Invitation to Bid # 26-017 -Tennis Court - Resurfacing Project

Invitation to Bid # 26-017
Tennis Court - Resurfacing Project
BID DUE DATE:
Tuesday, July 28, 2026, at 2:00 p.m. EST.
Instructions to Bidders:
1. All communications regarding this solicitation must be with the Purchasing Specialist, Kadi-
Anne Cole, purchasing@fairburn.com.
Bidders must submit proposals via the Bidnet website at https://www.bidnetdirect.com/. The
submittals must be received by Tuesday, July 28, 2026, at 2:00 p.m. EST. At which time the
submitted bids will be opened publicly and read aloud at 314 NW Broad Street Fairburn, GA
30213. All documents must be signed excluding the Contract. the bid opening will not be in person,
it will be via teleconference. The call-in number is: +1 (605) 475-4022. The Access Code is:
507-837. No bid may be modified, withdrawn, or canceled for a period of 60 days after the time
designated for receipt of bids or until notified by Owner, whichever is sooner. The City reserves the
right to reject any and all bids and to waive irregularities, technicalities, and informalities.
2.
Mandatory Pre-Bid Site Visit Location: Duncan Park - 6000 Rivertown Road, Fairburn, Ga
30213: Thursday July 9, 2026, 11:00AM EST
3. All questions or requests for clarification must be sent via the Bidnet website at
https://www.bidnetdirect.com/ and are due by Thursday July 16, 2026, at 4:00 p.m. EST.
Questions received after this date and time may not be answered.
4. Questions and clarifications will be answered in the form of an addendum. Any addenda, schedule
changes, and other important information regarding the solicitation related to this solicitation will
be posted on the Bidnet website at https://www.bidnetdirect.com/ and it is the Offeror's
responsibility to check the Bidnet portal for any addendum or other communications related to this
solicitation.
5. The City of Fairburn reserves the right to reject all bids and to waive technicalities and
informalities, and to make an award in the best interest of the City of Fairburn.
6. The City of Fairburn is not responsible for any technical difficulties. It is highly recommended that
all potential contractors submit their quotes prior to the due date of this solicitation.

EXHIBIT A
GENERAL CONDITIONS
1. SCOPE OF WORK
The Contract will be to provide services to the City in accordance with the Contract Documents. All
work shall be performed in accordance with the Scope of Services attached hereto as Exhibit B.
2. REGULATIONS
2.1 The Service Provides shall comply with all applicable federal, state, and local laws, ordinances,
rules and regulations pertaining to the performance of the work specified herein.
2.2 The Service Provider shall obtain all permits, licenses, and certificates, or any such approvals of plans
or specifications as may be required by Federal, State, and local laws, ordinance, rules, and
regulations, for the proper execution of the work specified herein.
2.3 During the performance of this Contract, the Service Provider shall keep current and, if requested by
the City, provide copies of all licenses, registrations or permits required by applicable governing
agencies, The Service Provider shall keep a copy of all licenses, registrations and permits on the
job site while performing the Contract work.
2.4 The Service Provider will comply with the City of Fairburn's Financial Management and Purchasing
Policies.
2.5 The Service Provider will complete all work in accordance with all applicable legal requirements,
including but not limited to O.C.G.A. 50-5-63, as applicable.
3. WORK HOURS
3.1 The Contractor shall normally perform on-site work during Standard Work Hours which are between
7:00 a.m. and 5:00 p.m., Monday through Friday, excluding City's observed holidays. The city may
require the Contractor to perform work on the city's premises during Non-standard Work Hours
which are outside the Standard Work Hours. Non- Standard Work Hours may be arranged with
prior written approval of the City. The Contractor shall advise the City no less than 48 hours in
advance of its projected work schedule. The Contractor shall perform no work during City observed
holidays without the prior written permission of the City.
3.2 In the event an emergency condition is declared by the City's Director of his respective designee, the
Contractor will perform work during such hours as requested by the City.
3.3 The city may order the Service Provider to suspend, delay, or interrupt all or any part of the work for
such a period as he may determine appropriate for the convenience of the City. The time for
completion of the work shall be extended by the number of days their work is suspended. The City
shall not be responsible for any claims, damages or costs stemming from any delay of the work.

GENERAL CONDITIONS
4. SERVICE PROVIDER'S PERSONNEL
4.1 The Service Provider will abide by all State and Federal regulations on wages and hours of an employee
dealing with the employment relationship between the Service Provider and its subsidiaries or
related parties and its employees, including but not limited to the Federal National Labor Relations
Act, the Federal Fair Labor Standards Act, the Federal Civil Rights Act of 1964, as amended, and
the Americans with Disabilities Act.
4.2 The Service Provider shall require all prospective employees to show proof of citizenship, or proof
from the United States Immigration and Naturalization Service of valid entry permits and/or work
permits for legal aliens and proof that such legal aliens are eligible to be employed in the United
States. This includes any requirement for participation in the DHS E-Verify or SAVE program.
4.3 Should the Service Provider engage employees who are illiterate in English, it will be the Service
Provider's responsibility and obligation to train such employees to be able to identify and
understand all signs and notices in and /or around the areas that relate to them, or the services being
performed by them pursuant to this Contract. In addition, the Service Provider will always have
someone in attendance who can communicate instructions to said employee.
4.4 The Service Provider shall maintain a drug-free workplace within the meaning of the Georgia Drug-
free Workplace Act. No employee shall be hired by a Service Provider for work on the City's
premises prior to such employee having tested negative for drugs. In addition, existing employees
have tested negative for drugs. In addition, existing employees of the Service Provider must be
subject to drug testing by the Service Provider upon reasonable suspicion of drug use. Results of
all such drug tests are to be retained by the Service Provider. Copies shall be provided to the City
if requested.
4.5 The Service Provider shall transfer promptly from the City any employee or employees that the City
advises are not satisfactory and replace such personnel with employees satisfactory to the City; but
in no event shall the City be responsible for monitoring or assessing the suitability of any employee
or agent of the Service Provider.
4.6 The Service Provider's employees shall be instructed that no gratuities shall be solicited or accepted
for any reason whatsoever from the tenants, customers, or other persons at the City.
4.7 A valid driver license (Commercial Driver License, if applicable) will be required of all personnel
operating motor vehicles or motorized equipment on roadways in or around the city.
4.8 While working on city property all Service Provider's employees shall wear neat-appearing business
casual attire or uniforms with the company name and/ or logo and footwear of a style that complies
with all legal and safety requirements, including and without limitation, the requirements of OSHA.
4.9 Designation of Supervisor-the Service Provider shall designate an experienced Supervisor
("Supervisor") acceptable to the City for all purposes related to the work. The initial Supervisor
shall be (TBD).

GENERAL CONDITIONS
4.9.1 The Supervisor shall be fully responsible for the Service Provider meeting all its obligations
under this Contract. The Supervisor shall provide the City with an appropriate status report
on the progress of the project.
4.9.2 The Supervisor shall be available, as reasonably required, to be on-site during necessary
times. Such times shall be discussed between the Supervisor and the City, but the final
required times will be the City's discretion.
4.9.3 In the event that the designated Supervisor terminates employment with the Service Provider
or is requested by the City to be removed from the role of Supervisor (as provided in
Section 4.5), the position shall be assumed by an individual with equivalent qualifications,
experience, and knowledge. Such replacement shall require the City's prior approval.
4.9.4 The process by which the implementation partner requests the removal of a team member
from the project. If a Service Provider replaces a proposed team member, the Service
Provider shall replace that team member of similar experience. The City reserves the right to
accept or reject any proposed or replacement team member, with or without cause, at any
time during the duration of the project.
5. TOOLS AND EQUIPMENT
It shall be the sole responsibility of the Service Provider to provide for all tools, parts, and
equipment necessary to perform work under this Contract.
6. PERFORMANCE REQUIREMENTS
6.1 The Service Provider shall perform all its obligations and functions under the Contract in
accordance with the Contract specifications and industry standards. The Service Provider
shall adjust and coordinate its activities to the needs and requirements of the City and
perform its activities so as not to annoy, disturb, endanger, unreasonably interfere with, or
delay the operations or activities of the City.
6.2 The Service Provider's personnel shall perform work in compliance with all Federal, State, and
City of Fairburn regulations.
6.3 Dates for commencement and completion of work shall be coordinated with the City's
Authorized Representative (CAR).
6.4 Any work required beyond that which is specified herein shall be reported in advance to the
City. At no time shall work beyond the scope be performed without prior written
authorization from the City.

GENERAL CONDITIONS
6.5 The Service Provider shall utilize maximum safety procedures. Tools and equipment will be
in a good state of repair, safe to use, and be used in the way they were intended. The Service
Provider is required to inform all workers and concerned
persons of the Material Safety Data on all products being utilized on this project. No
materials or equipment will be left unattended at any time.
7. CONFIDENTIAL INFORMATION
7.1 In the course of performing the contract work, the Service Provider may gain access to security-
sensitive and other sensitive information of the City.
7.2 The Service Provider agrees to hold all City data and information in confidence and to make
such information known only to its employees and subcontracts who have a legitimate need
to know such information and only after advising such persons of the Service Provider's
non-disclosure obligations.
7.3 The Service Provider shall seek the City's prior written consent before using for any purpose
other than the fulfillment of the Service Provider's obligations hereunder, or before releasing,
disclosing, or otherwise making such information available to any other person.
7.4 The Service Provider shall employ such practices and take such actions to protect the City's
information from unauthorized use or disclosure as the Service Provider employs and takes
to protect its own information, but in no event shall the Service Provider use less than
reasonable efforts to protect the City's information.
7.5 The provisions of this Section shall survive the expiration or earlier termination of the Contract.
8. USE OF PREMISES
During the progress of the work specified herein, to the extent any work is performed on the City's
premises, the Service Provider shall keep the premises free from accumulation of waste materials,
and other debris resulting from, work and about the premises as well as tools, equipment, machinery,
and surplus material, and leave the site clean and ready for occupancy by the City.
9. SAFETY AND PROTECTION
The Service Provider shall be solely and completely responsible for initiating, maintaining and
supervising all safety precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to all employees on the worksite and other persons including, but
not limited to, the general public who may be affected thereby.

GENERAL CONDITIONS
10. COMPENSATION - INVOICE AND PAYMENT FOR SERVICES
10.1 The City shall pay the Service Provider, subject to any authorized deductions, the applicable
prices set forth for each service authorized by the City, and delivered or performed, as the
case may be, by the Service Provider to the satisfaction and
acceptance, as appropriate, of the City. The timing of such payments shall be as set forth
below in the Section.
10.2 The Service Provider shall invoice with such supporting documentation and other backup
material as the City may reasonably require. The Service Provider shall provide the Proof
of Payment attached as an Exhibit hereto, indicating all subcontractors have paid, with each
invoice.
10.3 The Service Provider shall deliver to the City approval and acceptance, and before eligible
for final payment of any amounts due, all documents and material prepared by the Service
Provider for the City under this Contract.
10.4 The City shall pay the undisputed amount of the Service Provider's invoice, as it may be
reduced to reflect unsubstantiated or unsatisfactory service. Items in dispute shall be paid
upon the resolution of the dispute. No verification or payment of any amounts invoiced
shall preclude the City from recovering any money paid more than that due under the terms
of this Contract.
10.5 The Service Provider shall be obligated to pay promptly all proper charges and costs incurred
by the Service Provider for labor and expenses incurred for the work performed here under.
The City shall have the right, but not the obligation, to pay directly to third parties (including
subcontractors) all past due amounts owed by the Service Provider to third parties for
labor and materials used for the work hereunder, based on invoices submitted by such
third party, and all such amounts paid by the City shall be applied toward, and shall reduce,
amount owed to Service Provider hereunder.
10.6 The Service Provider shall submit all invoices to City of Fairburn the Finance Department
electronically to finance@fairburn.com or send to 314 NW Broad Street, Fairburn, GA
30213.
10.7 The Service Provider will agree to comply with the City of Fairburn's Financial Policies and
Purchasing Policy, to the extent applicable.
10.8 The Service Provider agrees that the compensation provided herein shall be full and final
settlement of all claims arising against Fairburn for work done, materials furnished, costs
incurred or otherwise arising out of this contract and shall release the City from all further
claims related to the payment for services and materials furnished in connection with this
Agreement.

GENERAL CONDITIONS
10.9 The Service Provider and City agree that in any event a provision of this Contract pertaining
to the time of payment, the rate of payment, and any rates of interest differs from any
provision of the Prompt Pay Act, such provisions of the Prompt Pay Act are hereby waived
and said Contract provision shall control. The City shall not be responsible for any interest
penalty or for any late payment.
11. COMPLIANCE WITH LAWS AND REGULATIONS
11.1 The Service Provider shall perform its obligations and functions hereunder in compliance
with the applicable laws of the United States, the State of Georgia, Fulton. County, the City
of Fairburn, any applicable rules, regulations, or directives of any agency thereof, and the
applicable regulations of the City. OSHA rules and regulations shall always be followed.
The City shall have the right (but not the obligation) to contest or challenge by any means
whatsoever any law, regulation, rule or directive which in any way affects or otherwise
impacts upon the Service Provider's performance of its obligations and functions
hereunder; the Service Provider shall cooperate to the fullest extent and take whatever
action (including becoming a party in any litigation) the City should reasonable request in
connection with any such challenge or contest by the City.
11.2 The Service Provider shall obtain and keep current all licenses, permits and authorizations,
whether municipal, county, state, or deferral, required for the performance of its obligations
and functions hereunder and shall pay promptly when due all fees, therefore.
11.3 The Service Provider shall abide by all applicable state and federal regulations pertaining to
wages and hours of employees, including but not limited to the Service Provider's compliance
with requirements of O.C.G.A. 13-10-91 AND Rule 300-104-1-.02.
12. SERVICE PROVIDER'S LIABILITY
The Service Provider shall be responsible for the prompt payment of any fines imposed on the city
or the Service Provider by any other federal, state or local governmental agency as a result of the
Service Provider's, or its subcontractor's (or the officers' directors', employees' or agents' of
either), failure to comply with the requirements of any law or any governmental agency rule,
regulation, order or permit. The liability of the Service Provider under this Section 12 is in addition
to and in no way a limitation upon any other liabilities and responsibilities which may be imposed
by applicable law or by the indemnification provision of Section 13 hereof, and such liability shall
survive the expiration or earlier termination of this Contract.

GENERAL CONDITIONS
13. INDEMNIFICATION AND INSURANCE
13.1 The Service Provider shall, to the extent allowed under Georgia law, indemnify, defend and
hold completely harmless the City, and the members (including, without limitation,
members of the City's Council, and members of the boards and of the City), officers,
employees and agents of each, from and against any and all liabilities (including statutory
liability and liability under Workers' Compensation Laws), losses, suits, claims, demands,
judgments, fines, damages, costs and expenses (including all costs for investigation and
defense thereof, including, but not limited to, court costs, paralegal and expert fees and
reasonable attorneys' fees) which may be incurred by, charged to or recovered from any of
the foregoing by (i) reason or on account of damage to or destruction or loss of any property
of the City, or any property of, injury to or death of any person resulting from or arising out
of or in connection with the performance of this Contract, or the acts or omissions of the
Service Provider's directors, officers, agents, employees, subcontractors, licensees or
invitees, in connection with the performance of this contract regardless of where the
damage, destruction, injury or death occurred, unless such liability, loss, suit, claim,
demand, judgment, fine, damage, cost or expense was proximately caused solely by the
City's negligence or by the joint negligence of the City and any person other that the
Service Provider or the Service Provider's directors, officers, agents, employees,
subcontractors, licensees, or invitees, or (ii) arising out of or in connection with the failure
of the Service Provider to keep, observe or perform any of the covenants or agreements in
this Contract which required to be kept, observed or performed by the Service Provider, or
(iii) arising out of or in connection with any claim, suit, assessment or judgment prohibited
by Section 13.4 below by or in favor of any person described in Section 13.5 below, or (iv)
arising out of or in connection with any action by Service Provider or its directors, officers,
agents, employees, subcontractors, licensees or invitees. The City agrees to give the Service
Provider reasonable notice of any suit or claim for which indemnification will be sought
hereunder, to allow the Service Provider or its insurer to compromise and defend the same
to the extent of its interest, and to reasonably cooperate with the defense of any such suit
or claim.
In carrying out its obligations under this section, the Service Provider shall engage counsel
reasonably acceptable to the City. In any suit, action, proceeding, claim or demand brought
in respect of which the City may pursue indemnity, the City shall have the right to retain its
own counsel, but the fees and expenses of such counsel shall be at the expense of the City
unless (1) the Service Provider and the City shall have mutually agreed to the contrary, (2)
the Service Provider has failed within a reasonable time to retain counsel reasonably
satisfactory to the City, or (3) the City and the Service Provider are both name parties in any
such proceeding and, in the sole judgment of the City, representation of both the City
and the Service

GENERAL CONDITIONS
Provider by the same counsel would be inappropriate due to actual or potential differing
interests between them. The indemnification provisions of Section 14 shall survive the
expiration or earlier termination of this Contract with respect to any acts or omissions
occurring during the term of the Contract. Notwithstanding anything contained in the
foregoing indemnity, any claim for indemnity by the City for claims of thirds parties alleging
harm due to the professional services provided by Service Provider, to the fullest extent
permitted by law, Service Provider shall indemnify City from and against losses, damages,
and judgments arising from such claims by third parties, including reasonable attorneys' fees
and expenses recoverable under
applicable law, but only to the extent they are found to have been caused by a negligent act,
error or omission of Service Provider or its sub-Service Providers in the performance of
professional services under this Agreement.
13.2 In addition to indemnification provisions stated above, if the City's use of any service, software,
firmware, programming, or other item provided by or on behalf of the Service Provider is
enjoined due to infringement of another person or entity's intellectual property rights, the
Service Provider shall promptly, at its sole cost and expense, modify the infringing item so
that it no longer infringes, procure for the City the legal right to continue using the
infringing item, or procure for the City a non-infringing item, or procure for the City a non-
infringing replacement item having equal or greater functional capabilities as the infringing
item.
13.3 The Service Provider shall assume all responsibility for loss caused by neglect or violation of
any state, federal, municipal or agency law, rule, regulation or order. The Service Provider
shall give to the proper authorities all required notices relating to its performance, obtain all
official permits and licenses, and pay all proper fees and taxes. It shall promptly undertake
proper monetary restitution with respect to any injury that may occur to any building,
structure or utility in consequence of its work. The Service Provider will notify the City in
writing of any claim made or suit instituted against the Service Provider because of its
activities in the performance of the Contract.
13.4 No recourse under or upon any obligation, covenant or agreement contained in this Contract,
or any other agreement or document pertaining to the work or services of the Service
Provider hereunder, as such may from time to time be altered or amended in accordance
with the provisions hereof, or any judgment obtained against the City, or by the
enforcement of any assessment or by any legal or equitable proceeding by virtue of any
statute or otherwise, under or independent of this Contract, shall be had against any member
(including without limitation members of the City's Council, or members of the citizens
advisory committees of each), any officer, employee or agent, as such, past, present, or
future of the City, either directly or through the City or otherwise for any claim arising out
of or in connection with this Contract or the work or services conducted pursuant to it, or

GENERAL CONDITIONS
for any sum that may be due and unpaid by the City. Any and all personal liability of every
nature, whether at common law or in equity, or by statue or by constitution or otherwise, of
any such member, officer, employee, or agent, as such, to respond by reason of any act or
omission on his or her part or otherwise for any claim arising out of or in connection with
this Contract or the work or services conducted pursuant to it, or for the payment for or to
the City, or any receiver therefore or otherwise, or any sum that may remain due and unpaid
by the City, is expressly waived and released as a condition of and in consideration of the
execution of this Contract and the promises made to the Service Provider pursuant to this
Contract.
13.5 In any and all claims against the City, or any of their officers, members, agents, servants or
employees, by any employee of the Service Provider, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable,
the indemnification obligation of the Service Provider under this Section 13 shall not be
limited in any way by any limitation on the amount or type of damages, compensation or
benefit payable by or for the Service Provider or any subcontractor under Workers'
Compensation Acts, disability benefit acts or other employee benefit acts.
13.6 No provisions of Section 13 herein shall be construed to negate, abridge, or otherwise reduce
any other right of indemnity that the City may have as to any party or person described
therein.
13.7 Insurance
13.7.1 General Liability and Automobile Liability. The Service Provider shall purchase
and maintain in force during the term of the Contract, at its own cost and expense,
to protect the Service Provider, the City, and the members (including, without
limitation, all members of the governing City's Council and the citizens' advisory
committees of each), officers agents, and employees of each, from and against any
and all liabilities arising out of or in connection with the Service Provider's
performance of the Contract work:
(1) Commercial general liability insurance with coverage of not less than FIVE HUNDRED
THOUSAND DOLLARS ($,500,000.00) combined single limit per occurrence, and with
contractual liability coverage for Service Provider's covenants to and indemnification of the
City under the Contract, and
(2) Automobile liability insurance with policy limits of not less than
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) combined
single limit per accident or occurrence covering each motor vehicle
operating on City property.