ON CALL WATER & SEWER CONSTRUCTION SERVICE

Request for Qualifications

ADVERTISEMENT for
RFP 26-55 ON-CALL WATER & SEWER CONSTRUCTION SERVICE
The City of College Park is presently accepting proposals from qualified persons, firms, or companies
for the above-advertised solicitation.
Proposals will be received no later than Tuesday, June 5th, 2026, at 3:30 pm EST
https://www.bidnetdirect.com/georgia/collegeparkga.gov.
Proposals received after the above date and time, or in any other location other than the Purchasing
Department, will not be considered.
Timeline
Question, Answer, and Clarification Deadline May 22nd ,
03:00 pm (EST)
2026,
Non-Mandatory Pre-Bid
Non-Mandatory Pre-Bid Conference will be held virtually by
our staff and the responsible person(s).
May 21st , 2026 10:00 am (EST)
TEAMS:
Meeting ID: 282 162 394 263 739
Passcode: dv3Ej3Bb
RFP Submittal Due Date June 5th , 2026 03:30 pm (EST)
https://www.bidnetdirect.com/georgia/collegeparkga.gov
Bidders are required to submit responses to solicitations
electronically. If you need any assistance registering or using
the platform, please call BidNet Direct's Support Team at 800-
835-4603 ext. 2 for assistance.
TEAMS:
Meeting ID: 277 629 874 975 335
Passcode: k6Dc6eW7
All minority, woman-owned, and small business owners are strongly encouraged to submit a
proposal for this solicitation. The contract will be awarded to the most responsive offeror, not
always the lowest cost, that is determined to meet the requirements and criteria set forth within the
solicitation.
The City of College Park reserves the right to reject any or all bids based on past performance and
to waive technicalities and informalities and re-advertise.
RFP
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Purchasing Department
(General Instructions to Offeror)
1. If there are any questions whatsoever regarding any portion of the advertised solicitation, it
becomes the responsibility of the person, firm, or company to seek clarification through the
BidNet portal.
2. Responses to all/any question(s), in the form of an addendum, will be published with the
corresponding solicitation under the Bid/RFPs link on the City's website and Bidnet portal, no
later than the suggested deadline.
3. It shall be the person, firm, or company's responsibility to check the City's website under the
Purchasing Department and Bidnet portal under College Park, for all/any published addenda.
4. The person, firm, or company shall indicate any variation(s) from the specification(s) in writing
and include them with their proposal.
5. The apparent silence of the specifications and any supplement specifications as to any details
or the omission from it of a detailed description concerning any point shall be regarded as
meaning that only the best practices are to prevail and that only materials of first quality and
correct type, size, and design are to be used.
a. All workmanship shall be of first quality.
b. All interpretations of the specification(s) shall be made upon the basis of the statement.
6. All bids shall be awarded to the most responsive and responsible offeror unless additional
criteria and qualifications are established by the solicitation. If no criteria are specified in the
solicitation, the award will be based upon the lump sum price alone.
7. In most cases, proposals shall be evaluated on the following items, but not necessarily in this
order:
a. Cost (not always the winning proposal).
b. Offeror adheres to specifications.
c. Deliverables of good/service(s).
d. Past performance of person, firm, or company to the City of College Park.
8. The City of College Park desires delivery of the material and/or services specified at the earliest
possible time after the date of award.
a. Offeror shall provide an estimated time.
b. An unreasonable delivery proposal may be cause for the disqualification of a bid.
9. All prices shall be for delivery, our destination, F.O.B. freight prepaid, and allow College
Park, Georgia, unless otherwise shown. (if applicable)
10. Cash discounts or end-of-month terms should be shown separately, even if terms are net.
11. The City of College Park:
a. Reserves the right to accept or reject any or all bids, due to past performance, etc., and
waive any informality. Further, the City expressly reserves the right to postpone the
opening of proposals for its own convenience and to reject any or all proposals in
response to this RFP without indicating any reasons for such rejection(s).
b. Request and consider the submission of proposal modifications at any time before the
award is made, if such is in the best interest of the City.
c. Request clarification and/or additional information from proposers during the
evaluation process.
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d. Negotiate with the selected consultant to include further services not identified in this
RFP.
e. In the event of contract termination, enter contract negotiations with other qualified
companies that submitted acceptable proposals, rather than redoing the proposal
process for the project.
f. The City of College Park will accept or reject all bids within 90 days from the date of
the bid opening.
12. The bidder or contractor shall provide a copy of the person, firm, or company's Workers'
Compensation Insurance with a limit of not less than required by the State of Georgia or
otherwise stated in the bid instructions.
13. The bidder or contractor shall provide a copy of the person, firm, or company's Commercial
General Liability Insurance. (if applicable)
14. Federal or State Sales Tax is inapplicable to the City of College Park.
a. The Tax Identification Number (TIN) is 58-6000542. form provided upon request.
b. Under the Code of Georgia, Charter 88-18, has sales tax-exemption status; form
provided upon request.
c. City of College Park Unique Entity Identifier (UEI) can be provided upon request.
The undersigned on the bid proposal certifies that the person, firm, or company has carefully examined
the instructions to bidders, terms, and specifications applicable to and made a part of this proposal.
The person, firm, or company further certifies; the prices shown in the schedule of items on which the
person, firm, or company is bidding are in accordance with the conditions, terms, and specifications of
the proposal and that any exception taken thereto may disqualify the bid.
SIGNATURE: __________________________________________ DATE: ________________
NOTE: This Request for Proposal (RFP) document is a standard boilerplate form; in addition, take into
consideration that this may not be modified for every RFP.
City of College Park
(Terms and Conditions)
THE CONTRACT: The documents ("Contract Documents") that form the contract (the "Contract") between
Buyer and Seller are the Buyer's purchase order (the "PO") issued to Seller, all documents referenced in the PO
(including without limitation drawings, specifications, instructions, quality assurance requirements and any other
referenced documents), all drawings, specifications and other documents referenced in the Buyer's request for
quotation issued to Seller for the Contract (unless and to the extent such documents are excluded from the
Contract by express provisions in, and not by mere omission from, the PO), supplements to the PO issued to
Seller by Buyer, these Terms and Conditions, and all documents referenced in any Contract Documents. What is
required in any one Contract Document shall be deemed required by all Contract Documents and the Contract.
Where there is any conflict or inconsistency between the provisions in one or more of the Contract Documents,
the provision entitled ORDER OF PRECEDENCE shall be controlling, unless otherwise agreed in a writing
signed by the representative (or his/her successor) of Buyer who signed the PO.
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ACCEPTANCE: The acceptance by Seller that forms the Contract shall be deemed conclusively to have occurred
upon Seller's acknowledgment of the PO, shipment of any goods, performance of any services, or commencement
of any work on supplies or goods covered by the Contract. Any acceptance by Seller on purported terms and
conditions that differ in any way from the provisions of the Contract shall be effective to form and bind Seller to
the Contract, but such terms and conditions shall not become part of, or in any way alter, amend, or otherwise
modify any of the provisions of the Contract. Any shipment of goods, performance of services, or commencement
of work on supplies by Seller shall be deemed to be only upon the terms and conditions contained in the Contract,
except to the extent that Buyer may otherwise expressly consent in a writing signed by the representative (or
his/her successor) of Buyer who signed the PO. Seller agrees that Buyer's acceptance or payment for any
shipment of goods or similar act of Buyer shall not be claimed or construed to constitute such consent.
DELIVERY: (a) Delivery must be in strict compliance with the schedule contained in the Contract and shall be
made by Seller at such times and places and of such items and quantities as may from time to time be specified
by Buyer. If Seller fails to meet its scheduled delivery dates and Buyer elects to call for expedited shipments,
Seller will pay the difference between the method of shipping specified and the actual expedited rate incurred.
Seller shall be responsible for any additional charges resulting from deviation from Buyer's routing instructions.
If Seller fails to make delivery promptly and regularly, as required under the Contract, Buyer may, in addition to
other remedies available at law, terminate the Contract by giving notice to Seller. Title and risk of loss shall
remain in Seller until goods are delivered to the F.O.B. point specified in the Contract. Notwithstanding such
delivery, Seller shall bear the risk of loss or damage to goods purchased hereunder from the time that Buyer gives
notice of rejection of goods pursuant to the inspection provisions of this Contract. If Seller encounters or
anticipates difficulty in meeting the delivery schedule, Seller shall immediately notify Buyer in writing, giving
pertinent details; provided, however, that such data shall be informational only in character and shall not be
construed as a waiver by Buyer of any delivery schedule or date or of any rights or remedies of Buyer provided
by law or the Contract. Parts fabricated in excess or in advance of Buyer's release are at Seller's risk. Buyer
reserves the right, without loss of discount privileges, to pay invoices covering items shipped in advance of the
schedule on the normal maturity after the date specified for delivery. (b) Packaging and packing of items to be
delivered by Seller under the Contract shall ensure safe arrival at their destination, secure the lowest
transportation cost, conform to the requirements of common carriers, and, in any event, comply with Buyer's
minimum specifications.
INSPECTION: Buyer shall have the right to inspect the goods and/or services supplied hereunder at any time
during the manufacture or fabrication thereof at Seller's facilities or elsewhere. Such inspection may include,
without limitation, raw materials, components, work in process, and completed products, as well as drawings,
specifications, and released data. Final inspection and acceptance shall be after delivery to the delivery point
designated by Buyer. If any inspection or test is made by Buyer at Seller's facility or elsewhere, Seller shall
provide reasonable facilities and assistance for the inspection personnel. Buyer may reject all goods supplied
hereunder which are found to be defective. Goods so rejected may be returned to Seller at Seller's expense. No
inspection, examination or test, regardless of extensiveness or type, and no approval given in connection with
any such inspection, examination or test, whether under the Contract or another contract for the same or similar
goods and/or services, shall relieve Seller, or be claimed by Seller to relieve it, of any obligation to comply fully
with all requirements of the Contract, including the obligation to produce goods and/or services that conform to
all requirements of the drawings, specifications and other Contract Documents. At Buyer's request, Seller shall
repair or replace defective goods and/or services at Seller's expense. Failure to inspect goods and/or services,
failure to discover defects in goods and/or services, or payment for goods and/or services shall not constitute
acceptance or limit any of Buyer's rights, including without limitation those under the WARRANTY provisions
of the Contract. In the event inspection reveals a defect or defects and schedule urgency requires that the defect
or defects be corrected by Buyer to support production, all costs of such correction, including without limitation
installation and removal, will be charged to Seller; such charges will also include time and material and
appropriate indirect and overhead expenses. Seller shall maintain an inspection system acceptable to Buyer
covering the goods and/or services furnished hereunder.
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OVER SHIPMENT: Goods shall not be supplied in excess of quantities and shipping tolerances, if any, specified
in the Contract. Seller shall be liable for handling charges and return shipment costs for any excess quantities,
and unless Seller agrees to pay for such costs, the over-shipped material will be retained by Buyer at no cost.
PRICES: Unless otherwise specified, prices are F.O.B. the place shown on the face of the PO and are exclusive
of state sales and use taxes. No charge will be allowed for packing, crating, drayage, or storage. Seller warrants
that those prices charged for the goods and/or services are not higher than those charged to any other customer
for goods and/or services of like grade and quality in similar or lesser quantities.
PAYMENT: Seller shall be paid upon submission of properly prepared invoices in accordance with Buyer's
invoicing instructions for materials and supplies delivered to and accepted by Buyer. Any adjustments in Seller's
invoice due to shortages, rejection, or other failure to comply with the provisions of this Contract, or under any
other order or contract between Buyer and Seller, may be made by Buyer before payment. Discount periods shall
commence ten (10) days after the latest of scheduled delivery, actual delivery, or receipt of invoice. No charges
will be honored unless specified on the face of the PO. Invoices must be accompanied by a transportation receipt
if transportation is payable as a separate item.
WARRANTY: Seller warrants that those goods ordered to specifications will conform thereto and to any
drawings, samples, or other description furnished or adopted by Buyer, and will be fit and sufficient for the
purpose intended; and that all goods are merchantable, of good material and workmanship, and free from defect.
Regarding any services provided under this Contract, Seller warrants: 1) that Seller is qualified to perform all
services required of the Seller by this Contract; 2) that Seller possesses all licenses required of all public entities
having jurisdiction over the Seller and the Buyer to perform such services; and 3) that Seller's workmanship will
conform to all specifications and will perform as specified. Such warranties, together with Seller's other service
warranties and guarantees, if any, shall survive inspection, test, acceptance of, and payment for the goods and/or
services and shall run to Buyer, its successors, assigns, customers at any tier, and ultimate user and joint users.
Notices of any defects or nonconformity shall be given by the Buyer to the Seller within fifteen (15) months after
acceptance by the ultimate user; provided, however, that in the event the goods are designed by Seller, notice
must be given within three (3) years after acceptance by the ultimate user. The rights and remedies of the Buyer
concerning latent defects shall exist indefinitely and shall not be affected in any way by any terms and conditions
of this Contract, including this clause. Buyer may, at its option, and in addition to other remedies available at
law, either (i) return for credit, (ii) require prompt correction or replacement of the defective or nonconforming
goods and/or services, or (iii) have the defective items corrected or replaced at Seller's expense and deduct the
cost thereof from any monies due Seller. The return to Seller of any defective or nonconforming goods and
delivery to Buyer of any corrected or replaced goods and/or services shall be at Seller's expense. Goods and/or
services required to be corrected or replaced shall be subject to the provision of this paragraph and the paragraph
of this Contract Document entitled "inspection" in the same manner and to the same extent as goods and/or
services originally delivered under this Contract. In addition to correcting or replacing any defective or
nonconforming goods and/or services, Seller shall also reimburse Buyer for all costs and expenses incurred by
Buyer in connection with inspection and discovery of the defects, identifying and correcting the cause of such
defects and all other activities reasonably undertaken by Buyer to obtain conforming goods and/or services or
attempting to obtain from the ultimate user a waiver to permit the defective goods and/or services to be used with
all or part of the defective conditions.
BUYER'S ASSISTANCE AND COOPERATION: During Seller's performance of this Contract, Buyer may, but
has no obligation to, provide assistance to, or cooperate with, Seller in activities that facilitate the proper
performance and completion of this Contract by Seller. Such assistance and cooperation may include without
limitation: (i) providing engineering or other analysis or advice on correcting manufacturing deficiencies or other
problems; (ii) acquiescing in a change of manufacturing facilities or location; (iii) refraining from strict
enforcement of time schedule requirements under the Contract; (iv) permitting use of test materials or
documentation not performed or produced under this Contract. Such assistance or cooperation by Buyer shall
not be construed, and Seller agrees that it will not claim that any such assistance or cooperation operates to
relieve Seller from complete, proper, and punctual performance of all of Seller's obligations under this Contract.
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COMPLIANCE WITH LAWS AND REGULATIONS: Seller warrants that in the performance of this order
Seller will comply with all applicable statutes, rules, regulations, and orders of the United States, and of any
State or political subdivision thereof, and agrees to indemnify Buyer against any loss, cost, damage or liability,
by reason of Seller's violation of this warranty.
CHANGES: Buyer may at any time, by a written notice, and without notice to sureties or assignees, make
changes within the general scope of this Contract. If any such change causes an increase or decrease in the cost
of, or the time required for, the performance of any part of the work under this Contract, whether changed or not
changed by any such order, or affects any such order, or affects any other provisions of this Contract, an equitable
adjustment shall be made in the price or delivery schedule, or both, and in such other provisions of this Contract
as may be affected, and this Contract shall be modified in writing accordingly. Any claim by Seller for adjustment
under this paragraph shall be asserted in writing within twenty (20) days from the date of receipt of the written
notice directing the change. Where the cost of property made obsolete or excess as a result of a change is included
in the equitable adjustment, Buyer shall have the right to prescribe the manner of disposition of such property.
The amount of any price increase from a change shall be based on the actual reasonable cost to perform the
change. The amount of any price decrease from a change shall be based on the reduction in the Seller's cost that
reasonably should have occurred as a result of the change. Seller shall maintain complete and accurate accounting
records properly documenting the foregoing cost, and such records shall be produced for examination and
copying by Buyer within ten (10) days of a request by Buyer. Failure to agree to any adjustment shall be a dispute
within the meaning of the "Disputes" paragraph of this Contract Document. However, nothing in this paragraph
shall excuse the Seller from proceeding with the Contract as changed. Any action taken by Seller which affects
any provision of this Contract, including delivery and price, whether or not accomplished with the concurrence
of Buyer's employees, shall not entitle Seller to an equitable adjustment in accordance with this paragraph, unless
such action has been specifically directed by written notice issued by Buyer.
STOP WORK ORDER: Buyer may at any time, by written notice to Seller, require Seller to stop all or any part
of the work called for by this Contract for a period of up to ninety (90) days after the notice is delivered to Seller
("Stop Work Order"). Upon receipt of the Stop Work Order, Seller shall forthwith comply with its terms and take
all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the
period of work stoppage. Within a period of ninety (90) days after a Stop Work Order is delivered to Seller, or
within any extension of that period to which the parties shall have agreed, Buyer shall either cancel the Stop
Work Order, or terminate the work covered by this Contract as provided in the "Termination for Default" or the
"Termination for Convenience" paragraphs of this Contract Document, whichever may be appropriate. Seller
shall resume work upon cancellation or expiration of any Stop Work Order. An equitable adjustment shall be
made in the delivery schedule or price hereunder, or both, and this Contract shall be modified in writing
accordingly, if the Stop Work Order results in an increase in the time required for the performance of this order
or in Seller's costs properly allocable thereto. The amount of any adjustment in the Contract price shall be
determined as provided in the "Changes" paragraph of this Contract Document.
TERMINATION FOR DEFAULT:
(a) Buyer may, subject to the provisions of subparagraph (c) below, by written notice of default to Seller,
terminate the whole or any part of this Contract in any one of the following circumstances: (i) if Seller fails to
make delivery of the goods and/or services or to perform this Contract within the time specified herein or any
extension thereof; or (ii) if Seller fails to perform any of the other provisions of this Contract, or so fails to make
progress as to endanger performance of this Contract in accordance with its terms, and does not cure such failure
within a period of ten (10) days or longer period (as Buyer may authorize in writing) after receipt of notice from
Buyer specifying such failure.
(b) In the event Buyer terminates this Contract in whole or in part as provided in subparagraph (a) above,
Buyer may procure, upon such terms and in such manner as Buyer may deem appropriate, supplies or services
similar to those so terminated, and Seller shall be liable to Buyer for any excess costs for the same, including
without limitation all costs and expenses of the type specified in the "WARRANTY" paragraph of this Contract
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Document; provided, that Seller shall continue the performance of this Contract to the extent not terminated
hereunder.
(c) Except with respect to defaults of subcontractors, Seller shall not be liable for any excess costs if the
failure to perform this Contract arises out of causes beyond the control and without the fault or negligence of
Seller. Such causes may include, but are not limited to, acts of God, or of the public enemy, acts of the
Government in either its sovereign or contractual capacity, fires, flood, epidemics, quarantine restrictions, strikes,
freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the
control and without the fault or negligence of Seller.
If the failure to perform is caused by the default of a subcontractor, and if such default arises out of causes beyond
the control of both Seller and the subcontractor, and without the fault or negligence of either of them, Seller shall
not be liable for any excess costs for failure to perform, unless the supplies or services to be furnished by the
subcontractor were obtainable from other sources in sufficient time to permit Seller to meet the required delivery
schedule. The term(s) "subcontractor(s)" shall mean subcontractor(s) at any tier.
(d) If this Contract is terminated as provided in subparagraph (a) above, Buyer, in addition to any other
rights provided in this Contract, may require Seller to transfer title and deliver to Buyer in the manner and to the
extent directed by Buyer, (i) any completed goods, and (ii) such partially completed goods and materials, parts,
tools, dies, jigs, fixtures, plans, drawings, information, and contract rights (hereinafter called "manufacturing
materials") as Seller has specifically produced or specifically acquired for the performance of such part of this
Contract as has been terminated; and Seller shall, upon direction of Buyer, protect and preserve property in the
possession of Seller in which Buyer has an interest. Payment for completed goods and/or services delivered to
and accepted by Buyer shall be at the Contract price. Payment for manufacturing materials delivered to and
accepted by Buyer and for the protection and preservation of property shall be in an amount agreed upon by
Buyer and Seller; failure to agree to such amount shall be a dispute concerning a question of fact within the
meaning of the paragraph of this order entitled "Disputes." Buyer may withhold from amounts otherwise due
Seller for such completed supplies or manufacturing materials such sum as Buyer determines to be necessary to
protect Buyer or the Government against loss because of outstanding liens or claims of former lien holders or
for damages otherwise caused by Seller's failure to perform its obligations under the Contract.
(e) If, after notice of termination of this Contract under the provisions of this paragraph, it is determined for
any reason that Seller was not in default under the provisions above, or that the default was excusable under the
provisions of this paragraph, the rights and obligations of the parties shall be the same as if the notice of
termination had been issued pursuant to the "Termination for Convenience" paragraph of this Contract
Document.
(f) The rights and remedies of Buyer provided in this paragraph shall not be exclusive and are in addition
to any other rights and remedies provided by law or under this Contract.
TERMINATION FOR CONVENIENCE: Buyer may at any time, by written notice, terminate all or any part of
this Contract for Buyer's convenience. If this Contract is terminated, in whole or in part, for Buyer's convenience,
Seller shall be paid an amount, to be mutually agreed upon, which shall be adequate to cover the actual reasonable
cost paid by Seller for the actual labor and material reasonably used by Seller to perform the work under this
Contract to the effective date of termination, plus a reasonable profit thereon; provided that no amount shall be
paid to Seller for (i) any anticipatory profits related to work under this Contract not yet performed, or (ii) costs
incurred due to Seller's failure to terminate work as ordered on the effective date of termination. In no event shall
the total amount paid under the provisions of this paragraph exceed the prices set forth in this Contract for the
work terminated. If a Government contract number is cited on the face of the PO, a termination for Buyer's
convenience shall be accomplished in accordance with FAR 52.249, as in effect on the date of this Contract,
which shall be controlling over any conflicting provisions hereof.
INDEMNIFICATION: If this Contract is issued under a Government prime contract or subcontract, Seller shall
indemnify Buyer against and hold Buyer harmless from all claims, expenses, and losses, arising out of
performance of this Contract by Seller (i) when such claims, expenses, and losses result from the failure of Seller
to furnish to Buyer, in accordance with the provisions of the relevant regulations, cost or pricing data, which is
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accurate, complete and current at the time of Seller's and Buyer's agreement to the negotiated price or at the time
when Buyer requests a reaffirmation of the same, and (ii) when such claims, expenses and losses result from
Seller's failure to comply with the rules and regulations, connection with covered contracts.
DATA: All drawings and specifications, furnished or paid for by Buyer shall be the property of Buyer, shall be
subject to removal at any time without additional cost upon demand by Buyer, shall be used only in filling orders
from Buyer, and shall be kept separate from other drawings and specifications, and identified as the property of
Buyer. The information contained in reports, drawings, documents, or other records which are furnished to Seller
by Buyer relative to this Contract, to the extent that such information is not in the public domain, shall not be
disclosed to others, except to subcontractors as necessary for completion of this Contract, in which event the
subcontractor shall have the same obligation of nondisclosure. Upon completion, termination, or cancellation of
this Contract, Seller shall return all drawings and specifications to Buyer, in the event Buyer requests return of
any such items, within thirty (30) days after the effective date of completion, termination, or cancellation. Any
such data of Buyer retained by Seller shall remain subject to the foregoing restrictions on use, reproduction, and
disclosure. Upon termination of this Contract, either for default or convenience, Buyer may, at Buyer's option,
use, on a non-exclusive basis, all drawings, documents, or other records related to this Contract, whether created
by Buyer or Seller, without further compensation to Seller. Seller may not disclose the existence of this Contract
or the items to be supplied hereunder without Buyer's written consent, except to subcontractors who shall have
the same responsibility.
WORK ON BUYER'S DESIGNATED PREMISES: If Seller, Seller's employees or agents, or Seller's
subcontractors enter Buyer's designated premises for any reason in connection with this Contract, Seller and such
other parties shall observe all security requirements and all plant safety, plant protection, and traffic regulations.
Seller shall defend, indemnify, and hold Buyer harmless from all claims, actions, demands, loss, and causes of
action, arising from injury, including death, to any person, or damage to any property, when such injury or
damage results in whole or in part from the acts or omissions of Seller, Seller's employees or agents, save and
except damage caused by the sole negligence of Buyer. Seller, and any subcontractor used by Seller in connection
with this Contract, shall carry Workmen's Compensation and Employees' Liability Insurance to cover Seller's
and subcontractor's legal liability on account of accidents to their employees. Seller and the subcontractor shall
carry adequate Comprehensive General Liability and adequate Comprehensive Automobile Liability Insurance
covering accidents to their employees. Seller and the subcontractor shall carry adequate Comprehensive General
Liability and adequate Comprehensive Automobile Liability Insurance covering legal liability of Seller and the
subcontractor on account of accidents arising out of the operations of Seller or the subcontractor and resulting in
bodily injury, including death, being sustained by any person or persons, or in any damage to property. At Buyer's
request, Seller shall furnish to Buyer certificates from Seller's insurers showing such coverage in effect and
agreeing to give Buyer ten (10) days' prior written notice of cancellation of the coverage.
ASSIGNMENT AND SUBCONTRACTING: Seller shall not assign this Contract or any portion of this Contract,
nor shall Seller subcontract for completed or substantially completed goods or services purchased hereunder
without the prior express written consent of Buyer. No assignment or subcontract by Seller, including any
assignment or subcontract to which Buyer consents, shall in any way relieve Seller from complete and punctual
performance of this Contract, including, without limitation, all of Seller's obligations under the WARRANTY
provisions of this Contract.
NOTICES: All notices required or permitted to be given hereunder shall be deemed to be properly given if
delivered in writing personally or sent by United States certified or registered mail addressed to Seller or Buyer
at the addresses set forth on the face of the PO, with postage thereon fully prepaid. The effective time of notice
shall be at the time of mailing.
WAIVER: No waiver by Buyer of any breach of this Contract or the granting of an extension for performance
hereunder shall be deemed to be a waiver of any other or subsequent breach. Seller agrees that it will not claim
that Buyer has waived any of Seller's performance requirements under this Contract, and no such waiver shall
be effective to relieve Seller from complete and punctual performance of such requirements, unless such waiver
is expressly stated in writing and signed by Buyer's representative (or his/her successor) who signed the PO.
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DISPUTES: Pending resolution of any dispute hereunder, Seller shall proceed diligently with the performance
of work, including the delivery of goods and/or services in accordance with Buyer's direction.
ORDER OF PRECEDENCE: This Contract constitutes the entire, fully integrated agreement of the parties as to
the subject matter hereof. In the event of any inconsistency among the foregoing, the inconsistency shall be
resolved by giving precedence in the following order: (i) the purchase order to which these terms and conditions
are attached; (ii) these terms and conditions; (iii) the drawings; (iv) the specifications; and (v) the other
documents incorporated by reference.
APPLICABLE LAW: The validity, performance, and construction of this Contract shall be governed by and
construed in accordance with the laws of the state of Georgia, excluding its choice of law rules. Jurisdiction and
venue for any suit between the parties hereto arising out of or connected with this Contract, or the goods furnished
hereunder shall lie only in the City of College Park (Fulton County, Georgia).
CONFIGURATION CONTROL: Seller shall make no change in design, manufacturing, or assembly processes
or source of supply, after approval of the first production test item or after acceptance of the first completed end
item, without the written approval of the Buyer. Seller agrees that any approval by Buyer of the first production
test item or any acceptance by Buyer of the first completed end item shall not in any way relieve Seller from
performing all requirements of this Contract, including Seller's obligations under the provisions of the
"WARRANTY" paragraph of this Contract Document.
RFP
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