25_056 Cistern Repairs.pdf

INVITATION TO BID 25-056

Cistern Repairs

BID DUE DATE July 23, 2025, 2:00 PM EST Join Microsoft Teams Meeting Meeting ID: 283 914 442 656 0

Passcode: v57br9md Dial in by phone: 1 872-242-8893

Phone conference ID: : 559 492 323#

NON-MANDATORY PRE-BID CONFERENCE ATTENDANCE AND SITE WALK

Time: June 20, 2025, 2:00 PM Eastern Time (US and Canada)

Non-mandatory Pre-Bid Conference Registration Link:

https://events.gcc.teams.microsoft.com/event/c04d24de-523f-4a39-80a5-2ac7a2ad12dd@c6279049-e794-4541-8247-

8e8261a33321

On-site: 1 Galambos Way, Sandy Springs, GA 30328 *The On-site meeting requires a contractor’s site visit release form to be completed and signed by the and submitted with the bid submission*

QUESTIONS DUE

July 2, 2025, 5:00 P.M. EST

Bids shall only be accepted online through the Bonfire Portal at:

https://sandysprings.bonfirehub.com/projectDrafts/190759/details Any proposal submitted in any other format (email, paper, fax, mail, etc.) will not be accepted for any reason

GENERAL INFORMATION:

1. All communications regarding this solicitation must be with the assigned Procurement Agent, Ericka Kelly, ekelly@sandyspringsga.gov.

2. All questions or requests for clarification must be sent via Bonfire under Message Vendor Discussions:

https://sandysprings.bonfirehub.com/projectDrafts/190759/details Questions are due no later than July 2, 2025, 5:00 P.M. EST Questions received after this date and time may not be answered. There is a pre-bid meeting associated with this solicitation.

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 Bonfire website at https://sandysprings.bonfirehub.com/projectDrafts/190759/details. It is the Offeror’s responsibility to check the Bonfire portal for any addendum or other communications related to this solicitation.

4. The form of contract (“Contract”) the City intends to execute with the successful Offeror is included in this ITB.

Offerors are urged to read this Contract, including exhibits carefully prior to submitting a bid. In general, the City is unable to negotiate or revise contract provisions. If an Offeror believes certain contract provisions are out of date, not applicable or place an undue burden or cost on the Offeror or the City, the Offeror must address these concerns in writing during the question and answer period. The Procurement Manager will review and determine https://events.gcc.teams.microsoft.com/event/c04d24de-523f-4a39-80a5-2ac7a2ad12dd@c6279049-e794-4541-8247-8e8261a33321 https://events.gcc.teams.microsoft.com/event/c04d24de-523f-4a39-80a5-2ac7a2ad12dd@c6279049-e794-4541-8247-8e8261a33321 https://sandysprings.bonfirehub.com/projects/173906/details mailto:ekelly@sandyspringsga.gov https://sandysprings.bonfirehub.com/projects/173906/details https://sandysprings.bonfirehub.com/projects/173906/details the appropriate response. If the City determines a change is warranted, an addendum will be posted to this ITB.

If a firm is unwilling to execute the Contract, whether modified by addendum or not, a bid should not be submitted.

5. The City of Sandy Springs reserves the right to reject all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Sandy Springs.

6. The City of Sandy Springs 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.

TERMS & CONDITIONS

1. All applicable Federal and State of Georgia laws and City of Sandy Springs ordinances, licenses and regulations of all agencies having jurisdiction shall apply to Offerors throughout and are incorporated herein.

2. Professionals requiring special licenses shall be licensed in the State of Georgia, and shall be responsible for those portions of the work as may be required by law.

3. No bid shall be accepted from, and no contract will be awarded to, any person, firm, or corporation that (i) is in arrears to the City with respect to any debt, (ii) is in default with respect to any obligation to the City, or (iii) is deemed irresponsible or unreliable by the City.

4. The City shall be able to request of an Offeror satisfactory evidence that it has the necessary financial resources to accomplish the requirements of the contract.

5. From the date this ITB is issued until a firm is selected, Offerors are not allowed to communicate with any staff or elected officials of the City regarding this solicitation, except at the direction of Ericka Kelly, Procurement Agent in charge of this solicitation. Any unauthorized contact may disqualify the Offeror from further consideration.

Contact information for the single point of contact is as follows:

Ericka Kelly, Procurement Agent

City of Sandy Springs

1 Galambos Way

Sandy Springs, Georgia 30328

Email: ekelly@sandyspringsga.gov

6. While the City has every intention to make an award as a result of this solicitation, issuance of the ITB in no way constitutes a commitment by the City to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to:

a. Cancel or terminate this ITB at any time. A notice of cancellation will be issued. If the ITB is cancelled, the City will not reimburse any Offeror for preparation of its Proposal. Proposals may be returned upon request if unopened;

b. Reject any or all Bids received, make a contract award based directly on the Proposals received in the best interest of the City, in its sole discretion, or enter into further discussions with one (1) or more Offerors;

c. Waive and/or amend any undesirable, inconsequential, or inconsistent provisions/specifications of this ITB which would not have significant impact on any Proposal;

mailto:ekelly@sandyspringsga.gov

d. Make partial award or no award if it is in the best interest of the City to do so; and

e. Terminate any contract if the City determines adequate funds are not available.

7. Gratuities, Rebates, or Kickbacks

a. Gratuities. It is prohibited for any person to offer, give, or agree to give any City Representative, or for any City Representative to solicit, demand, accept, or agree to accept from another person, a gratuity, rebate or offer of employment in connection with any decision, approval, disapproval, recommendation or preparation of any part of a Procurement requirement or a purchase request, influencing the content of any Specification or Procurement standard, rendering of advice, investigation, auditing or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any Procurement requirement or a Contract or subcontract, or to any Solicitation or response therefore, in any manner inconsistent with the State of Georgia’s Department of Administrative Services Gratuity Policy located in the Georgia Procurement Manual Section I.4.

b. Kickbacks. It is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a Contract to the prime Contractor or higher tier subcontractor, or any person associated therewith, as an inducement for the Award of a subcontract or Purchase Order.

c. Rebates. It is prohibited for any rebate to be offered for the sole purpose of inducement.

Rebates normally or routinely offered to all customers for the purchase of Goods and Services are acceptable and are the property of the City.

d. Nothing in this section shall preclude a City Representative from attending seminars, courses, lectures, briefings, or similar functions at any Vendor's facility or at any other place if any such seminar, course, lecture, briefing, or similar function is for the purpose of furnishing the City Representative with knowledge and information relative to the Vendor's Goods or Services and is one the City Manager determines would be beneficial to the City. In connection with any such seminar, course, lecture, briefing, or similar function, nothing shall preclude the City Representative from receiving meals from a Vendor. Nothing in this section shall preclude the City Representative from receiving educational materials and business-related items of not more than nominal value from a Vendor. Nothing contained in this section shall permit the City Representative to accept Free travel from the Vendor outside the State of Georgia or free lodging in or outside the State of Georgia.

DEFINITIONS

GDOT: Georgia Department of Transportation

ADA: Americans with Disabilities Act. The federal act that gives civil rights protections to the disabled similar to those provided to individuals based on race, color, sex, national origin, age and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services and telecommunications.

CONTRACT DOCUMENTS: Contract Agreement. General Conditions, Appendices, Special Provisions, Technical Specifications, Drawings and Plans, Bidding Documents, Exhibits

EA: Each

GAL: Gallon

LF: Lineal Feet

LS: Lump Sum

SY: Square Yard

TN: Ton

OWNER: City of Sandy Springs

Contractor: The Prime Contractor for the Construction Project.

DOL: U.S. Department of Labor

Best Management Practices: a practice or combination of practices that is an effective, practicable means of preventing or reducing the amount of pollution generated by nonpoint sources.

SECTION 1: BACKGROUND AND GENERAL INFORMATION

A. Purpose and Summary of Procurement

The existing cistern, approximately 94 feet 56 feet x 12 feet high, is constructed of modular precast reinforced concrete panels and designed to hold approximately 300,000 gallons of water and includes two access hatches, each measuring approximately 4 feet by 4 feet, to allow for entry and exit. Two internal pumps supply irrigation and fountain water for the city.

Originally, in July 2016, the cistern was designed as a cast-in-place structure. However, during the construction phase, the design was changed to a precast system. This change has led to ongoing waterproofing and contamination issues throughout the life of the structure. While the cistern was put into limited use in 2017, it has not been consistently functional or effectively used since that time.

In 2020, a bypass line was installed within the cistern to divert water flow, allowing for repairs to the pumps and for cleaning and evaluation of both structural and waterproofing concerns.

In 2024, the structure was pressure washed, and Nelu Engineering was contracted to assess the structural integrity of the cistern. While no visual structural deficiencies were observed, intermittent spalling of the concrete and surface corrosion of the reinforcing steel were noted throughout and require repair.

Also in 2024, Kimley-Horn (A&E) was engaged to inspect the cistern and provided design documents (see attached " Sandy Springs City Center Cistern Baffle Wall Repairs") recommending the installation of concrete baffle walls to reduce turbidity and sediment entering the system. Kimley-Horn also identified numerous caulk joints within the cistern that require removal, surface preparation, and re-caulking to address waterproofing concerns.

SECTION 2: SCOPE OF SERVICES

A. Project Scope

The Project includes the installation of concrete baffle walls within the cistern and removal/repair of existing caulk joints and replacement with new caulk. New joint prep and joint caulking. Repairs to spalled concrete areas after cleaning and removal of reinforcing steel corrosion.

The Project site, is the City Green and is the location of City events, public activity, and concerts throughout the year. The City envisions constant protection of any work areas or access areas from the public at all times. Work hours will need to be modified to account for City events and concerts.

The following additional summary outlines some of the elements required for the construction of this

Project. The major elements include, but are not limited to:

• The cistern is determined to be a confined space according to OSHA guidelines so all contractors will be required to be confined space certified and a confined space action plan created in order to comply with all OSHA requirements for this project.

• Coordinate with the City’s Facility Department every couple of days to ensure city events are coordinated with construction work.

• Temporary fencing with windscreen is required for any materials, equipment, tools, or other public nuisance items that the contractor may require within the Green area that will be left after normal work hours.

• Temporary protection of the Green artificial turf, pavers, and surrounding hardscapes/landscapes is the responsibility of the contractor.

• Power and water are available for contractor’s use.

• Temporary storage area for construction materials is available for the contractor.

B. Project Deliverables

Project deliverables shall include all items listed in the Sandy Springs City Center Cistern Baffle Wall

Repairs (Plan sheets S001 – S102) - Project Scope, and in all plans, specifications and manuals for the

Project.

C. Schedule

Schedule

The Offeror shall acknowledge that schedule coordination with The City is of utmost importance and adherence to the schedule of activities as agreed to by the City’s Facility Department.

BIDDING INSTRUCTIONS

Failure to submit the following bid documents may result in the bid being deemed non-responsive and the bid shall be rejected:

City Bid Form City Qualification Signature and Certification Form Bid Schedule Bid Price Certification

E-verify Affidavit under O.C.G.A. 13-10-91(b)(1) Addenda Acknowledgment Subcontractor List Bid Bond (If Bid Price Exceeds $100,000) References Addendums (if applicable) Certification of Sponsor Drug Free Workplace Georgia Security Immigration Compliance Act Affidavit Corporate Certificate Notice to Contractors Compliance with Electrical Safety Provisions Affidavit verifying Status for City Public Benefit Application OSHA 10/30 Hour Certification General Contractors License

Upon award of contract the following items shall also be submitted:

Certificate of Insurance Performance Bond Payment Bond Signed Contract

BID FORM

(Bidder to sign and return)

TO: PURCHASING MANAGER

CITY OF SANDY SPRINGS

SANDY SPRINGS, GEORGIA 30350

Ladies and Gentlemen:

In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Sandy Springs, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for:

ITB #25-056 Cistern Repairs

The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Sandy Springs in full conformance with the Contract Documents.

Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). All materials used in the process of completion of the work included in the Contract will be furnished from Georgia Department of Transportation certified suppliers only.

It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents.

In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated.

The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled.

The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment within ten (10) calendar days from receipt of Notice to Proceed.

The Bidder shall be responsible for installing and maintaining the “Best Management Practices” (BMP’s) throughout the term of the project.

If this bid shall be accepted by the City of Sandy Springs and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Sandy Springs may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond or certified check shall be forfeited to the City of Sandy Springs as liquidated damages.

Bidder acknowledges receipt of the following addenda:

Addendum No. Date Received

Bidder further declares that the full name and resident address of Bidder’s Principal is as follows:

Signed, sealed, and dated this day of

Bidder

Company Name

Seal

Bidder Mailing Address:

By:

Title: _

By:

Title:

QUALIFICATIONS SIGNATURE AND CERTIFICATION FORM

(Bidder to sign and return)

I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud.

I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45- 10-20 et. seq., have not been violated and will not be violated in any respect.

Authorized Signature Date_

Print/Type Name_______________________________________________________

Email Address

Print/Type Company Name Here_ __________________________________________

REQUEST FOR REFERENCES

INVITATION TO BID # 25-056

Cistern Repairs

All references must be from customers for whom your company has provided projects completed in the last five years of similar scope and services as the specifications of

Invitation to Bid #25-056 Cistern Repairs

References for: _______________________________________

(Company Name)

1. Company ______________________________________________________________

Street Address ____________________________________________________________

City, State & Zip ___________________________________________________________

Contact Person Name_______________________________ Phone___________________

Email address______________________________________________________________

Describe specific job performed and date: _______________________________________

2. Company_______________________________________________________________

Street Address _____________________________________________________________

City, State & Zip ___________________________________________________________

Contact Person Name________________________________ Phone___________________

Email address______________________________________________________________

Describe specific job performed and date: ________________________________________

3. Company _______________________________________________________________

Street Address ______________________________________________________________

City, State & Zip ____________________________________________________________

Contact Person Name ______________________________ Phone ____________________

Email address______________________________________________________________

Describe specific job performed and date: ________________________________________

Bid Schedule

Base Bid

1 Construction of the baffle walls $_______

2 Removal/prep/recaulking 400 LF $_______

3 New prep/backer rod/caulk 500 LF $_______

Grand total for Items (1, 2, 3)

Unit Prices Hourly Rate

(X) Estimated

Hours Grand Total

5 Foreman Time ____$/HR

6 Mechanic Time ____$/HR

7 Laborer Time ____$/HR

Unit Cost Hourly Rate

(X) Estimated

Hours Grand Total

8 Unit cost to add per LF of open joint/prep/caulk ____$/LF

9 Unit cost to deduct per LF of open joint/prep/caulk ____$/LF

10 Unit price to add per LF of removal of existing caulk joint/pre/re-caulk _____$LF

11 Unit price to deduct per LF of existing caulk joint/prep/re-caulk _____$LF

All unit and hourly costs above include profit/overhead/taxes/ inclusive.

BID PRICE CERTIFCATION

In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within one hundred and twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule.

TOTAL BID PRICE___________________________________________________________

TOTAL BID PRICE IN WORDS: _________________________________________________

COMPANY: _______________________________________________________________

ADDRESS: ________________________________________________________________

AUTHORIZED SIGNATURE:___________________________________________________

EMAIL ADDRESS: __________________________________________________________

PRINT / TYPE NAME:________________________________________________________

AGREEMENT FOR SERVICES

25-056

Cistern Repairs

This Service Agreement (hereinafter “Agreement”) is made of the execution date by the City (the “Effective Date”), and between_______________________________(hereinafter “Contractor”) located at_______________________________________ and the City of Sandy Springs, Georgia, a Georgia Municipal Corporation located at 1 Galambos Way, Sandy Springs, Georgia (“Sandy Springs” or “the City”)

WITNESSETH:

WHEREAS, Contractor is engaged in the business of providing electrical Services

WHEREAS, the City has a need to acquire the services described in the Scope of Services attached hereto as Exhibit A (hereafter “Services”) (note that “Services” includes Services performed, workmanship, and material furnished or utilized in the performance of services pursuant to this Contract); and

WHEREAS, Contractor is willing and able to render the Services and wishes to perform the Services for the City; and

WHEREAS, the City wishes to acquire the Services from Contractor;

NOW, THEREFORE, in consideration of the mutual terms, conditions and covenants set forth herein, the parties hereto agree as follows:

A. Services.

Contractor hereby agrees to render the Services to the City as set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by this reference. Contractor agrees to perform the Services at the direction of the Sandy Springs Facilities Director, or designee, in the manner and to the extent required by the parties herein, as may be amended hereafter in writing by mutual agreement of the parties.

B. Compensation.

1. Fee. As consideration for the Services, the City shall pay to Contractor the fee described in

Exhibit B attached hereto and incorporated herein by this reference.

2. Manner of Payment. Contractor shall, on a monthly basis, prepare and submit to the Sandy

Springs Finance Department an invoice, indicating work performed and approved and additional equipment expenses incurred during the applicable time period, together with such supporting documentation as may be required by the City. Each compliant invoice shall be paid within thirty (30) days after submission of an invoice.

3. Notice of the City’s Use of outside Contractors to Review Submitted Invoices. The City may utilize support contractors to assist the City in the review and evaluation of Contractor’s invoices and similar requests for payment or evidence of delivery. Support contractors will be provided access to these and other records to support City officials in reviewing and reconciling invoices, payment records, and the

City’s financial and budgetary records, and in facilitating the timely payment of submitted invoices. Such documents and records may contain the proprietary information of Contractor including, but not limited to, awarded contracts.

Each of the support contractor employees may, at the direction of Contractor to the City Manager, be required to execute a non-disclosure agreement which acknowledges that the support contractor employees:

a. Shall use proprietary information only in performance of the above tasks and for no other reason;

b. Shall not share proprietary information with his or her employer;

c. Shall not use such information for personal or other benefit; and

d. Shall promptly notify his or her employer of any breach of his or her responsibilities.

Unless Contractor specifically objects in writing, Contractor agrees, by the submission of a proposal, to allow the City’s support contractors to have access to Contractor’s proprietary information for the purposes described above. Contractor is required to promptly notify the City Manager of any breach of the non-disclosure obligations of this section.

C. Inspection of Services.

1. Contractor shall provide and maintain a system, acceptable to the City, for inspecting all

Services it provides under this Contract. Complete records of all inspection work performed by Contractor shall be maintained and made available to the City during Contract performance and for a period of three

(3) years following Contract termination.

2. The City has the right to inspect and test all Services called for by the Contract, to the extent practicable, at all times and places during the term of the Contract. The City shall perform inspections and tests in a manner that will not unduly delay the work.

3. If the City performs inspections or tests on the premises of Contractor or a subcontractor, Contractor shall furnish, and shall require subcontractors to furnish, at no increase in the Contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

4. (a) If any of the Services do not conform to Contract requirements or industry standards, the City may require Contractor to perform the Services again in conformity with Contract requirements, at no increase in Contract amount. When the defects in Services cannot be corrected by re-performance, the City may:

i. Require Contractor to take necessary action to ensure that future performance conforms to Contract requirements; and

ii. Reduce the Contract price to reflect the reduced value of the Services performed.

(b) If Contractor subsequently fails again to take the necessary action to ensure future performance in conformity with Contract requirements, the City may:

i. By contract or otherwise, perform the Services and charge to Contractor any cost incurred by the City that is directly related to the performance of such Services;

or

ii. Terminate the Contract for default by procedures set forth in this Contract.

D. City Property.

1. Definitions. As used in this section:

“Acquisition Cost” means the cost to acquire a tangible capital asset including the purchase price of the asset and costs necessary to prepare the asset for use. Costs necessary to prepare the asset for use include the cost of placing the asset in location and bringing the asset to a condition necessary for normal or expected use.

“Cannibalize” means to remove parts from City Property for use or for installation on other City Property.

“City-Furnished Property” means Property in the possession of, or directly acquired by, the City and subsequently furnished to Contractor for performance of the Contract. City-Furnished Property includes, but is not limited to, spares and Property furnished for repair, maintenance, overhaul, or modification.

City-Furnished Property also includes Contractor-Acquired Property if Contractor-Acquired Property is a deliverable under a cost contract when accepted by the City for continued use under the Contract.

“City Property” means all Property owned or leased directly by the City. City Property includes both City-furnished and Contractor-Acquired Property. City Property includes Material, Equipment, vehicles, special tooling, special test Equipment, and real Property. City Property does not include intellectual property and software. City Property includes logos, trademarks and service marks owned or controlled by the City.

“Contractor-Acquired Property” means Property acquired, fabricated, or otherwise provided by Contractor for performing a contract, and to which the City acquires title.

“Discrepancies Incident to Shipment” means any differences (e.g., count or condition) between the items documented to have been shipped and items actually received.

“Equipment” means a tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use.

Equipment does not include Material, real Property, special test Equipment or special tooling.

“Inventory” means:

a. Any Property acquired by and in the possession of a Contractor or subcontractor under a contract for which title is subsequently vested in the City and which exceeds the amounts needed to complete full performance under the entire Contract;

b. Any Property that the City is obligated or has the option to take over under any type of contract, e.g., as a result either of any changes in the specifications or plans thereunder or of the full or partial termination of the Contract (or subcontract thereunder), before completion of the work, for the convenience or at the option of the City; and

c. City-Furnished Property that exceeds the amounts needed to complete full performance under the entire Contract.

“Material” means Property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end item. Material does not include Equipment, special tooling, special test Equipment or real Property.

“Property” means all tangible property, both real and personal.

“Property Records” means the records created and maintained by Contractor in support of its stewardship responsibilities for the management of City Property.

“Provide” means to furnish, as in City-Furnished Property, or to acquire, as in Contractor-Acquired Property.

2. Property Management.

a. Contractor shall have a system to manage (control, use, preserve, protect, repair and maintain) City Property in its possession. The system shall be adequate to satisfy the requirements of this section. In doing so, Contractor shall initiate and maintain the processes, systems, procedures, records, and methodologies necessary for effective control of City Property, consistent with voluntary consensus standards and/or industry-leading practices and standards for City Property management except where inconsistent with law or regulation. During the period of performance, Contractor shall disclose any significant changes to its Property management system to the City Manager prior to implementation.

For purposes of this provision, “system to manage” means defined procedures and methodology.

b. Contractor’s responsibility extends from the initial acquisition and receipt of Property and Material, through stewardship, custody, and use until formally relieved of responsibility by authorized means, including delivery, consumption, expending, sale (as surplus

Property), or other disposition, or via a completed investigation, evaluation, and final determination for lost, stolen, damaged, or destroyed Property and Material. This requirement applies to all City Property under Contractor’s accountability, stewardship, possession or control, including its vendors or subcontractors.

c. Contractor shall include the requirements of this section in all subcontracts under which City Property is acquired or furnished for subcontract performance.

3. Use of City Property.

a. Contractor shall use City Property, either furnished or acquired under this Contract, only for performing this Contract and such Property shall not be used for non-City

Contractor business or for personal uses unless otherwise provided for in this Contract or approved by the City Manager.

b. Modifications or alterations of City Property are prohibited, unless they are:

i. Reasonable and necessary due to the scope of work under this Contract or its terms and conditions;

ii. Required for normal maintenance; or

iii. Otherwise authorized by the City Manager.

c. Contractor shall not Cannibalize City Property unless otherwise provided for in this

Contract or approved by the City Manager.

4. City-Furnished Property.

a. The City shall deliver to Contractor the City-Furnished Property described in this

Contract. The City shall furnish related data and information in its possession needed for the intended use of the Property.

b. The delivery and/or performance dates specified in this Contract are based upon the expectation that the City-Furnished Property will be suitable for Contract performance and will be delivered to Contractor by the dates stated in the Contract.

i. If the Property is not delivered to Contractor by the dates stated in the Contract, the City Manager shall, upon Contractor’s timely written request, consider an equitable adjustment to the Contract.

ii. In the event Property is received by Contractor, or for City-Furnished Property after receipt and installation, in a condition not suitable for its intended use, the City

Manager shall, upon Contractor’s timely written request, advise Contractor on a course of action to remedy the problem. Such action may include repairing, replacing, modifying, returning, or otherwise disposing of the Property at the City’s expense.

Upon completion of the required action(s), the City Manager shall consider an equitable adjustment to the Contract).

c. The City Manager may by written notice, at any time:

i. Increase or decrease the amount of City-Furnished Property under this

Contract;

ii. Substitute other City-Furnished Property for the Property previously furnished, to be furnished, or to be acquired by Contractor for the City under this Contract; or

iii. Withdraw authority to use Property.

Upon completion of any action(s) under paragraph (4)(c) of this section, and Contractor’s timely written request, the City Manager shall consider an equitable adjustment to the Contract.

5. Title to City Property.

a. Title under City-Furnished Property. The City shall retain title to all City-Furnished

Property. Title to City Property shall not be affected by its incorporation into or attachment to any Property not owned by the City, nor shall City Property become a fixture or lose its identity as personal Property by being attached to any real Property.

b. Title under Cost-Reimbursable Property.

i. Title to all Property purchased by Contractor for which Contractor is entitled to be reimbursed as a direct item of cost under this Contract shall pass to and vest in the

City upon the vendor’s delivery of such Property.

ii. Title to all other Property, the cost of which is reimbursable to Contractor, shall pass to and vest in the City upon:

(A) Issuance of the Property for use in Contract performance;

(B) Commencement of processing of the Property for use in Contract performance; or

(C) Reimbursement of the cost of the Property by the City, whichever occurs first.

iii. All City-Furnished Property and all Contractor-Acquired Property, title to which vests in the City under this paragraph are subject to the provisions of this section.

6. Contractor Plans and Systems.

a. Contractor shall establish and implement Property management plans, systems, and procedures at the Contract, program, site or entity level to enable the following outcomes:

i. Acquisition of Property. Contractor shall document that all Property was acquired consistent with its engineering, production planning, and Property control operations.

ii. Receipt of City Property. Contractor shall receive City Property, document the receipt as requested by the City, record the information necessary to meet the record requirements of paragraph (f)(1)(iii)(A)(1) through (5) of this section, identify as City owned in a manner appropriate to the type of Property (e.g., stamp, tag, mark, or other identification), and manage any Discrepancies Incident to Shipment.

(A) City-Furnished Property. Contractor shall furnish a written statement to the City Manager containing all relevant facts, such as cause or condition and a recommended course(s) of action, if overages, shortages, or damages and/or other discrepancies are discovered upon receipt of City-Furnished Property.

(B) Contractor-Acquired Property. Contractor shall take all actions necessary to adjust for overages, shortages, damage and/or other discrepancies discovered upon receipt, in shipment of Contractor-Acquired Property from a vendor or supplier, so as to ensure the proper allocability and allowability of associated costs.

iii. Records of City Property. Contractor shall create and maintain records of all City

Property accountable to the Contract, including City-furnished and Contractor-

Acquired Property.

(A) Property Records shall enable a complete, current, auditable record of all transactions and shall, unless otherwise approved by the City Manager, contain the following:

(1) The name, part number and description, manufacturer, model number, and National Stock Number (if needed for additional item identification tracking and/or disposition).

(2) Quantity received (or fabricated), issued, and balance-on-hand.

(3) Unit Acquisition Cost.

(4) Unique-item identifier or equivalent (if available and necessary for individual item tracking).

(5) Unit of measure.

(6) Accountable Contract number or equivalent code designation.

(7) Location.

(8) Disposition.

(9) Posting reference and date of transaction.

(10) Date placed in service.

(B) Use of a Receipt and Issue System for City Material. When approved by the City Manager, Contractor may maintain, in lieu of formal Property Records, a file of appropriately cross-referenced documents evidencing receipt, issue, and use of Material that is issued for immediate consumption.

iv. Physical Inventory. Contractor shall periodically perform, record, and disclose physical Inventory results. A final physical Inventory shall be performed upon

Contract completion or termination. The City Manager may waive this final Inventory requirement, depending on the circumstances (e.g., overall reliability of Contractor’s system or the Property is to be transferred to a follow-on contract).

v. Subcontractor Control.

(A) Contractor shall award subcontracts that clearly identify assets to be provided and shall ensure appropriate flow down of Contract terms and conditions (e.g., extent of liability for loss, theft, damage or destruction of City

Property).

(B) Contractor shall assure its subcontracts are properly administered and reviews are periodically performed to determine that the subcontractor’s

Property management system meets the standards of Contractor’s Contract requirements with the City.

vi. Reports. Contractor shall have a process to create and provide reports of discrepancies; loss, theft, damage or destruction; physical Inventory results; audits and self-assessments; corrective actions; and other Property related reports as directed by the City Manager.

(A) Loss, theft, damage or destruction. Unless otherwise directed by the City Manager, Contractor shall investigate and promptly furnish a written narrative of all incidents of loss, theft, damage or destruction to the City Manager as soon as the facts become known or when requested by the City.

(B) Such reports shall, at a minimum, contain the following information:

(1) Date of incident (if known).

(2) The name, commercial description, manufacturer, model number, and National Stock Number (if applicable).

(3) Quantity.

(4) Unique-item identifier (if available).

(5) Accountable Contract number.

(6) A statement indicating current or future need.

(7) Acquisition Cost, or if applicable, estimated scrap proceeds, estimated repair or replacement costs.

(8) All known interests in commingled Property of which the City

Property is a part.

(9) Cause and corrective action taken or to be taken to prevent recurrence.

(10) A statement that the City will receive any reimbursement covering the loss, theft, damage or destruction in the event Contractor was or will be reimbursed or compensated.

(11) Copies of all supporting documentation.

(12) Last known location.

(13) A statement that the Property did or did not contain sensitive or hazardous material, and if so, that the appropriate agencies were notified.

vii. Relief of Stewardship Responsibility. Unless the Contract provides otherwise, Contractor shall be relieved of stewardship responsibility for City Property when:

(A) Such Property is consumed, expended or disposed, reasonably and properly, or otherwise accounted for, in the performance of the Contract, including reasonable Inventory adjustments of Material as determined by the

City Manager; or

(B) The City Manager granted relief from responsibility for loss, theft, damage or destruction of City Property.

viii. Utilizing City Property.

(A) Contractor shall utilize, consume, move, and store City Property only as authorized under this Contract. Contractor shall promptly disclose and report City Property in its possession that is excess to Contract performance.

(B) Unless otherwise authorized in this Contract or by the City Manager, Contractor shall not commingle City Material with Material not owned by the City.

ix. Maintenance. Contractor shall properly maintain City Property. Contractor’s maintenance program shall enable the identification, disclosure, and performance of normal and routine preventative maintenance and repair. Contractor shall disclose and report to the City Manager the need for replacement and/or capital rehabilitation.

x. Property Closeout. Contractor shall promptly perform and report to the City

Manager Contract Property closeout, to include: reporting, investigating and securing closure of all loss, theft, damage or destruction cases; physically inventorying all

Property upon termination or completion of this Contract; and disposing of items at the time they are determined to be excess to Contract needs.

b. Contractor shall establish and maintain City accounting source data, as may be required by this Contract, particularly in the areas of recognition of acquisitions and dispositions of Material and Equipment.

c. Contractor shall establish and maintain published procedures necessary to assess its

Property management system effectiveness, and shall perform periodic internal reviews and audits. Significant findings and/or results of such reviews and audits pertaining to City

Property shall be made available to the City Manager.

7. Systems Analysis.

a. The City shall have reasonable access to Contractor’s premises and all City Property, at reasonable times, for the purposes of reviewing, inspecting and evaluating Contractor’s

Property management plan(s), systems, procedures, records, and supporting documentation that pertains to City Property. This access includes all site locations associated with the performance of Services under this Contract including, with

Contractor’s consent, all subcontractor premises associated with the performance of

Services under this Contract.

b. Records of City Property shall be readily available to authorized City personnel and shall be appropriately safeguarded.

c. Should it be determined by the City that Contractor’s (or subcontractor’s) Property management practices are inadequate or not acceptable for the effective management and control of City Property under this Contract, or present an undue risk to the City, Contractor shall prepare a corrective action plan when requested by the City Manager and take all necessary corrective actions as specified by the schedule within the corrective action plan.

d. Contractor shall ensure City access to subcontractor premises and all City Property located at subcontractor premises, for the purposes of reviewing, inspecting and evaluating the subcontractor’s Property management plan, systems, procedures, records, and supporting documentation that pertains to City Property.

8. Contractor Liability for City Property. Contractor assumes the risk of, and shall be responsible for, any loss, theft, damage or destruction of City Property upon its delivery to Contractor as

City-Furnished Property. However, Contractor is not responsible for reasonable wear and tear to City

Property or for City Property properly consumed in performing this Contract.

9. Equitable Adjustment. Equitable adjustments under this section shall be made in accordance with the procedures of Section X, Changes; however, the City shall not be liable for breach of

Contract for the following:

a. Any delay in delivery of City-Furnished Property.

b. Delivery of City-Furnished Property in a condition not suitable for its intended use.

c. An increase, decrease, or substitution of City-Furnished Property.

d. Failure to repair or replace City Property for which the City is responsible.

E. Audit and Inspection Rights.

1. The City may, at reasonable times, and for a period of up to three (3) years following the date of final performance of Services by Contractor under this Contract, audit, or cause to be audited, those books and records of Contractor that are related to Contractor’s payroll and performance under this Contract. Contractor agrees to maintain all such books and records at its principal place of business for a period of three (3) years after final payment is made under this Contract. Contractor shall make all necessary books and records available for audit in Fulton County, Georgia.

2. The City may, at reasonable times during the term hereof, inspect Contractor’s facilities and perform such inspections and process reviews as the City deems reasonably necessary to determine whether the Services required to be provided by Contractor under this Contract conform to the terms of this Contract. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of inspections by the City’s representatives.

F. Relationship of Parties.

1. Independent Contractors. Nothing contained herein shall be deemed to create any relationship other than that of independent contractor between the City and Contractor This Contract shall not constitute, create, or otherwise imply an employment, joint venture, partnership, agency or similar arrangement between the City and Contractor. It is expressly agreed that Contractor is acting as an independent contractor and not as an employee in providing the Services under this Contract.

The City shall exercise no control over the means and methods of accomplishing the work of any Contractor personnel under the Contract. Contractor shall retain control over and be responsible for the details of how the Services under this Contract are to be performed by all Contractor personnel.

2. Employee Benefits. Contractor shall not be eligible for any benefit available to employees of the City including, but not limited to, workers’ compensation insurance, state disability insurance, unemployment insurance, group health and life insurance, vacation pay, sick pay, severance pay, bonus plans, pension plans, or savings plans.

3. Payroll Taxes. No income, social security, state disability or other federal or state payroll tax will be deducted from payments made to Contractor under this Contract. Contractor shall be responsible for all FICA, federal and state withholding taxes and workers’ compensation coverage for any individuals assigned to perform the Services for the City.

G. Representations and Warranties of Contractor.

Contractor hereby warrants, represents and agrees as follows:

1. No approval, authorization, clearance, declaration, or order of or to any other person or entity is required in order to permit Contractor to perform the Services under this Contract.

2. Neither the execution of this Contract nor the consummation of the transactions contemplated hereby will cause, or give any person ground to cause, the maturity, acceleration, or increase of any liability or obligation of Contractor and will not conflict with, violate, or constitute default under any contract, agreement, duty, obligation, or instrument to which Contractor is a party or to which

Contractor is bound.

3. Contractor, by execution hereof, does hereby represent to the City that the Contractor, through the signature of the officials contained in this Contract, has full power and authority to make and execute this Contract to the effect that the making and execution hereof shall create a legal obligation upon Contractor, which shall be legally binding upon Contractor.

4. Nothing contained or any obligation on the part of Contractor to be performed hereunder shall in any way be contrary to or in contravention of any policy of insurance or surety bond required of

Contractor pursuant to the laws of the State of Georgia.

H. Contractor Responsibilities Regarding Contractor Personnel.

1. General. Contractor shall be solely responsible for all compensation, benefits, insurance and rights of Contractor employees during the course of or arising or accruing as a result of any employment, whether past or present, with Contractor, as well…