RFP# 2026-REC-XXX

Decatur- Parks and Recreation- Maintenance

Management for Aquatic Facilities

Owner:

City of Decatur

509 North McDonough Street

P. O. Box 220

Decatur, Georgia 30031

Contents

I. NOTICE TO BIDDERS

II. INSTRUCTIONS TO PROPOSERS

1. Examination of Site and Contract Documents Form

2. SUBMITTAL INSTRUCTIONS

3. QUESTIONS/ADDENDA

4. EVALUATION CRITERIA

5. DISQUALIFICATION OF PROPOSERS

6. AGREEMENT, BONDS, INSURANCE

7. FAILURE TO EXECUTE AGREEMENT AND FILE REQUIRED BONDS AND INSURANCE

8. HOW AND WHERE TO SUBMIT PROPOSALS

III. STATEMENT OF WORK

1. PURPOSE OF RFP

2. GENERAL INFORMATION

3. SCOPE OF WORK

A. Outdoor Pre-Season

B. Post-Season Maintenance for all outdoor pools to be completed no later than Sept. 30th of each year, as set forth below:

C. Oakhurst Indoor Pool

D. Contractor Responsibilities:

E. Water Quality Standards

F. Supplies

G. Asset Management and Work Order Notification

H. Failure to Complete Maintenance and Open as Scheduled

I. Terms

J. Silence of Specifications

4. PERFORMANCE EVALUATION

Renewal Eligibility

5. RENEWAL DETERMINATION

IV. CITY OF DECATUR STANDARD GENERAL CONDITIONS

XXI. APPENDIX

EXAMINATION OF SITE AND CONTRACT DOCUMENTS FORM

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER FORM

REFERENCE FORM

COST SUBMISSION FORM

COST PROPOSAL FOR SERVICE

SPECIAL GENERAL CONDITIONS FORM

EQUIPMENT LIST TO BE USED ON PROJECT

CONTRACT AGREEMENT

LIST OF PROPOSED SUB-BIDDERS FORM

Bidder and Sub-bidder Evidence of Compliance Form

Sub-bidder Affidavit and Agreement Form

PRIME BIDDER’S WORK AUTHORIZATION CERTIFICATION FORM

Sub-bidder’s Work Authorization Certification Form

BIDDER AFFIDAVIT VERIFYING APPLICANT STATUS FOR CITY OF DECATUR PUBLIC BENEFIT FORM

SUB-BIDDER AFFIDAVIT VERIFYING APPLICANT STATUS FOR CITY OF DECATUR PUBLIC BENEFIT FORM

I. NOTICE TO BIDDERS

The City of Decatur will receive sealed bids for the Decatur- Parks and Recreation-

Lifeguard Management, until 3:00 pm, October 9th, 2026.

The term of Agreement(s) resulting from this solicitation can be found in the Statement of Work.

All times in the solicitation are local times to City of Decatur, 509 North McDonough St., Decatur, GA 30030.

This Notice to Bidders and Statement of Work is one of two documents making up this solicitation. The second document is the Appendix, which contains all the standard forms required to accompany a submission. These documents together constitute the entire RFP at the time of issuance.

The bid package for the RFP Decatur- Parks and Recreation- Lifeguard Management is available on-line at no charge at www.decaturga.com/requestforproposals.

A required pre-bid meeting onsite is scheduled for September 28th, 2026, at 10 am beginning at McKoy

Park, which is located at 534 McKoy St., Decatur, Ga. 30030. After this facility tour, we will also tour the

Oakhurst Indoor Facility, Ebster Pool, and Glenlake Pool.

SCHEDULE (SUBJECT TO CHANGE):

Issued September 14th, 2026

Required Pre-bid Meeting September 28th, 2026

Questions Due September 30th, 2026

Answers Due October 2nd, 2026

Proposals Due October 9th, 2026

Shortlisted Firms Contacted October 23rd, 2026

Interviews Week of Nov. 9th – 13th, 2026

Anticipated Award Date Dec. 7th , 2026 at City Commission Meeting

Implementation Meeting Week of Jan. 25th, 2027

Service of Contract begins April 1st, 2027 http://www.decaturga.com/requestforproposals

II. INSTRUCTIONS TO PROPOSERS

1. Examination of Site and Contract Documents Form

A. Proposers shall inform themselves of all conditions under which the work is to be performed, concerning the site of the work, the structure of the ground, the obstacles which may be encountered, whether shown in the Contract Specifications or not, and all other relevant matters concerning the work to be performed.

B. A Company to whom a contract is awarded will not be allowed any extra compensation by reason of any such matters or things concerning which the Company did not inform themselves of prior to proposing.

The successful Contractor must employ, as far as possible, such methods and means in the carrying out of this work as will not cause any interruption or interference with any other Contractors.

C. Proposers must satisfy themselves by personal examination of the locations of the proposed work and by such other means as they may prefer locations of the proposed work and by such other means as they may prefer as to the correctness of any quantities listed in the proposal, and shall not, after submission of their proposal, dispute or complain of such estimate nor assert that there was any misunderstanding in regard to the nature or amount of work to be done.

D. Before submitting a proposal, each Proposer shall examine carefully the complete Contract Documents, including but not limited to Instructions to Proposers, Non-Collusion Affidavit, General Conditions, Special Conditions, the Form of Agreement and Bonds (if any), Plans and Specifications and all

Addenda thereto, all of which contain provisions applicable not only to the successful Proposer but also to any of your subcontractors.

E. Each proposer is expected to base their proposal on materials and equipment complying fully with the

Contract Specifications, and in the event you name or include in your proposal materials or equipment which do not conform, you will, if awarded a contract, be responsible for furnishing materials and equipment which fully conform at no change in the contract price.

Proposer hereby certifies that ____________________________________________________, a

(Name)

Duly qualified representative of _____________________________________________________, (Firm Name)

Inspected all job locations on ______________________________________________________.

(Fill in Dates)

2. SUBMITTAL INSTRUCTIONS

Interested Bidders/Proposers should carefully review the requirements defined herein and provide complete and accurate submissions that should include the following items if indicated by an X in the box:

X Examination of Site and Contract Form

X Non-Collusion Affidavit

X References Form- A minimum of three references of similar projects- The City reserves the right to contact not only those references provided, but may also use previous performance for the City, other contacts it identifies and other sources of information believed to be viable to evaluate capability, viability and performance.

X Cost Submission Form

X Cost Proposal for Services Form

X Special General Conditions Form

X Equipment to be used on Project Form

X Contract Agreement

X List of Proposed Sub Bidders Form

X Bidders Evidence Compliance Form

X Sub Bidder Evidence Affidavit and agreement Form

X Prime Bidder’s Work Authorization Certification Form

X Sub Bidder’s Work Authorization Certification Form

X Bidder’s Affidavit Verifying Applicant Status Form

X Sub Bidder’s Affidavit Verifying Applicant Status Form

X Licenses or Registrations as required by law and/or as requested

X Contractor’s Qualifications Statement

X Evidence of/ability to provide Insurance at the limits identified herein

Bid Bond Requirements if the price bid > $100K

At a minimum, bidders shall include the following information in their proposal, presented in a clear, comprehensive, and concise manner:

1. Cover letter signed by an authorized representative of the company who can commit to the terms and conditions of the proposal

2. Consultant’s previous experience as a firm completing similar plans in both size and nature to that of the

City’s project. Consultant shall provide 3 – 5 projects to include at a minimum: location, owner, original contract cost and final contract cost, pictures, major tasks completed, project overview, similarities to

City of Decatur’s project, key staff involved, deliverables completed, length of contract and any other relevant information.

3. Overview of Company including years in business, type of business (incorporated, partnership, etc.), size of business (number of employees, locations, etc.), recent financial condition (gross sales, general profitability), listing of principals, and describe company’s unique value proposition as it relates to this project.

4. Evidence of/ability to provide Insurance at the limits identified herein.

5. Resumes of Team members who would be responsible for maintenance.

6. Copy of Certifications for those responsible for maintenance or repair work needed.

7. Provide a description of your company, staffing, and services offered.

8. Provide a description of any websites used to accept registrations and how customer data is secured.

9. Provide a description of how your company will accept payments, including any payment processor that is used and how the payment processor handles PCI compliance regulations.

3. QUESTIONS/ADDENDA

If any person contemplating submitting a proposal on this project is in doubt as to the true meaning of any part of the Contract Specifications or other Sections of the Contract Documents, you may submit to the Owner a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the Contract Documents, including the

Contract Specifications, will be made only by addendum duly issued or delivered by the Owner to each person receiving a set of such documents. The Owner will not be responsible for any other explanations or interpretations of the Contract Documents, including the Contract Specifications. All questions with provided answers will be forwarded to all entities that attend the mandatory pre-bid meeting. Any questions regarding bids and/or misunderstandings that may arise from this proposal should be submitted via email and should be directed to Steven D. Maxwell, Recreation Service Manager, at steven.maxwell@decaturga.com no later than October 2nd at 5:00 pm.

4. EVALUATION CRITERIA

Proposals that contain options or additive work above and beyond the base bid will be evaluated financially according to the criteria described in the solicitation. However, should the use of options or additive work proposed exceed the City budget, the City retains its rights to address such situations as described in its Standard Terms for Bid and Proposal Solicitation as well as the right to award based on the base bid only or the base bid plus quoted additive work that is within its budget.

Proposals determined to be Responsive and Responsible will be evaluated on the following criteria:

1. Experience – past performance references, key personnel, resumes, public sector experience in completing work of similar size and scope (12 points).

2. Availability – ability to mobilize in a timely manner and provide continuous, dedicated effort until complete (12 points).

3. Understanding – completeness in the approach to project methodology, quality and professionalism in response to the objectives (12 points).

4. Communicative – ability to work collaboratively to meet project needs and provide feedback during project (10 points).

5. Aquatics Maintenance Capacity and Safety –Demonstrated ability to maintain aquatic facilities, equipment, and water-quality systems in accordance with applicable health and safety standards.

Consideration should include staff qualifications and certifications, preventive maintenance procedures, inspection protocols, emergency response capabilities, and experience addressing maintenance issues without disrupting facility operations. (12 points).

6. Stability – financial stability and likelihood of success to meet needs, comfort with company as a partner

(12 points).

7. Cost to the City – Total proposed cost to the City for aquatics maintenance services, including the base bid and any proposed optional or additive services. (30 points)

*The City reserves the right to shortlist the highest scoring firms to conduct interviews, from which candidates will be ranked. Interviews will be held at the Legacy Park Admin, 500 S. Columbia Rd. Decatur, Ga. 30030, unless deemed acceptable to meet via a virtual meeting portal. A determination will be made at the time shortlisted companies are announced.

The City reserves the right to reject any or all bids/proposals, to waive technicalities and to make a selection and final award as deemed to be in the best interest of the City, including using any form of contract it deems most advantageous to the City.

Proposals will be considered only from experienced and well-equipped companies. Prior to beginning services, the successful bidder will file with the City a certificate of insurance. The City reserves the right to reject any or all bids or to waive informalities in the bidding.

Bids may be held by the City for a period not to exceed sixty (60) days from the date of the opening of bids for the purpose of reviewing the bids and investigating the financial stability of the bidders and their demonstrated ability to perform satisfactorily, prior to awarding the contract.

It is the intention of the Owner to award a contract only to a proposer who furnishes satisfactory evidence that they have the requisite experience and ability and that they have sufficient capital, facilities and plans to perform the work.

To determine the degree of responsibility to be credited to a proposer, the Owner will weigh any evidence that the proposer or personnel has or has not performed satisfactorily on other contracts of like nature and magnitude or comparable difficulty.

5. DISQUALIFICATION OF PROPOSERS

More than one proposal for the work described in this Document from an individual, firm or partnership, a corporation or an association under the same or different names, will not be considered. Reasonable grounds for believing that any proposer is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such proposer is interested. If there are reasonable grounds for believing that collusion exists among the proposers, the proposals of the participants in such collusion will not be considered.

6. AGREEMENT, BONDS, INSURANCE

The attention of proposers is specifically directed to the forms of agreement and bonds to be executed and types of insurance to be taken out in the event a contract award is made.

7. FAILURE TO EXECUTE AGREEMENT AND FILE REQUIRED BONDS AND

INSURANCE

Failure of a successful proposer to execute the agreement and file required bonds and insurance within the required time shall be just cause for the annulment of the award. On failure of a successful proposer to execute the agreement and file the required bonds and insurance within the required time, they shall forfeit their proposal security as agreed as liquidated damages, and the proposer, by filing a proposal, agrees to this proviso.

Upon annulment of an award as aforesaid, the Owner may then award a contract to the next lowest responsible proposer.

8. HOW AND WHERE TO SUBMIT PROPOSALS

Proposals shall be 40 pages or less. The page count shall not include a two-page cover letter/executive summary and all forms requested by the City. Proposing organizations are requested to make use of feature-benefit tables, data tables, flow diagrams, charts and graphs where possible to improve clarity and help limit page-count. The proposals must be delivered by the deadline to the City of Decatur, Attn: City Manager, 509

N. McDonough St. Decatur, Ga. 30031. Bids must be received no later than October 9th, 2026, at 3:00 pm.

The bidder must submit three (3) copies of their proposal with one marked original.

III. STATEMENT OF WORK

1. PURPOSE OF RFP

The City of Decatur operates three public outdoor swimming pools and one indoor public swimming pool, and is seeking a proposal for outdoor pre-season and post-season maintenance, indoor pool annual maintenance, and repairs as needed.

Respondents are asked to prepare a proposal including the format for accomplishing the work, the fee required to perform the work, and references listing previous comparable assignments. The City reserves the right to award a contract to the company (hereinafter referred to as the “Company”) whose proposal and any resulting negotiations are deemed to be in the best interest of the City.

This contract is for a two year term beginning April 1st, 2027 with the option to renew at the end of the two year period for another two years without requiring an additional bid process.

2. GENERAL INFORMATION

The City of Decatur, Georgia The pre-season maintenance for Glenlake and McKoy Pool must be completed and pass health inspection by the end of the second week of May each year. The pre-season maintenance for

Glenlake and McKoy Pool must be completed and pass health inspection by the end of the second week of May each year. is the second oldest incorporated community in the Atlanta region. Located six miles east of downtown Atlanta, the City of Decatur is a highly urbanized city of about 25,000 residents in approximately four square miles of area and is one of the most densely populated cities in Georgia. The City promotes healthy and active lifestyles through its Parks and Recreation Department which includes aquatics facilities.

3. SCOPE OF WORK

A. Outdoor Pre-Season

Pre-season maintenance for Ebster Pool and Splash Pad must be completed and pass a health inspection two weeks before the first Monday in May each year, as outlined below.

The pre-season maintenance for Glenlake and McKoy Pool must be completed and pass health inspection by the end of the second week of May each year.

• Inspect Pool and Pool plumbing

• Prepare Fill line for use

• Clean out Pump rooms

• Clean out Hair and Lint Strainers

• Reinstall hardware, handrails, ladders, etc.

• Start filtration system and clean filters as needed

• Check all chemical lines assure they are operational, replace as necessary

• Clean, fold, and prepare for storage pool cover, then move to storage area

• Brush/Vacuum pool at least 2 x week until operational date

• Balance pool chemicals and maintain until operational date

• Schedule and Pass Health Department Pre-season Inspection

B. Post-Season Maintenance for all outdoor pools to be completed no later than Sept.

30th of each year, as set forth below:

• Clean out Pump Room

• Backwash and Drain filters

• Drain all pumps, hair/lint strainers that require draining

• Winterize Fill Line

• Open all valves to appropriate settings

• Secure and store chemical feeders (if possible)

• Clean out Surge tanks every year

• Remove and Store rails, ladders, and backstroke flag poles

• Cover skimmer lids with plastic, remove and store all other skimmer parts

• Drain pools per determined schedule of every other year

• Perform walkthrough inspection of pools with Facilities and Operations Manager

• Refill pools if they were emptied

• Place pool cover on

C. Oakhurst Indoor Pool

Annual Inspection should be completed during month of June. This allows City to make plans for possible closure the first week of August for any repairs.

Annual inspection includes:

• Chemical lines

• Filters

• Pumps

• Chemical Controller and probes

• Pool Surface

• Pool Equipment

Quarterly Inspections should begin as of April 2027 and thereafter be conducted in September, December, and

March during each year of the Agreement. An annual inspection will be completed each June during the term of the Agreement.

Quarterly Inspection includes:

• Chemical Lines

• Filters

• Pumps

• Chemical Controllers and Probes

Provide a per-hour rate if called on to investigate an issue at a pool or make repairs during operational hours and after hours.

D. Contractor Responsibilities:

• Contractor will perform requested maintenance work during the specified periods and deliver the seasonal pools by the requested full operational dates.

• Contractor will perform minor repairs to the pool and recirculation system as part of the service provided; however, the City shall pay for parts and/or materials.

• Any work or equipment to be provided by Contractor or Contractor’s Sub Companies shall be undertaken only upon authorization by the designated representative of City. Upon Authorization, Contractor will perform work and invoice City.

• If needed, Contractor will notify City of plumbing or electrical work that is needed. City will be responsible to get needed repairs completed.

• Contractor will advise City on any needed repairs and provide a written quote of work to be done and additional costs. All repairs needed to render the pools in operational condition will be made by the city at their expense.

• Contractor agrees to conduct site visits once a quarter and will present reports to advise City of general pool operation. Contractor further agrees to meet with the

City representative periodically to discuss pool operation and related issues.

• City will provide utilities; water, electricity and gas (if needed) for the operation of the pool

• City will supply chemicals necessary to maintain and adjust the water chemistry in the pool to the standards set forth by the DeKalb County Environmental Health Department. This includes: chlorine, soda ash, muriatic acid, sodium bicarbonate for alkalinity, calcium chloride, stabilizer, and sodium thiosulfate.

E. Water Quality Standards

The Company will also maintain the pool chemistry levels in accordance with such statues, ordinances, rules and regulations governing pool chemistry as are adopted from time to time by the State of Georgia and DeKalb

County Environmental Health Department. Water Quality tests of Calcium Hardness, Total Alkalinity, Total

Dissolved solids, Cyanuric Acid, and Combined Chlorine where applicable should be recorded at least once weekly.

F. Supplies

The Company will provide at its expense the following:

• Water Testing Kit- Taylor Technologies DPD Powder Kits

• TDS Meter

• Any equipment needed to perform required work.

All equipment provided by the Company must be in good condition and fully functional.

The City will provide the following pool vacuums for each location

G. Asset Management and Work Order Notification

When applicable, the City may grant the Contractor access to the City’s OpenGov asset management system for the purpose of submitting and tracking work orders for maintenance, repairs, equipment deficiencies, or other problems identified at each aquatic facility. Once access is granted, the Contractor shall use OpenGov as the official method for notifying the City of nonemergency work-order needs and shall provide all information requested by the City, including the facility, specific location, description of the problem, date identified, photographs when available, operational impact, and recommended priority.

Until OpenGov access is granted, the City shall designate a point of contact to receive work-order notifications from the Contractor. The Contractor shall provide notice to the designated contact in writing by email or another method approved by the City. The City’s designated contact will enter the work order into OpenGov after receiving the Contractor’s notification.

The City’s responsibility for entering a work order on the Contractor’s behalf does not relieve the Contractor of its responsibility to identify problems, provide timely and complete notice, maintain documentation of the notification, or take reasonable action within its scope to protect the facility from further damage.

Conditions involving an immediate threat to health or safety, continued pool operations, water quality, or equipment shall be reported to the City’s designated contact immediately by telephone and followed by written notification or an OpenGov work order. Submission of a work order does not authorize the Contractor to perform additional work or incur costs outside the approved scope without prior written authorization from the

City.

H. Failure to Complete Maintenance and Open as Scheduled

Seasonal Preparation and Health Inspection Requirements

The Contractor acknowledges that timely completion of preseason maintenance and successful completion of all required health inspections are material requirements of this Contract.

The Contractor shall complete all preseason pool preparation, equipment testing, filtration-system startup, water-chemistry balancing, maintenance, documentation, and other responsibilities within its scope in sufficient time for each facility to pass its required DeKalb County Board of Health inspection and open by the dates established in this Contract and the annual schedule approved by the City.

The Contractor shall take primary responsibility for scheduling and coordinating all required preseason health inspections. The Contractor shall request each inspection early enough to allow sufficient time to correct deficiencies within its scope and complete any required reinspection before the applicable contractual deadline.

The Contractor shall:

• Submit a written preseason preparation and inspection schedule to the City at least thirty calendar days before each facility’s required inspection deadline;

• Submit the inspection request to the DeKalb County Board of Health within the required timeframe and provide the City with written confirmation;

• Coordinate facility access and ensure that a qualified Contractor representative is present during the inspection;

• Ensure that all conditions within the Contractor’s scope comply with applicable health, safety, water-quality, and operational requirements;

• Provide the City with copies of inspection reports, approvals, deficiencies, correspondence, and reinspection dates within one business day after receipt;

• Immediately correct deficiencies within the Contractor’s scope and coordinate any required reinspection; and

• Immediately notify the City of any condition that may prevent a facility from passing inspection or opening as scheduled.

Notice of Maintenance Failure or Service Interruption

The Contractor shall immediately notify the City’s designated representative upon learning of any condition that may:

1. Delay completion of preseason or postseason maintenance;

2. Prevent a facility from passing a required health inspection;

3. Prevent a facility from opening as scheduled;

4. Require a facility to close or restrict operations;

5. Affect required water-quality standards; or

6. Damage pool equipment or recirculation systems.

The notice shall identify the affected facility, the nature of the condition, whether the condition falls within the

Contractor’s scope, the anticipated effect on operations, the corrective action being taken, and the estimated completion date.

Providing notice shall not relieve the Contractor of its responsibilities or any credit, corrective action, or other remedy required under this section.

Contractor-Caused Maintenance Failure

A contractor-caused maintenance failure includes, but is not limited to:

1. Failure to complete preseason or postseason maintenance by the required deadline;

2. Failure to timely schedule or coordinate a required health inspection;

3. Failure to properly prepare a facility for inspection;

4. Failure to correct an inspection deficiency within the Contractor’s scope;

5. Failure to properly start, inspect, operate, or maintain filtration and recirculation systems;

6. Failure to properly maintain chemical lines, controllers, probes, pumps, filters, strainers, surge tanks, or related equipment within the Contractor’s scope;

7. Failure to maintain required water-chemistry standards;

8. Chemical mishandling;

9. Failure to complete required quarterly or annual inspections;

10. Failure to perform required routine maintenance or authorized minor repairs;

11. Failure to timely report a condition requiring City authorization or repair; or

12. Failure to perform another maintenance service required under this Contract.

Maintenance Service Credits

If a facility fails to open as scheduled or is closed for a full scheduled operating day because of a contractor-caused maintenance failure, the Contractor shall credit the City the applicable daily maintenance service rate identified in the Contractor’s Cost Proposal.

If a contractor-caused maintenance failure results in a late opening, early closure, or partial-day interruption, the credit shall be prorated as follows:

Applicable daily maintenance service rate × scheduled operating hours missed ÷ total scheduled operating hours for that day.

Credits shall apply only to the maintenance contractor whose act or omission caused or materially contributed to the failure. A closure caused solely by inclement weather shall not result in a maintenance service credit unless the Contractor failed to perform a maintenance service required during the closure or the Contractor’s actions or omissions extended the closure.

Tiered Maintenance Failures and Remedies

Tier 1 – Isolated Maintenance Failure

A Tier 1 failure is one missed operating day, late opening, early closure, or isolated interruption caused by the

Contractor.

The Contractor shall provide the full or prorated maintenance service credit required under Subsection 4.

Tier 2 – Recurring Maintenance Failure

A Tier 2 failure occurs when a facility experiences:

1. Two to four consecutive missed scheduled operating days; or

2. Three to five cumulative missed scheduled operating days during a contract year due to contractor-caused maintenance failures.

The Contractor shall:

1. Provide the applicable credit for every affected day or operating hour;

2. Submit a written corrective-action plan within two business days after receiving notice from the City;

and

3. Participate in a performance meeting with the City, if requested.

Tier 3 – Extended Maintenance Failure

A Tier 3 failure occurs when a facility experiences:

1. Five to nine consecutive missed scheduled operating days; or

2. Six to ten cumulative missed scheduled operating days during a contract year due to contractor-caused maintenance failures.

The Contractor shall perform the same requirements in response to a Tier 3 failure. In addition to the Tier 2 requirements, the City may:

1. Obtain temporary or replacement maintenance services;

2. Deduct from amounts owed to the Contractor reasonable and documented additional costs incurred to obtain those services;

3. Require additional qualified personnel, inspections, testing, reporting, or supervision at the Contractor’s expense; and

4. Issue a formal notice of material performance deficiency.

Tier 4 – Substantial Maintenance Failure

A Tier 4 failure occurs when:

1. A facility experiences ten or more consecutive missed scheduled operating days;

2. A facility experiences more than ten cumulative missed scheduled operating days during a contract year;

3. The Contractor fails to complete preseason maintenance or obtain required inspection approval by the contractual deadline and cannot provide an acceptable recovery schedule;

4. The Contractor abandons required maintenance services; or

5. The Contractor demonstrates that it is unable or unwilling to restore and maintain the facility in an operational condition.

A Tier 4 failure constitutes a material breach of the Contract. In addition to all applicable credits, the City may:

1. Obtain temporary or permanent replacement maintenance services;

2. Recover or deduct reasonable and documented additional costs;

3. Terminate maintenance services at the affected facility;

4. Terminate the Contract for cause; or

5. Exercise any other remedy available under the Contract or applicable law.

Conditions Outside the Contractor’s Responsibility

A delay, closure, or failure shall not be attributed to the Contractor when caused solely by:

1. A City-directed closure not caused by the Contractor;

2. A utility interruption not caused by the Contractor;

3. City-owned infrastructure, equipment, or capital repairs outside the Contractor’s scope;

4. Plumbing, electrical, structural, decking, fencing, lighting, or other repairs assigned to the City under this Contract;

5. A delay caused solely by the DeKalb County Board of Health, provided the Contractor fulfilled all inspection-related requirements;

6. The City’s failure to authorize requested work or provide required parts, materials, or chemicals; or

7. Another circumstance that the City determines was beyond the Contractor’s reasonable control.

To qualify for an exception, the Contractor must promptly notify the City, provide appropriate documentation, complete all work within its responsibility, and demonstrate that its actions or omissions did not cause or materially contribute to the delay.

Application of Credits and Additional Costs

All credits and authorized cost deductions shall be separately documented and applied to the Contractor’s next monthly invoice. If the amount exceeds the next invoice, the remaining balance may be applied to subsequent invoices or reimbursed to the City within thirty calendar days after written notice.

The credits provided under this section are not the City’s sole remedy. Applying a credit does not prevent the

City from requiring corrective action, obtaining replacement services, recovering reasonable and documented additional costs, terminating the Contract for cause, or exercising another remedy authorized under the Contract or applicable law.

I. Terms

In the proposal, the Company should lay out a monthly payment plan for the annual lump sum for Oakhurst, and an April to September monthly payment plan for each outdoor pool. An invoice will be submitted monthly for each individual site. All repair work will be invoiced separately for each repair done.

J. Silence of Specifications

The apparent silence of these specifications and any supplemental specifications concerning any point shall be regarded as meaning only that the best commercial practices are to prevail and that only materials of first quality and correct size, type, and design are to be used. All interpretations of the specifications shall be made upon the basis of this statement with the City's interpretation to prevail.

4. PERFORMANCE EVALUATION

The City shall evaluate the Contractor’s performance at least annually. The evaluation shall be based on City records, approved operating schedules, staffing reports, employee certifications, inspection results, incident reports, water-quality records, invoices, required monthly reports, corrective-action records, service-interruption records, and other documented contract-performance information.

The Contractor will be evaluated using the following 100-point scale:

Performance category Points Required standard

Scheduled openings and operating hours

Facilities open by required seasonal dates and provide at least 98% of scheduled operating hours

Staffing and certifications 25 At least 98% of required positions filled and 100% of assigned employees properly certified

Safety, water quality, and regulatory compliance

No unresolved serious violations or preventable regulatory closures

Reporting and financial administration

At least 95% of required reports and invoices accurate and submitted by established deadlines

Responsiveness and corrective action

At least 95% of required responses and corrective actions completed by City deadlines

Customer service and complaint resolution

Documented complaints acknowledged and addressed within contractually established timeframes

Total 100 Minimum renewal eligibility score: 85

Renewal Eligibility

The Contractor must receive an annual performance score of at least 85 points to be eligible for renewal consideration. Achieving the minimum score does not create a right to renewal or obligate the City to renew the

Contract. Any renewal remains within the City’s sole discretion and is subject to available funding, continued operational need, agreement on applicable pricing, and approval by the appropriate City authority.

Automatic Renewal Disqualifiers

Regardless of the Contractor’s total performance score, the City may determine that the Contractor is ineligible for renewal based on any of the following:

1. A Tier 4 substantial service failure;

2. Failure to open a facility by its required seasonal opening date for reasons within the Contractor’s control;

3. Falsification of staffing, certification, safety, financial, or performance records;

4. An unresolved serious safety or regulatory violation;

5. Failure to submit or implement a required corrective-action plan;

6. Repeated material violations of staffing or certification requirements; or

7. Termination of any portion of the Contract for cause.

5. RENEWAL DETERMINATION

When determining whether to exercise a renewal option, the City may consider the Contractor’s annual and cumulative performance scores, frequency and severity of service failures, corrective-action history, safety record, responsiveness, customer-service performance, pricing, and demonstrated ability to provide reliable services throughout the proposed renewal term.

The City’s decision not to renew shall not be considered a termination of the Contract and shall not entitle the Contractor to damages, anticipated profits, or other compensation beyond amounts properly due for services performed.

IV. CITY OF DECATUR STANDARD GENERAL CONDITIONS

V. HOLD HARMLESS AGREEMENT, INTERMEDIATE FORM

VI. BID BOND

VII. CONTRACTOR'S INSURANCE

VIII. NONDISCRIMINATION IN EMPLOYMENT

IX. DEFINITIONS

X. INTERPRETATIONS

XI. SAFETY

XII. LAWS TO BE OBSERVED

XIII. PROVISIONS OF LAW

XIV. SUBCONTRACTORS

XV. LICENSES, PERMITS, AND REGULATIONS

XVI. TAXES

XVII. LOCATION OF EXISTING UTILITIES AND PIPING

XVIII. PROGRESS ESTIMATES AND PAYMENTS

XIX. CHANGE IN WORK, ALTERATIONS, OMISSIONS & EXTRA WORK

XX. E-VERIFY AND SAVE REQUIREMENTS

HOLD HARMLESS AGREEMENT, INTERMEDIATE FORM

The Contractor agrees to indemnify and save harmless the Owner and all of its officers, partners, agents and employees from and against all loss or expense (including court costs and attorney's fees) by reason of liability imposed by law upon Owner for damages because of bodily injury, including death at any time, resulting therefrom sustained by any person or persons or on account of damage to or destruction of property, real or personal, including loss of use thereof, arising out of or in consequence of performance of this work, whether such injuries to property are due or claimed to be due to the negligence of the Contractor, his Sub-Contractors, the Owner, its officers, partners, agents and employees except only such injury, death or damage as shall have been occasioned by the sole negligence of the Owner, Architect or Engineer.

BID BOND

Bid Security

No proposal will be considered unless accompanied by a Bid Security as defined in the Notice to Bidders, as a guarantee that if the bid is accepted the bidder will execute an Agreement and file bonds and insurance as required by the Contract Documents within ten (10) days from the date of the award of the contract. All bid securities will be held until the agreement has been executed by the successful bidder and the required bonds and insurance has been filed with the Owner, after which bid securities will be returned to the respective bidders. The bid security will be in the form of a bond or certified check in the amount equal to or greater than

5% of the proposed total bid amount.

Notification of Surety Companies

The Contractor shall advise the surety companies and other signers of any of the bonds listed above to familiarize themselves with all of the conditions and provisions of this contract, and they shall waive the right of special notification or any change or modification of this contract or of extension of time, or of decreased or increased work, or of the cancellation of the contract or any other act or acts by the Owner or its authorized employees and agents, under the terms of this contract and failure to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their obligation under their contract.

COMPANIES INSURANCE

The Contractor shall, at the time of execution of this Contract, file with the Owner the certificate of insurance as contained in the Agreement, which shall cover all of the Contractor’s insurance as required herein including evidence of payment of premiums thereon, and the policy or policies of insurance covering said Owner, the

Engineer and their officers, agents and employees. Each such policy and certificate shall be satisfactory to the

Owner and shall bear an endorsement precluding the cancellation or reduction in coverage without giving the

Owner at least fifteen (15) days prior notice thereof in writing. All policies shall be written by insurers licensed to do business in the State of Georgia and acceptable to the Owner, with a current A.M. Best rating of no less than A-:VII. All coverages indicated on the certificate of insurance shall be included in the Comprehensive

General Liability and Automobile Liability insurance policies unless they are not applicable due to the nature of the work under this Contract Document. Nothing contained in these insurance requirements is to be construed as limiting the extent of the Company’s responsibility for payment of damages resulting from its operations under this Contract.

On all required coverages, the Company shall secure from all subcontractors certificates of insurance as evidence that each subcontractor carries insurance to provide coverage under this

Contract up to the same minimum limits required of the Company in this Agreement.

The Company shall submit copies of its subcontractors’ insurance certificates to the

Owner and Engineer as evidence of such insurance coverage. The Company acknowledges and agrees that each subcontractor performing work for this Contract will meet these minimum insurance requirements and that any costs or uninsured events arising from or involving a subcontractor working on behalf of the Contractor for this Contract is the sole responsibility of the Contractor.

The Contractor agrees to indemnify said Owner for any costs, expenses or damages that may arise from any subcontractor having insufficient insurance coverage.

Public Liability and Property Damage Insurance – The Contractor shall take out, pay for, and maintain until completion and acceptance of the work required by this Contract, public liability and property damage insurance as shall protect the Company and the said Owner from all claims for bodily injury and property damage which may arise because of the nature of the work or from operations under this Contract.

The Contractor is not required to have its subcontractors named as co-insureds in the Contractor’s policy of public liability and property damage; but the policy shall protect the Contractor and the Owner from contingent liability which may arise from operations of subcontractors.

Each of said policies of insurance shall provide coverage in the following minimum amounts: Commercial general liability insurance with a minimum combined bodily injury and property damage limit of Five Million

Dollars ($5,000,000) per occurrence, a personal and advertising injury limit of One Million Dollars

($1,000,000), a products-completed operations aggregate limit of Two Million Dollars (2,000,000) and a general aggregate limit of Two Million Dollars ($2,000,000) per location.

$5,000,000 Each Occurrence Limit

$1,000,000 Personal and Advertising Injury Limit

$2,000,000 Products/Completed Operations Aggregate

$5,000,000 General Aggregate

Comprehensive Automobile Liability - The Contractor shall also take out, pay for, and maintain until completion and acceptance of the work required by this Contract, automobile public liability and property damage insurance as shall protect the Company and said Owner from claims for bodily injury or property damage which may arise from the use of motor vehicles engaged in various operations under this Contract.

The policy or policies of automobile insurance shall provide coverage in the following minimum amounts:

Automobile liability insurance covering owned, hired and non-owned vehicles, with separate coverage in an amount not less than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage.

$1,000,000 Bodily Injury or death to any one person

$1,000,000 Bodily Injury, each occurrence

$1,000,000 Property Damage, each occurrence

Umbrella Policy- The Contractor shall have an umbrella policy over General Liability, Automobile Liability, Workers’ Compensation/Employers’ Liability and any such policies that the umbrella can be placed over that involves insurance that is applicable to the work under this contract or at least applicable to the minimum required insurance under this contract. The policy shall be placed in the amount of One

Million Dollars ($1,000,000) or an amount equal to that to be paid for the work being performed under this agreement, whichever is greater.

Workers’ Compensation Insurance - Before beginning the work, the Company shall furnish to the Owner satisfactory proof that it has taken out, for the period covered by the work under this

Contract, Statutory Workers’ Compensation and Employers’ Liability Insurance. Such insurance shall be maintained in full force and effect during the period covered by this Contract. Insurance must cover all persons engaged on behalf of the Company in the performance of the contract;

Notification of Insurance Companies - The Contractor shall advise all insurance companies to familiarize themselves with all of the conditions and provisions of this Contract, and insurance companies shall waive the right of special notification or any change or of decreased or increased work, or of cancellation of the Contract or of any other act or acts by the Owner or its authorized employees and agents, under the terms of this Contract and failure to so notify the aforesaid insurance companies of changes shall in no way relieve the insurance companies of their obligation under this Contract.

Indemnification - The Contractor shall indemnify and save harmless the Owner, the Engineer and all of their officers, agents, and employees from all suits, actions or claims of any character brought for or on account of any injuries to or death of or damages received by any person, persons or property resulting from the operations of the Contractor or any of its subcontractors, in prosecuting the work under this Contract.

Additional Insured-The Contractor shall name the Owner as an additional insured and shall provide Owner with proof thereof with the certificate of insurance and copy of endorsement that meets the additional insured requirement or specifically lists owner as additional insured for said contract in the policy for said work by

Contractor on behalf of this Contract.

Subrogation Waiver-The Contractor waives all rights of subrogation against the Owner. Written evidence that each respective insurer acknowledges and agrees to such waivers of subrogation rights shall be submitted to

Owner prior to commencement of the project (at minimum, a certificate of insurance, followed by a copy of an endorsement or policy language evidencing the insurer’s acknowledgement of an agreement to such waiver). In the event such requirement is not met and/or any subrogation proceeding is commenced by or on behalf of the

Contractor or its insurers, the Contractor shall fully indemnify and save harmless the Owner for all costs, expenses and damages resulting therefrom, and shall take action necessary to stop any subrogation proceedings by the Contractor’s insurers.

NONDISCRIMINATION IN EMPLOYMENT

During the performance of this Contract, the Contractor agrees as follows:

The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, religion, sex, national origin, age or disability.

The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their gender, race, color, genetic information, religion, national origin, political affiliation, age, handicapped status, sexual orientation, sexual preference, or gender identity and expression.

Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer;

recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

DEFINITIONS

"Owner" shall mean the City of Decatur, Georgia.

“Designated DPRD Team Member” shall mean the Director of Parks and Recreation, or his/her duly authorized representative.

INTERPRETATION

Whenever the context may require, any noun or pronoun used herein shall include the corresponding masculine, feminine or neuter forms. The singular form of nouns, pronouns and verbs shall include the plural and vice versa.

SAFETY

In accordance with generally accepted construction practice, the Contractor will be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. This requirement will apply continuously and not be limited to normal working hours.

LAWS TO BE OBSERVED

The Contractor shall keep himself fully informed of all existing and future Federal, State, City, and municipal laws, ordinances and regulations which in any manner affect those engaged or employed in the work or the materials used in the work or the conduct of the work or the rights, duties, powers or obligations of the Owner or of the Contractor or which otherwise affect the Contract, and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. He shall at all times observe and comply with, and shall cause all his agents, sub-contractors and employees to observe and comply with, all such laws, ordinances, regulations, orders and decrees; and shall protect and indemnify the Owner and all of its officers, agents and employees, against any claim, loss or liability arising or resulting from or based upon the violation of any such laws, ordinance, regulation, order or decree, whether by himself or by his agents, sub-contractors or employees.

PROVISIONS OF LAW

It is specifically provided that this Contract is subject to all applicable laws and that the rules of law shall prevail over any provision contained in any of the Contract Documents which may be in conflict thereto or inconsistent therewith.

SUBCONTRACTORS

The Contractor shall notify the Owner in writing of the names of all Subcontractors he proposes to employ on the Contract and shall not employ any Subcontractors…