INVITATION TO BID

(CONTRACTED SERVICES)

(ITB)

ITB-0008-25

FAIRINGTON PARK EXERCISE EQUIPMENT

SUPPLY AND INSTALLATION SERVICES

SOLICITATION ISSUE DATE: Friday, June 27, 2025

BID’S DUE DATE and OPENING DATE:

Monday, August 11, 2025 by 3:00 P.M.

BIDNET WILL NOT ACCEPT LATE SUBMITTALS

“Electronic” Submittals Must be uploaded to “Bidnet” https://Bidnetdirect.com/georgia/cityofstonecrest

(Paper, Faxed, E-mail, Mail Submittals Will Not Be Accepted)

ISSUED BY:

City of Stonecrest

Procurement Department 3120 Stonecrest Boulevard

Stonecrest, Ga. 30038 https://bidnetdirect.com/georgia/cityofstonecrest

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Fairington Park Exercise Equipment and Playground Resurfacing Project

TABLE OF CONTENT

TITLE PAGE NO.

GENERAL INFORMATION 2

PROCUREMENT SCHEDULED AND EVENTS 4

SCOPE OF WORK 5

GENERAL TERMS AND CONDITIONS 17

ADDITIONAL ATTACHMENTS AND REQUIRED FORMS:

ATTACHMENT “A” – BIDDER’S REQUIRED FORMS:

1. BID CHECKLIST

2. BIDDER’S CERTIFICATION

3. STATEMENT OF QUALIFICATIONS

4. AUTHORIZED SIGNATORIES

5. PURCHASING POLICY ADDENDUM

6. CONFLICT OF INTEREST DISCLOSURE

7. AFFIDAVIT VERIFICATION STATUS FOR CITY

PUBLIC BENEFIT APPLICATION

8. DRUG-FREE WORKPLACE

9. GEORGIA SECURITY AND IMMIGRATION COMPLIANCE

ACT AFFIDAVIT “E-VERIFY”

10. SUBCONTRACTOR AFFIDAVIT UNDER O.C.G.A. § 13-10-91(B)(3)

11. INDEMNIFICATION CLAUSE

12. NON-COLLUSION STATEMENT

13. VENDOR CERTIFICATION REGARDING SCRUTINIZED

COMPANIES LIST

14. BID BOND

15. PERFORMANCE AND PAYMENT BOND

16. SCHEDULE I AND SCHEDULE II

17. REFERENCES

Attachment B – Bid Cost Proposal Form (Bid Sheet) Attachment C – Aerial Images and Location Figures Attachment D – Existing Equipment at Salem Park Attachment E – City of Stonecrest Branding and Color Guide for Equipment Attachment F – Request for Approved Equals Attachment G – Sample Contract Attachment H – Purchasing Policy

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Fairington Park Exercise Equipment Supply and Installation Services

GENERAL INFORMATION

The following information and instructions are given for the purpose of guiding Bidder’s in properly preparing their bids responses and are standard for Invitations to Bid (ITB) Solicitations as issued by the City of Stonecrest Procurement Department. These directions and instructions have equal force and weight with the scope of services, specifications and strict compliance which is required with all of these provisions. The City may delete, modify supersede any of these standard instructions for a particular contract to Contractor or in the line item. It is the Bidder’s sole responsibility to become familiar with the scope of services and requirements herein prior to submitting a bid.

This project is funded by Special Purpose Local Optional Tax (SPLOST) Funds, providing funding for infrastructure projects such as street paving, sidewalks, parks improvements, intersection improvement and sidewalk improvements.

For information concerning procedures, clarification, and technical assistance pertaining to this solicitation, contact the Procurement Specialist / Buyer identified in the solicitation.

City of Stonecrest Procurement Department

ATTN: Tanisha Boynton, Procurement Official 3120 Stonecrest Blvd., Suite 190

Stonecrest, Ga. 30038 Phone: (772)-224-0200

Email: Tboynton@stonecresga.gov

All questions and requests for clarification concerning this solicitation and procurement process MUST be submitted in writing via Bidnet under “Message – Opportunity Q&A” at: (https://Bidnetdirect.com/georgia/cityofstonecrest). Please follow the instructions provided on Bidnet. The deadline to submit non-administrative questions is Friday, July 18, 2025 by 5:00 P.M. Answers to questions received will be responded to via an Addendum posted on Bidnet. Questions received after the date referenced above will not be accepted.

• No bid response will be accepted from, nor will any contract be awarded to, any person who is in arrears to the City, upon any debt or contract, or who has defaulted, as surety or otherwise, upon any obligation to the City such as delinquent in payment of property or other taxes with Stonecrest, delinquent in payment of a loan(s) with the City, has had property acquired through foreclosure or a judgment within the past ten (10) years, has outstanding judgements or debts owed to the City, has been convicted of a felony that affects property or neighborhood or neighborhood stability, health, safety or welfare or who is deemed irresponsible or unreliable by the City Council.

• No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a bid response will be considered evidence that the Bidder has familiarized themselves with the nature and extent of the work, equipment, materials, and labor required.

• ADDITIONAL TERMS AND CONDITIONS: No additional terms and conditions included by the Bidder with the

Bid response shall be evaluated or considered. Any and all such additional terms and conditions shall have no force and effect and are inapplicable to this Bid if submitted either purposely through intent or design, or inadvertently appearing separately in transmittal letters, specifications, literature, price lists or warranties. It is understood and agreed that the general conditions in this Invitation to Bid are the only conditions applicable to this Bid and the Bidder’s authorized signature on Attachment “B” - Bid Cost Proposal (Bid Sheet) attests to this.

• AUTHORIZED SIGNATORIES: All associated forms must be signed by one duly authorized to do so. The individual submitting shall be authorized to sign (electronically accept) this solicitation response on the behalf of the Contractor as indicated in the Certificate as to Corporate Principal, designation letter by Director/Corporate Officer, or other business authorization to bind on the behalf of the Contractor. No bid response will be accepted, for any reason whatsoever, which is not submitted to the City as stated above, within the specified time.

• BID ACCEPTANCE: Bidder warrants, by virtue of bidding, that their bid and the prices quoted will be firm for acceptance by the City for a period of One Hundred and Twenty (120) days from the date of bid opening unless otherwise

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stated in the solicitation. The City shall award contract within this time period or shall request to the recommended awarded Contractor an extension to hold pricing, until products/services have been awarded.

• MATERIAL MODIFICATIONS / ALTERATIONS: Material modification and/or alterations to the verbiage or documents herein made by the Bidder is expressly prohibited and is not enforceable. Modifications and/or alterations may render the Bidder’s submission void and bar the Contractor from consideration in connection with this solicitation.

• REQUEST FOR APPROVED EQUALS OR EQUIVALENT: The products specified herein does not necessary constitute the exhaustive list of products required to complete this project. Therefore, the Contractor is responsible for providing any other parts and materials needed to deliver a complete and fully operational system. All items, functioning capabilities and requirements listed within the scope of work are the MINIMUM REQUIREMENT acceptable to the City.

The Contractor may use Approved Equal or Equivalent equipment and parts as applicable to stay in compliance with current industry standards. The Contractor shall provide the City technical specification, data sheets for any equipment, parts, and accessories that meets or exceeds the minimum requirement listed in herein. Bidders shall complete Attachment “F” - Request for Approved Equal Form and submit request prior to bids due date. Approval of such request is at the control and approval of the City.

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PROCUREMENT SCHEDULE AND EVENTS

1. PRE-BID MEETING:

There will NOT be a Pre-Bid Meeting.

It will be the sole responsibility of the Bidder to become familiar with the scope of work and City requirements prior to submitting a bid. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a bid will be considered evidence that the bidder has familiarized himself with the nature and extent of the work, equipment, materials, and labor required.

2. TRANSACTION FEES:

The City of Stonecrest uses Bidnet (https://Bidnetdirect.com/georgia/cityofstonecrest) to distribute solicitations.

There is no charge to Contractors to register and participate in the solicitation process, nor will any fees be charged to the awarded Contractor.

3. ELECTRONIC BID SUBMISSION DEADLINE:

Electronic Bid Responses shall be submitted via Bidnet (https://Bidnetdirect.com/georgia/cityofstonecrest) in response to this solicitation, prior to the designated bids due date and time indicated in the solicitation, Monday, August 11, 2025 by 3:00PM. PAPER BID SUBMITTALS WILL NOT BE ACCEPTED.

BID BOND: REQUIRED FOR THIS SOLICITATION

FAILURE TO SUBMIT A BID BOND WILL RESULT IN A NON-RESPONSIVE AND NON-RESPONSIBLE

DETERMINATION. BIDDER’S MUST SUBMIT A COPY OF THE BID BOND WITH BID SUBMITTAL.

BID BOND MUST BE MAILED OR HAND DELIVERED TO: FAILURE TO SUBMIT A BID BOND WILL

PRIOR TO 12:00 PM, MONDAY, AUGUST 11, 2025 WILL RESULT IN A NON-RESPONSIVE AND NON-

RESPONSIBLE DETERMINATION.

City of Stonecrest Procurement Department ATTN: Tanisha Boynton, Procurement Official 3120 Stonecrest Blvd., Suite 190 Stonecrest, Ga. 30038

PERFORMANCE AND PAYMENT BOND: IS REQUIRED FOR THIS SOLICITATION. FAILURE TO

SUBMIT PROOF OF BONDABILITY WILL RESULT IN A NON-RESPONSIBE AND NON-RESPONSIBLE

DETERMINATION.

4. ELECTRONIC BID OPENING:

All Invitations to Bid solicited by the City of Stonecrest will be opened electronically via Bidnet (https://Bidnetdirect.com/georgia/cityofstonecrest) at the date and time indicated in the solicitation. This meeting will be conducted virtually via “Microsoft Teams Meeting” Platform and in-person at City Hall, 3120 Stonecrest Blvd., Suite 190, Stonecrest, Ga. 30038, Lithonia Conference Room. Bidders may attend this meeting in real time on a computer, laptop, cell phone or any other device with Wi-Fi access.

Get the app now and be ready when your first meeting starts https://www.microsoft.com/en-us/microsoft-teams/downloadapp.

Microsoft Teams meeting

Join on your computer, mobile app or room device Meeting ID: 239 260 788 943 8

Passcode: 5Pm76EF9

Information on bid results and solicitations currently out to bid can be obtained on the City website:

https://www.stonecrestga.gov/199/Procurement https://bidnetdirect.com/georgia/cityofstonecrest https://bidnetdirect.com/georgia/cityofstonecrest https://bidnetdirect.com/georgia/cityofstonecrest https://www.microsoft.com/en-us/microsoft-teams/downloadapp https://www.microsoft.com/en-us/microsoft-teams/downloadapp https://www.stonecrestga.gov/199/Procurement

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SCOPE OF WORK

1. PURPOSE:

The City of Stonecrest is seeking qualified and experienced bidders to respond to a fixed (one-time) project to supply and install new outdoor exercise equipment at Fairing Park. Work shall be performed in accordance with the terms, conditions, and specifications contained in this Invitation to Bid (ITB).

The Contractor shall furnish all labor, materials, equipment, personnel, tools, supervision, transportation, machinery and other incidentals necessary to perform the work requested herein and typical of these types of projects.

Prices offered on the Attachment “B” - Bid Cost Proposal Form (Bid Sheet) are all inclusive and shall constitute complete compensation.

2. BACKGROUND:

Fairington Park is a 14-acre neighborhood park located south of Fairington Parkway and east of Phillip Bradley Drive.

Fairington Park is a local neighborhood park which serves a residential neighborhood containing single family residences, townhomes, and apartment complexes.

The park contains a walking track used as a regular source of exercise. The City desires to install outdoor exercise equipment around the perimeter of the existing walking track to facilitate easy access for pedestrians walking around the track.

3. CONTRACT ADMINISTRATOR/DESIGNEE/PROJECT MANAGER:

The designated Contract Administrator for this project is Hari Karikaran, P.E., City Engineer, he can be reached at hkarikaran@stonecrestga.gov or (770) 224-0200. The Contractor will work with the Contract Administrator / Designee to complete this project.

Designee: Patrick Walker, Pwalker@stonecrestga.gov or (770) 224-0220.

4. GOVERNING REGULATIONS:

The Contractor shall provide services in compliance with all state, federal, City, and County regulations and guidelines.

The constructed and installed playground system elements and equipment must meet and/or exceed all current, playground standards and requirements of:

1. Federal Consumer Public Safety Commission (CPSC);

2. American Society for Testing Materials (ASTM);

3. International Play Equipment Manufacturers Association (IPEMA);

4. The Americans with Disabilities Act (ADA); and

5. Georgia Building Code provisions governing playground accessibility.

6. The most recent editions of the following but not limited to; OSHA Regulations for Construction – Title 29, Part 1926, Construction Safety and Health Regulations, Code of Federal Regulations, OSHA Standards – Title 29, Part 1910, Occupational Safety and Health Standards, Code of Regulations.

5. EQUIPMENT AND INSTALLATION STANDARDS:

Equipment and its installation shall meet National Playground standards as referenced in the American Society for Testing and Materials (ASTM) standards and guidelines governing playground surfacing, fencing/barriers, and playground equipment for public use; Standard Consumer Safety Performance Specification for Playground Equipment for Public Safety, U.S. Consumer Product Safety Commission’s Public Playground Safety Handbook (http://www.cpsc.gov/cpscpub/pubs/325.pdf). Evidence of compliance shall be submitted and stamped on equipment as required. All equipment and surfacing shall be IPEMA certified by the manufacturer. (Note; the specific reference to ASTM was deleted because other sections as F1292, 2049, 1951, and 2223 all relate to something about playgrounds).

• ASTM F1487‐17 (excludes sections 7.1.1, 10, 13.1.1., 13.1.2, 13.2 and 13.3) - Standard consumer safety performance specification for commercial playground equipment.

• CAN/CSA-Z614-14 (excludes clauses 10 and 11) - Children’s play spaces and equipment mailto:hkarikaran@stonecrestga.gov mailto:Pwalker@stonecrestga.gov http://www.cpsc.gov/cpscpub/pubs/325.pdf

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• ASTM F1292-17a - Standard specification for impact attenuation of surfaces under and around play equipment

• ASTM F2075-15 - Standard specification for engineered wood fiber for use as a safety surface under and around playground equipment.

Note: Following installation, a full and thorough audit of all newly installed play equipment will be performed by an independent Certified Playground Safety Inspector (CPSI) hired by the City. The Contractor will be required to address and resolve any identified deficiencies within five (5) days of notification of the deficiencies by the City’s technical representative or contract administrator.

4. PROJECT SITE AND CONDITIONS (See Attachment “C” – Aerial Images and Figures):

Fairington Park is located at 2831 Fairington Parkway, Stonecrest GA 30038 in the central part of the City of Stonecrest (City). This park is open to the public and accessible during the day. Interference with daily use at the park for other amenities is expected to be minor, and access to the park for installation can be granted at nights and weekends if needed, by special request.

Link to Google Streetview map of pedestrian entrance to Fairington Park off Phillip Bradley Drive:

https://maps.app.goo.gl/qmDbEqJxHZBFkkmRA

5. WORK TO BE PERFORMED:

This project involves the supply and installation of outdoor exercise equipment within the playground area. (See Attachment “C” – Aerial Images and Figures). This is a turnkey project.

5.1 Purchase and Installation of New Outdoor Exercise Equipment:

The Contractor shall purchase and install new outdoor exercise equipment requested herein. Playground equipment shall be durable and designed for outdoor use. Equipment selected shall incorporate the latest playground design philosophy and technology addressing the physical and creative need of children. The equipment and area around the equipment shall be accessible to all children and meet all current ADA requirements, with ADA inclusive features possible within the funding amount.

5.1.1 Location: (See Attachment “C” – Aerial Images and Figures, Figures 1 - 6)

All equipment should be located inside the concrete walkway and opposite side of the park benches, where benches are present. Exercise equipment shall be installed along the walking path loop adjacent to the edge of the path. City staff shall confirm final locations in the field prior to the start of construction.

5.1.2 Material:

All materials used should be highly vandal free, fire resistant, durable, and suitable for outdoor use and extreme weather and be void of sharp edges or contain the risk of pinching.

5.1.3 The equipment must be appropriate for all ages and skill levels with a variety of uses to include opportunities to increase strength, flexibility, and cardiovascular activity.

5.1.4 Exercise equipment shall be painted black and red to match City of Stonecrest colors as shown in logo (See Section 5.5 Poured-In-Place Rubber Floor (EPDM).

5.1.5 The Contractor playground equipment offered shall be consistent with or “Equal To” the existing manufacturer equipment installed at Salem Park.

Note: The Contractor may provide an Approve Equal by completing Attachment “F” – Request for Approved Equal Form and technical specifications for the equipment being offered. See Attachment “D” – Existing Equipment at Salem Park Figures 7 – 12.

https://maps.app.goo.gl/qmDbEqJxHZBFkkmRA

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5.1.6 Minimum Requirements for new outdoor equipment or Approved Equal To:

Playground Equipment (Manufacturer):

• Double Station Sky Walker outdoor Exercise Equipment: Model PFT005 or Approved Equal To

• Single Station Fit Rider with resistance outdoor Exercise Equipment: Model PFT006WR or

Approved Equal To

• Single Station Exercise Bike without resistance Outdoor Exercise Equipment: Model PFT061 or

Approved Equal To

• Single Station Rower Outdoor Exercise Equipment Model PFT002 or Approved Equal To

• Double Station Chest Press Exercise Equipment Model PFT012 or Approved Equal To

5.1.6 The equipment shall be mounted on a hard surface, preferably concrete or asphalt and covered with poured in place rubber. Hard surface shall be sized by the vendor based on the requirements of the equipment manufacturer.

5.1.7 The Contractor shall provide signage containing instructions on use for all equipment installed.

5.2 Poured-In-Place Rubber Floor (EPDM):

The ground surface shall be graded and compacting to prepare the surface to install poured-in-place surface is part of the scope.

5.2.1 The poured-in-place rubber floor material at base of each piece of equipment shall be 50% black and

50% red, consistent with City of Stonecrest logo colors, see below. See Attachment “E” – City of Stonecrest Branding and Color Guide for Equipment.

5.2.2 The styrene-butadiene rubber (SBR) layer shall be installed over concrete base and the system topped with

Ethylene Propylene Diene Monomer (EPDM) rubber. Alternative systems under EPDM rubber base will be considered if compliance with ASTM F1951-99 and ASTM F1292-99 can be demonstrated. Complete and submit Attachment “F” – Request for Approved Equal Form.

5.2.3 A drainage system to remove any water that penetrates the poured-in-place system must be provided.

5.2.4 The EPDM layer will consist of 50 black/50% red material consistent with City of Stonecrest logo colors and shall be thoroughly mixed prior to placement.

5.2.5 After EPDM layer is fully cured, a blower is to be used to remove any loose material, and the diluted binder rolled from the surface for extra protection.

6. CONTRACTOR RESPONSIBILITIES:

The Contractor shall ensure the playground equipment provided meets or exceeds all current Federal Consumer Public Safety Commission (CPSC), American Society for Testing Materials (ASTM), International Play Equipment Manufacturers Association (IPEMA) playground standards, any guidelines and requirements of the ADA and the Florida Building Code. Please Note: The Contractor will be responsible for $100.00 of the materials/equipment in route to the site and at the site until the playground is turned over to the City.

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6.1 Included in the project is the acquisition of all tools, equipment, materials, and other supplies including but not limited to; fuel, power, water and communication devices required to complete the project. The work also includes the performance of all labor, work, and other operations required to complete this project.

6.2 The Contractor will work with the technical consultant and Contract Administrator/Designee to ensure locations and existing infrastructures (Mounting and Installation Sites) are suitable for equipment placement and installation.

6.3 The Contractor shall assess the conditions at each site, notify the technical consultant and Contract

Administrator / Designee in writing of discrepancies, conflicts, or omissions promptly upon discovery, make necessary recommendations to resolve identified issues, and ensure the equipment fit the spaces identified available unless existing conditions make it impossible to install.

6.4 The Contractor shall protect and maintain all surfacing and improvements during the entire project. Protection of surfacing and improvements may include but is not limited to preventative measures to reduce non-permitted use of the playground prior to its formal opening.

6.5 The Contractor shall be responsible for any and all damage resulting from the improper use, damage, or vandalism prior to the City’s acceptance of the project.

6.6 The Contractor must use effective project management practices while working on this project consisting of but not limited to; clear communication with the City and other parties involved in this project, management of time and resources, and documentation of all services and communication.

6.7 The Contractor shall maintain all certifications, licenses, bonds, and certificate of insurance for the duration of this project until receipt of final acceptance.

6.8 The contractor shall be responsible for the protection of all personnel against hazards and/or injuries due to their operations at the work site.

6.9 The Contractor shall correct any and all damage caused by their operations to the City’s satisfaction at no additional cost to the City.

6.10 The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and provide reasonable protection to prevent damage to properties surrounding the work site, injury or loss to employees, materials, and equipment in connection with the performance of the work herein.

6.11 The Maintenance of Traffic (MOT) (if needed): The Contractor shall closely follow the directions provided throughout this document and shall be in conformance with the applicable sections of the GDOT Section 150

– Traffic Control.

6.12 The Contractor shall supervise and direct the work, using the Contractor’s best skill and attention. The Contractor shall work with the Contract Administrator / Designee / Project Manager to oversee the development of the project means, methods, techniques, sequences, procedures, and coordination of all portions of the work under this agreement.

6.13 The Contractor shall enforce strict disciple and good order amongst its employees and other persons carrying out work under this contract. The Contractor shall be responsible to the City of acts and omissions of its employees, subcontractors, and other agents performing portions of the work for or on the behalf of the Contractor or any of its subcontractors.

6.14 The Contractor shall be responsible for protecting all existing utilities, irrigation, drainage structures, pipes and signs within the limits of this project site shall remain in place and be in working condition during and after the completion of this project.

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6.15 The Contractor shall assess the conditions at this site, notify the designated Project Manager in writing of any discrepancies, conflicts, or omissions promptly upon discovery, and make necessary recommendations to resolve identified issues

6.16 Reporting Dangerous Conditions / Situations: The Contractor shall notify the Contract Administrator / Designee of any and all encounters with unsafe and dangerous conditions and/or unusual situations occurring at the work sites while working on this project.

6.17 The Contractor shall submit the following upon completion of the project:

1. Product list including product name, product number, contact information and method of application for all materials used on the project.

2. Warranty letter.

3. Submittal documents including manufacturer’s instructions, field reports and testing certificates.

4. Maintenance schedule and recommendations.

7. PROJECT MEETINGS:

The City shall require meetings throughout this project which require participation of the City designee, Contractor, all sub-contractors, all sub-consultants, representatives of governmental agencies with jurisdiction in this project area (if applicable), and any others as requested by the City and/or Contractor. The time and place of the meeting will be arranged by the City designee.

7.1 Pre-Construction Meeting:

After award of the contract, receipt of the Notice to Proceed (NTP) and prior to commencement of any work, a pre-construction conference will be held between the Contractor, City representative, and others affected by this work. The project schedule and dates for completion will be established during this meeting.

7.2 At the pre-construction conference, the Contractor shall identify his designated project manager, foreman, site supervisor and any additional personnel representing the Contractor and their respective roles and responsibilities for the work. The designated project manager shall represent the Contractor, and communications given to the project manager shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed in written request in each case.

1. At the pre-construction conference, the Contractor shall furnish in writing to the City’s designee the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the work.

2. The City will promptly reply to the Contractor in writing stating whether or not, after due investigation, has reasonable objection to any such proposed person or entity.

3. The Contractor shall not contract with a proposed person or entity to whom the City has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection.

4. Timely progress reports identifying project status, percent completion and scheduled time of completion and submitted to the City Designee.

8. ISSUANCE OF NOTICE TO PROCEED AND PURCHASE ORDER (PO):

The Contractor shall not commence any work until receipt of a Notice to Proceed (NTP) from the Contract Administrator / Designee and receipt of a Purchase Order (PO). Upon receipt of the NTP and PO, the Contractor shall commence work upon the direction of the Contract Administrator / Project Manager.

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9. PROJECT DURATION:

The Contractor shall complete all services no less than Ninety (90) days from receipt of Purchase Order and Notice to Proceed (NTP).

Time is of the essence for the Contractor’s performance of the work. The Contractor is expected to complete this project as expeditiously as possible. The work to be performed under this contract shall commence upon issuance of a Purchase Order (PO) and in conjunction with a Notice to Proceed (NTP). No Contract Time extensions will be allowed for holidays or vacations. At a minimum, the selected DBF must adhere to the following schedule as set by the City:

9.1 The Contractor recognizes that TIME IS OF THE ESSENCE. The Work shall commence within 10 calendar days of the date of the Notice to Proceed.

9.2 The Work shall be Substantially Completed within 60 calendar days, after the date when the Contract Time commences to run as provided in the Notice to Proceed.

9.3 The Work shall be finally completed on the Final Completion Date and ready for final payment in accordance with this Agreement within 90 calendar days, after the date when the Contract Time commences to run as provided in the Notice to Proceed.

9.4 Preliminary Project Schedule:

Within Ten 10 days after notice of award and as a condition precedent to executing the Contract, prior to commencement of any work, the Contractor shall submit their preliminary project schedule to the City for review and approval. The schedule shall be written in sufficient detail to show the chronical relationship of all major aspects of the project, procurement of materials, scheduling of equipment, construction and installation phases with a level of detail.

10. WORK SCHEDULE:

Regular work Hours: 7:00 am to 7:00 pm, Monday through Friday and 8:00am to 5:00pm on Saturday. The City will consider extended workdays or workweeks upon written request by the Contractor on a case-by-case basis. No work will be allowed on national holidays (i.e. Memorial Day, July 4th, Labor Day, etc.).

11. LIQUIDATED DAMAGES:

Upon failure of the Contractor to complete the Work within the time specified for completion, the Contractor shall pay to the City the sum of Two Hundred and Fifty Dollars ($250.00) for each and every calendar day that the completion of the Work is delayed beyond the time specified in this Agreement for completion, as fixed and agreed liquidated damages and not as a penalty, so long as the delay is caused by the Contractor.

12. WEATHER:

The Time of Completion for this project has been calculated assuming that the weather conditions will be average to moderate. If in the opinion of the City’s Contract Administrator / Designee / Project Manager that the weather escalates to a point where the work delays on the project more than the Contractor could have reasonably anticipated or controlled, the Contract Administrator / Designee will make arrangements for extending the time of completion for each individual work order package, once the request has been made for such extensions by the Contractor.

12.1 If adverse weather conditions are the basis of a Claim(s) for additional time, such Claim(s) shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the project scheduled activities.

12.2 The Contractor will be required to promptly notify the City’s Contract Administrator / Designee / Project

Manager in writing of any such delays to the work, explaining its efforts to mitigate the effects of such delays. Any such notification received by the Contract Administrator / Designee / Project Manager, more than five business days after the delay has occurred will not be considered. No extension of time shall be granted for delay(s) resulting from typical weather conditions prevailing in the applicable area(s) as defined by the average of the last ten (10) years of weather data recorded with the City and the applicable jurisdiction(s).

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13. DELIVERY, STORAGE, AND HANDLING:

The Contractor shall coordinate delivery and arrange storage of materials (if needed). Storage space may be limited.

Components sensitive to damage in a harsh environment shall be stored off-site and delivered as needed. The Contractor shall provide all necessary protective covering needed to prevent damage to surround work areas. The Contractor shall be responsible for on-site security of tools, equipment and materials.

14. RESPONSE TIME:

The Contractor shall respond to request for services within twenty-four (24) hours of notification by the City.

15. PERSON OF CONTACT:

The Contractor shall provide contact information for Primary and Secondary staff within the company who will be responsible for providing a response to City request for support services during the term of this agreement. Contact information shall include: Name of Contact(s), E-mail address. Website Information, Phone Number, and Fax Number.

16. RESTORATION OF PROPERTY:

Property - whether public or private - if damaged during construction or removed for the convenience of the work; ALL such property shall be repaired and/or replaced by the Contractor at his/her own expense in a manner acceptable to the City’s Contract Administrator, prior to final acceptance of the work. Restoration of certain items (such as benches, shelters, traffic signs, street signs, fences, sod, etc.) shall be performed promptly for reasons of public safety, health, and welfare.

17. STORAGE SITES:

The Contractor shall furnish, at his/her own expense, suitably secure area(s) for storing any equipment and materials to be left on-site (where approved). Location of such area(s) shall be approved by the appropriate governing jurisdiction and/or property owner. The Contractor shall maintain these areas in a clean and orderly manner causing a minimum to NO nuisance to the surrounding areas/community.

18. CONTRACTOR AND SUBCONTRACTOR UNIFORM/BADGING:

The Contractor employees assigned to this contract must wear a professional uniform with the company name permanently affixed to the uniform. Uniforms shall comply with all safety provisions from the Georgia Department of transportation, OSHA, and the City.

19. CONTRACTOR AND SUBCONTRACTOR VEHICLES:

The Contractor’s company vehicles shall be distinctly labeled with the company name; and shall only be parked in designated spaces provided by the City.

20. DAMAGE REIMBURSEMENT:

The Contractor shall be solely responsible for, and shall reimburse the City, any and all costs and/or expense of any kind or nature relating to the correction of any damage to any City property resulting from the installation, maintenance, replacement of mounted equipment and infrastructure.

21. WARRANTY:

The Contractor shall furnish all pertinent warranty information including manufacturers’ warranties, effective dates, as they become available, for all new equipment. All materials, parts, components, equipment and labor work performed shall be fully warranted and guaranteed for a minimum of One (1) year from date of completion of services and acceptance by Parks & Rec’s Department. Parts and equipment shall be replaced during the warranty period and have a warranty matching that of the original part from date of replacement. Repair or replacement defects occurring in labor or product(s) within the warranty period shall be performed and provided at no additional cost to the City.

22. CLEAN UP:

All usable materials and debris shall be removed from the premises at the end of each workday and disposed of in an appropriate manner. Upon final completion, the Contractor shall thoroughly clean up all areas where work has been involved as mutually agreed with the associated location Contract Administrator / Designee.

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23. WORK ACCEPTANCE:

23.1 Services to be performed under this agreement will be inspected by an authorized representative of the Park’s and

Rec’s Department. This inspection shall be performed to determine acceptance of work, appropriate invoicing and warranty conditions.

23.2 The City shall provide written notice of acceptance or rejection within five (5) business days of completion of final inspection.

24. REPORTING REQUIREMENTS:

At the close of each phase of this project, the Contractor should provide the City representative with a progress report.

The progress report will be determined upon mutual agreement of the Contract Administrator / Designee and the Contractor.

The progress report shall include the following but is not limited to:

24.1 The playground equipment model information, serial numbers (as applicable), and additional information as required by the Contract Administrator / Designee.

24.2 A list of all employee(s) and subcontractor(s) including their job title(s)/description(s), hourly salary rate and total hours worked to complete each installation.

24.3 A list of any major equipment used to complete this project.

25. INVOICING AND PAYMENT:

The Contractor shall submit a detailed “itemized” invoice list of equipment, labor, parts, and appurtenances used under this agreement. All one-time and reoccurring charges shall be identified on the invoice. Installation services fees shall be submitted and paid as a one-time charge to the City.

Invoices shall be submitted as follows:

1. Initial: Upon Completion of 50% of the project.

2. Final: Upon Completion and City’s Acceptance of Work.

Note: Payment Retainage is applicable to this agreement at a rate of 5% and will be withheld until it has been determined that the Contractor has complied with DBRA requirements.

Remainder of Page Intentionally Left Blank

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GENERAL TERMS AND CONDITIONS

The following instructions are given for the purpose of guiding Bidder’s in properly preparing their bids responses. These directions have equal force and weight with the specifications and strict compliance is required with all of these provisions.

1. ADDENDUMS AND INTERPRETATIONS: No interpretation of the meaning of the plans, specifications, scope of work or other contract documents will be made orally to any Bidder. Prospective Bidders must request such interpretation in writing as instructed in the bid package. To be considered, such request must be received by the Questions and Answers deadline as indicated on Page ITB-2 of this solicitation package and on Bidnet (https://Bidnetdirect.com/georgia/cityofstonecrest). Questions received after this time will not be answered.

• Material changes, if any, to the scope of services or bidding procedures will only be transmitted by written addendum on Bidnet (https://Bidnetdirect.com/georgia/cityofstonecrest).

• Failure of any Bidder to receive any such addenda or interpretation shall not relieve any Bidder from any obligation under his bid as submitted. All addenda so issued shall become a part of the contract document.

• Bidder shall verify in Bidnet (https://Bidnetdirect.com/georgia/cityofstonecrest) that their bid response includes “all” addenda(s) before submitting a bid. Receipt of all addenda shall be acknowledged by the Bidder(s) on the Statement of Qualification Certification Form “Addendum Acknowledgement Section” and submitted with bid response.

2. ASSIGNMENT, SUBCONTRACT: Contractor shall not transfer, convey, pledge, subcontract or assign the performance required by this solicitation without the prior written consent of the Procurement Official. Any award issued pursuant to this solicitation and the monies which may become due hereunder are not assignable, transferrable, or otherwise disposable except with the prior written consent of the Procurement Official.

3. AWARD: This Bid shall be awarded to the Bidder providing the lowest responsive and responsible bid and meets and/or exceeds the pre-qualification requirements. Award may be in whole, or by line Item, or by group, whichever is determined to be in the best interest of City. Award will be made to the responsive and responsible Bidder, quoting the lowest price, for that product/service that will best serve the needs of the City.

The City also reserves the right to accept or reject any or all bids, part of bids, to waive minor irregularities or variations to specifications contained in bids, minor irregularities in the bidding process, to negotiate terms with the successful Bidder and the right to disregard all non-conforming, non-responsive, unbalanced or conditional Bids. The City also reserves the right to award the contract on a split order basis; lump sum basis; individual item basis; or such combination as shall best serve the interest of the City. Awarded Bidder and all subcontractors/suppliers shall register as a Contractor with the City prior to notice to proceed and maintain active status in the City’s Vendor Registration System.

4. BID BOND: REQUIRED FOR THIS SOLICITATION

FAILURE TO SUBMIT A BID BOND WILL RESULT IN A NON-RESPONSIVE AND NON-RESPONSIBLE

DETERMINATION.

Each submittal shall be accompanied by a bid guaranty in an amount equal to five (5)% percent of the total bid amount, payable to The City of Stonecrest. A certified check, cashier's check or bank officer's check, for the sum set forth in the advertisement, made payable to the City, or bid bond in such amount, shall accompany each bid response as evidence of the good faith and responsibility of the Bidder. The check or bond shall be retained by the City as liquidated damages should the Bidder refuse to or fail to enter into a contract for the execution of the work embraced in this bid, in the event the bid submittal of the Bidder is accepted. Retention of such amount shall not be construed as a penalty or forfeiture.

The above bond or check shall be a guarantee that the Bidder will, if necessary, promptly execute a satisfactory contract and furnish good and sufficient bonds. As soon as a satisfactory contract has been executed and the bonds furnished and accepted, the check or bond accompanying the bid of the successful Bidder will be returned to him. The certified or other checks or bid bonds of the unsuccessful Bidders will be returned to them upon the acceptance of the bid of the successful Bidder. If the successful Bidder shall not enter into, execute, and deliver such a contract and furnish the required bonds within ten (10) days after receiving notice to do so, the certified or other check or bid bond shall immediately become the property of the City as liquidated damages. Retention of such amount shall not be construed as a penalty or forfeiture.

https://bidnetdirect.com/georgia/cityofstonecrest

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5. BIDDER’S COSTS: The City shall not be liable for any costs incurred by Bidder’s in responding to this ITB. All expenses involved with the preparation and submission of bid, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense) of the Bidder, and shall not be reimbursed by the City.

6. BIDDER PERFORMANCE REVIEWS AND RATINGS: The City Contract Administrator may develop a Bidder’s performance evaluation report. This report shall be used to periodically review and rate the Bidder’s performance under the contract with performance rating as follows:

• Excellent - Far exceeds requirements.

• Good - Exceeds requirements

• Fair - Just meets requirements.

• Poor - Does not meet all requirements and Proposer is subject to penalty provisions under the contact.

• Non-Compliance - Continued poor performance after notice or a performance level that does not meet a significant portion of the requirements.

This rating makes the Bidder subject to the default or cancellation for cause provisions of the contract. The report shall also list all discrepancies found during the review period. The Bidder shall be provided with a copy of the report and may respond in writing if he takes exception to the report or wishes to comment on the report.

Bidders’ performance reviews and subsequent reports will be used in determining the suitability of contract extension.

7. CODE REQUIREMENTS: The Contractor and his or her subcontractors on this project must be familiar with all applicable Federal, State, City, and Local Laws, Regulations or Codes and be governed accordingly as they will apply to this project and the actions or operations of those engaged in the work or concerning materials used. The contractor shall ask for and receive any required inspections.

8. CONDITIONS AND PACKAGING: Unless otherwise stated in the solicitation, or specifically ordered from an accepted price list, deliveries must consist only of new and unused goods and shall be the model of the current standards production available at the time of the solicitation response. The goods must be suitably packaged for shipment by a common carrier. Each container or multiple units or items otherwise packaged shall bear a label, imprint, stencil or other legible markings stating name of manufacturer or supplier, purchase order number and any other markings required by specifications, or other acceptable means of identifying Contractor and purchase order number.

9. CONE OF SILENCE: In accordance with the State of Georgia Purchasing Act, the City prohibits any communication, except written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between any person’s representative seeking award from such competitive solicitation; and any City Council person or legislative staff, or any City employee authorized to act on behalf of the City Council to award a contract under this Bid.

The Cone of Silence shall be in effect as of the date the solicitation has been released and advertised, bids or other response to this competitive solicitation and shall remain in effect and subject to the terms of this section for any person or person’s representative.

The provisions of this division shall not apply to oral communications at any public proceeding, including pre-bid conference, oral presentations before selection committees, and contract negotiations during any public meetings, presentations made to the City Council and protest hearings. Further, the Cone of Silence shall not apply to contract negotiations between any employee and the intended awardees, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, City Council, or selection committee member, unless specifically prohibited by the applicable competitive solicitation process.

The cone of silence shall terminate at the time the City Council, awards or approves a contract, rejects all bids or responses or otherwise take action which ends the solicitation process.

Any Contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable.

CITB-0002-25 ITB-15

10. CONFLICT OF INTEREST: All Bidders MUST disclose with their Bid the name of any officer, director, agent, or any relative of an officer, director or agent who is also an employee of the City. Further, all Bidders must disclose the name of any employee who owns, directly or indirectly, an interest of five percent (5%) or more in the Bidders firm or any of its subsidiaries.

11. CONFIDENTIAL, PROPRIETARY OR TRADE SECRET: "If a supplier considers any portion of the documents, data, or records submitted in response to this solicitation to be exempt from disclosure under Georgia law, the supplier must clearly redact in a separate redacted copy each such submission or portions of the submission considered to be excluded from disclosure and specify the statutory exemption justifying such exclusion, i.e., code section Official Code of Georgia Annotated (OCGA) § 50-18-72(20)(A) 'Records that reveal ...'

"Wholesale designation of a response or substantial parts of a response as 'confidential' will not be accepted by the City.

If only portions of a page are subject to some disclosure, the supplier should not redact the entire page. Please note: Even though information, financial or other, submitted by a supplier may be marked as 'confidential or 'proprietary,' the City will make its own determination regarding which information may or may not be withheld, redacted, from disclosure."

12. CONTINGENCY FEES: By submission of this solicitation response, Bidder certifies that no contingency fees

(sometimes known as a finder’s fee) have been paid to any person or organization other than a bona-fide employee working solely for the Bidder to secure a contract made pursuant to this solicitation. Violation of this policy may result in termination of any resultant contract and/or possible debarment of the Bidder.

13. CONTRACT ADMINISTRATOR: The City may designate a Contract Administrator whose principal duties shall be:

• Liaison with Proposer.

• Coordinate and approve all work under the contract.

• Resolve any disputes.

• Assure consistency and quality of Proposer’s performance.

• Schedule and conduct Proposer performance evaluations and document findings.

• Review and approve for payment all invoices for work performed or items delivered.

14. CONTRACT PERIOD: This is a fixed one-time contract. There are no Renewal options for this solicitation or contract upon award. The Procurement Department shall issue a fixed one-time contract incorporating this Construction Invitation to Bid and the Bid documents submitted by the bidder awarded the contract. Time extensions may be granted due to unforeseen circumstances that necessitate an extension to complete the project(s).

15. DEBARRED OR SUSPENDED BIDDERS: The Bidder certifies, by submission of a response to this solicitation, that neither it nor its principals and subcontractors are presently debarred or suspended by any state, local or federal department or agency.

In accordance with Georgia State Financing and Investment Commission (GSFIC), as amended, “A contractor that has been declared in default or a contractor that is owned or controlled by the same person(s), firm(s), or corporations(s) or is a parent, subsidiary, branch, or affiliate of a contractor that has been declared in default, shall not be eligible for award of an additional contract until the default has been cured. Contracts provide that a Contractor that fails to meet the Final Completion Date is ineligible for award of contract under certain circumstances.