Request for Proposal (RFP) to provide

Professional Services

For

Habersham County School District

Playground Renovations and Infrastructure Upgrades at the following schools:

Baldwin Elementary, Clarkesville Elementary, Cornelia Elementary, Demorest Elementary, Fairview Elementary, Hazel Grove Elementary, Level Grove Elementary, and Woodville Elementary

Interested parties may obtain RFP documents from the Habersham County School District website and the Georgia Procurement website.

OWNER:

P. O. Box 70 132 Stanford Mill Road Clarkesville, Ga 30523

The Habersham County Board of Education reserves the right to reject any and all proposals and to waive technicalities.

Solicitation Issue Date: September 23, 2026 Proposal Packages Due: October 27, 2026, 10:00 a.m.

TABLE OF CONTENTS

1. GENERAL PROJECT INFORMATION

2. CONSTRUCTION PROFESSIONAL SERVICES REQUIREMENTS

3. CONTRACT INFORMATION

4. SELECTION PROCESS

5. SCHEDULE OF EVENTS

6. MANDATORY PRE-SUBMITTAL CONFERENCE

7. SUBMITTAL OF QUESTIONS AND REQUESTS FOR CLARIFICATION

8. STEP 1: SUBMITTAL REVIEW PROCESS

9. INSTRUCTIONS FOR PREPARING SUBMITTAL PROPOSAL

10. SUBMITTAL OF D/B FEE PROPOSAL

11. SUBMITTAL OF PROPOSAL AND D/B FEE PROPOSAL

12. STEP II: INTERVIEW AND FEE NEGOTIATION PROCESS (for Finalists only).

13. PRESENTATION/ INTERVIEW INFORMATION

14. FINAL EVALUATION AND SELECTION

15. ADDITIONAL TERMS AND CONDITIONS

16. EXHIBIT "A" – GENERAL SCOPE OF WORK

17. EXHIBIT "B" – D/B FEE PROPOSAL

REQUEST FOR PROPOSAL

Design/Build (DB) Services for

Playground Renovations and Infrastructure Upgrades at the following schools:

Baldwin Elementary, Clarkesville Elementary, Cornelia Elementary, Demorest Elementary, Fairview Elementary, Hazel Grove Elementary, Level Grove Elementary, and Woodville Elementary

The Habersham County Board of Education (HCBOE), (Owner) is soliciting proposals from Construction Professionals/firms interested in providing Design/Build (D/B) services for the construction of listed projects in Habersham County, Georgia. This Request for Proposals (RFP) seeks to identify potential providers of the above mentioned services. All respondents to this RFP are subject to instructions communicated in this document, and are cautioned to completely review the entire RFP and follow instructions carefully. The Owner reserves the right to reject any proposals, and to waive technicalities and informalities at their discretion.

1. GENERAL PROJECT INFORMATION

Project Description: Refer to EXHIBIT "A" – GENERAL SCOPE OF WORK.

Project Delivery Method The Delivery Method for the Project will be Design/Build (D/B).

During pre-construction, the D/B will be responsible for the designing, construction, pricing, value engineering, as well as maintainability and constructability issues.

Project Budget As part of the D/B services, D/B will evaluate the Owner Scope of Work and determine a developmental budget for the project, and prioritize the needs. The final budget/Stated Cost of Limitation (SCL) will be determined by the prioritization of the Work, and the available funding. The Scope of Work may be revised by the Owner due to programmatic requirements, funding availability, or other circumstances.

Project Schedule The selection of the D/B is anticipated to be finalized on November 10, 2026. Design and preconstruction services are expected to begin immediately upon execution of the contract with the D/B. Construction services are expected to begin upon contract execution. All of the dates herein are estimates which are subject to change. Work described may begin as early as November 11, 2026, with completion dates to be determined.

The existing facilities will be occupied during construction; therefore, phasing will be required.

2. CONSTRUCTION PROFESSIONAL SERVICES REQUIREMENTS

The D/B will be expected to work expeditiously to design the project as requested and provide all needed design and construction services which may include, without limitation, technical review, cost verification, cost evaluation, value engineering, schedule development, and schedule evaluation, in addition to management of the construction. In addition, the D/B will be responsible for methods of construction, safety, and the scheduling and coordination of the work of all construction and miscellaneous contracts required for completion of the project within its predetermined budget and schedule. The successful D/B will be required to work collaboratively with the Owner's consultants.

3. CONTRACT INFORMATION

The contract format will be an Actual Cost plus a Fixed or percentage Fee. During Pre-Construction, the D/B will be responsible for pricing, value engineering, and maintainability and constructability issues. Construction will commence with the release of distinct work packages based on the design documents. The D/B shall select all construction subcontracts by competitive selection using cost and other factors, with Owner approval of each subcontractor.

Form of Agreement The agreement between the Owner and the D/B shall be the "AIA Document A141-current edition - Standard Form of Agreement Between Owner and Design-Builder for a Traditional Design-Build Project", along with the Owner's modifications. The General Conditions for the project shall be as described in "AIA Document A201-2007 - General Conditions of the Contract for Construction", along with the Owner's modifications and Supplementary Conditions. The General Requirements of the D/B contract and general conditions are not open for negotiation. The construction services will be on an actual cost basis with all savings under the GMP, including unused contingency, returned to the Owner.

4. SELECTION PROCESS

Selection of the D/B will be a qualification/fee proposal evaluation process. Selection of the D/B will be a two-step process. The first step will be a qualification-based process, which will result in three (3) firms being selected for the second step. The second step will be an interview and negotiation based process beginning with the top ranked firm.

5. SCHEDULE OF EVENTS

The following Schedule of Events represents the Owner's best estimate of the schedule that will be followed.

All times indicated will be current standard time in Clarkesville, Georgia. The Owner reserves the right to adjust the schedule as the Owner deems necessary.

RFP Estimated Time Line:

6. MANDATORY PRE-SUBMITTAL CONFERENCE

A pre-submittal conference and site visits will be conducted by the Owner and attendance of interested firms is Mandatory. The conference shall begin promptly at 8:30 a.m. on Monday, October 12, 2026 at Habersham County Schools, Central Office Annex, 144 Holcomb Street, Clarkesville, GA 30523. A proposer will be disqualified from the selection process due to failure to arrive for the pre-bid conference by the scheduled start time. Failure to attend the pre-bid mandatory conference and all site visits will automatically result in disqualification from the selection process.

7. SUBMITTAL OF QUESTIONS AND REQUESTS FOR CLARIFICATION

It is the responsibility of each respondent to examine the entire RFP, seek clarification in writing, and review its submission for accuracy before submitting the document. Questions about any aspect of the RFP, or the project, shall be submitted in writing (e-mail only) to: facilityproposals@habershamschools.com

8. STEP 1: SUBMITTAL REVIEW PROCESS

Step I - Submittal Review This RFP is issued for the purpose of acquiring Proposals from prospective D/Bs. A selection will be made by a Selection Committee consisting of representatives of the Owner. The Selection Committee will receive and review Proposals submitted in response to this RFP. To be deemed eligible for evaluation, firms must meet the following minimum qualifications:

mailto:facilityproposals@habershamschools.com

Minimum Qualifications Required (evaluated on a pass/fail basis by the selection committee)

• The firm or its principals are not currently ineligible, debarred, suspended, or otherwise excluded from bidding or contracting by any state or federal agency, department, or authority.

• Firm must have sufficient bonding capacity for anticipated total cost of work. Provide a letter or other supporting documentation from a bonding company indicating the firm's capacity to bond the project.

• Firm must have a current Contractor's Public Liability Insurance policy and must be insurable in at least the following amounts: Bodily injury, including death- limits of $1,000,000 for each accident.

Property damage- limits of $2,000,000 for each accident and $10,000,000 for the aggregate of operations. (The Owner reserves the right to require additional limits and/or coverage for the actual contract). Provide your current insurance certificate.

• Firm must have all necessary, valid and current licenses to do business in the State of Georgia.

Provide a copy of your GC license, business license and Georgia Certificate of Existence.

• Firm must demonstrate sufficient cash flow to undertake the project as evidenced by a current ratio (current assets/current liabilities) of 1.0 or higher.

• The firm must demonstrate a commitment to safety with regard to Worker's Compensation by having an Experience Modification Rate (EMR) over the past three years of 1.2 or less.

• The firm or its principals have not been terminated for cause or currently in default on any public works contract.

• Firms are required to perform a comprehensive criminal history background check to include both GCIC and NCIC on any employee who will be working on school property.

The firms must provide a sworn statement attesting to compliance with the minimum criteria listed above and provide supporting documentation as requested further in the process in accordance with Section 9.

INSTRUCTIONS FOR PREPARING SUBMITTAL

The Selection Committee will then evaluate the submittals which have met the minimum qualifications.

Criteria for Evaluation of Submittal:

20% Factor: Stability of the firm, including the firm's corporate history, resources, form of ownership, litigation history, financials, etc. Section 9A. Stability.

20% Factor: Firm's relevant project Experience and Qualifications, including the demonstrated ability of firm in effective design and experience with comparable playground projects of similar type and complexity, school/public-sector work, qualifications of the design and construction team, references, project history, and ability to manage design-build delivery. Section 9B. Experience and Qualifications and Section 9C. Qualifications and Experience of Proposed Project Team

20% Factor: Firm's Ability/Suitability to provide equipment and services for project as stipulated.

Section 9D. Statement of Suitability and Section 16. EXHIBIT "A" – GENERAL SCOPE OF WORK

20% Factor: Quality of Proposed Design and Management Plan: The firm's cost and schedule of design and management plans; Firm's approach for managing changes within the stated cost and schedule limitations.

Firm's approach for competitively administering and evaluating bid packages, including the firm's plan for competitively selecting subcontractors. The firm's subcontractor management plan; The firm's quality assurance program and plan; The firm's close-out plan; The firm's work force plan; The firm's safety plan and site logistics plan for the proposed project and the firm’s ability to minimize disruption to school operations schedule. Section 9E. Design and Management Plan

20% Factor: Evaluation of the submitted Fee Proposal, as submitted.

Section 17. EXHIBIT "B" – D/B FEE PROPOSAL

9. INSTRUCTIONS FOR PREPARING SUBMITTAL PROPOSAL

Each submittal shall be identical and include a transmittal letter. Submittals must be typed on standard (8- 1/2" x 11") paper. The pages must be numbered. A table of contents, with corresponding tabs, must be included to identify each section. Responses are limited to forty (40) double-sided pages or less using a minimum of an 11-point font. Any exhibits, affidavits or other enclosure information called for may be included in an appendix and will not count toward the limit. Tab sheets also do not count toward the limit. Each submittal shall be prepared simply and economically, providing straightforward, concise delineation of respondent's capabilities.

Emphasis must be on completeness, relevance, and clarity to content.

To expedite the review of submittals, it is essential that respondents follow the format and instructions outlined below. The content of all Proposals must be categorized and numbered as outlined below and be responsive to all requested information:

PROPOSAL

9A. Stability 9A.1- Provide basic company information: Company name, address, name of primary contact, telephone number, fax number, e-mail address, and company website (if available). If the firm has multiple offices, include information about the parent company and branch office separately. Identify the office from which project will be managed and proximity to the project site. Provide form of ownership, including state of residency or incorporation, and number of years in business. For joint venture entities that have not undertaken at least two projects together, each firm should submit its proposal separately. Joint submittals are Subject to the same submittal page limit.

9A.2- Briefly describe the history of your firm(s). Provide general information about the firm's establishment, personnel resources, including disciplines and numbers and classifications of employees, and locations and staffing of offices that will be directly involved with this Project.

9A.3- Please disclose whether or not the firm has been involved in any litigation with an Owner or Architect during the past five (5) years. List any active or pending litigation and provide a thorough explanation of its scope. List any claims against your firm or against Owners where your firm is named.

9A.4- List the firm's annual average gross revenue for each of the past 5 years. Supply main financial and banking references.

9A.5- Please provide information as to whether or not your firm has ever been removed from a contract for cause OR failed to complete a contract as awarded?

9A.6- The firm, in order to be deemed eligible for further evaluation, will issue the following statement asserting that the firm meets the minimum qualifications required for this project (supporting information is requested and can be included as an Appendix in the Proposal). The SIGNED statement shall read as follows:

a. We certify our firm, or its principals are not currently ineligible, debarred, suspended, or otherwise excluded from bidding or contracting by any state or federal agency, department, or authority.

b. We certify that our firm has sufficient bonding capacity for anticipated total cost of work.

Provide a letter or other supporting documentation from a bonding company indicating the firm's capacity to bond the project.

c. We certify our firm has a current Contractor's Public Liability Insurance policy, and our firm is insurable in the following amounts: Bodily injury, including death limits of $1,000,000 for each accident. Property damage- limits of $2,000,000 for each accident and $10,000,000 for the aggregate of operations. (The Owner reserves the right to require additional limits and/or coverage for the actual contract.) Provide your current insurance certificate.

d. We certify our firm has all necessary, valid and current licenses to do business in the State of Georgia. Provide a copy of your GC license, business license and Georgia Certificate of Existence.

e. We certify we have sufficient cash flow to undertake the project as evidenced by a current ratio (current assets/current liabilities) of 1.0 or higher.

f. We certify a commitment to safety with regard to Worker's Compensation by having an Experience Modification Rate (EMR) over the past three years of 1.2 or less. Firm must provide a letter or other supporting documentation.

g. We certify the firm, or its principals have not been terminated for cause or are currently in default on any public works contract.

h. We certify our firm will perform a comprehensive criminal history background check to include both GCIC and NCIC on any employee who will be working on school property.

9B. Experience and Qualifications 9B.1- Provide information on the firm's experience on projects of similar function, and complexity (similar type of construction). Describe 3-5 projects, in order of most relevant to least relevant, which demonstrate the firm's capabilities to perform the project. For each project, provide the following information:

i. Project name, location and dates during which services were performed.

j. Brief description of project and physical description (delivery method, cost, square footage, number of stories, type of foundation, structural system, envelope, site area).

k. Services performed by your firm.

l. Provide any Owner-written letters of reference/recommendation about the firm's performance on the project.

m. Owner/Architect contact information.

n. Explanation as to how the highlighted project relates to the current Project being considered.

If the firm has multiple offices, indicate the office responsible for each highlighted project.

9C. Qualifications and Experience of Proposed Project Team 9C.1- Describe your firm's proposed organization for the construction design and management team including, project executive, project director, project manager, superintendent, cost estimator, etc., who will manage the project. Please designate the specific individuals to fill the following key roles on your team:

o. Superintendent(s)

p. Design Professionals

q. Project Manager

r. Project Executive / Project Director

s. Cost Estimator

t. Other (please describe, if applicable)

9C.2- Please provide, for each of the above personnel, a current resume listing relevant project experience, percentage of the person's time to be committed to this project, current and projected workloads, and his/her office location in relation to project location.

9C.3- Please identify the individual who, from project start to finish, will be the leader of your design and construction team and the principal point of contact between your firm and the Owner, the Architect, and other consultants. Provide detailed information on the qualifications of this individual and the direction, authority, and management tools that will be provided to the individual by the firm. Provide information on his/her current and projected workloads, and his/her office location in relation to project location. This individual's competence, his/her leadership, location, and his/her ability to achieve customer satisfaction will be heavily considered in the selection of a construction design and management firm.

9C.4- Provide an organizational chart showing the lines of responsibility and accountability for your team and proposed sub-consultants. If a joint venture, identify responsibility relationships, where there may be past experience at such relationships, and levels of experience.

9C.5- Provide examples of your recent experience as D/B or CM at Risk including the demonstrated ability of your firm in effective design and experience with comparable playground projects of similar type and complexity, including the following information:

t. Provide photographs of similar projects your firm/team completed in the past five (5) years.

u. Provide a written reference from the Owner (with current contact information) familiar with your performance on each of the above projects. Provide a Program Manager reference (if applicable).

v. List the individuals who served as the Project Executive/Director, Project Manager, Superintendent, and Cost Estimator on the projects. Please note whether these individuals are still employed with your firm.

w. Indicate those projects where an architect, engineering consultant, and D/B served a corporate or public client as a team.

x. Provide information about the two most recent similar projects your firm has completed.

Include the total quantity of change orders and net total cost increase of change orders to the project. Summarize the actual schedule performance relative to the initial project schedule. For each project, provide the name of an Owner's representative (with a current phone number) who is most familiar with your performance on the project.

9D. Statement of Suitability 9D.1- Provide any information that may serve to differentiate your firm from other firms regarding suitability for the project. Suitability may include, but is not limited to, the firm's fit to the project and/or needs of the Owner, any special or unique qualifications for the project, current and projected workloads, the proximity of main office to project location, and any techniques or methodologies offered by the firm that may be particularly suitable for this project type.

9D.2- Provide information on any special services you can provide to this project.

9E. Design and Management Plan 9E.1- With regard to your firm's expected role in the project, please provide:

• a statement of your definition of the role,

• your anticipated level of design, management responsibility and accountability for project concerns.

9E.1.1 Describe your process for efficiently resolving issues and maintaining the project commitments while working collaboratively with the Owner, and other stakeholders as applicable.

9E1.2 Describe your procedures for routine solving of complex project issues without compromising your team commitments.

9E1.3 Provide your proposed methods and plans of communication.

9E.2- Describe your firm's approach to providing pre-construction services on this project.

9E.3- Provide your cost management plan for controlling costs on this project within the GMP during construction. Describe your systems and procedures for controlling costs during construction.

9E.4- Provide your change order management plan for managing cost and schedule exposures within the stated limitations.

9E.5- Provide your procurement and workforce plan including details on your plan to assure local D/B opportunity. Describe how your firm intends to arrange the construction into bid packages in order to maintain The Owner's schedule and budget objectives.

9E.6- Provide your schedule management plan for this project during construction. Describe systems and procedures your firm uses to manage the project schedule. Describe alternatives that may be explored to shorten the schedule.

9E.7- Provide your subcontractor management plan including, contract document compliance procedures, project accounting procedures, issue resolution and compliance with Security and Immigration Compliance Act OCGA 13-10-91 – as it relates to subcontractor compliance with the requirements set forth therein ensuring compliance with the federal work authorization program.

9E.8- Provide your closeout management plan for this project. Describe your systems and procedures for your closeout plan.

9E.9- Provide your quality assurance plan for this project. Describe your firm's approach for validating compliance with the construction documents. Explain your process for ensuring quality workmanship.

9E.10- Provide your safety and site logistics plan for this project. Describe your plan for working around existing operations and for site access. Provide your accident incident rate for the past three (3) years, using the following formula: Incident Rate = # of Injuries x (200,000) / # Total Man Hours.

9E.11- Provide your plan for applying any services not specifically mentioned herein. Explain the relevance of these services to this project and how they benefit the project.

10. SUBMITTAL OF D/B FEE PROPOSAL

Fee Proposal must be submitted with the Proposal. Firms must use the attached Section 17. EXHIBIT "B" – D/B FEE PROPOSAL. Understand that this proposal constitutes a starting point for negotiation toward an eventual agreement on fees. The submitted fees will be evaluated concurrently with the Proposal.

11. SUBMITTAL OF PROPOSAL AND D/B FEE PROPOSAL

All responses must be sealed in an opaque envelope or box, and reference to the Habersham County School District, Clarkesville, Georgia on envelopes or boxes and addressed to the addresses below. Proposals must be physically received by the Owner prior to the deadline indicated in the Schedule of Events (Section 5 of RFP) at the exact address below:

Proposers shall deliver (12) hard copies and (1) electronic copy (.pdf format on a flash drive) of their proposal submittal to:

REQUEST FOR PROPOSAL

P.O. Box 70 132 Stanford Mill Road Clarkesville, GA 30523

Attn: Denise Gunn

Design/Build Services for Playground Renovations and Infrastructure Upgrades

It is the sole responsibility of the Proposers to assure delivery to the noted location by the specified deadlines;

the Owner cannot accept responsibility for incorrect delivery, regardless of reason. No Proposal submittals will be accepted after the time stipulated. Proposal submittals will not be accepted via facsimile or e-mail.

It is the responsibility of the Proposers to examine the entire Request, seek clarification in writing, and review their proposal for accuracy before submitting a response. Once the deadline has passed, all submittals will be final.

All expenses for preparing and submitting responses are the sole cost of the party submitting the response. The Owner is not obligated to any party to reimburse such expenses. All submittals upon receipt become the property of the Owner. Labeling information provided in submittals "proprietary" or "confidential" or any other designation of restricted use will not protect the information from public view. Subject to the provisions of the Open Records Act, the details of the proposal documents will remain confidential until final award.

The opening of RFPs shall begin promptly at 10:00 a.m. on Tuesday, October 27, 2026 at Habersham County Schools, Central Office Annex, 144 Holcomb Street, Clarkesville, GA 30523.

12. STEP II: INTERVIEW AND FEE NEGOTIATION PROCESS (for Finalists only).

Step II- D/B Selection, will be initiated by invitation to the qualified finalists by the Selection Committee (determined in Step I from evaluation of Proposal) for interviews to be conducted by the Owner. The successful D/B will be determined from the interview evaluation and a successful fee negotiation process.

13. PRESENTATION/ INTERVIEW INFORMATION

Interview Format Firms selected to make presentations shall be notified by the Invitation to Interview email issued by the Selection Committee. The owner anticipates interviews will take place on Tuesday, November 3, 2026 at Habersham County Schools, Central Office Annex, 144 Holcomb Street, Clarkesville, GA 30523. The Invitation to Interview email shall designate the confirmed date, place and time for the interview session. The Invitation letter will specify the manner in which the presentations will be conducted.

Electronic presentations, such as PowerPoint presentations, are allowed but may not comprise more than 30 minutes of the 45 minute presentation. The Owner will have a screen available in the interview room.

Nevertheless, presenters must be prepared with their own projector and computer. The presentation may include flip charts, boards, or any other media the D/B may need to communicate their abilities, along with the oral presentation.

The interviews may be conducted by the members of the Habersham County Board of Education, the Superintendent, and invited attendees of the Board’s discretion. Each interviewer will grade and judge the firms to determine the top ranked firm. Firms are encouraged to briefly describe their general company history and any other information that is relevant to the presentation. All key personnel should be present at the interview, including at a minimum, the project superintendent, project manager and project executive.

Interview Requirements The primary intent of the formal interview process is to provide the Board of Education with in-depth and clarifying information about the firm. Information provided should assist the Board of Education in making an informed decision as to the proposer best suited for the work.

Firms should focus their presentations on:

Their design and vision of the requested projects;

Their detailed plan for managing the schedule, construction, and quality of the project;

and unique characteristics or services the firm offers.

14. FINAL EVALUATION AND SELECTION

Upon completion of the evaluation of RFP submittal, proposers will be ranked in descending order of recommendation. In the event a satisfactory fee cannot be reached with the highest-ranking firm, the Owner will formally terminate the negotiations in writing and begin negotiation with the second highest-ranking firm, and so on until a mutually agreed upon fee is established. Once the successful D/B and the agreed upon fee have been determined, a D/B services contract will be awarded by the Owner.

15. ADDITIONAL TERMS AND CONDITIONS

Deadlines The deadline for submission of questions relative to the RFP is the time and date shown in Section 5.

SCHEDULE OF EVENTS. All relevant and significant questions that have been submitted in writing prior to the deadline will be compiled and answered in writing and issued directly to all proposers via E-mail. Any proposer exceptions to the RFP requirements or requests for deadline extensions must also be communicated to the Owner by the deadline to be properly considered. Any requests for proposal deadline extensions must include the reason(s) for such a request. The Owner reserves the right to approve or reject such requests as the Owner deems necessary.

Confidentiality Labeling information provided in submittals "proprietary" or "confidential", or any other designation of restricted use will not protect the information from public view. Subject to the provisions of the Open Records Act, the details of the proposal documents will remain confidential until final award.

Award Conditions This request is not an offer to contract or a solicitation of bids. This request and any proposal submitted in response, regardless of whether the proposal is determined to be the best proposal, is not binding upon the Owner and does not obligate the Owner to procure or contract for any services. Neither the Owner nor any party submitting a response will be bound unless and until a written contract mutually accepted by both parties is negotiated as to its terms and conditions and is signed by the Owner and a party containing such terms and conditions as are negotiated between those parties. The Owner reserves the right to waive non-compliance with any requirements of this Request for Proposal and to reject any or all proposals submitted in responses. Upon receipt and review of responses, the Owner will determine the party(s) and proposal that in the sole judgment of the Owner is in the best interest of the Owner (if any is so determined), with respect to the evaluation criteria stated herein. The Owner then intends to conduct negotiations with such party(s) to determine if a mutually acceptable contract may be reached.

● Any contract awarded will include the required provision of O.C.G.A. 20-2-506. In addition, a termination for convenience provision will be included.

● The requirements of this RFP and proposal submitted in response, as agreed to by the Habersham County Board of Education, shall be incorporated into the contract for services.

● Respondents to this RFP agree to waive any claims they have or may have against the Owner, its employees, agents, members, representatives and legal counsel, arising out of or in connection with the:

(1) administration, evaluation, recommendation or selection of any proposal; (2) waiver of any representations under the proposal or documents; (3) approval or rejection of any proposal; and (4) award of a contract.

Reciprocal Preference Law Pursuant to O.C.G.A. 13-10-3, for the purpose of determining residency, a Georgia resident business shall include:

(1) Any business that regularly maintains a place from which business is physically conducted in Georgia for at least one year prior to any bid or proposal

(2) (or) a new business that is domiciled in Georgia which regularly maintains a place from which business is physically conducted in Georgia (provided) that a place of business shall not include a post office box, site trailer or temporary structure.

Whenever the state contracts for public works construction, materialmen, D/Bs, builders, architects, engineers and laborers resident in the State of Georgia are to be granted the same preference over materialmen, D/Bs, builders, architects, engineers and laborers resident in another state in the same manner, on the same basis, and to the same extent that preference is granted in awarding bids for the same goods or services by such other states.

Joint-Venture Proposals The Owner does not desire to enter into "joint-venture" agreements with multiple firms. In the event two or more firms desire to "team up" it is strongly recommended that one incorporated firm propose and maintain status as the contracted lead firm with the remaining firms participating as major consultants to the lead firm.

Immigration Reform Compliance Requirement.

The successful Proposer will be required to certify compliance with the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act OCGA 13-10-90 et.seq., by meeting or having complied with one of the (2) following provisions and by executing any affidavits required by the rules and regulations issued by the Georgia Department of Labor set forth at Rule 300-10-1-.01:

1) The D/B warrants that D/B has complied with the Immigration Reform and Control Act of 1986 and the Georgia Security and Immigration Compliance Act by registering at https://www.vis- dhs.com/Employer Registration and verifying information of all new employees;

2) The successful proposer shall comply with the stipulations cited in Security and Immigration Compliance Act OCGA 13-10-91 with respect to the proper federal authorizations regarding the right to work for subcontractors and D/Bs.

E-Verify: D/B Affidavit under O.C.G.A. § 13-10-91(b)(1) The successful Proposer will be required to submit an Affidavit verifying its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the firm or corporation which is engaged in the performance of services on behalf of the Habersham County Board of Education has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the D/B will continue to use the federal work authorization program throughout the contract period and will contract for the physical performance of services in satisfactory of such contract only with subcontractors who present an affidavit to the D/B with the information required by O.C.G.A. § 13-10-91(b). The affidavit shall include the D/B's Federal Work Authorization User Identification Number and date of authorization.

Statement of Agreement With submission of a proposal, the Proposer agrees that he/she has carefully examined the Request for Proposal (RFP), and the Proposer agrees that it is the Proposer's responsibility to request clarification on any issues in any section of the RFP with which the Proposer disagrees or needs clarified. The Proposer also understands that failure to mention these items in the proposal will be interpreted to mean that the Proposer is in full agreement with the terms, conditions, specifications and requirements in the therein.

http://www.vis-dhs.com/EmployerRegistration

16. EXHIBIT "A" – GENERAL SCOPE OF WORK

The Habersham County School District is looking to replace all playgrounds and upgrading the infrastructure in these areas as needed at the following (8) Elementary Schools:

Baldwin Elementary, 894 Willingham Avenue, Baldwin, GA 30511 Clarkesville Elementary, 6539 State Hwy 115 West, Clarkesville, GA 30523 Cornelia Elementary, 375 Old Cleveland Road, Cornelia, GA 30531 Demorest Elementary, 3116 Demorest Mt. Airy Hwy, Demorest, GA 30535 Fairview Elementary, 2925 Cannon Bridge Road, Demorest, GA 30535 Hazel Grove Elementary, 6390 Dicks Hill Parkway, Mt. Airy, GA 30563 Level Grove Elementary, 2525 Level Grove Road, Cornelia, GA 30531 and Woodville Elementary, 911 Historic Od 441 Hwy, Clarkesville, GA 30523

Each school will receive a playground for each of the following Grade Level Groupings;

K-1, 2-3, and 4-5, for a total of (24) twenty four playgrounds.

The successful D/B Firm shall furnish and install a complete playground system that is safe, durable, accessible, and suitable for the intended age groups and site conditions. All playground equipment, installation practices, protective surfacing, site work, and maintenance recommendations shall comply with all applicable federal, state, and local requirements and recognized playground safety standards in effect at the time of installation.

16A. Georgia State House Bill 371 Compliant Each playground design must be fully inclusive, sensory-rich, and developmentally supportive, providing equal access for children of all abilities. The following requirements must be met:

● Inclusivity features with ramps, transfer stations, sensory elements, and braille signage are minimum requirements to be included in each playground design.

● A continuous ADA-compliant path connecting the existing school building sidewalks to the playgrounds.

● A minimum of 10,000 square feet of playground with 80% dedicated to active play.

● A minimum of 20% of the area must be shaded. Shade structures must be added as well as keeping existing trees when possible.

● Existing fencing will be kept when possible and additional fencing may need to be added to fully enclose the playgrounds.

● A minimum of 80% unitary surfacing is required. It is our goal to look at the possibility of

100% unitary surfacing within the fenced areas, budget allowing. Our preferred surfacing is poured in place rubber under all equipment with turf in all other areas.

16B. Industry Standards and Regulatory Compliance

The Proposer shall be responsible for ensuring that the completed playground complies with all applicable codes, regulations, and nationally recognized playground safety standards, including, but not limited to:

● Current U.S. Consumer Product Safety Commission (CPSC) Public Playground Safety

Handbook.

● Current ASTM International standards applicable to public playground equipment, including

ASTM F1487, Standard Consumer Safety Performance Specification for Playground

Equipment for Public Use.

● ASTM standards applicable to playground protective surfacing and impact attenuation, including ASTM F1292 and other applicable surfacing standards.

● Americans with Disabilities Act (ADA) requirements and applicable accessibility standards, including requirements for accessible routes, play components, and accessible ground-level activities.

● Applicable state and local building, zoning, accessibility, stormwater, electrical, and safety requirements.

● Manufacturer's installation instructions and specifications for all playground equipment and surfacing systems.

Where requirements differ between applicable standards, codes, regulations, or manufacturer requirements, the Contractor shall comply with the most stringent applicable requirement, unless otherwise directed in writing by the Owner.

The Proposer shall provide documentation demonstrating compliance; including product certifications, manufacturer's documentation, testing information, installation instructions, and applicable inspection or certification reports.

16C. Playground Equipment

All playground equipment shall be new, commercial-grade equipment specifically manufactured and warranted for public playground use. Equipment shall be appropriate for the specified age range and designed for the anticipated level of use.

Owner prefers products manufactured in the United States by an established manufacturer with demonstrated experience in the manufacture, installation, and support of the specified products.

Preference may be given to manufacturers whose products are substantially manufactured in the

United States, including products, components, and materials produced at U.S.-based manufacturing facilities.

This preference shall not be construed as a sole-source requirement. Products manufactured outside the United States may be considered provided they meet or exceed all specified performance, quality, safety, durability, warranty, and applicable industry-standard requirements.

Bidders proposing products manufactured outside the United States shall identify the country of manufacture and provide sufficient information demonstrating compliance with all RFP requirements.

The Proposer shall provide complete product information for all proposed equipment, including:

● Manufacturer and product name/model numbers.

● Product specifications and dimensions.

● Recommended age range.

● Required use zones and fall zones.

● Manufacturer's installation requirements.

● Applicable safety certifications and testing documentation.

● Warranty information.

● Maintenance requirements.

● Replacement-part availability.

No substitutions or changes to specified playground equipment shall be permitted without prior written approval from the Owner. Substituted products shall meet or exceed the quality, safety, accessibility, durability, and warranty requirements of the originally specified product.

16D. Installation Warranty

The Proposer shall warrant all playground installation work against defects in workmanship, improper installation, settlement attributable to installation, premature failure, and other installation-related deficiencies for a minimum period of five years from the date of final acceptance by the Owner.

The Proposer shall correct, at no additional cost to the Owner, any installation-related defect identified during the warranty period. Corrective work shall include labor, equipment, materials, removal and replacement, and restoration of affected areas when the deficiency is determined to be the responsibility of the Contractor.

The warranty shall not limit or replace any longer manufacturer's warranty applicable to playground equipment, protective surfacing, components, or materials.

16E. Manufacturer’s Equipment Warranty

The Proposer shall provide the Owner with all manufacturer's warranties for playground equipment and components prior to final payment.

At a minimum, the Contractor shall identify warranty coverage for:

● Structural components.

● Metal components and finishes.

● Plastic components.

● Hardware and fasteners.

● Moving components.

● Ropes, nets, cables, and other specialized components.

● Protective surfacing.

● Other installed materials and systems.

Manufacturer warranties shall be provided in writing and shall identify the warranty period, covered components, exclusions, required maintenance, and procedures for submitting warranty claims.

Where manufacturer warranties extend beyond the Contractor's installation warranty, the Contractor shall assist the Owner with warranty claims and provide reasonable documentation and support necessary to obtain replacement parts or corrective work.

16F. Protective Surfacing

Protective surfacing shall be appropriate for the playground equipment, fall heights, intended users, accessibility requirements, drainage conditions, and anticipated use.

The Proposer shall install protective surfacing in accordance with the manufacturer's specifications and applicable ASTM/CPSC requirements.

The protective surfacing system shall provide the required impact attenuation for the applicable critical fall height. The Contractor shall provide documentation demonstrating that the proposed surfacing system meets the required impact attenuation and accessibility requirements.

The completed surfacing system shall be installed without gaps, exposed foundations, hazardous transitions, trip hazards, or other conditions that could create an unsafe condition.

16G. Surface Material Warranty

The Proposer shall provide a manufacturer's warranty for all protective surfacing materials. The warranty shall identify coverage for defects in material and workmanship and shall clearly state the warranty period.

For unitary surfacing systems, the warranty shall address, as applicable:

● Delamination.

● Separation of layers.

● Premature deterioration.

● Cracking or splitting.

● Material failure.

● Defective seams.

● Loss of impact attenuation attributable to material failure.

● Other manufacturer-defined material defects.

The Proposer shall provide the Owner with the manufacturer's recommended cleaning, inspection, repair, and maintenance procedures.

16H. Installation Inspection and acceptance

Prior to final acceptance, the Proposer shall conduct a complete inspection of the playground installation and correct all deficiencies.

The Owner may require an independent playground safety inspection by a qualified playground safety professional or Certified Playground Safety Inspector (CPSI), as applicable. Any deficiencies identified through the inspection that are attributable to the Contractor's work or installed products shall be corrected at no additional cost to the Owner.

The Contractor shall provide final documentation, including:

● As-built/site layout documentation.

● Equipment manufacturer's information.

● Product warranties.

● Surfacing warranties.

● Maintenance manuals.

● Recommended inspection and maintenance schedules.

● Product replacement information.

● Applicable compliance and testing documentation.

● Final inspection documentation.

16I. Owner Training

Prior to final acceptance, the Proposer shall provide the Owner with basic training for designated staff responsible for playground inspection and maintenance.

Training shall address daily, monthly and annual inspection procedures, identification of unsafe conditions, surfacing maintenance, cleaning, component replacement, warranty procedures, and appropriate documentation of inspections and repairs.

The Proposer shall provide a list of recommended replacement parts and identify the expected availability of replacement components.

● Recommended repairs and replacement of components approaching the end of their service life.

16J. Continuing Responsibility for Safety

The Contractor shall be responsible for providing a completed installation that complies with the requirements of this RFP, applicable regulations and standards, and the manufacturer's installation requirements at the time of completion.

Nothing in the warranty provisions shall relieve the Contractor or manufacturer of responsibility for defects in materials or workmanship covered by applicable warranties.

16K. Civil Engineering and Construction Drawings

The Proposer shall provide all necessary civil engineering, site design, and construction drawings required for the complete turnkey installation of the playground and associated site improvements.

The Proposer shall be responsible for field verification of existing site conditions, including existing grades, drainage, utilities, pavement, curbs, sidewalks, trees, structures, and other site features that may affect the proposed playground installation.

The civil/site design package shall, at a minimum, include:

● Existing conditions and site survey information, as necessary for design and permitting.

● Proposed playground layout and dimensions.

● Site grading and drainage plan, including proposed elevations, slopes, drainage patterns, and connections to existing drainage systems.

● Accessible routes and connections to existing sidewalks, parking areas, and other site amenities.

● Playground safety-zone limits and safety surfacing areas.

● Concrete foundations, footings, curbs, containment systems, and other site structures associated with the playground.

● Subgrade preparation, aggregate base, soil stabilization, and compaction requirements, as applicable.

● Stormwater management or drainage improvements required for the completed installation.

● Utility coordination and identification of conflicts with existing utilities.

● Erosion and sediment control measures, where applicable.

● Details for transitions between existing and proposed improvements.

● Construction details, sections, dimensions, elevations, and specifications necessary for installation.

● Manufacturer's equipment plans, anchoring details, and required use-zone information.

● ADA/accessibility details and accessible route slopes.

● Restoration details for disturbed areas, including landscaping, turf, sidewalks, pavement, and other affected site improvements.

Drawings shall be sufficiently detailed to serve as construction documents and shall coordinate with the proposed playground equipment, safety surfacing, foundations, drainage, accessibility improvements, and existing site conditions.

Where required by the Authority Having Jurisdiction (AHJ), permitting agency, or applicable law, civil engineering drawings shall be prepared, signed, and sealed by a professional engineer licensed in the State of Georgia.

The Proposer shall be responsible for coordinating all civil drawings with the playground manufacturer, equipment installer, surfacing installer, Owner, and applicable permitting authorities.

The Proposer shall obtain all required permits and approvals associated with the work unless specifically identified otherwise in this RFP.

The Proposer shall submit drawings for Owner review prior to construction. No construction shall begin until the required drawings have been reviewed and accepted by the Owner and/or permitting authority.

The Proposer shall provide final record/as-built drawings at project closeout showing the completed playground installation, final grades, drainage improvements, utilities encountered or relocated, accessible routes, foundations, and other significant site improvements.

All costs associated with surveying, engineering, civil design, preparation of drawings, permitting, revisions, inspections, and professional services necessary to deliver a complete and…