INVITATION TO BID# 26-019 FAIRBURN BASKETBALL COURT RESURFACING

Invitation to Bid# 26-019
Fairburn Basketball Court Resurfacing
BID DUE DATE:
Monday, July 27, 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 Monday, July 27, 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.
Mandatory Pre-Bid Site Visit Location: Duncan Park 6000 Rivertown Road, Fairburn
GA 30213Fairburn GA 30213: Thursday July 9, 2026, 10:00AM EST
2. All questions or requests for clarification must be sent via the Bidnet website at
https://www.bidnetdirect.com/ and are due by Wednesday July 15, 2026, at 4:00 p.m.
EST. Questions received after this date and time may not be answered.
3. 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.
4. 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.
5. 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
0

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.