procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Bid.

It is every contractor's responsibilitv to provide the County Purchasing and Contracting Division current and uo-to-date Certificates Tnsurance for multinle vear contracts before the end of each term. Failure to do so may be cause for termination of contract.

2.I5.1 General Information that shall appear on a Certificate of Insurance:

Name of the Producer (Contractor's insurance Broker/Agent).

Companies affording coverage (there may be several).

Name and Address of the Insured (this should be the Company or Parent of the firm

Chatham County is contracting with).

A Summary of all current insurance for the insured (includes effective dates of coverage).

A brief description of the operations to be performed, the specific job to be performed, or contract number.

Certificate Holder (This is to always include Chatham County).

Chatham County as an Additional Insured: Chatham County invokes the defense of sovereign immunity. In order not to jeopardize the use of this defense, the County is not to be included as an Additional Insured on insurance contracts.

2.15.2 Minimum Limits of Insurance to be maintained for the duration of the contract:

Commercial General Liability: Provides protection against bodily injury and property damage claims arising from operations of a Contractor or Tenant. This policy coverage includes: premises and operations, use of independent contractors, products/completed operations, personal injury, contractual, broad form property damage, and underground, explosion and collapse hazards. Minimum limits: $1,000,000 bodily injury and property damage per occunence and annual aggregate.

Workers' Compensation and Employeros Liability: Provides statutory protection against bodily injury, sickness or disease sustained by employees of the Contractor while performing within the scope of their duties.

Employer's Liability coverage is usually included in Workers' Compensation policies, and insures common law claims of injured employees made in lieu of or in addition to a Workers' Compensation claim.

Minimum limits: $500,000 for each accident., disease policy limit, disease each employee and Statutory Workers' Compensation limit.

Business Automobile Liability: Coverage insures against liability claims arising out of the Contractor's use of automobiles. Minimum limit:

$1,000,000 combined single limit per accident for bodily injury and property damage. Coverage should be written on an Any Auto basis.

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2.15.3 Special Requirements:

Claims-Made Coverage: The limits of liability shall remain the same as the occurrence basis, however, the Retroactive date shall be prior to the coincident with the date of any contract, and the Certificate of Insurance shall state the coverage is claims-made. The Retroactive date shall also be specifically stated on the Certificate of Insurance.

Extended Reporting Periods: The Contractor shall provide the County with a notice of the election to initiate any Supplemental Extended Reporting Period and the reason(s) for invoking this option.

Reporting Provisions: Any failure to comply with reporting provisions of the policies shall not affect coverage provided in relation to this request.

Cancellation: Each insurance policy that applies to this request shall be endorsed to state that it shall not be suspended, voided, or canceled, except after thirty (30) days prior to written notice by certified mail, return receipt requested, has been given to the County.

Proof of Insurance: Chatham County shall be furnished with certificates of insurance and with original endorsements affecting coverage required by this request. The certificates and endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf. All certificates of insurance are to be submitted prior to, and approved by, the County before services are rendered. The Contractor must ensure Certificate of Insurance is updated for the entire term of the Contract.

Insurer Acceptability: Insurance is to be placed with an insurer having an

A.M. Best's rating of A and a five (5) year average financial rating of not less than V. If an insurer does not qualiS' for averaging on a five year basis, the current total Best's rating will be used to evaluate insurer acceptability.

Lapse in Coverage: A lapse in coverage shall constitute grounds for contract termination by the Chatham County Board of Commissioners.

Deductibles and Self-Insured Retention: Any deductibles or self-insured retention must be declared to, and approved by, the County. At the option of the County, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as related to the County, its officials, officers, employees, and volunteers; or the Contractor shall procure a bond guaranteeing payment of related suits, losses, claims, and related investigation, claim administration and defense expenses.

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2.I5.4 Additional Coverage for Specific Procurement Projects:

a. Professional Liability: Insure elrors or omission on behalf of architects, engineers, attomeys, medical professionals, and consultants.

Minimum Limits: $1 million per claim/occuffence If claims-made, retroactive date must precede or coincide with the contract effective date or the date of the Notice to Proceed. The professional must state if tail coverage has been purchased and the duration of the coverage.

Coverage Requirement:

Builder's Risk: (For Construction or Installation Contracts) Covers against insured perils while in the course of construction.

Minimum Limits: All-Risk coverage equal 100% of contract value

Coverage Reouirements: Occupancy Clause - permits County to use the facility prior to issuance of Notice of Substantial Completion.

2)6 Compliance with Specification - Terms and Conditions: The Invitation to Bid, Legal Advertisement, General Conditions and Instructions to Bidders, Specifications, Special

Conditions, Vendor's Bid, Addendum, and/or any other pertinent documents form a part of the bidders proposal or bid and by reference are made apaft hereof.

2.17 Bid Submission Considered Offer: Bids submitted on-line shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon approval by the

Chatham County Board of Commissioners, Purchasing Director or his designee. In case of a default on the part of the bidder after such acceptance, Chatham County may take such action as it deems appropriate, including legal action for damages or lack of required performance.

2.18 Notice'to Proceed: The successful bidder or proposer shall not commence work under this Invitation to Bid until a written contract is awarded and a Notice to Proceed is issued by the Purchasing Director or his designee. Ifthe successful bidder does commence any work or deliver items prior to receiving offrcial notification, he does so at his own risk.

2.19 Payment to Contractors: Instructions for invoicing the County for products delivered to the County are specified in the contract document.

Questions regarding payment may be directed to the Finance Department at

(912) 652-7900 or the County's Project Manager as specified in the contract documents.

Contractors will be paid the agreed upon compensation upon satisfactory delivery of the products or completion of the work as more fully described in the contract document.

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c. Upon completion of the work or delivery of the products, the Contractor will provide the County with an affidavit certifring all suppliers, persons or businesses employed by the Contractor for the work performed for the County have been paid in full.

Chatham County is a tax exempt entity. Every contractor, vendor, business or person under contract with Chatham County is required by Georgia law to pay State sales or use taxes for products purchased in Georgia or transported into Georgia and sold to Chatham County by contract. Please consult the State of Georgia, Department of Revenue, Sales and Use Tax Unit in Atlanta (404) 656-4065 for additional information.

2.20 The Chatham County Board of Commissioners has adopted an aggressive program that establishes goals for minority/woman, small and disadvantaged business participation in construction, professional services, and general procurement.

The Chatham County Board of Commissioners under Georgia law may reject any bid as non-responsive if they feel a bidder did not exercise a Good Faith Effort in obtaining the goal established for MBE/WBE participation.

The Chatham County Board of Commissioners adopted a policy establishing goals oriented to increase participation of minority and woman owned businesses, through MBE/WBE certification and development. In order to accurately document participation, businesses submitting bids, quotes or proposals are encouraged to report ownership status via their online vendor registration. A bidder or vendor that is certified by any agency of the Federal Government or State of Georgia may submit a copy of their certification with their registration as proof of qualifications. The County's MBE/WBE Office will review and verifu MBE/WBE status.

Goals established for this project are l?"h MBE/ 5% WBE unless otherwise specified.

A Minority/Woman Business Enterprise (MBE/WBE) is a business concern that is at least 51olo owned by one or more minority/woman individuals and whose daily business operations are managed and directed by one (1) or more of the minority/woman owners.

2,21 Bidders or proposers are required to make a Good Faith Effort, where subcontracting is to be utilized in performing the contract, to subcontract with or purchase supplies from qualified MBE/WBE's. Bidders or proposers are required to state if they intend to subcontract any part of the work. Forms for this pu{pose are included as Attachment A- I in the required documents section which must be submitted online with your bid response. If forms are not completed and submitted, the bid may be considered nonresponsive.

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Each bidder or proposer is required to maintain records of such efforts in detail adequate to permit a determination of compliance with these requirements. All contracts will reflect Good Faith Efforts and reporting requirements for the term of the contract.

For information on the program or MBE/WBE contractors/vendors please contact Connell C. Heyward, Chatham County Minority and Women Business Coordinator, lllT Eisenhower Drive, Suite 101, Savannah, Georgia 31406,(912) 652-7 828 phone, (912) 652- 7951fax.

2.22 GEORGIA OPEN RECORDS ACT - The responses will become part of the County's official files without any obligation on the County's part. Ownership of all data, materials and documentation prepared for and submitted to Chatham County in response to a solicitation, regardless of type, shall belong exclusively to Chatham County and will be considered a record prepared and maintained or received in the course of operations of a public offrce or agency and subject to public inspection in accordance with the Georgia Open Records Act, Official Code of Georgia Annotated, Section 50-18-70, et. Seq., unless otherwise provided by law.

Responses to RFP's shall be held confidential from all parties other than the County until after the contract is awarded by the Board of Commissioners.

The vendor and their bid price in response to the ITB will be read aloud at a public bid opening. The bid tabulation will be posted with the solicitation within 48 hours.

Chatham County shall not be held accountable if material from responses is obtained without the written consent of the vendor by parties other than the County, at any time during the solicitation evaluation process.

2.23 GEORGIA TRADE SECRET ACT of 1990 - In the event a Bidder/Proposer submits trade secret information to the County, the information must be clearly labeled as a Trade Secret. The County will maintain the confidentiality of such trade secrets to the extent provided by law.

2.24 CONTRACTOR RECORDS -The Georgia Open Records Act is applicable to the records of all contractors and subcontractors under contract with the County. This applies to those specific contracts currently in effect and those which have been completed or closed for up to three (3) years following completion. Again, this is contract specific to the County contracts only.

2.25 EXCEPTIONS-AII proceedings, records, contracts and other public records relating to procurement transactions shall be open to the inspection of any citizen, or any interested person, firm or corporation, in accordance with the Georgia Open Records Act except as provided below:

Cost estimates relating to a proposed procurement transaction prepared by or for a public body shall not be open to public inspection.

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b. Any competitive sealed bidding bidder, upon request, shall be afforded the opportunity to inspect bid records within a reasonable time after the opening of all bids but prior to award, except in the event that the County decides not to accept any of the bids and to rebid the contract. Otherwise, bid records shall be open to public inspection only after award of the contract. Any competitive negotiation offer or, upon request, shall be afforded the opportunity to inspect proposal records within a reasonable time after the evaluation and negotiations of proposals are completed but prior to award except in the event that the County decides not to accept any of the proposals and to reopen the contract. Otherwise, proposal records shall be open to the public inspection only after award of the contract except as provided in paragraph "c" below. Any inspection of procurement transaction records under this section shall be subject to reasonable restrictions to ensure the security and integrity of the records.

Trade secrets or proprietary information submitted by a bidder, offer or contractor in connection with a procurement transaction shall not be subject to public disclosure under the Georgia Open Records Act; however, the bidder, offer or contractor must invoke the protections of this section prior to or upon submission of the data or other materials, and must identify the data or other materials to be protected and state the reasons why protection is necessary.

Nothing contained in this section shall be construed to require the County, when procuring by "competitive negotiation" (Request for Proposal), to fumish a statement of the reasons why a particular proposal was not deemed to be the most advantageous to the County.

SECTION III

ADDITIONAL CONDITIONS

3.1 METHOD OF MPENSATION. The compensation provided for herein shall include all claims by the CONTRACTOR for all costs incurred by the CONTRACTOR in the conduct of the Project as authorized by the approved Project Compensation Schedule and this amount shall be paid to the CONTRACTOR after receipt of the invoice and approval of the amount by the COUNTY. The COUNTY shall make payments to the CONTRACTOR within thirty (30) days from the date of receipt of the CONTRACTOR's acceptable statement on forms prepared by the CONTRACTOR and approved by the

COLINTY.

3.2 AUDITS AND INSPECTIONS:

At any time during normal business hours and as often as the County may deem necessary, the Contractor and his subcontractors shall make available to the County andlor representatives of the Chatham County Department of Internal Audit for examination all of its records with respect to all matters covered by this Contract. It shall also permit the

County andlor representatives of the Department of Internal Audit to audit, inspect, c d examine and make copies, excerpts or transcripts from such records of personnel, conditions of employment and other data relating to all matters covered by this Contract.

All documents to be audited shall be available for inspection at all reasonable times in the main offices of the County or at the offices of the Contractor as requested by the County.

3.3 WARRANTYREQUIREMENTS:

Provisions of item 2.7 apply.

Warranty required.

Standard wananty shall be offered with bid.

Extended warranty shall be offered with bid. The cost of the extended warranty will be listed separately on the bid sheet.

See specifications sheet for warranty information.

3.4 TERMS OF CONTRACT: (check where applicable):

a. Annual Contract (With renewal options for four (4) additional one (l) year terms if all parties agree)

b. One-time Purchase X c. Other * One Time Contract

CONVERSATIONS OR CORRESPONDENCE REGARDING THIS SOLICITATION OR

REPORT BETWEEN PROSPECTIVE OFFERORS AND PERSONS OUTSIDE THE

CHATHAM COUNTY PURCHASING OFFICE WILL NOT BE CONSIDERED

OFFICIAL OR BINDING UNLESS OTHERWISE SPECIFICALLY AUTHORIZED

WITHIN THIS DOCUMENT.

In submitting their bid, the bidder certifies that he/she has carefully read all related bid documents and agrees to comply with all provisions.

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SECTION IV

INVITATION TO BID

SPECIFICATIONS FOR: BID NO.23-0108-5

PROVIDE AND INSTALL PLAYGROUND EQUIPMENT AT AMBUC PARK (funded in whole or in part by the American Rescue Plan Act)

4.1 BACKGROUND: P laygrounds are an essential element to Chatham County's quality of life and an importance has been placed on replacing our aging inventory of existing playgrounds as well as bring new playgrounds to new areas of the community. Chatham County Parks and Recreation is partnering with the Ambucs organization to bring a fully inclusive playground to Ambuc Park. A universally designed, sensory-rich environment that enable all children to develop physically, socially and emotionally. A well-designed place that addresses all levels of ability. At an inclusive playground, children of all abilities can interact with each other and do what all kids want to do: play. Ambuc Park is located at1230 Sallie Mood Drive. This project is funded in whole or in part by the American Rescue Plan Act.

4.2 SCOPE OF SERVICES: All bids must be made on the basis of and either meet or exceed the requirements contained herein. The provision, construction and installation of the playground components shall be based on and meet the following:

4.2.1 Contractors shall meet manufacturer's specifications and industry standards for installation.

4.2.2 Surfacing shall be synthetic turf meeting the American Society for Testing and Materials (ASTM) requirements for fall height and accessibility from the ADA.

4.2.3 Systems shall meet current ADA accessibility requirements.

4.2.4 Systems shall meet National Playground standards as references in the Amencan Society for Testing and Materials (ASTM) document F1487-95. Standard Consumer Safety Performance Specification for Playground Equipment for Public Safety. Evidence of compliance shall be submitted and stamped on the equipment as required.

4.2.5 System shall meet National playground standards as referenced in the U.S.

Consumer Product Safety Commission's publication No. 325 Handbook for Public Playground Safety. Evidence of compliance shall be submitted and stamped on equipment as required.

All equipmentlmaterials/parts specified in the Material Specifications document located on the Bonfire portal under "supporting documents" will be the basis for the playground equipment for this project and the contractor shall provide

4.2.6 equipment that is equivalent or better

4.2.7 All bidders shall adhere to the layout provided on the Bonfire portal under "supporting documents."

4.2.8 Contractor shall provide a list of equipment and parts with their submission.

4.2.9 Contractor shall supply with their bid a complete description of the length and type of parts the warranty covers on all pieces of equipment.

4.2.10 Contractor shall provide approved site plans.

4.2.11 Initial inspection of equipment shall be made within a week of installation.

4.2.12 Replacement Parts Books and Installation Instructions shall be supplied for all playground components.

4.2.13 The playground system will be multi-colored system. Specific color combinations to be determined.

4.2.14 See below for Davis Bacon wages. Contractor shall provide certified payroll to the Project Manager.

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"Genena1 Decision Numben : GA2O23Q286 0T/A6/2023

Supenseded General Decision Number: GA2022@286

State: Geongia

Construction Type: Heavy

County: Chatham County in Georgia.

HEAVY CONSTRUCTION PROJECTS

Note: Contnacts subject to the Davis-Bacon Act are genenally required to pay at least the applicable minimum wage rate nequined under Executive Orden 14026 or Executive Onden 13658 Pl-ease note that these Executive 0ndens apply to covened contracts entered into by the fedenal govennment that ane subject to the Davis-Bacon Act itself, but do not apply to contnacts subject only to the Davis-Bacon Related Acts, including those set fonth at 29 CFR 5.r(a)(Z)-(64).

If the contract is entered into on on after Januany 30, 2022, or the contnact is renewed on extended (e.g., an option is exencised) on on aften January 3@, 2O22:

Executive Orden L4O26 genenally applies to the contract.

The contnactor must pay aII covened workens at Ieast $16.2A pen hour (or the applicable wage rate listed on this wage detenmination, if it is highen) for all houns spent performing on the contract in 2O23.

If the contnact was awarded on on between Januany t, 2O!5 and Januany 29, 2022, and the contnact is not renewed on extended on or after Januany 3Q, 2022:

Executive Onder 13658 generally applies to the contnact.

The contnactor must pay all covened wonkens at l-east $tZ.tS per hour (or the applicable wage rate listed on this wage determination, if it is higher) fon all hours spent perfonming on that contnact in 2023.

The applicable Executive Onden minimum wage nate will be adjusted annually. If this contnact is covened by one of the Executive Ondens and a classification considered necessany for penfonmance of wonk on the contract does not appear on this wage detenmination, the contracton must still submit a conformance nequest.

Additional infonmation on contnacton requirements and worker protections unden the Executive Ondens is available at http : //www. do1 . govlwhd/govcontnacts .

Modification Numben o

Publication Date ot/06/2023

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CARPENTER (Fonm Wonk 0n1y).

SAM.gov

Rates

...$ 26.3A

F ringes

L7.75 suGA2OtT - OOt A4 / !5 / 2O2t

CARPENTER, Excludes Form Wonk...

CEMENT MASON/CONCRETE FINISHER..

ELECTRICIAN

LABORER: Common or Genenal, LABoRER: Pipelayer

OPERATOR:

Bac khoe/Excavator/Tnac khoe

0PERATOR: Bulldozer

OPERATOR: Cnane

0PERATOR: Loaden

OPERATOR: RoIICN

Rates

.$ zq.zq

.$ 27.4O

.$ 23.67

.$ 77.7e

.$ 16.9s

.$ 22.7e

.$ L6.2e

.$ zs.+s

.$ 22.a3

.$ 11.89

Fninges

4.53

4.25

8.02

1.79 o.oo

1.30 o.oo o.oo

0.oo o.o0**

WELDERS - Receive rate pnescribed fon cnaft penfonming operation to which welding is incidental.

** Wonkens in this classification may be entitled to a higher minimum wage under Executive Orden 74026 ($tO.ZO1 on 13658 ($12.15). Please see the Note at the top of the wage detenmination fon more infonmation.

Note: Executive Onden (E0) L3705, Establishing Paid Sick Leave for Federal Contractors applies to all contnacts subject to the Davis-Bacon Act for which the contnact is awarded (and any solicitation was issued) on or after January t, 20t7. If this contnact is covened by the E0, the contnactor must provide employees with t houn of paid sick leave fon every 30 hours they wonk, up to 56 houns of paid sick feave each yean.

Employees must be penmitted to use paid sick leave fon thein own illness, injury on other health-nelated needs, including preventive canel to assist a family memben (or person who is like family to the employee) who is ill, injuned, or has othen health-related needs, including preventive care; on fon neasons resulting from, on to assist a family memben (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contnacton nequirements and worken pnotections under the EO is available at https : / /www. dol . govlagenc ies/whd/government - contracts .

Unlisted classifications needed for wonk not included within the scope of the classifications listed may be added aften awand only as pnovided in the labor standands contract clauses (2ecFR 5.s (a) (1) (ii)).

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The body of each wage detenmination lists the classification and wage nates that have been found to be pnevailing for the cited type(s) of construction in the anea covened by the wage detenmination. The classifications are listed in alphabetical order of ""identifiens"" that indicate whethen the particulan nate is a union rate (cunnent union negotiated rate fon locaI), a survey rate (weighted average rate) or a union avenage nate (weighted union avenage nate).

Union Rate ldentifiens

A foun l-etter classification abbreviation identifien enclosed in dotted lines beginning with characters othen than ""SU"" or ""UAVG"" denotes that the union classification and nate wene pnevailing for that classification in the survey. Example:

PLUM0198-0OS 07/01/2014. PLUM is an abbneviation identifien of the union which prevailed in the survey fon this classification, which in this example would be Plumbers. 0198 indicates the local union number on district council number where applicable, i.e., Plumbens Local 0198. The next number, OO5 in the example, is an internal numben used in processing the wage determination. 07/@t/2O14 is the effective date of the most current negotiated rate, which in this example is July 1, 2074.

Union prevailing wage rates are updated to reflect aII nate changes in the collective bangaining agreement (CBA) governing this classification and nate.

Survey Rate Identifiers

Classifications listed unden the ""SU"" identifien indicate that no one nate prevailed fon this classification in the survey and the published nate is denived by computing a weighted average nate based on aII the rates reponted in the survey for that classification. As this weighted avenage rate includes all nates neported in the sunvey, it may include both union and non-union rates. Example: SULA2OL2-OO7 5/t3/2O74. SU indicates the nates are survey nates based on a weighted average cafculation of rates and are not majonity nates. LA indicates the State of Louisiana. 2O!2 is the yean of survey on which these classifications and nates ane based. The next nunber, QO7 in the example, is an internal numben used in producing the wage detenmination. 5/t3/2Ot4 indicates the survey completion date for the classifications and rates under that identifien.

Sunvey wage nates are not updated and remain in effect until a new sunvey is conducted.

Union Average Rate Identifiens

Classification(s) listed under the UAVG identifier indicate that no single majonity nate pnevailed for those classifications; howeven, tOQ% of the data reponted for the classifications was union data. EXAMPLE: UAVG-OH'OOta 08/29/2AI4. UAVG indicates that the nate is a weighted union average rate. 0H indicates the state. The next number, QQIQ in the example, is an internal numben used in pnoducing the wage determination. O8/29/201,4 indicates the sunvey completion date for the classifications and nates unden that identifier.

A UAVG rate will be updated once a yean, usually in Januany of https :i/sam. gov/wage-determination/GA20230286/0 3/5

7119123' 4:24 PM sAM'gov each yean, to reflect a weighted avenage of the curnent negotiated/CBA rate of the union loca1s from which the nate is based.

I^]AGE DETERMINATION APPEALS PROCESS

1.) Has thene been an initial decision in the matten? This can be:

* an existing published wage determination x a sunvey undenlying a wage detenmination

* a Wage and Houn Division letten setting fonth a position on a wage determination matter

* a conformance (additional classification and nate) ruling

On sunvey related matters, initial contact, including nequests fon summaries of surveys, should be with the Wage and Houn

National Office because National Office has nesponsibility for the Davis-Bacon survey pnognam. If the response from this initial contact is not satisfactony, then the process described in 2.) and 3.) should be followed.

With negand to any othen matten not yet nipe fon the fonmaf pnocess described here, initial contact should be with the Bnanch of Constnuction Wage Determinations. Write to:

Bnanch of Construction Wage Detenminations Wage and Houn Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 2O2IO

2.) If the answer to the question in 1.) is yes, then an intenested party (those affected by the action) can request neview and neconsideration from the Wage and Houn Administnaton (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Depantment of Labor 200 Constitution Avenue, N.hl Washington, DC 2O2t@

The nequest should be accompanied by a fulI statement of the interested panty's position and by any information (wage payment data, pnoject description, area pnactice matenial, etc.) that the requeston considens nelevant to the issue.

3.) If the decision of the Administnator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.5. Depantment of Labon 2@O Constitution Avenue, N.W.

Washington, DC 2O2tQ

4.) AII decisions by the Administnative Review Board are final.

END OF GENERAL DECISIO''

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