Track and Field Replacement RFP FY25_004.pdf

Request for Proposals For

Track and Field Replacement

RFP# FY25-004

Due Date:

January 13, 2025, at 12:00 PM ET

Contact:

Cenobia Hilton

Drew Charter School

Procurement Services Department

300 Eva Davis Way SE

Atlanta, GA 30317

REQUEST FOR PROPOSALS (RFP) # FY25-004

Drew Charter School is seeking qualified contractors for the replacement of their existing artificial turf on their soccer/football field as well as the running track around the field. The track and field area is surrounded by existing chain link fencing. The site is located at the Yates Campus, in accordance with the terms, conditions, and specifications contained in this Request for Proposals (RFP) # FY25-004.

Unless otherwise noted, Proposers must provide a proposal for all requirements stated within this request. Interested vendors must be able to commit the resources necessary to provide services of the scope required. To be considered valid in the selection process, all proposals must follow the critical dates, as set forth below:

Critical Dates:

1. RFP Issue Date: December 9, 2024.

2. Pre-proposal Meeting/Facility Walkthrough:

December 17, 2024. Interested vendors must attend a pre-proposal meeting to review specifications, clarify any questions, and walkthrough with the school’s appointed point of contact. The meeting will be held on December 17, 2024, 11:00 AM ET at the Junior/Senior Academy, 300 Eva Davis Way SE, Atlanta, GA 30317.

Questions due date: December 19, 2024, 11:59PM ET. Questions about the RFP should be submitted to Drew Charter School via the Bidnet Direct Platform at:

https://www.bidnetdirect.com/georgia/drewcharterschool. Late questions will not be answered. Responses to questions will be posted on Bidnet Direct to all prospective vendors by

January 3, 2025.

Proposal Due Date:

January 13, 2025. Vendors must submit responses to this RFP by using the

Bidnet Direct Platform for official submission at:

https://www.bidnetdirect.com/georgia/drewcharterschool by January 13, 2025, 12:00 PM ET.

https://www.bidnetdirect.com/georgia/drewcharterschool.

http://www.bidnetdirect.com/georgia/drewcharterschool

Proposals received after this date and time will not be considered and individual extensions to the due date will not be granted.

1. Proposal expiration date: Interested vendors must indicate an expiration date for the proposal and pricing. All the proposal’s contents and fees must be guaranteed for 120 days from the proposal date.

The award of any contract is based upon the content of the vendor’s proposal that best meets the needs of Charles R. Drew Charter School, taking into consideration the vendor’s qualifications, price, and service capabilities. Prior to a formal award, all contract terms and conditions must be agreed upon by both parties.

PART A - PROPOSAL INSTRUCTIONS

PART B – RFP SPECIFICATIONS

SECTION 1 – GENERAL PROVISIONS

SECTION 2 – SCOPE OF PROJECT

ATTACHMENTS

ATTACHMENT A – COST PROPOSAL

ATTACHMENT B – RFP SIGNATURE PAGE

ATTACHMENT C – REFERENCES

ATTACHMENT D – NON-COLLUSION STATEMENT

ATTACHMENT E – CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

ATTACHMENT F – PROPOSER GUARANTEES

ATTACHMENT G – CONTRACTOR AFFIDAVIT

ATTACHMENT H – NO PROPOSAL REPLY FORM

PART A - PROPOSAL INSTRUCTIONS

1. PURPOSE

This solicitation is for the purpose of entering into a contract for the Track and Field at Yates Campus

Drew Charter School, located at 300 Eva Davis Way SE, Atlanta GA, hereinafter referred to as the

“Drew” or “School”. The selected vendor will replace the artificial turf of the soccer/football field as well as the running track around the field. The bidder submitting a proposal is hereinafter referred to as the “Vendor” or “Offeror”. The contract will be between the School and the Vendor.

2. RFP PROPOSED TIMELINE

Event# DESCRIPTION DATE TIME 1 RFP is posted in The Champion

December 9, 2024

2 RFP is posted on Georgia Procurement Registry

(GPR)

December 9, 2024

3 RFP is Advertised on BidNet.com December 9, 2024

4 Pre-proposal Meeting and Facility Walkthrough With Prospective Bidders

December 17, 2024

11:00AM

ET

5 Deadline for Written Questions December 19, 2024 11:59PM

ET

6 Response to questions due to all Prospective Bidders

January 3, 2025

7 Proposals Due Date January 13, 2025 12:00PM

ET

8 Interviews January 21, 2025

9 Contract Award On or about February 24, 2025

3. QUESTIONS REGARDING THE RFP

All questions related to this RFP should be submitted via the Bidnet Direct Platform at https://www.bidnetdirect.com/georgia/drewcharterschool. Late questions will not be answered. Final day to submit questions is January 13, 2025 11:59 PM ET. Responses to questions will be answered via Bidnet to all participating Vendors by January 3, 2025.

http://www.bidnetdirect.com/georgia/drewcharterschool

This period will be the only opportunity for RFP clarification. Additional questions will not be received, nor will responses be provided at any other time during this process.

From the issue date of this RFP until the Vendor is selected, Vendors are not allowed to communicate for any reason with the School staff except through the Procurement Services

Department contact specified herein. For violation of this provision, the School reserves the right to reject the proposal of the offending Offeror.

4. PROJECT BACKGROUND

Drew Charter School operates as a private charter under the Atlanta Public School system. In 2014 the school expanded, and a separate campus was built to house the Middle and High School programs.

This is where the track and field is located. The soccer field is approximately 380’ x 205’and the running track is a 400 M track with markings for eight (8) lanes. Contractors are responsible for exact measurement for product and installation of both soccer field and running track. Turf and track replacements are expected to be completed in the same project, but owner reserves the right to award only one depending on cost, timing and other internal factors.

5. PREPARATION OF PROPOSALS

Offerors are expected to examine the attached instructions, provisions, clauses, attachments, exhibits, etc. Failure to do so will be at the Offeror’s risk. It is understood and agreed that all actions taken and information furnished by the Offeror as a result of this solicitation are at no cost or obligation to the School, and shall not be construed as an obligation on the part of the

School to enter into a contract with the Offeror, whether or not the requirements reflected in this solicitation are terminated or modified.

Proposal shall be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this solicitation as described in Section 2, Scope of

Project. Emphasis should be placed on conformance to the proposal instructions, responsiveness to the proposal requirements, and completeness and clarity of content. The Offeror is required to be fully acquainted with the federal and state procurement laws and regulations as it relates to this procurement.

The “School” accepts within the time specified therein, any proposal (or part thereof); whether or not there are negotiations subsequent to its receipt, unless the proposal is withdrawn by written notice to the School prior to the award of the contract. If subsequent negotiations are conducted, they shall not constitute a rejection or counteroffer on the part of the “School”.

The “School” reserves the right at any time during this process to re-solicit its requirements if the proposals received do not meet the School’s needs, or if terms and conditions during the negotiation process cannot be mutually agreed upon.

5. PROPOSAL FORMAT

The information provided herein is intended to assist Vendors in the preparation of proposals necessary to properly respond to this RFP. The RFP is designed to provide interested Vendors with sufficient basic information to submit proposals meeting the minimum requirements, but it is not intended to limit a proposal’s content or exclude any relevant or essential data therefrom.

Vendors are at liberty and are encouraged to expand upon the specifications to demonstrate their experience with similar schools and industry experience. Proposals should be organized by using the following required proposal components:

COVER LETTER: Cover letter shall be prepared on the Offeror’s company letterhead, with signature of the Offeror’s authorized representative who may legally enter the company into a formal contract. Provide contact information including name, title, address, telephone, and e-mail address for Offeror’s authorized representative. The cover letter shall briefly summarize the

Vendor’s ability to provide the services specified in the Section 2, Scope of Project. The letter should also include a complete disclosure of information as described in Item 10 and a statement describing any organizational conflicts of interest as described in Item 14.

TABLE OF CONTENTS: Each proposal shall include a Table of Contents with page numbers for each of the requirements of the solicitation.

DESCRIPTION OF SERVICES AND QUALIFICATIONS: Each proposal must contain a detailed description of how the Offeror will provide the services described in Section 2, Scope of

Project. The Offeror may include descriptions of any enhancements, additional services, or expertise the Offeror will provide which are not specifically described in the solicitation.

COST PROPOSAL: Each proposal shall include a Cost Proposal (Attachment A) for fees proposed to perform services as described in Section 2, Scope of Project.

ALL OR NOTHING: The School intends to award the Contract on an ALL or NOTHING basis to the responsive and responsible Offeror(s) whose proposal that will be most advantageous to the School, price and other factors considered. Each Proposer must submit a complete response to this RFP. Proposals failing to include all of the requested information SHALL BE

REJECTED.

6. SUBMITTALS

Vendors must submit responses to this RFP via the Bidnet Direct Platform at https://www.bidnetdirect.com/georgia/drewcharterschool by 12:00 PM ET on January 13, 2025.

Proposals shall be valid for one hundred and twenty (120) days from final solicitation closing date and may be held open for a lengthier period of time subject to Offeror’s consent. Proposals received shall be considered final, and no proposal shall be altered, amended, or withdrawn after the specified closing date.

https://www.bidnetdirect.com/georgia/drewcharterschool

7. REVISIONS TO THIS RFP

In the event that it becomes necessary to clarify or revise this RFP, such clarification and revisions will be by addendum. Any addendum to this RFP will become part of this RFP and part of any contract awarded as a result of this RFP.

8. LATE PROPOSALS, MODIFICATION OF PROPOSALS, AND WITHDRAWAL OF

PROPOSALS

Any proposal received after the time specified for receipt will not be considered, unless it is received before award is made; or (1) it is the only proposal received; or (2) it is determined that the competitive integrity of the solicitation was not compromised and is in the best interest of the

School to do so.

9. PROPOSAL VALIDITY & EXCEPTIONS TO TERMS

The Offeror assumes sole responsibility for the complete effort required in submitting a proposal in response to this RFP. By submitting a response to this RFP, the Offeror is acknowledging that they: (1) have read the information and instructions, and (2) agree to comply with the information and instructions herein. Any exceptions must be clearly identified, and the rationale fully supported by the Offeror.

10. DISCLOSURE OF INFORMATION

The Offeror must include a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or pending investigation which involves the

Offeror, or in which the Offeror has been judged guilty or liable. Failure to comply with the terms of this provision will deem the proposal to be non-responsive and become disqualified from award. The School reserves the right to reject any proposal based upon the Offeror’s prior history with the School.

11. REFERENCES

Proposals must include a minimum of three (3) business references, preferably within the last five (5) years. Include contact names, company names, addresses, phone numbers, email addresses, and information on the scope of services rendered for the references. (Attachment C).

12. PROPOSAL EVALUATION FACTORS

The objective of the evaluation process is to identify the proposal which represents the best value to the School on a combination of technical and cost factors. The evaluation shall consist of a (1) technical determination that the Offeror’s proposal does or does not meet the requirements of

Section 2, Scope of Project; (2) a determination that the Offeror is otherwise eligible for award, taking into account responsiveness to the solicitation, and (3) a determination of Offeror’s responsibility contained in this solicitation. Proposals meeting the requirements and determined eligible for award by a Review Committee shall be evaluated on the vendor proposal determined to be best suited for the School; meeting the school’s technical specifications; the best value for the amount expended; and in compliance with the provisions of the RFP.

The School reserves the right in its sole discretion to reject any proposal or all proposals in whole or in part, without incurring any cost or liability whatsoever. All proposals will be reviewed for completeness of the submission requirements. If a proposal fails to meet a material requirement of the RFP, or if it is incomplete or contains irregularities, the proposal may be rejected. A deviation is material to the extent that a proposal is not in substantial accord with

RFP requirements. Any proposal may be rejected where it is determined to be not really competitive.

During the evaluation process, the Committee reserves the right, where it may serve the School’s best interest, to request additional information or clarification from vendors or request interviews with one or more vendors.

The evaluation will consist of the following:

Part one: An evaluation of the written responses to the RFP. This is a technical determination that the Proposer’s written response to the RFP does or does not meet the requirements of the scope of services required; and the Proposer’s overall responsiveness to the RFP.

Part two: After all written responses have been evaluated and scored, the Committee may invite a limited number of vendors who received the highest scores to participate in the interview process. The interview process will provide the firm with an opportunity to answer questions the

Committee may have about their proposal.

Evaluation Factors/Criteria Weight:

Category Point Value

Completeness of Response:

Compliance with RFP instructions and format.

Organization of the submittal.

Clarity and completeness of RFP response.

points

Cost

Proposed pricing to accurately reflect the vendor’s effort commitment to meet the School’s requirements and objectives.

Proposed pricing appropriate to scope of work to be provided.

points

Project Approach/Methodology

Project approach/methodology meets an of the scope (Overall system design; installation procedures and timeframe system points

Relevant Experience

Contractual and technical experience in performing work of similar size and scope.

Experience and qualifications of key personnel that will be assigned to provide services pursuant to this RFP.

points

Total:

Points

LOCAL PREFERENCE

For purposes of applying a local preference to contracts for services, local business shall mean any business which regularly maintains an office or space of business within the corporate limits of the Clayton, Cobb, DeKalb, Fulton or Gwinnett counties, and has maintained such office or place of business for at least twelve (12) months prior to posting of the RFP. It is the responsibility of the business providing the proposal to identify itself as local. The local business shall be awarded five (5) additional points in the total evaluation. Once the evaluation process has been completed (and any negotiations the School desires to conduct have occurred), the apparent successful Offeror(s) may be required to enter into discussions with the School to resolve any exceptions prior to contract award. The School reserves the right at any time during this process to re-solicit its requirements if the proposals received do not meet the School’s needs, or if terms and conditions during the negotiation process cannot be mutually agreed upon.

13. LICENSES AND PERMITS

The Offeror is responsible for obtaining and maintaining in good standing, all licenses, permits, inspections and related fees for each or any such licenses, permits and/or inspections required by the county, city, or other government entity or unit to accomplish the work specified in this RFP.

The Offeror must be licensed and registered to do business in the State of Georgia. A copy of the Offeror’s business licenses must be submitted with the proposal. O.C.G.A § 14- 2-1501.

14. ORGANIZATIONAL CONFLICT OF INTEREST

It is the policy of the School to avoid situations which place an Offeror in a position where its judgment may be biased because of any past, present, or currently planned interest, financial or otherwise that the Offeror may have which relates to the work that will be performed pursuant to this solicitation or where the Offeror’s performance of such work may provide an unfair competitive advantage.

The Offeror shall prepare a statement which describes all relevant facts concerning any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) relating to the work to be performed hereunder and bearing on whether the Offeror has a possible organizational conflict of interest with respect to (1) being able to render impartial technically sound and objective assistance or advice or (2) being given an unfair competitive advantage.

In the absence of any relevant interest referred to above, the Offeror shall provide a statement certifying that to its best knowledge and belief no such facts exist relevant to possible organizational conflicts of interest. The refusal to provide the disclosure or representation and any additional information as required shall be considered non-responsive and shall result in disqualification of the Offeror for award.

15. CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT

Proposals will be held in confidence and will not be made available to other Vendors. Likewise, the Offeror agrees to hold in confidence any and all information included in this solicitation and any other information provided by the School. Offeror will not disclose to a third party any part of the solicitation, except as necessary to respond to the proposal.

Response to the solicitation is for the sole use of the School and its agents for evaluation purposes and does not create any obligations or responsibilities on behalf or in the name of the

School, nor does it create or imply any binding contractual relationship between the School and the Offeror. And moreover, no such obligations, responsibilities, or relationships will be created in the absence of a written contract between the School and the Offeror.

All proposals and other materials submitted will become the property of the School, and will not be returned to the Offeror.

16. NON-COLLUSION STATEMENT

The Offeror shall complete and submit Attachment D, certifying that the offer is made without prior understanding, agreement or connection with any corporation, firm, or person submitting an offer for the same services, and is in all respects fair and without collusion or fraud. The

Offeror understands that collusive bidding is a violation of state and federal laws and can result in fines, prison sentences, and civil damage awards. The Offeror agrees to abide by all conditions of this RFP, and certifies that the signature of the Offeror is authorized to sign and can legally enter his or her organization into a formal contract with the School.

17. DEBARRED, SUSPENDED, AND INELIGIBLE STATUS

The Offeror shall certify that they have not been debarred, suspended, or declared ineligible by any agency of the State of Georgia. The Vendor shall immediately notify the School if the

Offeror is debarred or placed on the Consolidated List of Debarred, Suspended, and Ineligible

Contractors by a federal entity. To ensure that the Offeror has not been debarred or suspended, the Offeror will be researched on the Excluded Parties List System at https://www.dol.gov/agencies/ofccp/debarred-list.

18. PRICING

Using the Scope of Project attached to this RFP, the Offeror shall provide pricing with comprehensive fees, inclusive of all labor, equipment, supplies, services, insurance, all other overhead and expenses of performance, and profit. The Offeror must also sign and submit a

Certification of Independent Price Determination, certifying that the prices in the offer have been arrived at independently, without consultation, communication or agreement, for the purposes of restricting competition. (Attachment E)

19. CONDITION OF AWARD

Award is conditional on availability of funds. The School reserve the right to award a contract to other than the lowest proposal and to reject any or all proposals. The primary consideration for award will be which Offeror can perform in a manner most advantageous to the School. The

School may award a contract based on initial proposal received, without discussion on such proposals. The School may make award based on any or all items listed in the solicitation.

Accordingly, each initial proposal should be submitted with the most favorable terms from a price and technical standpoint. Any financial data submitted hereunder or any representation concerning facilities or financing will not form a part of any resulting contract. If the resulting contract contains a clause for price reduction for defective cost or pricing data, the contract will be subject to reduction of cost or price if the cost or pricing data furnished is incomplete, inaccurate, or not current.

20. CONSIDERATION

To assure consideration, all proposals shall be made using the RFP forms enclosed unless otherwise specified. All proposals must be written in ink or typed. Mistakes may be crossed out https://www.dol.gov/agencies/ofccp/debarred-list and corrections made adjacent, however, each correction must be initialed by the person signing the proposal.

21. REJECTION AND NOTIFICATION

The School reserves the right to accept or reject any part or all proposals submitted in response to this solicitation. The School may enter into negotiations with more than one Vendor simultaneously in response to proposals. The School shall not be obligated to explain its final selection or disclose anything about the selected Vendor’s proposal.

22. CERTIFICATION

By responding to the solicitation, the Offeror certifies that it shall operate in accordance with all applicable state and federal regulations. In addition, the Offeror understands that all terms and conditions within the solicitation shall be incorporated in the resulting contract document. It is the Offeror’s responsibility to ensure that all information included in their proposal is current, complete, and accurate.

23. BID PROTEST PROCEDURES

Any protests arising from this solicitation and award shall be made in writing and shall be emailed to Cenobia Hilton, Procurement Officer, at: cenobia.hilton@drewcharterschool.org .

The protest shall be filed no later than ten (10) days from the award notice and shall include:

• The name, address, and telephone number of the protester;

• The signature of the protester or an authorized representative of the protester;

• Identification of the purchasing agency and the solicitation or contract number;

• A detailed statement of the legal and factual grounds of the protest including copies of relevant documents;

• The form of relief requested.

A written response to the protest will be made within 30 days from receipt of the protest and all items indicated above.

mailto:cenobia.hilton@drewcharterschool.org

PART B – RFP SPECIFICATIONS

SECTION 1. GENERAL PROVISIONS

School contemplates that, in addition to the terms described above in this RFP and such other terms as may be customary or appropriate, final agreement between the School and the selected

Vendor(s) will include, without limitation, the following terms. Submission of a proposal shall constitute agreement to contract on these terms, except for any term specifically reserved in the proposal for future negotiation. 1.1 INTENT TO CONTRACT Drew Charter School intends to enter a contractual agreement (the “Contract”) with a qualified vendor to supply and install ballistic film at the School.

1.2 CONTRACT TERM

The contract term shall commence upon issuance of a written letter of intent or contract on or about March 1, 2025; and shall continue until project completion.

1.3 INDEMNIFICATION, INSURANCE, AND LIMITATION OF LIABILITY

A. Legal Representation and Costs

1) Except as expressly provided herein or in connection with insurance coverage required to be provided in the Contract by one party for the benefit of the other, each party shall be responsible for its own legal representation and legal costs.

2) As more fully described below, except where there is an actual or potential conflict of interest, the School and the Vendor shall fully cooperate with one another and their respective legal counsel in connection with any legal claim asserted against either of them.

B. Indemnity to Property or Persons

1) The Vendor shall indemnify and save and hold the School, the Board, and its employees, officers, directors, subcontractors, and agents harmless from any and all claims, demands, suits, costs, judgments, or other forms of liability to third parties, actual or claimed, including attorney fees, for injury to property or persons, occurring or allegedly occurring in, on or about the School from the negligent, grossly negligent or reckless actions and omissions or willful misconduct committed by the Vendor or by its employees, officers, directors, subcontractors, or agents. Upon timely written notice from the School, the Vendor shall defend the School in any such action or proceeding brought thereon.

2) The School shall indemnify and save and hold Vendor, its partners, directors, officers and employees harmless from any and all claims, demands, suits, costs, judgments or other forms of liability to third parties, actual or claimed, including attorney fees, for injury to property or persons, occurring or allegedly occurring from the negligent, grossly negligent or reckless actions and omissions or willful misconduct committed by the School or by its employees, officers, directors, subcontractors, or agents. Upon timely written notice from the Vendor, the

School shall defend the Vendor in any such action or proceeding brought thereon.

C. No Waiver

The foregoing provisions shall not be deemed a relinquishment or waiver of any kind of applicable limitations of liability to third parties provided or available to any of the parties under applicable state governmental immunities laws.

1.4 INSURANCE

Vendor, at its own expense, shall procure and maintain insurance for the duration of the contract as outline below against claims for injuries to persons or damages to Property that may arise from or in connection with the performance of the work hereunder by the Vendor. The Vendor shall submit to School satisfactory evidence of insurance coverage (certificate of insurance or a certified copy of any applicable policy of insurance) prior to the start of the contract. Minimum insurance requirements include the coverage set forth below:

(a) Commercial General Liability Insurance: All vendors are required to carry a minimum limit of One Million and 00/100 Dollars ($1,000,000.00) per occurrence and Two Million and

00/100 Dollars ($2,000,000.00) in the aggregate for bodily injury, personal injury and property damage liability. Coverage shall include, but not be limited to: all operations, contractual liability, independent contractors, products/completed operations (for a minimum of two (2) years following completion), and defense.

b) Workers' Compensation and Employers' Liability Insurance: All vendors are required to carry workers’ compensation Insurance affording workers' compensation benefits for all employees as required by law and Employers' Liability Insurance with limits of not less than

Five Hundred Thousand and 00/100 Dollars ($500,000.00) per occurrence. The workers' compensation policy must contain a waiver of subrogation clause.

(c) Automobile Liability Insurance: When any motor vehicle (whether owned, non-owned or hired) is used in connection with any contract or services, the contractor 15 must carry

Automobile Liability Insurance with limits of not less than One Million and 00/100 Dollars

($1,000,000.00) per occurrence for bodily injury and property damage.

(d) Additional Insured: School must be named as additional insured on all general liability policies. Vendor shall provide thirty (30) days prior written notice of material change, cancellation, or non-renewal of any applicable policy of insurance to School under the Contract.

School reserves the right to increase or expand insurance requirements when it deems prudent.

1.5 WARRANTIES AND REPRESENTATIONS

Vendor warrants and represents that it possesses such expertise, experience and resources to perform the scope of services required in a diligent, timely and professional manner consistent with the highest standard of the industry. Vendor represents and warrants that none of its work performed under the Agreement will infringe on the rights of third parties. Vendor will supply at all times an adequate number of well-qualified personnel to perform the work. Vendor will provide a contact person available and authorized to remedy any non-conformity with this warranty. If any Vendor’s work is found to be infringing, Vendor will correct the work to be non-fringing at no charge to School.

1.6 LAWFUL PERFORMANCE

Vendor shall remain in compliance with all applicable federal, state, county, and municipal, statutes, laws, ordinances, and regulations applicable to and affected by, the performance of duties under the contract.

1.7 LICENSE

Vendor represents and warrants that the Vendor holds a license, permit, or special license to perform the services pursuant to this Agreement, as required by law or employs or works under the general supervision of the holder of such license, permit or special license and shall keep and maintain all such licenses, permits or special licenses in good standing and in full force and effect at all times while the Vendor is performing the services pursuant to this Agreement. All applicable permits and licenses required shall be obtained by the Vendor, at its own expense.

O.C.G.A § 14-2-1501.

1.8 RELATION OF PARTIES

The Vendor shall be an independent contractor and not an employee of the School, nor are the employees of the Vendor employees of the School.

1.9 ACCEPTANCE

Acceptance shall be made in accordance with the criteria established in Section 2, Scope of

Project, and elsewhere in the Contract. The School shall not be held liable to reimburse the

Vendor for work performed that does not meet the acceptance criteria.

1.10 BILLING PROCEDURES

All invoices shall be submitted to the Accounts Payable Department, by e-mail at:

accountspayable@drewcharterschool.org. Invoices must clearly identify the contract number, Vendor’s name and remittance address, item(s) or service(s) being invoiced (including quantity, unit price, and extended price, if applicable), services performed, and service dates. Failure to comply may result in delayed payments or the School may refuse payments for said charges.

School shall not pay finance charges or interest to Vendor. Payment term is Net 30, unless otherwise specified in the resulting contract.

mailto:accountspayable@drewcharterschool.org

1.11 AUDITS

The School shall be entitled to audit the books and records of the Vendor to the extent that such books and records relate to the performance of the work pursuant to this Solicitation. Such books and records shall be maintained for a period of three years from the date of final payment under the original Contract.

1.12 CRIMINAL HISTORY RECORDS CHECK

The School requires that all individuals who will work on the School’s premises (including full-time, part-time and temporary employees, contractors and subcontractors) must be fingerprinted and cleared through the Georgia Criminal Information Center System (GCIS) before they are assigned to work at the School. The cost of background is the responsibility of Vendor.

1.13 DRUG POLICY

Any employee who is found in violation of the School’s drug policy or who refuses to permit an inspection may be removed or barred from the School premises at the discretion of the School.

As used herein, "School premises" means property, leased or otherwise, including government-owned project site locations in which the School business is being conducted, and the School owned or rented vehicles and/or equipment. Therefore, the Vendor agrees to advise its employees and the employees of its subcontractors and agents of the School’s drug policy:

1) The manufacture, dispensation, sale, offer for sale, purchase, use, transfer, or possession of illegal drugs on the School premises is prohibited;

2) While on the School premises, employees are prohibited from being under the influence of alcohol ("Under the Influence" means that the employee is affected by alcohol in any detectable manner);

3) Probable cause drug and alcohol testing during the performance of the Contract shall be at the discretion of the School; and

4) Entry onto the School premises constitutes consent to an inspection of the employee and his or her vehicle as personal effects while entering on, or leaving premises. The

Vendor shall defend and hold the School harmless from any suits or claims by its employees relating to enforcement of this provision.

1.14 TERMINATION

Either party can terminate the Contract. The Party (the “Notifying Party”) will give the other

Party (the “Responding Party”) written notice that sets forth the Notifying Party's reasons for considering termination in sufficient details. During the ten (10) day period following receipt of such notice, both Parties will discuss, in good faith, the Notifying Party's reasons for considering termination in an effort to avoid the need for termination. After the ten (10) day discussion period, the Notifying Party, if not fully satisfied, may terminate the Contract by giving thirty (30) days written notice of its intent to terminate to the Responding Party. In the event of termination, the Vendor shall be paid for services performed satisfactorily under this Agreement up to the date of termination as set forth in provision entitled “Compensation.”

1.15 NON-APPROPRIATION OF FUNDS

The School may terminate the Contract in whole or in part due to insufficient funding or non-appropriation of funds with written notice to the Vendor. The School shall pay for the costs of all of the services provided by the Vendor, if any, incurred up to the date of the termination notice.

1.16 CONFIDENTIAL INFORMATION AND PROPRIETARY MATERIALS

All financial, statistical, operating and personnel materials, and information, including, but not limited to, technical manuals, plans, policy and procedure manuals, and computer programs relative to or utilized in either parties’ business or the business of any subsidiary or affiliate of parties shall be the property of the originating party and shall be confidential. Each party shall keep such information confidential and shall so instruct its 18 agents, employees, and independent contractors. The use of such information in any manner shall not affect the ownership or the confidential nature of such information. Neither party shall photocopy or otherwise duplicate any such materials without the prior written consent of the originating party.

The School agrees that all computer software programs, signage, marketing, and promotional literature and material (collectively referred to as "Proprietary Materials"), used by the Vendor at the School in connection with the Contract provided by the Vendor shall remain the property of the Vendor. Upon termination of the Contract, all use of trademarks, service marks, and logos owned by the Vendor or licensed to the Vendor by third parties shall be discontinued by the

School and return to the Vendor.

1.17 SUBCONTRACTOR AND ASSIGNMENT

Vendor shall not subcontract or assign any of the work contemplated under the Contract without first obtaining written approval to do so from School. Any approved subcontractor or assignee shall be bound by all the terms of the contract including the Confidential Information and

Indemnification provisions, and School may assert its rights against any or all such other parties.

Contractor shall furnish documentation and materials such as all licenses, certifications and governmental approvals, that it may have in its possession, required for its subcontractor or assignee to perform services under this Agreement, upon request to the School. All provisions applicable to the Vendor shall apply to the subcontractor or assignee without listing those provisions.

1.18 ENTIRE AGREEMENT

This Agreement is the sole and entire Agreement between the Parties relating to the subject matter hereof, and supersedes all prior understandings, agreements and documentation relating to such subject matter. Any modifications to the Contract must be in writing and signed by both

Parties.

1.19 WAIVER The waiver by either party of any breach of any covenant or condition of the

Contract shall not be construed as a waiver of any subsequent breach of such covenant or condition or of the breach of any other restrictive covenant or condition contained in the

Contract. 1.20 SUCCESSORS School may assign the rights and benefits given to it in the

Contract and the Contract shall survive any sale of assets, merger, consolidation, or other change in the corporate structure of School. Vendor shall not, voluntarily or involuntarily, sublicense, sell, assign, give or otherwise transfer the Contract without prior written consent from School.

1.21 SEVERABILITY

If any term, condition, or provision of the Contract shall be found to be illegal or unenforceable to any extent for any reason, such provision shall be modified or deleted so as to make the balance of the Contract, as modified, valid and enforceable to the fullest extent permitted by applicable law.

1.22 SURVIVORSHIP

Those sections that by their nature survive expiration or termination of the Contract will survive such expiration or termination.

1.23 AMENDMENT OR MODIFICATION

The Contract shall not be amended, revoked, altered or modified in whole or in part, except by an agreement in writing signed by the Parties. Such terms and conditions shall remain within the scope. Any and all modifications must be expressed in writing through an addendum and executed by the Parties prior to the enactment of such modifications.

1.24 GOVERNING LAW

The Contract shall be governed by and construed in accordance with the laws of the State of

Georgia, without regard to its conflict of law rules.

1.25 PREVAILING PARTY

Should any party hereto institute any action or proceeding in court to enforce any provision hereof or for damages by reason of an alleged breach of any provision of this Agreement or any exhibits or addenda, the prevailing party shall be entitled to recover from the losing party or parties such amount as the court may adjudge to be reasonable attorney’s fees for services rendered to the prevailing party in such action or proceeding. The term “prevailing party” as used in this Section shall include, without limitation, any party who is made a defendant in litigation in which damages and/or other relief may be sought against such party and a final judgment or decree is entered in such litigation in favor of such party defendant.

1.26 DISPUTE RESOLUTION

The Parties agree to submit all disputes arising under the Contract, or arising out of or related to the services to be provided under the Contract, to binding arbitration pursuant to the Rules of the

American Arbitration Association for resolving commercial disputes.

1.27 KNOWLEDGE OF RIGHTS AND DUTIES

The Parties have carefully reviewed and completely read all of the provisions of the Contract and understand and have been advised that they should consult with their own legal counsel for any and all explanations of their rights, duties, obligations and responsibilities hereunder.

1.28 NOTICES

All notices, requests, consents, claims, demands, waivers and other communications hereunder

(each, a "Notice") shall be in writing and addressed to the parties at the addresses set forth in the

RFP or to such other address that may be designated by the receiving party in writing. All

Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in the

Contract, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.

SECTION 2. SCOPE OF PROJECT

Artificial Turf

• Removal of existing artificial turf surface, and disposal.

• Re-grading of existing stone base, to restore proper slope and planarity.

• Install custom infilled artificial turf surface, including:

o All-green turf color, with cork or cork type infill o One (1) midfield logo, up to 30’ x 30’ in

Field marking and lining for the following sports:

• High School Football (11 player team) white inlaid permanent lines -https://www.nfhs.org/media/1019354/football_field_diagrams_2018.pdf

• High School Soccer alternate color lines -https://www.networldsports.com/buyers-guides/soccer-field-dimensions-guide#high-school

• High School Unifield Lacrosse alternate color lines -https://galaxref.com/universal-field/

400 M Running Track

• Removal and disposal of existing surface, patching of any asphalt cracks requiring repair.

• Installation of new 13mm rubberized running surface to include long jump boards

Track Lining & Markings:

• Complete markings for 8 lanes meeting all GHSA Track & Field Marking Requirements for competition track surface including all relay start and exchange zones, four turn stagger as well as dual alley markings - Microsoft Word - 2022 GHSA T&F Track Markings Requirements.docx

Add-Ons

a. Scoreboard Daxtronics Type Board i.Time, Home/Away Scores, Period Indicator, Down, To Go, Ball On, Time Outs Left.

b. 2 additional concrete pads and similar bleachers

c. Elevated type scorekeeper area

d. Conduits for security cameras LV

e. Drainage outside of field perimeter

f. Concrete main stairs from breezeway

Responses The following are required components of the response:

https://www.nfhs.org/media/1019354/football_field_diagrams_2018.pdf https://www.networldsports.com/buyers-guides/soccer-field-dimensions-guide#high-school https://www.networldsports.com/buyers-guides/soccer-field-dimensions-guide#high-school https://galaxref.com/universal-field/ https://www.ghsa.net/sites/default/files/documents/track/2022_GHSA_TF_Track_Markings_Requirements.pdf https://www.ghsa.net/sites/default/files/documents/track/2022_GHSA_TF_Track_Markings_Requirements.pdf

Pricing. Please separate turf and track pricing, but include any savings for pricing together. Include name of proposed products to be installed.

Proposed project schedule. The owner would like to have the project complete by mid-September 2025.

Site requirements. The owner may have limited laydown area. Please provide a plan for construction traffic management and amount of space required for lay-down and staging areas.

Proposal exclusions. Vendor will make every reasonable effort to avoid damage to all existing infrastructure including but not limited to Scoreboard conduit, (2) in field spigots, (2) in-field communication boxes. Vendor is responsible for any repairs deemed necessary as a result of damage caused by Vendor during demolition and installation.

Proposal assumptions. Work will take place during regular operating hours and abide by current City of Atlanta noise regulations. Vendor has the opportunity to work outside of regular business hours and on weekends if deemed cost/effective or efficient however, vendor will not charge a premium to the customer. Vendor will include and provide all the necessary temporary fencing to secure the staging area which will be limited to the Athletic Field Parking lot.

Miscellaneous Information. Staging area will be limited to existing Athletic Field Parking area. Vendor will be required to provide security to monitor materials and construction area.

ATTACHMENT A

COST PROPOSAL

The construction cost or stated cost limitation (SCL) of the project should be determined by the:

• All Related Construction Costs - based on the scope indicated, the existing construction documents for the existing spaces, the schematic designs for the new enclosures provided, and details derived from the site visit and walk through as indicated in RFP timeline provided

• Design Contract – based on the pre-determined scope and development of required construction drawings.

• Project Management Fees – A dedicated project manager shall be assigned to coordinate services

• Permit & Impact Fees – As required or if waived the provision of all copies and documentation in addition to any additional anticipated consulting costs or pass through reimbursements.

Other Services included, at a minimum, but not limited to:

100% Construction Documents

Furniture, Fixtures & Equipment Specifications

Signage, Branding, Graphics and Wayfinding

Structural Design

Mechanical, Electrical, Plumbing and Fire Protection tie ins plans to existing services

Acoustical Design to match existing

Low Voltage and Lighting Design to match existing

Permitting (as required)

Code Review & Compliance

ADA and Universal Design Compliance to match existing

ATTACHMENT H

NO PROPOSAL REPLY FORM

Contract Title:

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