RFQ PUBLIC WORKS PROF SVCS
524 KB Posted
- Attached to
- Wayfinding and Gateway Monument Design
- Solicitation number
- 2022-020
- Issued by
- Dekalb County, Georgia
About this file
This RFQ for Public Works Professional Services involves the City of Tucker, Georgia, which is seeking qualified professional service providers to deliver professional engineering design services for Public Works functions. The scope encompasses repair and maintenance services for 168 centerline miles of roadway and over 13,000 known stormwater structures. The City of Tucker approved a millage increase in a fall 2022 referendum with 75% voter support to fund this newly established public works service, which had experienced deferred maintenance over an extended period. The selected firm will be expected to deliver enhanced service levels as promised to citizens during the referendum campaign. Additionally, the file references a related RFP 2022-020 from the City of Stonecrest, Georgia, for Wayfinding and Gateway Signage, with proposals due December 21, 2022 at 2:00 p.m. and questions due December 5, 2022 at 5:00 p.m. The Stonecrest project involves developing a comprehensive wayfinding and gateway signage strategy with five primary tasks: inventory and assessment of current signage, policy recommendations, graphic design standards establishment, development of a complete wayfinding plan with four design concepts, and preparation of sign specifications and bid documents. Gateway monumentation designs must be detailed enough to serve as construction bid documents.
The City of Tucker contract is structured as a lump sum based on proposals, commencing upon execution through the end of the calendar year with automatic renewal capability for a total term not exceeding five years unless either party provides thirty days' written notice of non-renewal. Invoices are paid within thirty days of receipt, and the City does not impose sales taxes on contracted services. The Stonecrest evaluation uses a 100-point scoring system comprised of Project Personnel (25 points), Project Experience (25 points), Project Understanding and Approach (30 points), and Cost Proposal (20 points), with awards based on best-value evaluation. City Council approval for Stonecrest was anticipated January 23, 2023, with formal approval February 6, 2023 and notice to proceed February 6, 2023. Successful contractors must provide workers' compensation, general liability ($1,000,000), automobile liability ($500,000), and umbrella liability ($1,000,000) coverage, with the City named as additional insured. All contractors must comply with the Georgia Security and Immigration Compliance Act and register with the federal E-Verify program. The City of Tucker relies heavily on third-party contractors for community development, communications, engineering, and information technology services as part of its public-private partnership model.
Text of this file
CITY OF TUCKER
Request for Qualifications
RFQ #2022-020
Public Works Professional Services
PROPOSAL MANUAL
City of Tucker 1975 Lakeside Parkway, Suite 350
Tucker, Georgia 30084
City of Tucker Request for Qualifications RFQ# 2022-020 Public Works Professional Services
INTRODUCTION
Although a long-time destination, the City of Tucker was incorporated in 2016. The City started with two City services, code enforcement and zoning and in 2018, the City added Parks and Recreation. Like other new Cities in metropolitan Atlanta, the City relied largely on consultants to successfully deliver enhanced services and is a model of public-private partnerships. The City still relies on third party contractors to provide community development, communications, engineering and information technology services. In this RFQ, we are solicitating for an engaged, responsive partner for Public Works to further our purpose of providing excellent, cost effective City services. A referendum was brought to the voters in fall of 2022, and the voters approved by 75% to increase the City’s millage so that the City can add this critical service which has experienced deferred maintenance over many years. Assurances were made to our citizens that we would provide an enhanced level of service, it is critical that the selected firm is able to deliver on this promise.
INVITATION
The City of Tucker is now accepting proposals for qualified professional service providers to provide professional engineering design services for Public Works functions, which include the repair and maintenance of 168 centerline miles of roadway and over 13,000 known stormwater structures.
WORK TO BE PERFORMED: Provide public works professional services for the City of Tucker.
SCOPE OF WORK: Refer to Exhibit A.
INFORMATION RELATED TO RFQ: https://www.tuckerga.gov/government/rfp_rfq/index.php
Stormwater Assessment – June 2022
Stormwater Assessment Presentation - April 2022
(Note: Atlas Engineering will not pursue this proposal.)
QUESTIONS: Submit in writing to procurement@tuckerga.gov reference RFQ #2022-020
PRE-PROPOSAL CONFERENCE: November 28, 2022 at 2:00 PM via ZOOM Link:
https://us02web.zoom.us/j/82809228061
PUBLIC WORKS - PROPOSAL ACTIVITY SCHEDULE
Release of RFQ November 18, 2022
Pre-Proposal Conference November 28, 2022 at 2:00 PM EDT via ZOOM
Deadline for Questions December 1, 2022 by 4:00 PM EDT
Responses to Questions Posted December 6, 2022 by 5:00 PM EDT
Deadline for Proposals December 15, 2022 by 10:00 AM EDT
Evaluation of Proposals December 19-30, 2022
Interview Short List Candidates January 6-10, 2023
Pricing Proposals Due January 12, 2023
Anticipated Award Jan 23 - Feb 13, 2023
ADDENDA: Responses to the questions received will be by addenda and will be posted on the City website www.tuckerga.gov. The signed acknowledgement issued with the addendum must be submitted with the proposal. It is the offeror’s responsibility to verify if any addenda were created.
SUBMITTAL REQUIREMENTS: Submit seven paper copies of proposal and one thumb drive of all of the documents. Label submittal envelope with RFQ# 2022-020 and Company Name.
PROPOSAL EVALUATION: A listing of submittals will be posted on the City’s website:
www.tuckerga.gov
Your response must be received by the date and time specified. (Addenda will show any schedule updates.) Late proposals will not be considered regardless of postmark/carrier or email issues.
Proposals received after the opening time will be filed unopened. The City of Tucker reserves the right to reject any and all proposals or any part thereof, to waive any formalities or informalities, to make an award, and to re-advertise in the best interest of the City. No proposals will be received orally or by phone.
EXHIBIT A
Project Specifications / Scope of Work RFQ#2022‐020
Public Works Professional Services
1.0 INTRODUCTION
The City of Tucker seeks firms to provide the management team for the delivery of road maintenance and stormwater maintenance services. The term of the contract will be for 2 years beginning July 1, 2023, with a one-year extension at the City’s option. The City will also be looking for assistance in the start-up period before July 1, 2023.
The newly formed Department of Public Works will be responsible for the management, development, safety, and maintenance of the City's roadways and stormwater systems. Its major functions will include transportation planning, infrastructure maintenance management of the city’s stormwater utility, emergency preparedness as it relates to public works functions, traffic engineering, and capital project management. The Public Works department will be charged with providing high quality and responsive service to the residents and business owners of Tucker, including the on-call and maintenance staffs who strive to respond to citizen and community requests in a professional and timely manner. The department will be responsible for maintenance of 168 centerline miles of roadway, 70 traffic signals, and 63 centerline miles of sidewalks, as well as addressing issues such as:
Repairing and maintaining curbs, gutters, catch basins, storm drainage piping systems, sidewalks, and roadways Maintaining traffic signals, pavement markings, and traffic signs Maintaining rights-of-way by mowing grass and removing trash and debris SPLOST and capital project management After hours and emergency response to critical roadway safety issues Utility permitting Working closely with the regional, state, and federal agencies to assure that roads within Tucker are maintained and improved
General Requirements
Contractors responding to the Public Works request for qualifications will be required to provide the management team to deliver the professional functions of the department and oversee and administer all sub-contracts related to the operations of the department. Staffing is assumed to require the following, but proposals may suggest alternative structuring.
Full-time, on-site personnel anticipated:
Director of Public Works/Professional Engineer Deputy Director of Public Works Administrative Coordinator Field Services Manager
The Director of Public Works will report to the City Manager. All-other positions will report to the Director of Public Works. The resumes and an organizational chart must be submitted with the response.
Functional areas requiring professional management:
Construction Management
Inspections Capital Project Management Traffic Engineering Services Storm water Engineering Service Utility Coordination Management of sub-contractors providing various field services
For all work provided to the City of Tucker, the Contractor(s) shall meet the following general service delivery requirements:
a) Provide services under the direction of the designated City Official. Such services shall encompass all those duties and functions reasonably and customarily associated with delivery of the required services in accordance with local, state, and federal laws including, but not limited to, the City Charter, City ordinances, and laws of the United States and the State of Georgia.
b) Comply with all OSHA and other applicable federal and state statutes, regulations and standards for workplace safety and all applicable laws regarding hazardous material and maintain all required Safety Data Sheets (SDA) forms on site at the City.
c) Comply with all local, state and federal documentation retention requirements including, but not limited to, the City’s document retention schedules, as adopted and amended by City Council.
d) Support the established culture throughout the City and community of Tucker.
e) Promote information sharing and collaborative work between all City staff and Contractors.
f) Identify, record and report relevant key performance indicators for contracted service areas.
Contractor(s) shall submit monthly reports based on established key performance indicators. The Contractor shall commence tracking key performance indicators already established at the time of commencement, as well as additional key performance indicators approved by the City Manager during the term of the contract. These metrics will be shared with the client on a quarterly basis.
g) Develop, implement, maintain, and improve strategies to attract and retain highly- qualified employees in the appropriate number to maintain the required level of service and to fill vacancies in staffing promptly as defined by the City for each position. In regard to this issue, staffing strategies are at the discretion of the Contractor. However, during the term of the Contract, the Contractor shall discuss with the City Manager minimum qualifications and staffing requirements each time a position is to be filled. Contractors are expected to propose what they deem to be the most effective and efficient staffing level to meet the scope of services.
h) Key personnel shall not be reassigned from the City without a 90 day written notice, key personnel reassigned shall be immediately replaced by individuals with equal or greater qualifications.
i) Research current and relevant trends and laws that might have an impact on the City and service delivery, providing communication on the impact of the events to the City.
j) Identify and apply for grants matching strategic goals of the City.
k) Provide the City with employees that have the technical knowledge to operate City-owned IT infrastructure and software within their respective departments
l) Throughout the term of the contract, maintain and implement documented training programs to guarantee that contracted staff members remain at the top of their field throughout the duration of their specified assignment(s) with the City.
m) Prepare an annual document in collaboration with the City that outlines education and professional development provided to staff during the prior year and outlines training that will be delivered to the staff providing services, and provide said training to their employees. Such document shall include budget estimates to be paid from the education and training line item of the Contractor’s burden factor.
n) Throughout the term of the contract work with city management to research and implement operational improvements to increase efficiencies, improve service and reduce operating expenses.
o) Review all related processes, procedures and policies at least annually for amendments and improvements based on circumstances and industry standards changes.
p) Maintain and account for all information, equipment, and property, which the City provides to the Contractor for use during the period of performance.
q) Manage all storage, maintenance, inspections and other necessary services related to the motor vehicles and equipment provided by the Contractor for their services. The City will provide space for equipment and staff, but proposers should indicate space and facility needs in their proposal.
r) Provide a detailed Motor Vehicle Use and Safety Policy for the use of such vehicles by any staff of the Contractor sufficient to ensure that the City is protected regarding the use of vehicles.
s) Obtain approval of the City Manager on vehicle make, model, and age and adhere to required branding to the City of Tucker standards.
t) Furnish and maintain for the benefit of the City all labor, supervision, and equipment not otherwise provided, which are necessary and proper for performing the services, duties, and responsibilities set forth and contemplated as necessary to maintain the required level of service.
u) Communicate with the Mayor, City Council, and media services only through the City Manager or designee, unless otherwise authorized.
v) Access to City facilities will be during reasonable times and with City Manager approval.
w) The contractor will follow the City’s closure schedule. Provided however, it is expected that key personnel will be available to assist with emergency/disaster response as needed.
x) Proposals must have a plan for EEO training for all staff and management and supervisory training for all supervisors.
y) Provide the City with a primary contact who shall be available to the City in person or by telephone on a twenty-four (24) hour basis, seven (7) days per week.
z) Use only the address of Tucker City Hall and Tucker e-mail addresses for all City-related matters, including both incoming and outgoing mail.
aa) Prepare and provide to the City update reports submitted semi-annually and within 48 hours when requested by the City. All reports should document details of any subcontractor’s work and the current status of specific key performance indicators established for each service area.
bb) Prepare and provide to the City annually (during the budget process), the strategic management plan for continued services in the specific service area managed by the Contractor.
cc) Maintain and update at least semi-annually the scope of work, listing specific services to be delivered in the service area managed by the Contractor.
dd) Designate an employee responsible for the proper maintenance of all City records in accordance with the City’s records retention policy including both archival and destruction.
Project Oversight and Staffing
The successful offeror will report to the City Manager. The contract will be with the City of Tucker. Project status updates are mandatory, during the work via in process reviews (IPRs), reports and/or other interactions as proposed or specified.
2.0 RFQ STANDARD INFORMATION
2.1 Authority
This RFQ is issued under the authority of the Purchasing Division of the City of Tucker. The RFQ process is a procurement option allowing the award to be based on stated evaluation criteria. The RFQ states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFQ, will be used.
2.2 Offeror Competition
The City encourages free and open competition among offerors. Whenever possible, the City will design specifications, proposals, and conditions to accomplish this objective, consistent with the necessity to satisfy the City’s need to procure technically sound, cost‐ effective services and supplies.
2.3 Receipt of Proposals and Public Inspection
2.3.1 Public Information
All information received in response to this RFQ, including copyrighted material, is deemed public information and will be made available for public viewing and copying shortly after the time for receipt of Proposals has passed with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked as “trade secret”, separated and documented; (2) matters involving individual safety as determined by the City of Tucker (3) any company financial information requested by the City of Tucker to determine Contractor responsibility, unless prior written consent has been given by the offeror; and (4) other constitutional protections.
2.3.2 Procurement Officer Review of Proposals
Upon opening the Proposals received in response to this RFQ, the procurement officer in charge of the solicitation will review the Proposals and separate out any information that meets the referenced exceptions in Section 2.3.1 above, providing the following conditions have been met:
Confidential information is clearly marked as “trade secret” and separated from the rest of the Proposal.
The Proposal does not contain confidential material in the cost or price section.
An affidavit from an offeror’s legal counsel attesting to and explaining the validity of the trade secret claim is attached to a Proposal containing trade secrets.
Information separated out under this process will be available for review only by the procurement officer, the evaluation committee members, and limited other designees. Offerors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a “right to know” (open records) request from another party.
2.4 Classification and Evaluation of Proposals
2.4.1 Initial Classification of Proposals as Responsive or Non‐responsive
All Proposals will initially be classified as either “responsive” or “non‐responsive”. Proposals may be found non‐responsive any time during the evaluation process or contract negotiation if any of the required information is not provided; or if the Proposal is not within the plans and specifications described and required in the RFQ. If a Proposal is found to be non‐responsive, it will not be considered further.
2.4.2 Determination of Responsibility
The procurement officer will determine whether an offeror has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of non‐responsibility. If an offeror is found non‐ responsible, the determination must be in writing, made a part of the procurement file, and mailed to the affected offeror.
2.4.3 Evaluation of Proposals
All responsive Proposals will be evaluated based on stated evaluation criteria. In evaluating against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFQ responses. This evaluation will be used to determine the most advantageous offering to the City. Only those that meet the evaluation criteria will be considered as short listed.
2.4.4 Completeness of Proposals
Selection and award will be based on the offeror’s Proposal and other items outlined in this RFQ.
Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by offerors outside the formal response or subsequent discussion/negotiation or “best and final offer,” if requested, will not be considered, will have no bearing on any award, and may result in the offeror being disqualified from further consideration.
2.5 City’s Rights Reserved
Issuance of the RFQ in no way constitutes a commitment by the City of Tucker 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:
cancel or terminate this RFQ;
reject any or all Proposals received in response to this RFQ;
waive any undesirable, inconsequential, or inconsistent provisions of this RFQ which would not have significant impact on any proposal;
not award if it is in the best interest of the City not to proceed with contract execution; or if awarded, terminate any contract if the City determines adequate City funds are not available.
2.6 General Information
1. It is extremely important that project schedules are met. Only those firms or teams with the necessary resources and a commitment to complete all work on schedule should submit a Proposal.
2. It is preferred that firms are pre‐qualified for work with Georgia Department of Transportation, but not required, provided that they have extensive working knowledge of GDOT processes, procedures, requirements and details.
3. City of Tucker will expect to liaison with a single project manager representing the prime consultant firm and the sub‐consultants.
4. The City may select the best qualified consultant based on the information received from interested firms as a result of this solicitation.
5. City of Tucker reserves the right to cancel this Request for Qualifications at any time when it is determined to be in the best interest of the City.
6. City of Tucker also reserves the right to increase, reduce, add or delete any item in this solicitation as deemed necessary.
7. It is the responsibility of all firms interested in submitting proposals for this advertisement to routinely check the posting on the website for any revisions to this RFQ.
8. Incomplete submittals will not be considered. Late submittals will not be accepted.
3.0 STATEMENT OF QUALIFICATIONS SUBMISSION AND EVALUATION
3.1 Process for Submitting Statement of Qualifications
3.1.1 Preparation of Statement of Qualifications
Each Proposal should be prepared simply and economically, avoiding the use of elaborate promotional materials beyond those sufficient to provide a complete presentation. Proposals should be limited to 100 pages.
Any Proposal received after the due date and time will not be evaluated.
3.2 Evaluation Process
The Selection process is primarily Qualifications‐Based where the technical skills, experience and the interview process are the most significant components of the evaluation process. All responsive RFQ responses will be evaluated based on stated evaluation criteria. In evaluating against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFQ responses in terms of quality and contractual factors. These evaluations will be used to determine the most advantageous offering to the City. Only those that meet the evaluation criteria will be considered as short listed.
3.2.1 Mandatory Requirements Review
Proposals will be reviewed to ensure all requirements identified are addressed satisfactorily. The Selection process is primarily Qualification‐Based where the technical skills, experience and the interview process are the most significant components of the evaluation process. The following outlines the process to be utilized;
1. A Committee will review the Proposals of the firms who submit for this project.
2. The highest ranked proposals (no defined number) will be defined as the “short list”.
3. The “short‐listed” firms will be notified. The list of short‐listed firms will also be posted on the City website. The “short‐listed” firms will be provided a date and time in which to appear for an interview, if required.
4. Following the interviews, the City will reach out to the selected firms to submit pricing.
5. The City reserves the right to negotiate with any and all firms short listed to submit pricing proposals.
6. City Council has the final authority for selection.
3.2.2 Submittal Requirements
Failure to meet these requirements will result in the Proposals being determined to be “non‐ responsive” and the entire submittal will be rejected.
a) Firm Experience and References: Provide examples of the firm’s experience and ability in delivering effective services to client(s) for projects of similar complexity, size, scope and function.
For each project, the following information should be provided:
a. Client name, project location and dates during which services were performed.
b. Description of overall project and services performed by the firm.
c. Duration of project services provided by the firm as well as overall project budget.
d. Client(s) current contract information including contact names, telephone numbers and email addresses (minimum of five references).
b) Proposed Project Staffing including Full-Time On-Site Personnel and Functional area Management and staff including education, professional registrations, years of experience, years with firm, actual work performed by the individual and experience with related software (CityWorks). Please include an Organizational Chart with proposed positions and staff by functional area. The firm’s proposed
Public Works Director/Professional Engineer must be identified as well as the designated staff person that will act as the primary point of contact with the City.
c) Area Class Summary Form and Notice of Professional Consultant Qualifications: Provide a copy of the firm’s GDOT Area Class Summary form showing firm qualifications by area.
d) Proposed Approach: The City of Tucker requires a much-improved level of service related to Public Works maintenance and repair. Dekalb County’s initial wave of suburban development was in the 1960s and 1970s, while over the last ten years there has been a dramatic interest in redevelopment and economic expansion in the City of Tucker. While there are increasing businesses, residents and use of our streets and stormwater conveyances, the maintenance of dated infrastructure has been sorely lacking. From a stormwater standpoint, a limited field inventory of public stormwater assets within the city was recently completed by Atlas Engineering. The greatest concern found in the analysis was the condition of corrugated metal pipes. It is estimated that approximately 12 miles of this type of pipe requires replacement, 75% of these pipes are 30 plus years in age and they account for 60% of the system. Other, less costly improvements that were identified include pipe cleaning due to siltation, replacement of a very small percentage of structures, minor structure repair and cleaning, a small number of pond structure replacements and well as significant pond vegetation removal and fencing to secure some sites. The City looks forward to receiving a holistic and dynamic approach to addressing these very real concerns over a reasonable time frame. In November of 2022, the citizens gave a strong vote of confidence to the City by approving a referendum that would allow for funding for a Public Works Department. It is paramount that the consultant partner can deliver these services in a manner that exceeds expectations and their means of achieving this delivery is coherently outlined in their submittal.
3.3 Rejection of Proposals/Cancellation of RFQ
The City reserves the right to reject any or all proposals, to waive any irregularity or informality in a proposal, and to accept or reject any item or combination of items, when to do so would be to the advantage of the City. It is also within the right of the City to reject proposals that do not contain all elements and information requested in this document. The City reserves the right to cancel this RFQ at any time. The City will not be liable for any cost/losses incurred by the Offerors throughout this process.
3.4 City’s Right to Investigate and Reject
The City may make such investigations as deemed necessary to determine the ability of the offeror to provide the supplies and/or perform the services specified.
3.5 Offeror Informational Requirements
In determining the capabilities of an offeror to perform the services specified herein, the following informational requirements must be met by the offeror. (Note: Each item must be thoroughly addressed.
Offerors taking exception to any requirements listed in this section may be found non‐responsive or be subject to point deductions.)
3.5.1 Resumes/Company Profile and Experience
Offeror shall specify how long the individual/company submitting the Proposal has been in the business of providing services similar to those requested in this RFQ and under what company name. A resume or summary of proposals, work experience, education, skills, etc., which emphasizes previous experience in this area should be provided for all key personnel who will be involved with any aspects of the contract.
3.5.2. Offeror Financial Stability
Offerors shall demonstrate their financial stability to supply, install and support the services specified by:
(1) providing financial statements, preferably audited, for the 2 (two) consecutive years immediately preceding the issuance of this RFQ, and (2) providing copies of any quarterly financial statements that have been prepared since the end of the period reported by your most recent annual report.
4.0 TERMS AND CONDITIONS
4.1 RFQ Amendments
The City reserves the right to amend this RFQ prior to the due date. All amendments and additional information will be posted to the DOAS/Georgia Procurement Registry, located at:
http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp and also the City’s website at: www.tuckerga.gov Offerors are encouraged to check this website frequently.
4.2 Proposal Withdrawal
A submitted Proposal may be withdrawn prior to the due date by a written request to the City Manager. A request to withdraw a Proposals must be signed by an authorized individual.
4.3 Cost for Preparing Proposals
The cost for developing the Proposal is the sole responsibility of the Offeror. The City will not provide reimbursement for such costs.
4.4 Term
The term of any contract awarded shall be for two (2) years from the beginning date, with opportunity for a one (1) years extension at the option of the city.
4.5 Conflict of Interest
If an Offeror has any existing client relationship that involves the City of Tucker, the Offeror must disclose each relationship.
4.6 Minority Business Policy
It is the policy of the City of Tucker that minority business enterprises shall have a fair and equal opportunity to participate in the City purchasing process. Therefore, the City of Tucker encourages all minority business enterprises to compete for, win, and receive contracts for goods, services, and construction. Also, the City encourages all companies to sub‐contract portions of any City contract to minority business enterprises.
4.7 ADA Guidelines
The City of Tucker adheres to the guidelines set forth in the Americans with Disabilities Act. Offerors should contact the Issuing Officer at least one day in advance if they require special arrangements when attending the Offeror's Conference, if any. The Georgia Relay Center at 1‐800‐255‐0126 (TDD Only) or 1‐800‐255‐0135 (Voice) will relay messages, in strict confidence, for the speech and hearing impaired.
4.8 Compliance with Laws
The Contractor will comply with all City, State of Georgia, Title VI and Federal laws, rules, and regulations.
4.9 Indemnification
In any contract awarded, Contractor shall be responsible for and shall indemnify and hold City harmless from any and all claims, demands, costs, damages and expenses of whatever nature (including, without limitation, attorney’s fees) relating to or arising from (a) Contractor’s breach of any of the representations and warranties contained herein; (b) Contractor’s failure to follow City’s specifications; (c) Contractor’s other breach of the terms hereof; or (d) any other act(s) or omissions(s) of Contractor, its employees, independent contractors, agents, and suppliers.
4.10 Corrections/Credits
In any contract awarded, at City’s option, Contractor shall either issue an appropriate credit or undertake, at Contractor’s sole cost, corrections to materials made necessary by reason of Contractor’s failure to follow City’s specifications or Contractor’s other breach of the terms hereof. The remedies afforded City in this paragraph are in addition to, not in lieu of, any other remedy herein or provided by law or equity.
4.11 Insurance
During the period of any contract awarded, Contractor shall maintain the following insurance (a) comprehensive general liability, including blanket contractual, covering bodily injuries with limits of no less than $1,000,000.00 per person and $3,000,000.00 per occurrence, and property damage with limits of no less than $1,000,000.00 per occurrence; and (b) statutory worker’s compensation insurance, including employer’s liability insurance. In addition to above general coverages, contractor shall maintain Professional Liability Insurance with limits of $2,000,000 per occurrence and in aggregate. All insurance shall be provided by an insurer(s) acceptable to City and shall provide for thirty (30) days prior notice of cancellation to City. Upon request, Contractor shall deliver to City a certificate or policy of insurance evidencing Contractor’s compliance with this paragraph. Contractor shall abide by all terms and conditions of the insurance and shall do nothing to impair or invalidate the coverage. Coverage shall also include the City of Tucker named as “additional insured”.
4.12 Independent Contractor
In any contract awarded, Contractor shall at all times be acting as an independent contractor and not be considered or deemed to be an agent, employee, joint venture or partner of City. Contractor shall have no authority to contract for or bind City in any manner.
4.13 No Assignment
During the period of any contract awarded, Contractor may not assign this agreement or any of its rights or responsibilities hereunder, without City’s prior written consent.
4.14 Audit
During the period of any contract awarded, upon not less than two (2) days prior notice, City shall have the right to inspect and audit all records (including, without limitation, financial records) of Contractor which pertain to Contractor’s fulfillment of this agreement and charge, therefore.
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