ITB 25_011 On_Call Electrical Services.pdf

INVITATION TO BID

On-Call Electrical Services

BID DUE DATE & OPENING September 27, 2024, 2:00 PM EST

VIA ZOOM

https://zoom.us/j/5773450328?pwd=S0o0RkczSmRsWkowMTJpcnJPWHhWQT09&omn=99226870558 Meeting ID: 577 345 0328

Passcode: 031237 Dial by your location

+1 301 715 8592 US (Washington DC) +1 312 626 6799 US (Chicago) +1 646 558 8656 US (New York

NON-MANDATORY PRE-BID CONFERENCE ATTENDANCE

Time: September 5, 2024 11:00 AM Eastern Time (US and Canada)

VIA ZOOM

https://zoom.us/j/5773450328?pwd=S0o0RkczSmRsWkowMTJpcnJPWHhWQT09&omn=96892396363 Meeting ID: 577 345 0328

Passcode: 031237 Dial by your location

+1 301 715 8592 US (Washington DC) +1 312 626 6799 US (Chicago) +1 646 558 8656 US (New York

QUESTIONS DUE September 12, 2024, 5:00 P.M.

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

https://sandysprings.bonfirehub.com/projects/151215/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, purchasing@sandyspringsga.gov.

2. All questions or requests for clarification must be sent via Bonfire under Message - Opportunity Q&A:

https://sandysprings.bonfirehub.com/projects/151215/details Questions are due no later than September 12, 2024, 5:00 p.m. 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 Bonfire website at https://sandysprings.bonfirehub.com/projects/151215/details. It is the Offeror’s responsibility to check the Bonfire portal for any addendum or other communications related to this solicitation.

https://zoom.us/j/5773450328?pwd=S0o0RkczSmRsWkowMTJpcnJPWHhWQT09&omn=99226870558 https://zoom.us/j/5773450328?pwd=S0o0RkczSmRsWkowMTJpcnJPWHhWQT09&omn=96892396363 https://sandysprings.bonfirehub.com/projects/151215/details mailto:purchasing@sandyspringsga.gov

4. The form of contract (“Contract”) the City intends to execute with the selected contractor is included for your review. Contractors interested in submitting Proposals (“Offerors”) are urged to read this Contract carefully, including exhibits, prior to submitting a Proposal. 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 the appropriate response. If the City determines a change is warranted, an addendum will be posted to this ITB. If a contractor is unwilling to execute the Contract, whether modified by addendum or not, a Proposal 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 Erika 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: purchasing@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;

mailto:purchasing@sandyspringsga.gov

b. Reject any or all Proposals 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;

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.

DEFINITIONS

1. The "Department" means all equipment, vehicles, grounds and facilities described in Appendix A and where appropriate, the management, operations and maintenance of such.

2. "Capital Expenditures" means any expenditure for the purchase of new equipment; or facility items or utility system repairs, which significantly extend facility life and or expenditures that, are planned, non-routine or budgeted by the City.

3. "Labor and benefits" cost is defined as salaries, group insurance, dental insurance, workmen's compensation, retirement and social security for employees.

4. "Administrative" cost is defined as audit and accounting fees, insurance, interest expense, depreciation, state fees, recycling fees, curbside fees, landfill fees, ad valorem tax, purchase of natural gas and electric current for resale to the public, fund transfers and PCB testing.

5. "Direct Costs" is defined as supplies cost for gas, oil, lubrication, advertising, non-specific engineering cost, postage, computers and software, training, telephone service, travel expenses of employees and uniform expense.

6. "Maintenance" means the cost of routine and/or repetitive activities required or recommended by the equipment or facility manufacturer or The Contractor as required to maximize the service life of equipment, vehicles and treatment facilities.

7. "Repairs" means the cost of those activities required for operational continuity, safety, and performance generally due to failure or to avert a failure of the equipment, vehicles or facilities or a component thereof.

8. "Emergency" is defined as any situation or in which The Contractor staff must respond quickly to protect the health and wellbeing of the Public. Its intent is clearly in an effort to protect the interests of the people in the event of a natural disaster, hurricane, tornado or other unusual occurrence.

SECTION 1: BACKGROUND AND GENERAL INFORMATION

A. Purpose and Summary of Procurement

The City of Sand Springs “City” is seeking bids from vendors to provide on-call electrical services for its facilities and buildings . The City contemplates award of fixed price contract(s) resulting from the ITB.

The City reserves the right to make a contract award(s), based on the bids received . The City may award without discussions. Therefore, the Offeror’s submission shall contain best terms for Cost/Price as described herein. The City reserves the right to conduct discussions if they are later determined to be necessary. If the City awards without discussions, the Offeror may be given the opportunity to clarify certain aspects of its bid submittal or to resolve minor or clerical errors.

B. General Information about the City

Located in Atlanta’s dynamic metro north and less than an hour from the world’s busiest airport, Sandy Springs is the seventh largest City in the State of Georgia. The City balances the best of modern southern living, high rise towers; riding stables; world-class medical centers; national river corridor; fortune 500 corporate headquarters international consulates; and neighborhood that resemble botanical gardens.

In June 2005, residents voted for incorporation, making Sandy Springs the first new city in Georgia in fifty (50) years. The City has received numerous awards and recognitions, including being ranked as one of the Most Livable Cities in the U.S (City Biz), best for Early Retirement (Kiplinger), Best Towns for Millennials (Niche Magazine); and Safest Places in Georgia (Value Penguin). The City population has grown from 99,419 during the 2012 Censes to 108,080 during the 2020 Census. It also the site of several corporate headquarters, including UPS, Newell Brands, Inspire Brands, Focus Brands, Cox Enterprises, and Mercedes-Benz USA’s corporate offices. Two (2) of the most traveled arteries in the metro, I-285 and Georgia 400, cross Sandy Springs, and the City is home to three (3) Marta rail stations.

SECTION 2: SCOPE OF SERVICES

The contractor shall ensure their capacity to perform work under this contract regardless of obligations elsewhere. For non‐emergency projects the vendor shall provide the City with a contact person’s name and telephone number for normal working hours between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. The contractor shall be able to start all non‐Emergency projects within (5) working days after notification from the City. The selected contractor must have a certified master electrician with a class 2 electrical contractor license on its staff during the term of the contract. The journeyman/helper role is a certified electrician or employee working under the direction of a GA licensed class 2 electrical contractor. Furthermore, contractors interested in bidding solely on the low voltage must have at least

1 member with a low voltage unrestricted contractor license. The contractor shall notify the City of changes in personnel during the duration of the project. All contracted services shall be performed in accordance with the professional and business standards of the latest editions of the NFPA 70, NFPA

70B, NFPA 70E and to the satisfaction of the City of Sandy Springs. If the work and/or services are not acceptable the Contractor will be called in to review and correct all problem areas without additional cost to the City.

Contractor will provide all necessary labor, tools, equipment, material, and supplies necessary to perform maintenance, repair, renovations, installations, or alterations of electrical systems including power, electrical related fixtures, and any other electrical system components requested by the City and to properly dispose of all materials generated in the course of the work for the On‐Call Electrical services.

Emergency Work:

Emergency projects shall be defined as unforeseen combination of circumstances, which includes a threat to the health, wellbeing, and safety of citizens and property. The resulting state that calls for immediate action, a response is required within 2‐4 hours of receiving the notice. For emergency calls, received outside of normal business hours (evenings, weekends, and/or holidays), the contractor shall provide a contact person’s name and telephone number or have a voice mail paging or answering service. Contractors using a voice mail paging or answering service shall be required to initiate a call back to the City within 15‐25 minutes.

Licenses, Permits, Fees:

The Contractor shall pay for all licenses required for this project and will comply with all laws, ordinances, regulations, and building code requirements applicable to the work completed. The selected contractor shall also obtain all permits for inspections, tests, and other services required for completion of work. Fees will be waived for all permits issued by the City of Sandy Springs.

Inspections shall be scheduled by the designated Project Manager/City of Sandy Springs representative. Contractor shall submit shop drawings of installations, additions, modifications at the request of the City representative. Said drawings shall comply with quality deemed as sufficient by the City Project Manager or representative. A fee for said drawing(s) may be charged at the contracted rate for individual that is completing the drawing (i.e., master electrician, licensed electrician journeyman, or electrical helper)

Labor Rates:

Man hours paid shall only be for productive hours on site. Overhead is not separate billable charge and shall be included in the hourly rate based on the position/title of the employee completing the work. Overhead includes but is not limited to the use owned equipment such as forklift/manlift, estimates, office support, transportation, fuel surcharges, materials acquisition, and supervision.

The labor/hourly rates shall remain in effect for the term of the contract. The selected vendor shall have work completed by the personnel qualified to handle the task at the lowest price point available.

Cleaning:

The Contractor shall at all times keep the work area free of debris and any waste materials.

Contractor shall be responsible for the removal of all trash at the end of the day at no additional charge.

Subcontractors:

Vendor shall not use subcontractors without written permission of the City Contract Manager.

A. Health and Safety Requirements

It is the responsibility of the contractor to implement safeguards in compliance with OSHA standards to eliminate accidents, down time and mistakes, while facilitating quality workmanship in adherence to all local state and federal laws as applicable. Also the contractor shall responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property around the work site.

1. Report any personnel or equipment accidents managed by the contractor within 24 hours to the City.

2. Report all City owned or private property damage to the City as soon as possible after the occurrence.

3. Submit quarterly safety reports to the Health and Safety Director or his designee:

a. The number of training sessions conducted

b. Number of OSHA recordable injuries

c. Number of Loss of Time injuries

4. Vehicle Operators shall have a current CDL license where applicable.

B. Business License

Contractor must be actively engaged in the business of providing electrical services for a minimum of five (5) continuous years. Provide a copy of the current business license.

C. Resume/Company Profile Experience

Offeror shall specify how long the company submitted the proposal has been in business of providing services similar to those requested in this ITB. A resume or summary of qualifications, work experience, skills, etc., which emphasizes previous experience in this area should be provided for all key personnel who will be involved with any aspects to perform the services requested. The contractor shall include a list of employees to be assigned to this bid the information provided shall include, title, years of electrical experience, licenses obtained (include copy of licenses) and years of providing electrical experience.

D. Contractor Performance Evaluation

The City may conduct a monthly performance evaluation for the preceding month with the Contractor’s project manager. Such evaluations may be provided to the Contractor on or before the tenth day of the following month. The evaluations will cover any or all of the following:

• Work completion

• Work Quality

• Work order paperwork completion (on time and correct)

• Overall crew performance including:

1. Arriving on time for work

2. Proper attire for the job (no t-shirts and sweatpants)

3. Adequate job knowledge to perform tasks according to industry standards

4. Crew attitude and willingness to perform scope of services.

• Accuracy and completeness of proper billing and within a timely manner

• Draft copy of invoice to be submitted three days prior to evaluation.

Unsatisfactory performance ratings are subject to corrective action in accordance with the terms and conditions of the contract.

At no additional cost to the City, Contractor employee(s) determined to not be capable of performing this scope of work may be requested to be removed and replaced. Contractor shall be responsible for filling replacement personnel within a period of no more than Thirty (30) Days. If a position remains open longer than thirty days, the contractor may be required to remit a portion of the contract monies earned equivalent to the earnings of that position back to the City.

E. Holiday Schedule

The following dates are holidays under this scope of work:

• New Year’s Day

• Martin Luther King, Jr.’s Birthday

• Presidents Day

• Memorial Day

• Independence Day

• Labor Day

• Veterans Day

• Thanksgiving Day

• Day After Thanksgiving Day

• Christmas Day

• Columbus Day

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 Fee Schedule Bid Price Certification E-Verify Affidavit under O.C.G.A. 13-10-91 (b)(1) Addenda Acknowledgment Certification of Sponsor Drug Free Workplace Georgia Security Immigration Compliance Act Affidavit Notice to Contractors Compliance with Electrical Safety Provisions Affidavit verifying Status for City Public Benefit Application Request for References Signed Contract Business License Class 2 Electrical License Low voltage Unrestricted License

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 #25-011 On-Call Electrical Services

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 # 25-011 On-Call Electrical Services

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

#25-011 On-Call Electrical Services

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

The estimated hours are provided for evaluation purposes, the combined grand totals for the high voltage and low voltage shall be provided in the bid price certification form.

Proposed Rates-Electrical Services

1 Percentage Mark-up for Materials _______%

2 Percentage Mark-Up for Rental Equipment _______%

3 Do you provide 24 hour, 7 Days per week service YES/NO YES/NO

Proposed Rates-High Voltage Hourly Rate (X)

Estimated Hours

Grand Total

3 Regular Time-Master Electrician ____$/HR 40

4 Regular Time-Electrician Journeyman ____$/HR 40

5 Regular Time-Helper ____$/HR 20

Non-Normal business hours & Emergency (Charge not to exceed one and one-half (1.5) times the Electrician labor rate for work performed during regular hours

Hourly Rate

(X)

Estimated Hours

6 Non-Normal & Emergency-Master Electrician ____$/HR 10

7 Non-Normal & Emergency-Electrician Journeyman ____$/HR 10

8 Non-Normal & Emergency-Helper ____$/HR 5

Grand total for Items (3+4+5+6+7+8)

Proposed Rates-Low Voltage

1 Percentage Mark-up for Materials _______%

2 Percentage Mark-Up for Rental Equipment _______%

3 Do you provide 24 hours, 7 Days per week service YES/NO

Labor Rates Hourly Rate (X)

Estimated Hours

Grand Total

4 Regular Time-Low Voltage Contractor ____$/HR 40

5 Regular Time-Helper ____$/HR 20

Non-Normal business hours & Emergency (Charge not to exceed one and one-half (1.5) times the Low Voltage labor rate for work performed during regular hours

Hourly Rate (X)

Estimated Hours

Grand Total

6 Non-Normal & Emergency-Low Voltage Contractor ____$/HR 10

7 Non-Normal & Emergency-Helper ____$/HR 10

(Grand total for Items (4+5+6+7)

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

25-011

City of Sandy Springs On-Call Electrical Services

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…