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HomeMy WebLinkAbout11-04-2013-Packet Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria CITY COUNCIL CHAMBERS City Hall, Suite 107E Monday, November 4, 2013 Regular Council Meeting Agenda 6:00 PM INVOCATION - Remco Brommet, Chaplain for City of Milton Police and Fire CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 13-255) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the October 14, 2013 Work Session City Council Meeting Minutes. (Agenda Item No. 13-256) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 4 , 2013 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Approval of the October 16, 2013 Special Called City Council Meeting Minutes. (Agenda Item No. 13-257) (Sudie Gordon, City Clerk) 3. Approval of a Professional Services Agreement between the City of Milton and Universal Engineering Sciences, Inc. for a Geotechnical Evaluation. (Agenda Item No. 13-258) (Carter Lucas, Public Works Director) 4. Approval of a Professional Services Agreement between the City of Milton and Planners and Engineers Collaborative, Inc. for the Design of Dam Rehabilitation Measures for the Mayfield Road Dam. (Agenda Item No. 13-259) (Carter Lucas, Public Works Director) 5. Approval of a Construction Services Agreement between the City of Milton and Highway Markings, LLC. for the Placement of Thermoplastic Road Markings in Various Locations throughout Milton. (Agenda Item No. 13-260) (Carter Lucas, Public Works Director) 6. Approval of the following Subdivision Plats: Name of Development Action Comments Six Four Zero Dorris Road, LLC Minor Subdivision Plat Revision Create two lots Heritage at Crabapple Final Plat Create 63 lots Braeburn, Phase IV Final Plat Revision #3 Add units 125-132 Braeburn, Phase IV Final Plat Revision #2 Add units 134-136 Henderson Landing Final Plat Revision Revised lot lines on lots 26 & 27 Deerfield Green Phase 3 Final Plat Revision Add 37 lots Hidden Forest Final Plat Revision Revise lot lines on lots 1-15, 42-57, 75-91 & 99-105. Remove lots 7, 14, 15, 58 & 106 (Agenda Item No. 13-261) (Kathleen Field, Community Development Director) 6) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Pancreatic Cancer Awareness Month. (Presented by Mayor Joe Lockwood) MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 4 , 2013 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Proclamation Recognizing National American Indian Heritage Month. (Presented by Mayor Joe Lockwood) 3. Proclamation Recognizing Veterans Day 2013. (Presented by Councilmember Bill Lusk) 7) FIRST PRESENTATION 1. Consideration of an Ordinance to Amend Chapter 2, Article VI, Administration-Financial Management Program Section 2-262(a)(2) to Provide for Piggybacking from Contracts of other Public Entities that have been Renewed or Extended. (Agenda Item No. 13-262) (Ken Jarrard, City Attorney) 8) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATIONS 1. Consideration of the Issuance of an Alcohol Beverage License to Taziki’s Mediterranean Cafe, Located at 5306-B Windward Parkway, Milton, Georgia 30004. The Applicant is Mike Hoffman – Consumption on Premises – Wine and Malt Beverages. (Agenda Item No. 13-263) (Stacey Inglis, Assistant City Manager) 2. Consideration of the Issuance of an Alcohol Beverage License to ALAR Enterprises, LLC d/b/a Chevron Food Mart, Located at 13021 Deerfield Parkway, Milton, Georgia 30004. The Applicant is Allauddin Madhani – Retail Package Sale – Wine and Malt Beverages. (Agenda Item No. 13-264) (Stacey Inglis, Assistant City Manager) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS (None) MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 4 , 2013 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 11) NEW BUSINESS 1. Consideration of a Construction Services Agreement between the City of Milton and Alan Densmore, Inc. for Debris Removal Services in Accordance with Fulton County Superior Court Order No. 2009CV164310. (Agenda Item No. 13-265) (Carter Lucas, Public Works Director) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 13-266) The minutes were provided electronically 60 HOME OF ' I * ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 25, 2013 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Universal Engineering Sciences, Inc. for a Geotechnical Evaluation. MEETING DATE: Monday, November 4, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED O NOT APPROVED r CITY ATTORNEY APPROVAL REQUIRED: {}() YES {) NO CITY ATTORNEY REVIEW REQUIRED. YES () NO APPROVAL BY CITY ATTORNEY )(�APPROVED O NOT APPROVED PLACED ON AGENDA FOR: I D E 113(04 REMARKS l '7 © k-ZtL* * * PHONE: 678.242.2500 FAX: 678.242.2499 ~Green 4w Ciryof Commun!ty k E,hi info@cityofmiltonga.us I www.cifyofmiltonga.us . C RTIF ,0 BRONZE 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 GER. F,Ea 6RON2E e HOME OF -HE HE BEST QUALITY OF LIFE IN GEORGIA' I LT_ O.N ES'TABLISIIED 2006 To: Honorable Mayor and City Council Members From: Carter Lucas, Public Works Director Date: Submitted on October 18, 2013 for the November 4, 2013 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Universal Engineering Sciences, Inc. for a Geotechnical Evaluation Department Recommendation: Approval. Executive Summa►y: This contract provides for professional engineering services related to a geotechnical evaluation in the Crabapple area in an amount of $3,000. Funding and Fiscal Impact: Funding for this project is available in the Capital Projects fund Future City Facilities account in the Administration Department, Alternatives: There are no alternatives to this project. Legal Review: Jarrard & Davis, LLP — Paul Higbee, 9/12/2013 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Professional Services Agreement Jnyour 41* PHONE: 678.242.25001 FAX: 678.242.2499 1nfo@cifyofm1ltonga.us I WWAF.cifyofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Page 1 of 1 Green community CEHTITIED ORLINZE � Ciry of thi a M I LTO N*k PST.AAL151 i LO ik�o PROFESSIONAL SERVICES AGREEMENT CRABAPPLE GEOTECHNICAL STUDIES This Agreement made and entered into this Rp day of _P"1jeX , in the year 2013, by and between The City of Milton, Georgia (sometimes referred to herein as the "City"), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and Universal Engineering Sciences, Inc. ("Consultant") having its principle place of business at 3040 business Park Drive, Suite F, Norcross, Georgia 30071. WHEREAS, the City of Milton will require certain professional public works services beginning on September 20, 2013 and WHEREAS, the City's Purchasing Policy authorizes the procurement of professional services contracts of $30,000.00 or less; and WHEREAS, the City has determined that this Agreement constitutes such professional services; NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties agree as follows: 1.0 Scope of Work; Compensation 1.1 The Consultant agrees to provide all Services specified in Exhibit "A", attached hereto and incorporated herein by reference. No payments will be made for unauthorized work. Invoices should be submitted to Rick Pearce, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. 1.2 City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a lump sum fee of $3,000 (the "Contract Price") for the work described in Exhibit "A." 1.3 Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. 1.4 The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Consultant and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Consultant shall proceed with the changed work. 1.5 Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Consultant. 1_6 The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $5,000, must be approved by resolution of the Milton City Council. 2.0 Independent Contractor 2.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense, all permits, license or approvals that may be necessary for the performance of the services. 2.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 3.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shail not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub - consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 4.0 Insurance (1) Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub -consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,U00 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self-insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: Liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, empLoyees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City, (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (c) All Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified snail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 4 of this Agreement. (S) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than ANII. (6) Verification of Coverage: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of 4 insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub -consultants: Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverage for sub -consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and toss payee on all policies required by this Agreement. 5.0 Term; Termination The term of this Agreement shall be from September 20, 2013 and shall terminate absolutely and without further obligation on the part of the City on December 31, 2013, provided that this Agreement, absent written notice of non -renewal provided by the City to Consultant at least thirty (30) days prior to December 31, 2013, shall automatically renew on January 1, 2014 to December 31, 2014. The City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 6.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 7.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. 8.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 9.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 10.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 11.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 12.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 13.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 14.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. 15.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Universal Engineering Sciences, Inc. 3040 Business Park Drive, Suite F Norcross, Georgia 30071 Attn: Scott Thomson, PE 16.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 17.0 Employment of Unauthorized Aliens Prohibited (1) E -Verify Affidavit It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "B" and "C" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verities that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "B", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (1RCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300- 10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "C", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shalt further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O_C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. 18.0 Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 18.0 in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON THE FOLLOWING PAGE] Univ �s gi i Sciences, Inc. Sfgnature Sc� `7t�fSc� Print Name 10eANC, Title [AFFIX CORPORATE. SEAL] SIGNED, SEALED, AN -D DELIVERED In the presence of: Wiit�nc!ss (Corporate Secretary should attest) Print Name -_- otary Public [NOTARY SEAL] My Commission Expires: Sara Grogan [Votary Public HKgCounty, Georgia MILTON CITY COUNCIL: My Commisslon Expires 9-5-2018 Joe Lockwood, Mayor [CITY SEAL] SIGNED, SE_ALM AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: EXHIBIT "A" SCOPE OF WORK U N I V E R S A L Loc"i • +1:!911. ENGINEERING SCIENCES • Uapirc, 9-e.e� FF°di L_lnllll•��Ils ill: ri'!l4lG�tl1 :i Eh:IliPJni•j a''1111,1nm.lf']I �f l'i if1. ' FOrLPyli]G • Ggh" " t:r:pY.}'3'ar °�:Yi S•iol vt.:lr•�hair leis Mi -I hrcn III InsPentil J--, Ik G.•Ilgiry lrsi e; W1n • I' f, Isw� • 6,.IIdlrg tad- Admini.imiie Rasim-gee • La:s6ua Y/ 2.1 September 13 , 2D' 3 • FYsI. 6a da;�igacgl ar. • rdir Camel Clty of miltnn romra Cir i«o 13rJt�J Deerfield Parkway sdmrcl. Minton, Georgie 33b0+ T, +-° • '.4sai PrtYr Bl�.tA Attention, Ht -Carter Lucca P.E. Reference; Proposal for Pr6llminary Geotechnical Servizi Future City H311 Milton, Georgia UES PropO!i81 F3a, f 630.G1'13.Qa00S Dear FAr Li Universal Engineering 5cicrim UES) ir, pleased to submit our proposal to conduct Geotechnical Exploration for the proposed aforementioned project_ PROJECT INFORMA71ON PEr convarii between Wit. Carter Lucas, li of The City of Milton and Mr. Scutt Thomson and Mr. Lucasemail dated September 9. 2013- We unde-stand that current plans Call Jar a i City Hall complex reartha Crabapple Wei in Milton. Addit onahl , Mr. Thomson has viii tho Sete to assess access. Since the clans are in the pralirrinary StegBs no anal grading of slruc.fjrs4 loading information is ourrently available. An existing Slorrn+nater pond is planned to be filled and underground detention would be %iced instead_ For purposes of this proposal we have aseiumed that fills Uta to rij Net may ba neadad to fill the underaruund detention and COS or less than b 41M will be neadad to achieve final grades, We! have ei9aumed th3l rnaUirllurr C41UrrIn li of up to 150 Ides may Oe fealtted. A final geotechnicai evaluation may be noa> i once plc ns are finalized. SCOPE OF SERyicii Geotechnlaal Exploration WF prrrposs to eWlare the site with a total of 6 soil test borings to a depth of 20 fest_ One will be extended to auger reftjui for 199 seismic site clas3ific2tion purposes_ A copy of tile: boring 1QG3ti*ft0 End the proposed depths aYe attached_ ,Ali borings will be eki:ncE•d to their prodstermined torraination depth or auger refusal whichever occurs first, We assume the sits is accessible to a -i ATV ilii!! ng. 4Ve have not inviuded in trig soope any previsions for dear !no the site rAth a bulldozer. 'We have assumed others urN obtain any rneadad permits to perfurrn the d rill ing we rk. 8610 O J Iin(. € Perk privc, SVOC F L N10i GeO(gN1 N071 ' 77%-7,h21S 3i2 11 Fax q?i 242.600 mAw. Univer.salErig ila61iN,I;gra FLMt a UY Hao UE -8 Proposal 1.10_ 10x0 0993 00006 RYRun, O'Jargia Sol 11. 2073 Thr eaploraUon data will be anal rred by aur geatechnical enginealing staff and discussed With you, a -td a formal geot3Ghnitial report will be submided Thio report will include the findirgs of the explaratiorr urlrj our geptecnnicat conclusions and r9C0mrndndations regarding: Foundation type including twaring przswrs and levels. • Sita prepramll Meast.res in0udlna stripOng and the need for any specie`. unda:rcutting of stabilization; Ground Watsr contrsl. V needed- Exravation: Suitability of onsiti3 SOds for usc; as structural fill= • Fill ooMpactlon requirements: and • Povemdnt Design, COMPEN5ATI314 AND SCHEll Wa propose to Provide the geotechnical Savioas abcro�- far a lurnp $,.1m of L3,000.do, Vde can prmvide a final repart thrae VioQks from auihorization AUTNRR4jM We understand thAt a C Ty of hAifton pmfeseienal services cantract will be issued for the work, If these. 9cmlr,,-s n re acceptable, please issue teat oantract and we will sign and r --turn to you, Wa approcniate this opportunity to laravide this proposal to perform these services far this pro!ect. If you have any gUeationb corcarning this proposal or if wY can servrr Vou in any other way, please cants,: us. &r1car di y, UNNERSAL ENGINEf-RING SCIENCES SeoU D. Tlton►,on, F.E. Branch Manager Pala 2 of 2 LOCATION WITHHELD UNDER PROVISION OF LAND ACQUISITION FOR REVIEW - PLEASE SEE CITY CLERK EXHIBIT "B" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-14-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows; '7Q/,,� I hereby declare under penalty of perjury that the eVerify Number foregoin} is t e and correct. Execut d on 2Ul in a3/0 7 _(city), S S Date of Authorization Universal En-,ineering Sciences Signature of Authorized Officer or Agent Name of Contractor _Crabapple Geotechnical Printed Name and Title of Authorized Officer or- Name rName of Project Agent City of Milton Name of Public Employer SUBSCRIBED AND SWORN BEFORE ME ON T IS THF. —/& DAYOF xt-,20 `I NOT PUBLIC [NOTARY SEAL] SartICirOW My Commission Expires: Henry COY GGor8ia 9 _Gommission Expires 9-9-2016 EXHIBIT "C" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A, § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Universal Engineering Sciences on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice ofthe receipt ofan affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows eVerify Number Date of Authorization Name of Subcontractor Name of Project City of Milton Name of Public Employer 1 hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 2o]_ in (city) (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,201 NOTARY PUBLIC f NOTARY SEAL] My Commission Expires: &P HOME OF ` MIL-l'O.Nip ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 25, 2013 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Planners and Engineers Collaborative, Inc. for the Design of Dam Rehabilitation Measures for the Mayfield Road Dam. MEETING DATE: Monday, November 4, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES CITYATTORNEY REVIEW REQUIRED: YES APPROVAL BY CITY ATTORNEY (APPROVED PLACED ON AGENDA FOR: 11 0'4 1 3 REMARKS O NOT APPROVED () NO O NO O NOT APPROVED In You� PHONE: 678.242.25001 FAX: 678.242.2499:. Green -w ; c�,tires* info@cifyofmiltonga.us I www.cityofmiltonga.us ""B Community iz"f n..wsy....we,...M �*F` 13000 Deerfield Parkway, Site 107 1 Milton GA 30004 -CERTIFIED BRONZE — 1B Page 1 of 1 To: Honorable Mayor and City Council Members From: Carter Lucas, Public Works Director Date: Submitted on October 18, 2013 for the November 4, 2013 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Planners and Engineers Collaborative, Inc. for the Design of Dam Rehabilitation Measures for the Mayfield Road Dam ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This contract provides for professional engineering services related to the rehabilitation of the Mayfield Road dam in an amount not to exceed $26,350. Funding and Fiscal Impact: Funding for this project is available in the Capital Projects fund Future City Facilities account in the Administration Department. Alternatives: There are no alternatives to this project. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 9/19/2013 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Professional Services Agreement PROFESSIONAL SERVICES AGREEMENT MAYFIELD ROAD DAM REHABILITATION This Agreement made and entered into this aC; day of ~boe , in the year 2013, by and between The City of Milton, Georgia (sometimes referred to herein as the "City"), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and Planners and Engineers Collaborative, Inc. ("Consultant") having its principle place of business at 350 Research Court, Norcross, Georgia, 30092. WHEREAS, the City of Milton will require certain professional public works services beginning on September 27,2013; and WHEREAS, the City's Purchasing Policy authorizes the procurement of professional services contracts of$30,000.00 or less; and WHEREAS, the City has determined that this Agreement constitutes such professional services; NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties agree as follows: 1.0 Scope of Work; Compensation 1.1 The Consultant agrees to provide all Services specified in Exhibit "A", attached hereto and incorporated herein by reference. No payments will be made for unauthorized work. lnvoices should be submitted to Rick Pearce, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand-delivered. 1.2 City agrees to pay Consultant for the services perfonned and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services perfonned and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services perfonned and costs incurred. Invoices shall reflect charges incurred versus charges budgeted . The total amount paid under this Agreement for the Work shall not, in any case , exceed a total fee of $26,350 (the "Contract Price") plus expenses for the following tasks without prior written approval from the City. Task 1-Dam Rehabilitation Plans and Specifications ($13,100) Task 2-ACOE and EPD Permitting Package ($13,250) Task 3 -Construction Administration (Final scope and fee to be determined at a later date) 1.3 Consultant shall take no calculated risk in the perfonnance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. 1.4 The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Consultant and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Consultant shall proceed with the changed work. 1.5 Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Consultant. 1.6 The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $10,000, must be approved by resolution of the Milton City Council. 2.0 Independent Contractor 2.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense, all permits, license or approvals that may be necessary for the performance of the services. 2.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 3.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold hannless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub-consultant, anyone directly or indirectly employed by the Consultant or sub-consultant or anyone for whose acts the Consultant or sub-consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub-consultant, anyone directly or indirectly employed by the Consultant or sub-consultant or anyone for whose acts the Consultant or sub­ 2 consultant may be liable , the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub-consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 4.0 Insurance (1) Reguirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub-consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance : Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from . (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from . (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1 ,000,000 per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on 3 the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insw-ance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers . Any insw-ance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insw-ance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (c) All Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates . (iii) Policies shall include an endorsement incorporating the Indellli1ification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 4 of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. 4 (6) Verification of Coverage : Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub-consultants: Consultant shall include all sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub-consultant. All coverage for sub-consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured . (8) Claims-Made Policies : Consultant shall extend any claims-made insurance policy for at least six (6) years after tenrunation or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. 5.0 Term; Termination The term of this Agreement shall be from September 20, 2103 and shall tenrunate absolutely and without further obligation on the part of the City on December 31, 20l3, provided that this Agreement, absent written notice of non-renewal provided by the City to Consultant at least thirty (30) days prior to December 31, 20l3, shall automatically renew on January 1,2014 to December 31, 2014. The City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 6.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 7.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. 5 8.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 9 .0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 10 .0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 11.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 12 .0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements , negotiations, and undertakings are suspended hereby . Neither party has relied on any representation, promjse , nor inducement not contained herein . 13.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 14 .0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign irrunuruty or any individual's qualified good faith or official irrununities. 15 .0 Notices All other notices , writings or correspondence as requir ed by this Agreement shall be in writing and shall be deemed received , and shall be effective, when : (1) personally delivered , or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid , return receipt requested, or (3) upon actual delivery when sent via national overnight corrunercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith : 6 NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Planners and Engineers Collaborative, Inc. 350 Research Court Norcross, Georgia 30092 Attn : Kenneth Wood, PE 16 .0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 17.0 Employment of Unauthorized Aliens Prohibited (1) E-Verify Affidavit It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits "A" and "B" (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O .C .G.A. § 16-10-71), that it and Contractor's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E-Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E-Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "A", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.e.G .A. § 13-10-91 and Rule 300­ 10-1-.02. 7 In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "B", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.e.G.A. § 13-10-91, the City Manager or hislher designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or hislher designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or hislher designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee-number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. __ 100 or more employees. / Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C .G .A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. 18.0 Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.e. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.s.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.e. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of 8 race, color, creed, national origin, gender, age or disability . In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 18.0 in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused thjs Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON THE FOLLOWING PAGE] 9 DC. [AFFIX CORPORATE SEAL] Prim Name SIGNED, SEALED, AND DELIVERED ~~ ~~ Notary Public [NOTARY SEAL] My Commission Expires : ! 2(,.11 10 EXlDBIT "A" SCOPE OF WORK TASK 1 -CIVIL ENGINEERING PACKAGE 31 DAM RECONSTRUCTION PLANS Planners and Engineers Collaborative , Inc. will prepare a set of Construction Plans for the Dam Reconstruction to include detailed drawings to facilitate the construction of the project. Plans will include a survey showing existing conditions, topo at a 2' maximum contour intervals , normal water level, existing spillways , top of dam existing road and culverts , and utilities, adequate grading , site, and utility sketches with the appropriate details and governmental notes that apply. The plans will also show construction sequence/demolition plans, dewater plan and breach details, grading plan with details to fill the breach and ditch section along the road, and the extent of proposed water surface elevation. The plans will show sanitary and storm sewer lines with profiles, storm drains and water lines . The plans will also show profiles of the existing and proposed dam showing the location of each outlet and spillway , a sufficient number of details and sections to show adequate detail to delineate all outlets and spillways, final water surface elevation, subsurface drainage, and blanket drains . Detail plans and specifications are included . 38 AGENCY APPROVAL (DAM RECONSTRUCTION) Planners and Engineers Collaborative, Inc. will assist the Client in applying for those permits and approvals typically required by law for projects similar to the one for which Planners and Engineers Collaborative , Inc .'s services are being engaged . The assistance consists of completing and submitting forms, applications and plans as to the results of certain work included in the scope of services . Planners and Engineers will provide as -built profiles, utilities, and detention structure plans for plat approval. Permitting fees are the responsibility of the Client. TASK 2 -CORPS AND EPD ENGINEERING PACKAGE 100 WATERS OF THE U .S . DELINEATION & GPS LOCATION Planners and Engineers Collaborative, Inc. will complete a Waters of the U .S . delineation of the area(s) immediately proximate to the existing dam including the pond , stream, or any fringing wetland(s). Planners and Engineers Collaborative , Inc . will collect data in accordance with the three parameter approach specified in the U. S . Army Corps of Engineers (USACE) 1987 Wetlands Delineation Manual and their 2010 Regional Supplement to the USACE Wetland Delineation Manual: Eastern Mountains and Piedmont Region. Conduct of a delineation requires determining and recording existing dominant vegetation, examining soils for evidence of hydric conditions, and observing the area for hydrologic evidence to establish the boundary of any waters of the U .S. that occur within the property boundary. Observations will be recorded on routine USACE wetland determination forms, field log book, and/or base mapping . All other waters (i.e ., waterways and water bodies) found in the project area will be classified as jurisdictional or non-jurisdictional in accordance with applicable USACE rules , regulations, and current guidance . If necessary, waters of the U.S . identified by PEC will be delineated with black-pink surveyor's flagging . During the conduct of the field delineation, Planners and Engineers Collaborative, Inc. will qualitatively evaluate any stream(s) for apparent signs of impairment (e .g ., siltation , habitat degradation & loss, etc.) and findings will be recorded for future use. On-site data collected will be maintained with other pertinent information in a computer project file (i.e ., data will be scanned, filed, & backed up). Planners and Engineers Collaborative, Inc . will provide you with a hand drawn map of the approXimated areal and linear extents of wetlands and/or streams identified during the delineation. Please note, streams, and wellands are natural ecosystems and, as such, are subject to change over time due to a variety of factors and influences including precipitation, beavers, changes in runoff pattems, etc. PEC's findings are based on the conditions at the time of the delineation and for one season (e.g., spring, summer , etc .). Should there be a delay between PEC 's completed delineation and submittal of USACE documentation, permit application, etc., PEC may advise that a subseguent or determinative site reconnaissance be completed to reconfirm the areal and linear extents of wellands and streams, respectively , before further planning occurs . This reconnaissance would be under a different scope and budget. Planners and Engineers Collaborative, Inc. will locate by global positioning system (GPS) flagging "tied" during completion of the delineation and other pertinent site features (e.g ., survey controUdeltas, bedrock outcrops, etc.) using a mapping grade (sub-foot) 2011 Trimble GeoExplorer 6000XH and an external Zephyr 2 antenna. GPS field data will be collected using Terrasync (v5.21) software and GPS data will be collected in U.S. State Plane 1983 Coordinate System using the Georgia West-1002 zone and the datum will be NAD 1983 (Conus) CORS96 . Data will be post-processed using GPS Pathfinder Office (v5 .20) and differentially corrected using the most accurate base station. GPS data will be delivered to you and your designee(s) in an AutoCAD (v .2012) file format, unless otherwise specified. 102 EROSION CONTROL PLANS FOR NWP Planners and Engineers Collaborative, Inc. will prepare Erosion Control Plans per the State requirements and details that apply for the above referenced project required for the EPD Submittal of the Nationwide Permit. Any changes to the plans after the Client's approval of the plan will be billed at our Hourly Rates . 104 JD/NWP/PCN PREPARATION & SUBMITTAL Field data collected during the delineation will be compiled with maps and other pertinent information in a Request for Jurisdictional Determination (JD) for submittal to the USACE for verification of waters of the U .S. in­ and-around the area of potential effect (i.e., dam, dam face, immediately down f]gradient of dam). Please note that while PEC is confident in the accuracy of our findings regarding the delineation of waters of the U.S. on any property. the USACE is the ultimate authority and regulate these areas under the provisions of Section 404 of the Clean Water Act (CWA). Accordingly. no jurisdictional determination under Section 404 may be legally defended until verified by the USACE. Per our previous discussions , it is my understanding that there have been no other impacts to waters of the U.S . on this property. As confirmed in our meeting of January 9, 2013 with the USACE, this project is eligible for authorization using NWP 3a -Maintenance. NWP 3 authorizes the repair, rehabilitation , or replacement of any previously authorized, currently serviceable structure, or fill , or of any currently serviceable structure or fill authorized by 33 CFR 330.3, provided the structure or fill is not to be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification . Minor deviations in the structure's configuration or filled area. including those due to changes in materials. construction technigues, reguirements of other regulatory agencies, or current construction codes or safety standards that are necessary to make the repair, rehabilitation, or replacement are authorized. Any stream channel modification is limited to the minimum necessary for the repair , rehabilitation , or replacement of the structure or fill; such modifications, including the removal of material from the stream channel, must be immediately adjacent to the project or within the boundaries of the structure or fill. This NWP also authorizes the repair, rehabilitation, or replacement of those structures or fills destroyed or damaged by storms, floods , fire or other discrete events provided the repair, rehabilitation, or replacement is commenced, or is under contract to commence, within two years of the date of their destruction or damage . In cases of catastrophic events, such as hurricanes or tornadoes, this two-year limit may be waived by the district engineer, provided the permittee can demonstrate funding, contract, or other similar delays . There are limitations, conditions and thresholds for use of all NWPs . For NWP 3 the governing criteria are that impacts to waters of the U .S. cannot exceed one-half acre (i.e ., 0 .5 acre) andlor 300 linear feet of stream impacts. PEC will prepare and submit a pre-construction notification (PCN) for anticipated impacts to waters of the U.S. in accordance with current USACE rules, regulations, and policies. Preparation of the PCN will include a review of federally-listed protected species that may potentially occur in Cobb County, Georgia, as well as an examination of the National Register of Historic Places (NRHP) intemet­ based files to determine documented cultural resources that may occur in the project area. This scope does not include detailed surveys for protected species and cultural resources; however such surveys may be required at the USACE's discretion , If additional or detailed surveys are required, PEC oHers these services and will coordinate with you, It is important that the initial submittal to the USACE is a complete submittal so the "regulatory clock" begins on that date the application is received by the USACE , Upon completion of the PCN application package and after client and/or agent concurrence, PEC will submit the application to the USACE , Once the USACE has received what they deem to be a complete PCN application (this should be determined within 30 days of initial submittal), the USACE generally has 45 days to issue or deny the request. Based on our meeting with the USACE, it is my understanding that proposed dam maintenance activities will not exceed 0.1 acre and 100 linear feet. As such, compensatory mitigation will not be required. PEC will also prepare a pre-construction notification (PCN) for use of Nationwide Permit (NWP) 3 • Maintenance. Specifically, NWP 3(a} authorizes the repair, rehabilitation, or replacement of any previously authorized, currently serviceable structure, or fill, or of any currently serviceable structure or fill provided that the structure (e.g., dam) or fill is not put to uses diHering from those uses specified or contemplated as authorized (i.e., grandfathered) or for it in the original permit. Minor deviations in the structure's configuration or filled area, including those due to changes in materials, construction techniques , requirements of other regulatory agencies, or current construction codes or safety standards that are necessary to make the repair , rehabilitation, or replacement are authorized , Any stream channel modification is limited to the minimum necessary for the repair, rehabilitation, or replacement of the structure or fill such modifications , including the removal of material from the stream channel , must be immediately adjacent to the project or within the boundaries of the structure or fill' , NWP 3(b} also authorizes the removal of accumulated sediments and debris in the vicinity of existing structures (e .g ., bridges, culverted road crossings, water intake structures, etc.) and/or the placement of new or additional riprap to protect the structure. The removal of sediment is limited to the minimum necessary to restore the waterway in the vicinity of the structure to the approximate dimensions that existed when the structure was built , but cannot extend farther than 200 feet in any direction from the structure. This 200 foot limit does not apply to maintenance dredging to remove accumulated sediments blocking or restricting outfall and intake structures or to maintenance dredging to All dredged or excavated materials must be deposited and retained in an area that has no waters of the United States unless otherwise specifically approved by the district engineer under separate authorization. The placement of new or additional riprap must be the minimum necessary to protect the structure or to ensure the safety of the structure. Any bank stabilization measures not directly associated with the structure will require a separate authorization from the district engineer'. PEC 's preparation and submittal of a PCN does not necessarily guarantee issuance of a permit and/or letter of authorization, As discussed, the USACE has the ultimate discretionary authority for verification and permitting decisions. If the USACE denies the NWP request under their discretionary authority, the project may then be required to proceed through the more rigorous individual permit (IP) process, or be substantially redesigned to reduce further project impacts. TASK 3 -CONSTRUCTION ADMINISTRATION Planners and Engineers Collaborative, Inc. shall provide Construction Administration services before and during construction in order to review the work in progress and insure conformance with the Construction Documents when requested by the Client. Planners and Engineers Collaborative, Inc. shall also respond to Contractor questions , as needed, during construction and review shop drawings and catalog data submittals . ADDITIONAL SERVICES NOT INCLUDED IN CURRENT SCOPE-MEETINGS/REGULATORY COORDINATION PEC will prepare letters, documentation , maps, tables, and figures, attend meetings, participate in telephone and conference calls, and discuss project-specific regulatory issues, and environmental planning and/or compliance issues as requested by you. Services performed under this task will be billed on an hourly basis and will be approved in advance prior to initiating work, etc. ITEMS TO BE PROVIDED BY THE CLIENT (IF APPLICABLE) Accurate Building Footprints both Electronically and with Hard Copy Nationwide permits from the Corps of Engineers Arborist or Certified Forester Prescription for Specimen Tees Title Commitment to be provided two (2) Weeks Prior to AL TNACSM Land Title Survey Completion Archeological Study As-built Utility Locations Permit Fees Environmental Investigation Submittal Fees Fire Flow Test Structural Design of all Retaining Walls & Underground Vaults Filing Fees Geo-technical Reports Planners and Engineers Collaborative, Inc. shall indicate to the Client the information needed for rendering of services hereunder. The Client shall provide to Planners and Engineers Collaborative, Inc. such information as is available to the Client and the Client's consultants and contractors, and Planners and Engineers Collaborative, Inc. shall be entitled to rely upon the accuracy and completeness thereof. The Client recognizes that it is impossible for Planners and Engineers Collaborative, Inc. to assure the accuracy, completeness and sufficiency of such information, either because it is impossible to verify, or because of errors or omissions that may have occurred in assembling the information the Client is providing. EXTRAS TO CONTRACT Aerial Photography All Reproduction Work Arborist or Certified Forester Certification Letters City / County GIS Topographic Information Courthouse Research ClienULender Revisions to AL T N ACSM Land Title Survey Comprehensive Monitoring Plan Fire Flow Test Major Site Plan Revisions Mileage Notice of Intent to Proceed with State or Federal Authorities Off-site Easements, such as, Utility, Disturbance or Right-of-Way, and any Related Fees Post design value engineering options Public Hearing Meeting Attendance Sanitary Sewer Capacity and Availability Verification / Off-Site Location Subsurface Testing or Investigation (by others Surveying, Design and Construction Layout of Off-Site Improvements (i.e. street, storm drainage, sanitary sewer, or other utility improvements) Traffic Studies Tree Sampling Utility Encroachment Plats and Legal Descriptions Variances / Re-Zoning Wetland SU/veys or Endangered Species Survey Services that are beyond the scope of this contract will be billed according to the hourly rate schedule as follows: Hourly Rates Principal: $245 .00 per hour Senior Engineer: $119.00 per hour Registered Engineer: $104 .00 per hour Engineer-In-Training (E.I.T .): $ 94.00 per hour Senior Land Surveyor : $119.00 per hour Registered Land Surveyor: $104 .00 per hour Land Surveyor-In-Training : $ 94.00 per hour GPS Survey Crew: $179 .00 per hour Survey Crew: $155 .00 per hour Senior Landscape Architect: $119.00 per hour Registered Landscape Architect: $104 .00 per hour Landscape Architect-In-Training: $ 94.00 per hour Erosion Control Inspector: $184.00 per hour Urban Planner: $ 99.00 per hour ACAD Designer: $ 84.00 per hour ACAD Draftsperson : $ 69.00 per hour Permit Expeditor: $ 76.00 per hour Project Administrator: $ 74 .00 per hour Clerical : $ 49 .00 per hour It is understood and agreed that Planners and Engineers Collaborative, Inc.'s basic services under this proposal do not include full-time construction observation or review of the Contractor's performance . Client acknowledges the importance of such services and, should Client have such services performed by a party other than Planners and Engineers Collaborative, Inc., then Client shall assume responsibility for interpretation of the contract documents and for construction observation and all maintenance and shall waive any claims against Planners and Engineers Collaborative, Inc. that may in any way be connected thereto. Nothing in this agreement shall create a contractual relationship with or a cause of action in favor of a third party against Planners and Engineers Collaborative. Planners and Engineers Collaborative's services under this contract are being performed solely for the Client's benefit and no other entity shall have any claim against Planners and Engineers Collaborative due to this agreement of the performance or noncperformance of services hereunder. The Client agrees to include a prov ision in all contracts with contractors, buyers, condominium associates, association groups, clubs , organization , attorneys , and other entities involved in this project to carry out the intent of this paragraph. All instruments of professional service prepared by Planners and Engineers Collaborative, Inc . including, but not limited to, drawings and specifications, are the property of Planners and Engineers Collaborative, Inc. and these documents shall not be reused on other projects without Planners and Engineers Collaborative, Inc. written permission. Planners and Engineers Collaborative, Inc. retains all rights, including the copyright in its documents . Client or others cannot use Planners and Engineers Collaborative, Inc. documents to complete this Project with others unless Planners and Engineers Collaborative, Inc. is found to have materially breached this Agreement. Planners and Engineers Collaborative, Inc. reserves the right to include representation of the Project in its promotional and profeSSional materials. Client acknowledges and agrees that proper Project maintenance is required after the Project is complete. A lack of or improper maintenance in areas such as , but not limited to , planting, lighting, irrigation, drainage, sewer may result in damage to property or persons . Client further acknowledges that, as between the parties to this Agreement, Client is solely responsible for the results of any lack of or improper maintenance . EXHIBIT "B" CONTRACTOR AFFIDAVIT AND AGREEMENT ST ATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.e.G.A. § 13-10-91, stating affinnatively that the individual, finn, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program , in accordance with the applicable provisions and deadlines established in O.C .G.A. § 13-10-91. Furthennore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical perfonnance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C .G.A . § 13-10-91 (b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: I hereby declare under penalty of perjury that the eVerify Number 1IdS\~\3 Date of Authorization Planners and Engineers Collaborative, Inc. Name of Contractor K~f1t1tilr 1101)0 Printed Name and Title of Authorized Officer or Mayfield Road Dam Rehabilitation AgentName of Project City of Milton Name of Public Employer foregoing is tru e an d correct. Executed on ~, Qli:, 201 ~1 ..",..--~_ &>A (state . n re of Authorized Officer or Agent EXHIBIT "C" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By executing this afftdavit, the undersigned subcontractor verifies its compliance with O .C .G .A . § 13-10-91, stating affirmatively th a t the individual, firm or corporation which is engaged in the physical performance of services under a contract with Planners and Engineers Collaborative, Inc. on beha lf of the City of Milton has registered with, is a uthorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O .C.G.A. § 13-10-91. Furthermore, the unders igned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.e.G.A. § 13-10-91 (b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a s ub-s ubcontractor has received an affidavit from any other contracted sub-subcontractor, the unders igned subcontractor mu s t forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attes ts that its federal work authorization user identification number and date of authorization are as follows: I hereby declare under penalty of perjury that the foregoing is eVerify Number true and correct. Executed on -----.J _, 201_ in __(city), Date of Authorization __(state). Signature of Authorized Officer or AgentName of Subcontractor Printed Name a nd Title of Authorized Offtcer or AgentName of Project SUBSCRIBED AND SWORN BEFORE MECity of Milton ON THlS THE DAY OF ___ __,201Name of Public Employer NOTARY PUBLIC [NOTARY SEAL] My Commission Expires:__________ PLANNER-01 TOBI ACORD' I DATE (MMlDDIYYYY)CERTIFICATE OF LIABILITY INSURANCE ~ 9/25/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed . If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER (678) 690-5990 Crow Friedman Group of Georgia, Inc. 1255 Lakes Pkwy Bldg 100 Suite 120 Lawrenceville, GA 30043 INSURED Planners & Engineers Collaborative, Inc. 350 Research Court Norcross, GA 30092 COVERAGES CERTIFICATE NUMBER' ~~~~~CT Billie Towles r~gNtio Ext); (678) 690-5990 I fffc No); (678) 690-5992 ~~~~ss; billie@crowfriedman.com INSURER(S) AFFORDING COVERAGE NAIC# INSURER A ; Travelers Indemnity Co. of America 25666 INSURER B; Phoenix Insurance Company 25623 INSURER c ; Travelers Indemnity Company 25658 INSURER D ; Travelers Indemnity Co of Connecticut 25682 INSURER E; Travelers Casualty & Surety Co. of America 31194 INSURER F ; REVISION NUMBER' CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 67---.c-4e E~-k:? TH(S (S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE I ~~~~I ~~ , (~~M%~) I f~g~J%~ LIMITSLTR POLICY NUMBER GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 --:­680·6001 L682 11/1/2012 11/1/2013 ~~~~~~~E~=~nce) 1,000,000A X COMMERCIAL GENERAL LIABILITY X X $ =~CLAIMS·MADE [!] OCCUR MED EXP (Anyone person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 r­ "­GENERAL AGGREGATE S 2,000,000 GEN 'L AGGREGATE LIMIT APPLIES PER : PRODUCTS ­COMPIOP AGG $ 2,000,000 n POLICY !xl m?i' n LOC $ AUTOMOBILE LIABILITY fE~~~~~~~t~INGLE LIMIT $ 1,000,000r-­BA-600 1 L842 11/1/2012 11/112013B X ANY AUTO X X BODILY INJURY (Per person) $ 1-ALLOWNED -SCHEDULED BODILY INJURY (Per accident) $AUTOS AUTOSr-­K NON-OWNED rpRE9r~t&b~~~GEr-!­HIRED AUTOS AUTOS $ $ I ~ UMBRELLA LlAB ~OCCUR EACH OCCURRENCE $ 3,000,000 C EXCESS LlAB CLAIMS-MADE CUP·7610Y026 11/1/2012 11/1/2013 AGGREGATE $ 3,000,000 DED I X I RETENTION $ 10,000 S WORKERS COMPENSATION X I T~~n~Jt¥s I I OJ~' AND EMPLOYERS' LIABILITY YIN - D ANY PROPRIETOR/PARTNER/EXECUTIVE 0 X UB·7610Y002 11/1/2012 11/1/2013 E.L. EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) E.l. DISEASE ­EA EMPLOYEE $ 500,000 If yes ,describe under E.l. DISEASE ­POLICY LIMIT $ 500,000DESCRIPTION OF OPERATIONS below E Professional Liability 105634190 6/19/2013 6/19/2014 Each Claim $2,000,000 E Professional Liability 105634190 6/19/2013 6/19/2014 Annual Aggregate $4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remark. Schedule, If more space Is required) The City of Milton, its officials, employees, agents and volunteers are included as additional insured on the referenced General Liability Policy on primary and non-contributory basis per form CGD3810907 attached and on Auto Liability on primary basis per form CAT3530310 attached. General Liability, Auto Liability and Workers' Compensation include waiver of subrogation in favor of additional insured. CERTIFICATE HOLDER The City of Milton 13000 Deerfield Parkway Suite 107G Milton, GA 30004· I © 1988-2010 ACORD CORPORATION. A" rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi­ fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage . However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover­ age description only. Limitations and exclusions may apply to these coverages . Read all the provisions of this en­ dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered . A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS F. HIRED AUTO LIMITED WORLDWIDE COVERAGE -INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE -GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -LIABILITY COV­ ERAGE: Any organization you newly acquire or form dur­ ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un­ til the 180th day after you acquire or form the or­ ganization or the end of the policy period, which­ ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II -LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi­ tional insured is an "insured" for Liability Cover­ age, but only for damages to which this insurance applies and only to the extent that person or or­ ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -LI­ ABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your busi­ ness. CA T3 530310 © 2010 The Travelers Indemnity Company. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc . with its permission. COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV -BUSI­ NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover­ age, the following are deemed to be cov­ ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform­ ing duties related to the conduct of your business . However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION " -LIABILITY COV­ ERAGE: Any "employee" of yours is an "insured" while us­ ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs . E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION" -LIABILITY COVERAGE : (2) Up to $3,000 for cost of bail bonds (in­ cluding bonds for related traffic law viola­ tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION" -LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be­ cause of time off from work. F. HIRED AUTO -LIMITED WORLDWIDE COV­ ERAGE -INDEMNITY BASIS The following replaces Subparagraph (5) in Para­ graph B.7., Policy Period, Coverage Territory, of SECTION IV -BUSINESS AUTO CONDI­ TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em­ bargo, or similar regulation imposed by the United States of America applies to and pro­ hibits the transaction of business with or within such country or jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their house­ holds. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in­ sured" against, and investigate or set­ tle any such claim or "suit" and keep us advised of all proceedings and ac­ tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in­ sured" pays with our consent, but only up to the limit described in Para­ graph C., Limit Of Insurance, of SEC­ TION " -LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga­ tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para­ graph C., Limit Of Insurance, of SECTION " -LIABILITY COVER­ AGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the ap­ plicable limit of insurance in pay­ ments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available Page 2 of 4 © 2010 The Travelers Indemnity Company . CA T3 53 0310 Includes copyrighted material of Insurance Services Office, Inc. with its permission . COMIVIERCIAL AUTO to the "insured" whether primary, excess contingent or on any other basis. (c) This insurance is not a substitute for re­ quired or compulsory insurance in any country outside the United States, its ter­ ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such coun­ try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in­ surance requirements. (d) It is understood that we are not an admit­ ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can­ ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE -GLASS The following is added to Paragraph D., Deducti­ ble, of SECTION III -PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT The following replaces the last sentence of Para­ graph A.4.b., Loss Of Use Expenses, of SEC­ TION III -PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for anyone "accident", I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT The following replaces the first sentence in Para­ graph A.4.a., Transportation Expenses, of SECTION III -PHYSICAL DAMAGE COVER­ AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in­ curred by you because of the total theft of a cov­ ered "auto" of the private passenger type, J. PERSONAL EFFECTS The following is added to Paragraph A.4., Cover­ age Extensions, of SECTION III -PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing ap­ parel and other personal effects which are: (1) Owned by an "insured"; and (2) In or on your covered "auto", This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu­ sions, of SECTION III -PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in­ flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre­ hensive Coverage under this policy; b. The airbags are not covered under any war­ ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV -BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa­ tive prompt notice of the "accident" or "loss" ap­ plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com­ pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or­ ganization); or (e) Any "employee" authorized by you to give no­ tice of the "accident" or "loss". CA T3 530310 © 2010 The Travelers Indemnity Company. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -BUSINESS AUTO CONDI­ TIONS : 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex­ tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver app lies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con­ cealment, Misrepresentation, Or Fraud, of SECTION IV -BUSINESS AUTO CONDITIONS : The un intentional omission of, or unintentional error in, any information given by you shal l not prejudice your rights under this insurance. How­ ever this provision does not affect our right to col­ lect additional premium or exercise our right of cancellation or non-renewal. Page 4 of 4 © 2010 The Travelers Indemnity Company . CA T3 530310 Includes copyrighted material of Insurance Services Office , Inc . with its permission . COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY .. BlANKET ADD!liTIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL UABllITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requirtng insurance" to in­ clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in­ Jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis­ sions or the acts or omissions of those acting on your behalf: a, In the tions; performance of your ongoing opera­ b. In connection with rented to you; or premises owned by or c. In connection with "your work" and induded within the "products-completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per­ son or organization has assumed liability in a con­ tract or agreement. The insurance provided to such additional insured is ~mited as follows : d. This insurance does not apply on any basis to any person or organization for which cover­ age as an additional insured specifically is added by another endorsement to this Cover­ age Part. e~ This Insurance does not apply to the render­ ing of or failure to render any "professional services". 1. The limits of insurance afforded to the addi­ tional insured shall be the limits which you agreed in that "contract or agreement requir­ ing insurance" 10 provide for thaI additional insured, or the limits shown in the Declara­ tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance sfated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added 10 Paragraph a. of 4. Other Insurance in. COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" thai the insurance provided to an additional insured under this Cov­ erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi­ tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insLlrance". But this insur­ ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The follOwing is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON­ DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur­ ance" with such person ' or organization entered into by you before, and in effect when, the "bodily CG 03 810907 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes lhB copyrighted material of Insurance Services Office, Inc., with its permission. COMMERICAL GENERAL LIABILITY injury" or 'property damage" occurs, or the "per­ sonal injury" offense is committed. D. The following definition is added to DEFINITIONS {Section V}: "Contl<lct or agreement requiring Insurance" means that part of any contract or agreement un­ der which you are required to include a person or organization as an additional insured on this Cov­ erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in­ jury" is caused by an offense committed: a , After you have entered into that contract or agreement; b. While that part of the contract or agreement is In effect; and c. Before the end of the policy period. Page Zof 2 @ 2007 The Travelers Companies , Inc. CG D3 310907 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. ~ WORKERS COMPENSATION ANDTRAVELERSJ EMPLOYERS LIABILITY POLICY ONE TOWER SQUARE HARTFORD, CT 06183 ENDORSEMENT WC 99 0611 (A) POLICY NUMBER: (XVMPEUB-7610YOO-2-12) NOTICE OF CANCELLATION Except for non-payment of premium by you . we agree that no cancellation or limitation of this policy shall become effective until the number of day's written notice specified in item 2 of the Schedule has been mailed to you and to the person or organization designated in item 1 of the Schedule at the address indicated . SCHEDULE 1. Name : ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OR MATERIAL LIMITATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF; 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OR MATERIAL LIMITATION OF THIS POLICY; AND 2. WE RECEIVED SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. Addrnss : THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. 2. Number of Days Written Notice : 30 Additional Days This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below Is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No . Endorsement No . Insured Premium $ Countersigned by ________________Insurance Company DATE OF ISSUE: 06-12-13 ST ASSIGN : Page 1 of 1 POLICY NUMBER: 680-6001L682-TIA-12 ISSUE DATE : 06-13-13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY -NOTICE OF CANCELLATION/NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 NON RENEWAL: Number of Days Notice of Nonrenewal: PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY, AND 2. WE RECEIVED SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE APPLICABLE NUMBER THIS SCHEDULE. ADDRESS: THE ADDRESS FOR THAT THE BEGINNING OF OF DAYS SHOWN IN PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. PROVISIONS: A. If we cancel this policy for any statutorily permit­ ted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancel­ lation to the person or organization shown in the schedule above . We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of can­ cellation. B. If we decide to not renew this policy for any statu­ torily permitted reason, and a number of days is shown for nonrenewal in the schedule above , we will mail notice of the nonrenewal to the person or organization shown in the schedule above . We will mail such notice to the address shown in the schedule above at least the number of days shown for nonrenewal in the schedule above be­ fore the expiration date . ILT4001209 © 2009 The Travelers Indemnity Company Page 1 of 1 COMMERCIAL AUTO POLICY ENDORSEMENT -CA TB 04 11 12 POLICY NUMBER BA-6001LB42-12-GRP ** THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ** NOTICE OF CANCELLATION IT IS AGREED THAT: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY -NOTICE OF CANCELLATION PROVIDED BY US THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: NUMBER OF DAYS NOTICE OF CANCELLATION: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED SHOWN IN THE DECLARATIONS RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. PROVISIONS: A. IF WE CANCEL THIS POLICY FOR ANY STATUTORILY PERMITTED REASON OTHER THAN NONPAYMENT OF PREMIUM WE WILL MAIL NOTICE OF CANCELLATION TO THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE ABOVE. WE WILL MAIL SUCH NOTICE TO THE ADDRESS SHOWN IN THE SCHEDULE ABOVE AT LEAST THE NUMBER OF DAYS SHOWN FOR CANCELLATION IN THE SCHEDULE ABOVE BEFORE THE EFFECTIVE DATE OF CANCELLATION. B. IF WE DECIDE TO NOT RENEW THIS POLICY FOR ANY STATUTORILY PERMITTED REASON, AND A NUMBER OF DAYS IS SHOWN FOR NONRENEWAL IN THE SCHEDULE ABOVE, WE WILL MAIL NOTICE OF THE NONRENEWAL TO THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE ABOVE. WE WILL MAIL SUCH NOTICE TO THE ADDRESS SHOWN IN THE SCHEDULE ABOVE AT LEAST THE NUMBER OF DAYS SHOWN FOR NONRENEWAL IN THE SCHEDULE ABOVE BEFORE THE EXPIRATION DATE. EFFECTIVE DATE 11-01-12 EXPIRATION DATE 11-01-13 PAGE 0001 DATE OF ISSUE 06-13-13 db HOME OF' : ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 25, 2013 FROM: City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Highway Markings, LLC. for the Placement of Thermoplastic Road Markings in Various Locations throughout Milton. MEETING DATE: Monday, November 4, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED O NOT APPROVED CI TY A TTORNEY APPRO VA L REQUIRED:) YES () NO CITY ATTORNEY REVIEW REQUIRED; YES ONO APPROVAL BYCITYATTORNEY (XAPPROVED O NOTAPPROVED PLACED ON AGENDA FOR; REMARKS Q Your PHONE: 678.242.2500 j FAX: 678.242.2499 :. ,.Green v *c,!.m d aP info@cit ofmilton a.us www.cit ofmllton a.us Community t c'� 'f ; Y J 1 Y 9 ,..:, Ei,V, 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 CERTMEO BNONZE B To: Honorable Mayor and City Council Members From: Roddy Motes, Public Works Manager Date: Submitted on October 22, 2013 for the November 4, 2013 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Highway Markings LLC for the Placement of Thermoplastic Road Markings in Various Locations throughout Milton. ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: Install and replace short line thermoplastic road marking in various areas throughout Milton. Staff is recommending approval of the Construction Services Agreement with Highway Markings LLC in an amount not to exceed $5,975. Funding and Fiscal Impact: Funding for this project is available in the Public Works Infrastructure/ Restriping budget. Alternatives: None. Legal Review: Paul Higbee – Jarrard & Davis (9/19/2013) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Construction Services Agreement CONSTRUCTION SERVICES AGREEMENT SHORT FORM AGREEMENTS SHORT LINE STRTP14NG This Services Agreement (the "Agreement") is made and entered into this day of 2Lll by and between the CITY OF ` MILTON, GEORGIA (hereinafter referred to as the '`City' , and flighway Markings, LLC (hereinafter referred to as the "Contractor-") having its principal place of business at 1610 Kingsley Court Lawrenceville, Georgia X0043 WITNESSETH THAT: WHEREAS, the City desires to employ a contractor to perform the services described herein (thy: "Work")., and WHEREAS. Contractor has familiarized itself with the Contract Documents, as defined below, the Work, and with all €ocai conditions and applicable federal, state and local laws. ordinances, rules and regulations. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained Herein and other good and valuable consideration, the sufficiency of which is hereby ack€ awledg4 agree as follows: Section I. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference.. constitute the "Contract Documents EXHIBIT A -SCOPE OF WORK; EXHIBIT B -INSURANCE CERTIFICATE, EX.HIBI T' i-CONTRAC'T°OR AFFIDAVIT AND AGREEMENT; EXH [BIT D -SU BCONTRACI'OK AFFIDAVIT (IF NECESSARY)] EXI1113IT E -PAYMENT AND PERFORMANCE BONDS To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. Section 2. The Work: Contractor shall provide all Work described in the Contract Documents. In the event of any discrepancy amvtrg the Contract Documents, the provision operating most to the benefit of the City, as determined by the City in .its sole discretion, shall govern. Unless otherwise stated in the Contract Documents, the Work. shall .incltuie Contractor's provision of materials, labor, expenses, and any other cost or itent necessary to complete the Work, which is generally described as Thermoplastic Striping in various locations in the City as described in Exhibit "A" Section 3. Contract Time: Contractor understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a written "Notice to Procecd" frotn the City, and shall fully complete the Work within 10 business days o.€ the "Notice to Proceed". Section 4. Work Cba:.Any changes to the Werk requiring an .increase in the Contract Price, as definers below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. CotnRensation and Method of Paying ,City agrees to pay Contractor for the services performed and costs incurred by Contractor upon the City's certification that the services were; actually performed and costs actually incurrM in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of an invoice, submitted upon completion of the Work-, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed $5,975.00 (the "Contract Price"), except as outlined in Section 4 above. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perforin the Work within the budgetary limitations established without disregarding sound principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. Section G. Covenants of Contractor A. assignment of Agreei7tnf: Contractor cravenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement. without the prior express written consent of the City. , Rcsnurtsibility of COtttractor and indenfn ficati€ rte City; Contractor covenants and agrees to take: and assume all responsibility for the services rendered in connection with the Work, Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant it) this Agreement. Contractor shall defend, indemnify and held harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all clainis, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance sof contracted services, or operations by Contractor. any subcontractor, anyone directly or indirectly employed by Contractor or suk*ntractor or anyone for whose acts Contractor or subcontractor may be Liable., regardless of whether or not the rtegligent act is caused in part by a party indemnified hereunder. Contractor shall not he required to indeArnnify the City or its officers, boards, eonmissions, elected or appointed officials, employees or agents against liability or claims for damages, lasses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, corn.rnisstons, elected or appointed officials, employees cfr agents. C. Independent. C ogtn tor: Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perforin the Work as an independent contractor, not as agent or employee of City. inasmuch as City and Contractor are contractors independent of one another, neither has the authority to hind the other to any third person or otherwise to act in any way as the representative of the other, unless othenvise expressly agreed to in writing by both parties. Contractor agrees not to represent itself as City's agent for any purpose te) any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. U. Insurance. Contractor shall have and maintain in Full farce and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit .:B" E. Licenses Cc` rtificatigns and Permits; Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boaWs, agencies, commissions, committees or other regulatory ladies to Perform the Work. Contractor shall comply with applicable legal requirements raind meet the standard of anality ordinarily expected of its industry. 1°, Ownershr_ cl f Work: All reports, drawings, specifications, and ether items prepared or in the process of being prepared for the Work by Contractor ("materials") shall be the property of the City aM the. City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Contractor agrees to execute any additional documents necessary to evidence such assignment. G. Contractor's Re rreesentative: Jim Troutman shall be Authorized to act ern Contractor's behalf with respect to the 'Nark as Contractor's designated representative. H. C_onfiden...tiality: Contractor acknowledges that it may receive confidential information of the: City and that it will protect the confidentiality a'f any such confidential information and will require any of its subcontmetors. consultants, and/or staff to likewise protect such confidential information. 1. irtcetin,:s: Contractor shall meet with City's personnel nr designated representativ=es to resolve technical or contractual problems that may occur during the term of the contract. at no additional cost to City. Section 7. Warranty: Contractor shall repair all defects in nraterials, equipment or workmanship appearing within one year from the date of completion of the Work at no additional cast to the City. Section 8. Terminratia1n: The City may terminate this Agreement for convenience at any tililC upon written notice to Contractor. Provided brat no damages are due to the City for Contractofs breach of this Agreement, the City shall pay Contractor for 'Work perfivnted to date in accordance with Section 5 herein. Section 9. Miseellanc us A. Governing Lai'~. This Agreement shall be governed by the laws of the State of Georgia. 0. Countpgra. This Agreement may he executed in any number of counterparts. eatc h of which shail be ds:cnuxl to he an original, but all of which together shall constitute one and the same inset ntent, C. Sovereign Immunity_ Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's quali Fed good faith or official immunities, D. F r,plgment of Unauthorimd Aliens_Praitihitec[: (1) E -Verify Affidavit It is the policy of the City of Milton that unauthorized aliens "I not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City -provided fonns, attached hereto as Exhibits "C" and "M (affidavits regarding compliance Nvith the E -V'erif'y program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G,A. § 16-10-71), that it and Contractor'; subcontractors have conducted a verification, under the federal Employment .Eligibility Verification ("EEV" or "E -Verify") prograrn, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is license,i pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the forth of which is provided in Exhibit "C" and submitted ,ucb affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing &s noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P'1.99-603, O.C.G.A. § 13-10-91 and Role 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rude 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which .is attached hereto as Exhibit "fy", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy; to the City within lire (5) business days ofr€ ecipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 3-10-91, the City Manager or his/her designee shall bt authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete, The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process, for a period of three (3) years following completion of the contract.. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A.. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to erzstue that no City Contractor or Contractor's subcontractors employ unauthorised aliens on City- contracts. By entering into a contract with the City. the Contractor arta Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available: upon reasonable: notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alicn, the. City Manager or his/her designee may report same to the Department of 1- onteiand Security. The Contractor's failure to cooperate %kith the iriv-estigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the ornployee-number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C'.G.A. 13-10-41.J 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C_G.A. § 13-10-91, the Contractor will secure from tlae subcontractor(s) such subcontractor(s') indication of the above /employee-nurnher category that is applicable to the subcontractor. The above requirements shalt be in addition to the requirements cif State and federal law, and shall he construed to be in conformity with those laws. E. Nondiscrimination. In accordance with Title VI of the Civil nights Act, as amended, 42 U.&C. 2000d. se=ction 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 cif the Americanus with Disabilities Act of 1990, 42 U S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. 1n addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section L in every subcontract for ser -vices contemplated tinder this Agreement. Ej IN WITNESS A`HER OF. the parties have caused this Agreement to be executed under heal as of the date First above written. Highway Markings LLC, Signature,'. PCinted Nam I �� Title:s�%� (AFFIX COR.PORATU S AI,] CITY OF MILTON, G ORGIA .doe I,mkr ood, Mayor EXHIBIT "A" Scope of Work MI HWA Y MARNAM9, U A � W paint; Signs and 7hsrmop sdc InSWIlation 161a Kingstsy Court — LawrenceriNe, GA 30043 C]ffice 7704S 74W — Cell 770-4804 235 Fax 770-737.3339 .ext si 14, D lin€l ih w 0-15--L3 1pmice: Short l..snt stripsa -- *-suh disiuons w [ ft% r f Milton '� rrx� rlP�as�•f! FrJ is tgT 1%!i� Usc�i tlfTtt' t>X'; ...__..�.�..___.._..�,...,�,.,m_Trs(f'ir Control Sei:tccan 15.04 -rem paint t M;] rkipgs, Mluding fitaa1 surface. it° refl11i-d; �—Iid striix 5itt. AO per LF ,kip Srrirp€ Sin. .47 per (9& N1ir3s�nuns ria vxircrl prr timet Car temparar% mark -i;,:•; tti;iF.iit r city Ai in�s: 1uwp �ut: 51i.4i jLr_cwrx�id < Unit Priecs for one rappliic tion of first swrravv- Unit Price uoij:.lmount: S5975,00 t'tsaw wwe atiarbed 1W ertule for r ax tier traf c c9at i wction for (wran tvainkirr�trucLto tasewon fZrtx 1eelttd tra#'f t MaIrW fnr perMa eztt MArki"P in,t:ttlatiun. 1nXU&S renaos al f tC P)Mra' tape=, i r aired. Ound P9 intludvA. Quok . anti for W da -*s frtvsrx ►late of bid. Rtmew CIMM MarkiPW net incl%dr4- Hkh%V,M,arkiaV to furnish all LaboriMattcia6 co ct)jnptrtt their pariah of s'oa'k I.2 wock DO&C requirrsl fo% rrxatritira:io=1 of Lmv.%. 4.AWw 2 's to PM1= W04, 2, GA DAT, Spec materials v:ni; • �. Payr #zt z : Net 30 ;v. All ravemmu must tx than wid free oaf Behr . 61icctmA and irssurrti Thunk, j uu for the vtxprrYi trx c�Frr3x�; Jjmffrmftmai t 1 isj tvway Marking,. 11i,' 7,0 CWM-up 3 keep t" Sde5 87w �ttp;Odmg d fea Y41awi kfl[i i9.bt*s1 -$ VA aVAti daiki& From the Sae !mm bm zG Wie or IP. N3i: dfftW it do sc, bj tk Gay, BeNm a,ti BCaC T -,c 0 tho ice, Ule CM-Arador WW 1 :a: Ft sib bex�s� � _� BustB�s day6 a# tae � :o Praci aid '?9 k� S T v4s g .rurr. �, Uaemad * wry v 14 buu-W� days hom €" "to of me NA?4 � z Pmcoed. i caxKFlcs 3k�plraVR� o =P bw wr:w, ,Omn at C—k Gas~ Or aod chwwq mw C4. b- f .k � vie. mown Trkwvpol Rd, j c o)w.,W S , 10.0 Unk p6ces rr,�? € ey W,5. ii§ otSFicl, -7` ex mat;r .may of as of "�"e unit W -•c es islad w at ani pQiw D.,� R. d e.lfs2 % IVIIA w 3s mqwjw w irsst�.' "•ase4 4:ln v w vope. 5 .Tf1 �gFt�t'3CB � i11ak w fia3 I ? 'Tv 5OLO ilk ST ........................Y -LOAN ; LF w Ga�2 s�€3 giollivAy hu Im ':1^® as ler =t vas W is aid w %eaP & MA -Ir s2 was as ne ,.tswy aixi'v segvrw to exiam and=n e: ho L-� wn3st �w Scope ,- On* qn�> S w zre %R of via CAY. HE BASE 5JD 1$ THE AMOVWT UPON %VKCH THE S&CFMR WILL BE FOPMAL LY EVALUXTEO ANS l'dF iC 4 WrLL BE USf.n ro OE'i EFwwE rt4E L Es} RESP &SL F P,.iX . i year. f-�,r drd fttr--vlag mseyansm to ttw dies a W any As ,egt1 by cay I the r orss" d bw�w. The ':>' :• e:x'i�srs .'r'x3€» L :s;sr in >s� �r�yz�utaan oP . %; Cgy M4V Z4 69M tO 'rrrjeOf aA bods. to waive wc� x- 4 ^q s88 aww'd � .. Z9 rte; i "Wass of s?,,e CAY 01 mftn The 0 Mag ted or rnaod&,41, eww a1 r� asi the c� 1,0 ,� pwvd ;a! sb4 {tI Cys r� Of . L�e bid w Lesr &�- �pd- BIDS DUE August Ifth BY3:00 PM Pap a. Ul EXHIBIT "R" Insurance Certificate CERTIFICATE OF LIABILITY INSURANCE DJDD 100 /15/15/2001313 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement ort this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Chastain & Associates P.O. Box 100000 Lawrenceville GA 30046 NANt£:COIIW�T Adrienne Payne Pn of o Ex (770) 962-4111 FnIC No: (37dj339-2052 ea"AIL INSURERS AFFORDING COVERAGE NAIC i INSURERA :IFCCI Insurance Groyp INSURED Highway )Markings, LLC 1610 Kingsley Court Lawrenceville GA 30 04 3 INSURER B : INSURERC: INSURERD: INSURER E - 1 INSURER F COVERAGES CERTIFICATE NUMBER:CL1342513640 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES- LIMITS SHOVJN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRiADDLISLIBRI LTR I TYPE OF INSURANCE PNRR VIND POLICY NUMBER POLICY EFF I MMIDDIYYYV PC) MMIVVVY ODl LIMITS GENERAL LIABILITY Palmer Bush/ADRIEN 9 -VA, EACH OCCURRENCE $ 1,000,000 PP.EMISES iE8 occurrence 'S 100,000 X COMMERCIAL GENERAL LABILITY A I CLAIMS -MADE FX7 OCCUR X Y PP0012362 /25/2013 /25/2014 MEb EXP (Any one person} $ 51000 PERSONAL BADV INJURY $ 11000,000 x $1,000 Prop Damage GENERAL AGGREGATE $ 2,000,000 Deductible GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2,000,000 $ X1 POLICY x PRO LOC AUTOMOBILE LIABILnV 'Ea axidanl SINGLELIMI 1 OQD ODO BODILY INJURY (Per person) $ A x ANY AUTO ALL OWNEDSCHEDULED AUTOS AUTOS 0018342 /25/2013 /25/2014 BODILY INJURY (Par amder�t) $ PROPER enIDAMAGE $ NON-OVNJEO HIREDAUTOS AUTOS Urdennsured motorist $ 1,000,000 X UM13RELLA LIAR x OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ A EXCESS LIAR CLAIMS -MADE DED I RETENTION $ 1D,DDa $ 0012387 /25/2013 /25/2014 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECITIVE D y x V G STATU- OTH- 1-11011141 1 ER E.L. EACVI ACCIDENT $ 500 000 OFFICER)MEMBER EXCLUDED? {Mandatory in NH) NIA 10 WCi3A--70555 /25/2013 /25/2014 E.L DISEASE -EA EMPLOYEE $ 500,000 E ye S, dQ SCri�a unfler DESCRIPTION OF 0PERATEON 8 below E. L. DISEASE - POLICY LIMIT $ 500 OOO DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AttachACORD 101, Additional Remarks Schedt4e, If more space is required) City Of Milton is included as Additional Tnsuxed; Waiver of Subrogation applies to i-ty of Milton CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010105) 1NS025 (2�iQo5} o1 ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City O Milton 13000 ]7eerfield Pkwy AITHO RIZE❑REPRESENTATIVE Suite 107 Milton, GA 30004 Palmer Bush/ADRIEN 9 -VA, ACORD 25 (2010105) 1NS025 (2�iQo5} o1 ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD further expressly agree that any action on this Bond may be brought within the time allowed by Georgia lav for suit on contracts under seal. IN 'FITNESS WHEREOF, the principal and Contractor's Surety have hereunto aftixed their corporate seals and caused this obligation to be signers by their duly authorized officers or attorneys -in - fact. this�� aV i3t , 2013, Attest: Title: Dater Attest: Date: Highway Markings, LIC By: 41 Title: l � (SEAL; (Name of Contractor's Surely) By,.____---.... Title: ( ATTACH SURETY'S POWER OF ATTORNEY) (SEAL) 10-04`13 16; 01 ROM -SunTrust Banff 4-04-S24--'1085 T--257 P9002/0002 P-394 Atrthef expivnly agree �diat any monthia B.phd may he.�vmfgI)t ;ithiii the :ifrn OoWed by'Goprgia law for suit cert con!mcta under scrt , TIN WITNMS Wi Moy, the pxitic-ip4l mad humto atlixedt their 6aTome seats and mused t6, Oligation to be signefd by Their &'iY'ft'athrnTized Ofho s or tam, ;tris ,,,�'ay of 2013. i ;ghwAy t+i r� ins, LLC B ( p, A,7 Title: 11,91(SIAL) Att L r1de" _ (NaratofC:oaraetor'sSarrAy) Title. t-tI'C _(SEAL) Afwt: Date: THE CINChNNATI INSURANCE COMPANY Fairfield, Ohio MOWER OF ATTORNEY KNOW A1..L NIE:N BY THESE PRESLN'TS. That THE CINCINNATI INSURANCE COWA-N-Y, a corporation organized under the laws of the- State of Ohio, and having its prixt ipai office in the City of Fairfreki, Ohio, does hereby constitute and appoint Mark 5t:ewart . and Palmer Bush. of Lawrenceville, Georgia its true and lawfiii Attomey(s)-,in Fart to sip, execute. seal and deliver on its behalf as Surety, and as its act and deed, any and ail bonds, policies, undertakings, or other like instruments as follows: Amy such obligations to the United States, up to Three Million. and No/100 Dollars (S3,000,000.DG). This apgoinTment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 61 day of Dcrxrrber, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice Prc,,idtart be hereby authorized, and empowered to appoint Attompys-in- Fact of the Coinpany to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any sucb.Attorsiey-in Fact to affix the corporate seal; and may with or without cause modify or revolve any such appointment or authority. Any such writings so executed by such Attorneys -un - Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of The Company." This Power of Attorney is sighed and sealed by facalmile under and by the authority of the following Resolutian adopted by the Board of directors of the Company at a meeting duly called and held on the 71 day of december, 1973. "RESOLVED, that the signature sof the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Smewry or Assistant Secretary and the seal of the Company may he affixed by facsimile to any certificate of any such power and any smh power of certificate bexrins such facsimile signature and seal shall be valid and binding on the Company. Any mch power so executed and sealed and certified by cer:ifTcate so executed and sealed shall, with respect to any bond or undertaking to which it is attacheri, continue to be valid and binding on the Company." IN WITNESS WHEREOF, THE CINCINNATI INSURANCE CONMANY has causal these presents to be sealed with its corporate seal, duly attested by its Vice President this 10 day of May, 2012. TEM CINCINNATI INSURANCE COMPANY � CdllIVINTl: � � S lr a L ` nxro Viae President STATE OF OfK-O COUNTY OF BCfTLER ) On this 101 day of l+lay, 2012, before me came the above-named Vivre President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signamre of the officer were drily affixed ind subscribed to said instrument by the auzhvra:y and direction of said corporation. VAL !NARK J, EatLLER, Attorney at Law po Nt]TAliY F'Ui3Lio ^STATE OF ❑Ffto ter' 040 t7 data sacc c tan 147.aa C retie:: him_ 1, the undersigned Secretary or Assistant Secretary of TIE CINCINNATI INSURANCE COMPANY hereby certify that the abave is a true and correct copy of the Original Power of Attorney issued by said Compmy, and do hereby Further certify that the said Power of Attorney is still in full force and effect. GIVEN under my hand. and seal of said Company at Fairfield, Ohio, alis day of rye `"'"'• o �n �{ MAPMTE 3 SEAL assn . BN -1005 (511.2) IC4 //,� da, Assismnt Secretary :Seiimff* s1+7 THE CINCINNATI INSURANCE COMPANY Payment Bond CONTRACTOR (Name, legal status and address) Highway Markings, LLC 1610 Kingsley Court Lawrenceville, GA 30043 OWNER (Name, legal status and address): CITY OF MILTON 13000 DEERFIELD PKWY STE 107 MILTON, GA 30004 CONSTRUCTION CONTRACT BOND Date: September 13, 2013 Amount: $5,975.00 SURETY (Name, legal status and principal place ofbusiness): Description (Name and location): Furnish and install pavement markings THE CINCINNATI INSURANCE COMPANY 6200 S. GILMORE ROAD FAIRFMILD, OHIO 45014-5141 Date (Not earlier than Construction Contract Date): September 13, 2013 Amount: $5,975.00 This document has important legal amsequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall ba considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, info one form. This is rot a single combined Performance and Payment Bond. Modifications to this Bond: ❑ None ❑ See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Corporate Seal) Highway Ma s, LLC THE CINCINNATI INSURANCE CO Signature: ,v -r Signature: Name anditle: Name and Title: (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY - Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer Chastain & Associates Insurance Agency, Inc. or other party): P.O. Box 190$ Athens, GA 30603 The Company executing this bond vouches that this document conforrrr, to American Institute of Architects Document A312, 2010 Edition, S -2150 -AIA -A312 {11110) PAYMENT BOND Page 5 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 3 If there is no Owier Default underthe Constructon Contract, the Surety's obligation b the Owner under his Bond shall arise after the Owner has pro n-pdy notfied the Contractor and the Surety (at the address described in Section 13)of claims, demands, liens or suits against be Owner or the Owner's property by any person or entity seeking payrrent for I a bor, materi a] s or e quipmen t furn is hed fo r use in the perfirmance ofthe Construction Contract and tender -d defense of such claims, demands, liens or suit; to the Contractor and the Surey. 4 When the Owner has satisfied he conditions in Section 3, the Str ety shall promptly and at the Surety's expense defend, indemnify and holdhamlless the Own e r aga in st a duly tendered claim, demand, lien or suit. 5 The Surety'sobligations iD a Claimant under this Bond shall arise after the following: 5.1 Claimants, who do not have a dirct contractwith the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor- was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). 5.2 Claim ants, who are emp]oya] by or have a direct contractwith the Contractor, have sent a Claim to the Surey (at the address described h Section 13). ti If a no tire of non-payment required by Sectim 5.1.I is given by the Owner to the Contractor, that is sufficient to satisfy a Claiirhant'sobhgation b furnish a written notice of non-payment under Section 5.1.1, 7 When a Claimant has satsfied the conditons of Sections 5.1 or5.2, whicheveris applicable, the Surety shallprorrptly and at the Surety'sexpense take the folowing actions: 7.1 Send an answer to the Claimant, with a copy b the Owner, within sixty (60) days after receiptof the Claim, stating tie amounts that are undisputed and the basis forhallenging anyamounts thatare disputed; and 7.2 Pay or arrange forpayment of any undisphted amounts. 7.3 The Surety'sfailure lo discharge its obl ations under Sectbn 7.1 orSection 7.2 shall not be deemed toconstitrte a waiver of defenses the Surety orContractorinay have oracquue as to a Claim, except as i4 undisputed amounts for which the Surety and Clai mart have reached agreement If, however, the Surety fails 1b discharge its obItations under Section 7.1 orSection 7.2, the Surey shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafbr to recover any sums found b be dueand owing b the Claimant 8 The Surety's totalobligation shallnot exceed the amount ofthis Bond, plus the amount of reasonable attorney's fees provided under Sector 7.3, and the amount of this Bond shallbe credited for any payrrents made in goodfaith by the Surty. 9 Amounts owed by the Owner to the Contractor under he Construction Contractshall be used forthe performance ofthe Construction Contract and b satisfy clains, ifany,underany constructcrn performance bond. By the Cbntractorfurnishing and the Owner accepting this Bond, they agree thatall funds earned by the Contractor in the perbrrxma nce ofthe Qanstnuction Contractare dedicated to satsfy obligations ofthe Contract or and Suety under this Bond, subject to the Owner's priority to use the funds for the conpletion of the vork. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A3t2, 2010 Edition. S -2150 -AIA -A312 (11110) PAYMENT BOND Page 10 The SuretyshalI not be fable b the Owner, Claimants orothers $r obligations of the Contractor that are unrelated to the Cons hucdon Contract. The Owner shall natbe liable for payment ofany costs orexpenses ofany Claunant under this Bond, and shall have under this Bond no obligatmns to snake paytrents to, or give notice on behalfif, Claimants orotherwse have any oblgabons to Claimants un&r this Bond 11 The Suretyhereby waives notice of any chanF, including charges oftime, to the Constructbn Contract or m related subcontracts, purchase orders and otherobhgations. 12 No suit or action shall be contmenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefirom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16 Definitions 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was dome, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or sirni lar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms"labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 16.3 Construction Contract. The agreement between the Chimer and the Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. The Company executing this bond vouches that this document eonfomts to American Institute of Architects Docu=nt A312, 2010 EditionS S -2150 -AIA -A312 (11/10) PAYMENT BOND Page 7 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Cons tructim Contract or to perform and complete or comply with the other materia] terms of the Construction Contract. 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor, 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18 Modifications to this bond are as follows: [Space is provided below for additional signatures of added parties, other than those appearing on the cove-. page. CONTRACTOR AS PRINCIPAL Company: (Corporate Sea[) Highway Mark' , LLC Signature: Name and itle: Address: 411:1:11111101 Company: (Corporate Sea]) Signature: _ —/� Name and Title: , �Weelz— `5 -rE�of 4,r ,a6e�r Address: The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 Edition, S -2150 -AIA -A312 (11110) PAYMENT BOND Page 8 PERFORMANCE BONS CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT lfighway Markings, LLC (as CONTRACTOR, hereinafter referred to as the "Principal"), and (as SURETY COMPANY. hereinafter• referred to as the -CONTRACTOR'S SURETY"). are held and furnly bound unto the City of Milton, Georgia (as 0%,NER, hereinafter.refemd to as the `.City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of five thousand nine hundred seventy fire Dollars ($5,075), lawful. money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves. their heirs, execrators, administrators, successors andassigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered. or is about to enter, into a urtain written agreement with the City, dated the or , 2013 which is incorporated. herein by reference in its entirety (hereinafter referred to as the "CONTRACT"), for the construction of a project known as Short Line Striping, (hereinafter refeymd to as "the PROJECT"), NOW THEREFORE, the conditions of this obligation areas follows: nat if the Principal shall fully and completely perform each and all of tile terms, prwv-isions and mquiresrments of the. Contract. including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments. changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims.. judgments. liens, coasts and fees of every description, including but not limited to, any daanages for delay, which the City may incur, sustai.tt or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements of the Contract, including all modifications., amendments, chanrees. deletions, additions, and alterations thereto and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and. effect; 2. In the evetat of a failure of performance of the Contract by the ,Principal, which shall include, but not be limited to, any breach of default of the Contract; a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Band no later than. thirty (30) days after written notice from the City to the Contractor's Surety; and b. he means, method or procedure by which the Contractor's Surety undertakes to perfon a its obligations under this Bond shall be iubject to the advance written approval of the City - The Coattractor's Surety hereby waives notice sof any and all modifications, omissions, additions; changes and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions. changes, and advance payments or deferred payments. The Parties A 1"itle: �C Date: r �� Attest: Sate: (Si nalures Continued on Next 'age) (Name of Contractor`s Surety) .0 Title: (SEAL.,) (ATTACH SURETY S POWER OF ATTORNEY) 12-04-'13 16:21 FBOH-SunTrust Bank 404-524--1025 T -Z57 :12003/0002 FS94 -(.aivolmo's GDVhwed oil Nexi PAo') `fide! �. (tante of Cantmet©r's Surety) y tle:—(:REAL) Attest' THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Palmer Bush, Mark Stewart, of Athens, GA its true and lawful Attorneys) -in -Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, Three Million Dollars and 001100 {$3,000,000.00} This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6th day of December, 1958, which resolution is still in effect: RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attomeys-in- Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys -in - Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 7th day of December, 1973. RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate hearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President this Ist day of April, 2007. `t1t'1 i.1ry�! i3 COMRATE 3 SEAL Omit STATE OF OHIO COUNTY OF BUTLER ) THE CINCINNATI INSURANCE COMPANY Vice President On this 1st day of April, 2007, before me came the above-named Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate sea] and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. •w 40 r r_ a Rr x -% , �, r (Zly RK J. 11U R, Attorney at Law ■ �i y►Hfy A V ;'� _ _", I., Lt - STATE OF OHIO •r��*0I�FtFrrO"ly�y*�' commissi . no expiration date. Section 147.03 Q.R.C. 1, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full force and effect. GIVEN under my hand and seal of said Company at Fairfield, Ohio. this day of / u CORPORATE Secretary SEAL 4 Is H l o BN -1005 (3/02) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY Insured Name: rill HAY MARKINGS LLC dba Policy Number: 010-WC13P,-70564 Agency Name: 3135, Chastain & Assoc Insurance Arjy Inc WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. Thfs agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in tate Schedule. SCHEDULE All persons or organizations that, in a written contract executed by both parties pr€or to the date of the injury Covered by this policy, require you to obtain this agreement from us. This endorsement changes the policy tc which it is attached and is effective on the date issued unless otherwise noted_ Issued by National Trust; Tnaurance Company 27367 Endorsement Number: 0000000 Effective Cate: 4/25/13 Date Issued:_ 5/03/1 Co untersiu red WC 00 03 43 Copyright 1983 National Council on Cornpensation Insurance Ez0201, Awa C'MTRAUil) .:1.t< ll)A11T:X11) 8GRELME\] s T A'l E OF GEORGIA C:3 d3 ()F mil -TON .p"4! 5,y .KK . t...gn m a. /+ `omfr caf i� WDSCREMP AN rAM THE MiLATROUTMAN p_____. -NO : ARY AL3BI.iC dCl uETT COUN` I A' OF GEC3itG`• a dcxiare r fit} ns :. cilr [iICCtYg 4i �YfYC H CoIYCL"L. Arlewff e ra. EXHIBIT"D" D" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By. exccuting this affidavit, the undersigned subcontracLor verifies its compliance with G.C.G.A. § 13-10-91, statin- affirmatively that the individual, firm or corporation which is engagcd in the physical performance of services under a contract witl) Highway Markings, LIX. on behalf orthe City of Milton has registered with, is authorized to use and uses the ze eral work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in 0.C,(iA. y 13-10.91. Furthermore, the undersigned s,ubcontractor will continue to use the feJeral work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract ottly with sub -subcontractors who present an affidavit to the subcontractor with the information required by U.C.G,A. § 13-10-91(b), Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit From a sub -subcontractor to the contractor within Five (5') business mays of receipt. Ifthe undersigned subcontractor rervives notice that a sub -subcontractor has received an affidavit from any other c€arstracted sorb -subcontractor, the undersigned subcstntratwtor trust forward, within five (5] business days of reo�ipt a copy of the notice to the contractor, Subcontractor hereby attests that its federal work authorization user identification nurnbbcr and date of authorization ars: as follows: eVerify Number A )9 ate of A tho zatiun Name of Sul7enntraeior ,11,8 Y ARNAFRISj UA Name of Project City of Milton Name of Public Employer EXHIBIT "E" PAYMENT AND PER FOR N-1 AICE BONDS PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENT; THAT Highway Markings, LLC (as CONTRACTOR., hereinafter referred to as the -Principal"), and as SURETY COMPANY, hereinafter referred to as the'-CONTRAC:TOWS SURETY"i, are held and frrtnly Lound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the ttse mid benefit of any `.Claimant," as hereinafter defined, in the sum of five thousand nine hundred seventy five Dollars ($5,975), lawful money of the Merited States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successorY, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated , which is incorporated herein by reference in its entirety (hereinafter referred to as the -CONTRACT), for the construction of a project known as Short Line Striping (hereinafter referred to as '`the PROJECT"). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly .snake payment to any Claimant. as hereinafter defined, for all labor, services aazd MIL 1_ I "ON .,,It PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENT; THAT Highway Markings, LLC (as CONTRACTOR., hereinafter referred to as the -Principal"), and as SURETY COMPANY, hereinafter referred to as the'-CONTRAC:TOWS SURETY"i, are held and frrtnly Lound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the ttse mid benefit of any `.Claimant," as hereinafter defined, in the sum of five thousand nine hundred seventy five Dollars ($5,975), lawful money of the Merited States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successorY, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated , which is incorporated herein by reference in its entirety (hereinafter referred to as the -CONTRACT), for the construction of a project known as Short Line Striping (hereinafter referred to as '`the PROJECT"). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly .snake payment to any Claimant. as hereinafter defined, for all labor, services aazd rnaterials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A "Claimant" shall be defined herein as any Subcontractor, person. Patty, partnership, corporation or other entity furnishing labor, services or materials used or reasonably required for use in the performance of the Contract. without regard to whether such labor. services or materials were sold, leased or rented. and without regard to whether such (hni—nant is or is not its. privity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City. or the filing of a Lien against the property of the City aflerted by the Contract. the Contractor's Surety shall either settle or resolve the Claim and shall remove =y such Lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS W HEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this day of , 2013. Highway Markings, LLC By. Tit (SEAL) KE HOMEOF'THF BEST QUALITY OF LFF IN GFORGIA' _MILTO N, ESTABLISH FD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 25, 2013 FROM: City Manager AGENDA ITEM: Approval of the following Subdivision Plats: Name of Development Action Comments Six Four Zero Dorris Minor Subdivision Plat Create two lots Road, LLC Revision Heritage at Crabapple Final Plat Create 63 lots Braeburn, Phase IV Final Plat Revision #3 Add units 125-132 Braeburn, Phase IV Final Plat Revision #2 Add units 134-136 Henderson Landing Final Plat Revision Revised lot lines on lots 26 & 27 Deerfield Green Final Plat Revision Add 37 lots Phase 3 Hidden Forest Final Plat Revision Revise lot lines on lots 1-15, 42-57, 75-91 & 99-105. Remove lots 7, 14, 15, 58 & 106 MEETING DATE: Monday, November 4, 2013 Regular City Council Meeting. See attached memorandum APPROVAL BY CITY MANAGER: 0 APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES (YNO CITY ATTORNEY REVIEW REQUIRED. () YES (K NO APPROVAL BY CI TY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: + I REMARKS: © V Youln P4 PHONE: 678.242.25001 FAX: 678.242.2499 ,,Green 'V ; c,eniNd infoftityoimiltonga.us J www.cifiyofmilfonga.us Community 1t� E�h 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 = ERT '"t° app., , a Page 1 of 2 To: Honorable Mayor and City Council Members From: Kathy Field, Community Development Director Date: Submitted on October 23, 2013 for the November 4, 2013 Regular Council Meeting Agenda Item: Approval of Subdivision Plats ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats and revisions as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. Name of Development Action Comments Six Four Zero Dorris Road, LLC Minor Subdivision Plat Revision Create two lots Heritage at Crabapple Final Plat Create 63 lots Braeburn, Phase IV Final Plat Revision #3 Add units 125-132 Braeburn, Phase IV Final Plat Revision #2 Add units 134-136 Henderson Landing Final Plat Revision Revised lot lines on lots 26 & 27 Deerfield Green Phase 3 Final Plat Revision Add 37 lots Hidden Forest Final Plat Revision Revise lot lines on lots 1-15, 42-57, 75-91 & 99-105. Remove lots 7, 14, 15, 58 & 106 Funding and Fiscal Impact: Plat Revision Staff Memo Page 2 of 2 None Alternatives: Do not approve Legal Review: None – not required. Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): None 0 HOME 017'-F ' 7CST 2- ALJY O- MIL'Fl(jN'llip ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 25, 2013 FROM: City Manager AGENDA ITEM: Proclamation Recognizing Pancreatic Cancer Awareness Month MEETING DATE: Monday, November 4, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: KAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES R NO CITY ATTORNEY REVIEW REQUIRED: () YES J NO APPROVAL BY CITY ATTORNEY O APPROVED O NOT APPROVED PLACED ON AGENDA FOR: REMARKS © j' You ,w PHONE: 678.242.25001 PAX: 578.242.2499 "G Fd -e IiVv,*Certified ; Infofcityofmiltonga.us I www.cityofmiltonga.usCommunity l 13000 Deerfield Parkway, Suite 107 Milton GA 30004=`R`I"E° BRONZE' a Pancreatic Cancer Awareness Month WHEREAS, in 2013, an estimated 45,220 people will be diagnosed with pancreatic cancer in the United States and 38,460 will die from the disease; and WHEREAS, pancreatic cancer is one of the deadliest cancers, is the fourth leading cause of cancer death in the United States, and is the only major cancer with a five-year relative survival rate in the single digits at just six percent; and WHEREAS, when symptoms of pancreatic cancer present themselves, it is late stage, and 73 percent of pancreatic cancer patients die within the first year of their diagnosis while 94 percent of pancreatic cancer patients die within the first five years; and WHEREAS, approximately 1,010 deaths will occur in Georgia in 2013; and WHEREAS, the U.S. Congress passed the Recalcitrant Cancer Research Act last year, which calls on the National Cancer Institute to develop scientific frameworks, or strategic plans, for pancreatic cancer and other deadly cancers, which will help provide the strategic direction and guidance needed to make true progress against these diseases; and WHEREAS, the Pancreatic Cancer Action Network is the national organization serving the pancreatic cancer community in the City of Milton and nationwide through a comprehensive approach that includes public policy, research funding, patient services, and public awareness and education related to developing effective treatments and a cure for pancreatic cancer; and WHEREAS, the Pancreatic Cancer Action Network and its affiliates in the City of Milton support those patients currently battling pancreatic cancer, as well as to those who have lost their lives to the disease, and are committed to nothing less than a cure; and WHEREAS, the good health and well-being of the residents of the City of Milton are enhanced as a direct result of increased awareness about pancreatic cancer and research into early detection, causes, and effective treatments. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, Georgia hereby dedicate and proclaim November as “Pancreatic Cancer Awareness Month” in the City of Milton and call this observance to the attention of all of our citizens. Given under my hand and seal of the City of Milton, Georgia on this 4th day of November, 2013. ______________________ Joe Lockwood, Mayor HOME OF `THE BEST IMILTON11p ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 25, 2013 FROM: City Manager AGENDA ITEM: Proclamation Recognizing National American Indian Heritage Month MEETING DATE: Monday, November 4, 2013 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. (APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES (U7 NO CITY ATTORNEY REVIEW REQUIRED: O YES .f NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: f 1 REMARKS I I 04113 0 YOU -- PHONE: 678.242.2500 � FAX: 678.242.2499 info@cityofmiitonga.us I www.cityofmiltong4.us 13000 Deerfiefd Parkway, Suite 107 1 Milton GA 30004 -Green �v Community *CCfLif d * !Op lU9 . ccty O . a RM National American Indian Heritage Month WHEREAS, the history and culture of our great nation have been significantly influenced by American Indians and indigenous peoples; and WHEREAS, the contributions of American Indians have enhanced the freedom, prosperity, and greatness of America today; and WHEREAS, their customs and traditions are respected and celebrated as part of a rich legacy throughout the United States; and WHEREAS, Native American Awareness Month began in 1976 and recognition was expanded by Congress and approved by President George Bush in August 1990, designating the month of November as National American Indian Heritage Month; and WHEREAS, in honor of National American Indian Heritage Month, community celebrations as well as numerous cultural, artistic, educational and historical activities have been planned. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby proclaim November 2013 as National American Indian Heritage Month in the City of Milton, Georgia, and urge all our citizens to observe this month with appropriate programs, ceremonies and activities. Given under my hand and seal of the City of Milton, Georgia on this 4th day of November 2013. _________________________ Joe Lockwood, Mayor M HOME OF ' QUALITY ( ' MILTON, ESTABLISHED 1046 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 25, 2013 FROM: City Manager AGENDA ITEM: Proclamation Recognizing Veterans Day 2013 MEETING DATE: Monday, November 4, 2013 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER:APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (} YES KNO CITY ATTORNEY REVIEW REQUIRED: () YES I) NO APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: r + O� 13 REMARKS O NOT APPROVED youn P'- ', Green .. * cmifw PHONE: 678.242.25001 FAX: 678.242.2499 c;Tydf Community EEhics info@cityofmiltonga.us j www.cityotmiltonga.us%�•� �..,oy..,....,..' 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - `EAT""° EIa4wAE a Veterans Day 2013 WHEREAS, it has long been our custom to commemorate November 11, the anniversary of the ending of World War I, by paying tribute to the heroes of that tragic struggle and by rededicating ourselves to the cause of peace; and WHEREAS, in the intervening years the United States has been involved in several other great military conflicts, which have added millions of veterans living and dead to the honor rolls of this Nation; and WHEREAS, the Congress passed a concurrent resolution on June 4, 1926 (44 Stat. 1982), calling for the observance of November 11 with appropriate ceremonies, and later provided in an Act approved May 13, 1938 (52 Stat. 351), that the eleventh of November should be a legal holiday and should be known as Armistice Day; and WHEREAS, in order to expand the significance of that commemoration and in order that a grateful Nation might pay appropriate homage to the veterans of all its wars who have contributed so much to the preservation of this Nation, the Congress, by an Act approved June 1, 1954 (68 Stat. 168), changed the name of the holiday to Veterans Day: NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby call upon all of our citizens to observe Monday, November 11, 2013, as Veterans Day. On that day let us solemnly remember the sacrifices of all those who fought so valiantly, on the seas, in the air, and on foreign shores, to preserve our heritage of freedom, and let us consecrate ourselves to the task of promoting an enduring peace so that their efforts shall not have been in vain. Given under my hand and seal of the City of Milton, Georgia on this 4th day of November 2013. _____________________________ Joe Lockwood, Mayor HOME OF' HE BEST QU.AkTY OF LIFE !N GEORGIA' I LTONIr ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 30, 2013 FROM: City Manager AGENDA ITEM: Consideration of An Ordinance to Amend Chapter 2, Article VI, Administration -Financial Management Program Section 2-626(a)(2) to Provide for Piggybacking from Contracts of other Public Entities that have been Renewed or Extended MEETING DATE: Monday, November 4, 2013 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: XAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. YES (} NO CITY ATTORNEY REVIEW REQUIRED: ( YES () NO APPROVAL BYCITYATTORNEY OAPPROVED (} NOT APPROVED PLACED ON AGENDA FOR: 041 13 REMARKS ® Your PHONE: 578.242.2500 FAX: 678.242.2499r '-Green ,4PP ; c�nsfat �ee Top.oa infofcityofmiltonga.us I www.cftyofmiltonga.us Community th 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 =ERTEF.ED BRONZE a STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 2, ARTICLE VI, ADMINISTRATION- FINANCIAL MANAGEMENT PROGRAM SECTION 2-626(a)(2) TO PROVIDE FOR PIGGYBACKING FROM CONTRACTS OF OTHER PUBLIC ENTITIES THAT HAVE BEEN RENEWED OR EXTENDED WHEREAS, Chapter 2, Article VI of the Code of Ordinances of the City of Milton, Georgia contains provisions allowing for the purchase of products or services by piggybacking off of other public entities contracts; and WHEREAS, it has been determined that the most recently adopted amendment excluded the ability to piggyback off of contracts that were renewed or extended; BE IT ORDAINED by the Mayor and Council of the City of Milton, Georgia while in a regular called council meeting on the 18th day of November, 2013 at 6:00 p.m. as follows: SECTION 1. That the amendment to Section 2-626(a)(2), as reflected in the highlighted language, is hereby adopted and approved; and is attached hereto as if fully set forth herein; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. This Ordinance shall become effective upon its adoption. ORDAINED this the 18th day of November, 2013. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal) Sec. 2-626 (a) Source selection. Except as provided in this section, all vendor selections shall be made by the purchasing office. When making the vendor selection, the purchasing office will choose the lowest, best, responsible, responsive vendor. It is recognized that exceptional requirements may dictate that the USER is instrumental in selecting vendors. In such cases, it is necessary that this need be transmitted to the purchasing office with sufficient documentation as to the reason for the exception. This must be done in advance of any firm negotiations or commitment with the vendor. (1) In determining where to purchase products and services based on competitive prices and costs incurred in obtaining the purchase, the city shall purchase locally when all of these requirements are equal. (2) The city shall not make purchases of products or services from city employees or councilmembers or from businesses owned by members of these two groups unless specifically approved by the city council. The city shall have the right to piggyback from other city, county, local authority and board of education contracts if the vendor will extend the same prices, terms, and conditions to the city. This source selection shall only be available where competition was used by the other agency to secure the contract and only for a period of 12-months following entry, renewal or extension of into the contract by the other agency. This provision shall not apply for any contract where state law mandates the city utilize its own competitive procurement process. M HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' iv ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 25, 2013 FROM: City Manager AGENDA ITEM: Consideration of the issuance of an Alcohol Beverage License to Taziki's Mediterranean Cafe, Located at 5306-B Windward Parkway, Milton, Georgia 30004. The Applicant is Mike Hoffman — Consumption on Premises —Wine and Malt Beverages. MEETING DATE: Monday, November 4, 2013 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (x NO CITY ATTORNEY REVIEW REQUIRED: (} YES �NO APPROVAL BY CITY ATTORNEY O APPROVED O NOT APPROVED PLACED ON AGENDA FOR: REMARKS In youcL PHONE: 678.242.25001 FAX: 678.242.2499 Green infoftifyofMiltonga.us I www.cityofmiltonga.us A Comm 1Ji11tyil 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on October 2, 2013 for the November 4, 2013 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Taziki’s Atlanta LLC dba Taziki’s Mediterranean Cafe, Located at 5306-B Windward Pkwy, Milton, GA 30004 ____________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license to Taziki’s Atlanta, LLC dba Taziki’s Mediterranean Cafe for consumption on premises of wine and malt beverages. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Taziki’s Atlanta LLC dba Taziki’s Mediterranean Cafe Contact Name: Mike Hoffman Business Address: 5306-B Windward Pkwy, Milton, GA 30004 Type of License: Consumption on Premises – Wine and Malt Beverages Funding and Fiscal Impact: There is a positive fiscal impact of license fees and monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Chris Lagerbloom, City Manager Deb Harrell, Chief of Police Kathy Field, Director of Community Development Attachment(s): None. H► HOME OF ' M, Li UN ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 25, 2013 FROM: City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to ALAR Enterprises, LLC d/b/a Chevron Food Mart, Located at 13021 Deerfield Parkway, Milton, Georgia 30004. The Applicant is Allauddin Madhani — Retail Package Sale — Wine and Malt Beverages. MEETING DATE: Monday, November 4, 2013 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES kNO CITY A TTORNEY REVIEW REQUIRED: O YES 1 NO APPROVAL BYCITYATTORNEY O APPROVED (} NOTAPPROVED PLACED ON AGENDA FOR: Il��}l3 REMARKS ©.* Your _ PHONE: 67$.242.25001 FAX: 678.242.2499 6"teen *Ccrtif'ted* op U0 �'% info@cityofmiitonga.us I www.cltyofmiltongmus Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 _ RTPfIED I)FIO E CEO TIFlEQ BflONTE - >pi� To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on October 14, 2013 for the November 4, 2013 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to ALAR Enterprises, LLC dba Chevron Food Mart, Located at 13021 Deerfield Parkway, Milton, GA 30004. ____________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license to ALAR Enterprises, LLC dba Chevron Food Mart for retail package sale of wine and malt beverages. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. Staff has processed the application and recommends issuance of the applicable license for: Business Name: ALAR Enterprises, LLC dba Chevron Food Mart Contact Name: Allauddin Madhani Business Address: 13021 Deerfield Parkway, Milton, GA 30004 Type of License: Retail Package Sale - Wine and Malt Beverages Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Chris Lagerbloom, City Manager Deb Harrell, Chief of Police Kathy Field, Director of Community Development Attachment(s): None. HOME OF' .-- ..c- iA, MILI()N*k ESTABLISHED 2046 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 25, 2013 FROM: City Manager AGENDA ITEM: Consideration of a Construction Services Agreement between the City of Milton and Alan Densmore, Inc. for Debris Removal Services in Accordance with Fulton County Superior Court Order No. 2009CV164310. MEETING DATE: Monday, November 4, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER:} APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: P YES () NO CITY ATTORNEY REVIEW REQUIRED: K) YES O NO APPROVAL BY CITY ATTORNEY APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS C* 0 Your, PHONE: 678.242.2500 1 FAX: 67$.242.2499 infoftityofmiltonga.us I www.cityofmiltonga.us COmmulfl Y k 6hic� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 C°"""°° 6PV4lE >e To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: Submitted on October 30, 2013 for the November 4, 2013 Regular Council Meeting Agenda Item: Consideration of a Construction Services Agreement between the City of Milton and Alan Densmore, Inc. for Debris Removal Services in Accordance with Fulton County Superior Court Order No. 2009CV164310 Department Recommendation: Approval. Executive Summary: On June 12, 2012 the Fulton County Superior court issued an order that authorized the City of Milton to perform those actions necessary to bring the property located at 14220 Cogburn Road into compliance with all applicable city codes and ordinances . The order also provided that the city would be able to recover all expenses incurred to do so. This order was the culmination of 6 years of efforts by the city code enforcement division to bring this property into compliance. Since the incorporation of the city in December 2006 numerous efforts have been made to require the property owner to take the necessary actions to remedy the violations and they have repeatedly failed to do so. The property remains in violation of Sections 10-267, 10-272 and 64-49 of the City of Milton Code of Ordinances for stored items, piles of trash and debris, weeds, vehicles with expired tags or no tags, lack of proper maintenance and mosquitoes. Pursuant to the Fulton County Superior Court order and in accordance with the city procurement procedures a Request for Proposals was issued to secure a qualified contractor to complete this project. The city received three proposals on the project and Alan Densmore, Inc. was determined to be the most qualified firm to provide this service. Staff is recommending approval of a unit price Construction Services Agreement with Alan Densmore, Inc. in an amount not to exceed $75,000. Page 2 of 2 Funding and Fiscal Impact: Funding for this project is available in the operating Professional Fees fund. The court order requires that the property owners reimburse the city for costs incurred with bringing the property into compliance with the court order. Alternatives: None. Legal Review: Paul Higbee – Jarrard & Davis (10-24-2013) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Construction Services Agreement CONSTRUCTION SERVICES AGREEMENT FOR Debris Removal from Private Property This Agreement (the "Agreement") to provide debris removal services is made and entered into this _ day of __ , 2013 , by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton City Council (hereinafter referred to as the "City"), Alan Densmore , Inc ., a Georgia corporation with its principal place of business located at PO Box 3729, Suwanee, Georgia 30024 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: WHEREAS , the City issued an Request for Proposals for debris removal services (13 - CDOl);and WHEREAS , based upon Contractor's proposal to provide these services as required by the RFP documents , the City has selected Contractor as the winning contractor, and WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS , Contractor has familiarized itself with the nature and extent of the Contract Documents , the Project, and the Work, with all local conditions and federal , state and local laws, ordinances , rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows : Section 1 Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents : A. This Agreement (18 Pages); B. Request for Proposals (75 Pages), attached hereto as Exhibit "A"; C. Proposal from Contractor dated June 12 , 2013 (22 Pages), attached hereto as Exhibit "B"; D. Performance and Other Bonds, attached hereto collectively as Exhibit "C"; E. Non-collusion Affidavit of Prime Proposer, attached hereto as Exhibit "D", F. Contractor Affidavit and Agreement, attached hereto as Exhibit "E"; G. Subcontractor Affidavit, attached hereto as Exhibit "F"; H. Plans and specifications, attached hereto collectively as Exhibit "G", 1. Final Affidavit, attached hereto as Exhibit "H", J. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto : All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties ; and K. City of Milton Code of Ethics. In the event of any discrepancy among the Contract Documents, that provision that inures most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Section 2 Project Description The scope of this project generally consists of the removal of debris from the property located at 14220 Cogburn Road in the City of Milton as directed by the city in accordance with File No . 2009CV164310 issued by the Fulton County Superior Court. Section 3 The Work The Work is specified and indicated in the Contract Documents (the "Work"). In the event of any discrepancy among the Contract Documents , the provision operating most to the benefit of the City, as determined by the City in its sole discretion , shall govern. The Work previously described includes all material , labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described . Contractor shall complete the Work in strict accordance with the Contract Documents. Section 4 Contract Time This Contract shall take effect on November 5, 2013. Contractor agrees to complete the Project within 45 calendar days from the date of Notice to Proceed. Every effort will be made by Contractor to shorten this period . 2 Section 5 A. Contractor's Compensation; Time and Method of Payment The total amount paid under this Agreement shall not, in any case, exceed $75 ,000, except as outlined in Section 6 below. City agrees to pay the Contractor for the work upon certification by the City that the Work was actually performed and costs actually incurred in accordance with the unit prices provided herein. This amount shall include all use, lease, or other taxes, and all expenses for personnel and equipment (including fuel) that Contractor will incur to provide the Work. Unless otherwise agreed in writing signed by both Parties, the compensation payable by the City to Contractor is limited to the price amount set forth in the Proposal Submittal Form, and City will not pay any other sum attributable to taxes, costs or expenses that Contractor may incur in providing the Work. Table 1. Unit Prices . Item # Description Unit Unit Price Vegetative Waste (trees, A .l stumps, etc. greater than load $400 per 30cy container 12" not accepted at Chadwicks) A.2 All other Site Debris ton $45 .00 B .l Automobile ea $300.00 B .2 Boat ea $300.00 B.3 RV/Camper ea $500.00 B.4 Construction Equipment ea $1 ,2 00 .00 B .5 Other Motorized Vehicle ea $500.00 C.1 Asbestos Material cy $120.00 Perm. Grassing, includes D.1 ground preparation and sf $0.65 mulch B. Compensation for Work performed shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred v ersus charges budgeted. Each invoice s hall be accompanied b y an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured b y the Contractor from all subcontractors in accordance with O .C .G .A . § 44-14-366. 3 C. D. E. Section 6 A. B. As long as the gross value of the completed work is less than 50% of the total contract amount and/or when satisfactory progress has not been achieved by the Contractor during any period for which payment is to be made, the City may retain a percentage of said payment, not to exceed ten percent (10%) of the maximum Contract Price to ensure performance of the Agreement. Said cause and progress shall be determined by the City, in its sole discretion, based on its assessment of any past performance of the Contractor and likelihood that such performance will continue. Upon completion of all contract requirements , retained amounts shall be paid promptly less any offsets or deductions authorized hereunder or by law. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through change orders or construction change directives as described in Section 6 below. All invoices should be submitted to Rick Pearce (Budget and Procurement Coordinator), for approval. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City . No payments will be made for unauthorized work . Payment will be sent to the designated address by U.S. Mail only; payment will not be hand-delivered. The City may withhold payment or final payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress , defective work, disputed work, failure to comply with material provisions of the Agreement, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. Work Changes The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension oftime shall be recognized, unless contained in a written change order duly executed on behalf ofthe City and the Contractor. 4 C. Section 7 A. The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement . Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of$25,000, must be approved by resolution ofthe Milton City Council. Covenants of Contractor. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics . B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion ofthe Project. C. Expertise of Contractor Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. E. City's Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that; therefore, the City bears no responsibility for Contractor's services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been 5 compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance . Contractor further agrees that no approval of designs, plans , specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals . F. Contractor's Reliance of Submissions by the City Contractor must have timely information and input from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous , inconsistent, or otherwise problematic . G. Contractor 's Representative G. E. ([)a rill J ~ shall be authorized to act on Contractor 's behalf with respect to the Work as Contractor's designated representative. H . Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City . I. Responsibility of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers , boards , commissions , elected and appointed officials, employees and agents from and against any and all claims, suits, actions , liability, judgments, damages, losses, and expenses , including but not limited to , attorney 's fees , which may be the result of willful, negligent or tortuous conduct arising out ofthe Work, performance of contracted services , or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be 6 liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge , or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages , compensation or benefits payable by or for the Contractor or any subcontractor under workers ' or workmen 's compensation acts , disability benefit acts or other employee benefit acts . This obligation to indemnify and defend the City, its members , officers, agents, employees and volunteers shall survive termination of this Agreement. Contractor shall not be required to indemnify the City or its officers , boards, commissions, elected or appointed officials , employees or agents against liability or claims for damages , losses , or expenses , including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions , elected or appointed officials, employees or agents. J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee ofthe City . The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed ; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services ; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates , employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. The Contractor shall obtain and maintain, at the Contractor's expense, all permits, licenses , or approvals that may be necessary for the performance of the services . The Contractor shall furnish copies of all such permits, licenses, or approvals to the City of Milton Representative within ten (10) days after issuance. 7 Inasmuch as the City of Milton and the Contractor are contractors independent of one another neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Contractor agrees not to represent itself as the City 's agent for any purpose to any party or to allow any employee of the Contractor to do so , unless specifically authorized, in advance and in writing , to do so , and then only for the limited purpose stated in such authorization . The Contractor shall assume full liability for any contracts or agreements the Contract enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. K . Insurance (1) Requirements : The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents , representatives , employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain limits no less than: (a) Comprehensive General Liability of$l,OOO ,OOO combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from . (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1 ,000,000 combined single limit per occurrence for bodily and personal injury, sickness , disease or death, injury to or destruction of property , including loss of use resulting there from . (c) Professional Liability of $1 ,000,000 limit for claims arising out of professional services caused by the Contractor 's errors , omissions , or negligent acts . (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1 ,000 ,000 per accident. (3) Deductibles and Self-Insured Retentions : Any deductibles or self-insured retentions must be declared to and approved by the City . (4) Other In suranc e Prov isions : The policy is to contain, or be endorsed to 8 contain, the following provisions: (a) General Liability and Automobile Liability Coverage . (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers . (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees , agents or volunteers. Any insurance or self-insurance maintained by the City, its officials , employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it . (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials , employees , agents or volunteers . (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, e xcept with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis , with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed b y the Contractor for the City. (vii) All endorsements to policies shall be executed b y an authorized representative of the insurer. (b) Workers' Compensation Coverage : The insurer will agree to waive all rights of subrogation against the City, its officials , employees, agents and v oluntee r s for losses ari sing fr om w ork performed b y 9 the Contractor for the City. (c) All Coverages : (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates . (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(1) of this Agreement. (iv) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(1) ofthis Agreement. (5) Acceptability ofInsurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. (6) Verification of Coverage : Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Contractor 's insurer in its normal course of business and shall be received and approved by the City prior to execution ofthis Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time . The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage . (7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims-Made Policies : Contractor shall extend a ny claims-made 10 insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. L. Employment of Unauthorized Aliens Prohibited E-Verify Affidavits It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore , the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits "E" and "F" (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E-Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E-Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered . The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "E", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 CIRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 . In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.e.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "F", which subcontractor affidavit shall become part of the contractor/subcontractor 11 agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above . If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C .G .A. § 13- 10 -91 , the City Manager or hislher designee shall be authorized to conduct an inspection of the Contractor's and Contractor 's subcontractors ' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G .A. § 13 -10-91 , the City Manager or hislher designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor 's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning . Where a Contractor or Contractor 's subcontractors are found to have employed an unauthorized alien , the City Manager or hislher designee may report same to the Department of Homeland Security. The Contractor 's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee-number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O .C.G.A. § 13-10 -91.] 500 or more employees. 100 or more employees . A Fewer than 100 employees . Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O .C.G.A. § 13 -10 -91 , the Contractor will secure from the subcontractor(s) such subcontractor(s ') indication of the above employee-number category that is applicable to the subcontractor . The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws . 12 M. Records, Reports and Audits (1) Records : (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized , such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls , time records, invoices , contracts, or vouchers , or other official documentation evidencing in proper detail the nature and propriety of the charges . All checks , payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible . (2) Reports and Information : Upon request, the Contractor shall furnish to the City any and all statements, records , reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections : At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement . The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices , materials , payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. N . Conflicts ofInterest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics . o . Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require an y of its subcontractors, consultants , and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports , information, opinions or conclusions that Contractor creat es under thi s Agree ment shall not be made available to , or 13 discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. P . Licenses, Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. Q. RESERVED R . Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. S. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such materials . If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. T. Meetings The Contractor is required to meet with the City'S personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will 14 Section 8 A. be given a minimum of three full working days notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the contract. Covenants of the City Right of Entry The City shall provide for right of entry for Contractor and all necessary equipment along the Bethany Bend Road right-of-way, in order for Contractor to complete the Work. B . City 's Representative Section 9 Jimmy Sanders shall be authorized to act on the City's behalf with respect to the Work as the City 's designated representative Warranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final Completion of the Project at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion ofthe one-year general warranty period to identify any issues that must be resolved by the Contractor. Section 10 A. B. Termination The City may terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of a termination for convenience, Contractor shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third-parties unless otherwise instructed by the City. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, the City shall pay Contractor for work performed to date in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice . The City shall then make alternative arrangements for completion ofthe Project and deduct the cost of completion from the unpaid Contract Price. The City will make no pay ment t o 15 C . D. E . Section 11 A. B. C . D . E. the Contractor or its Surety until all costs of completing the Project are paid . If the unpaid balance of the amount due the Contractor, according to this agreement, exceeds the cost of finishing the Project, the Contractor or its Surety will receive the applicable funds due . If the costs of completing the Project excee d the unpaid balance , the Contractor or its Surety will pay the difference to the City. If the City terminates this Agreement for cause , and it is later determined that the City did not have grounds to do so , the termination will be treated as a termination for convenience under the terms of this Section (A) above. Upon termination, the Contractor shall : (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings , reports, summaries , and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Miscellaneous Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter contained herein. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original , but all of which together shall constitute one and the same instrument. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. Notice . All notices requests , demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail , po stage prepaid , return rec eipt requested or upon actual d eli v ery w hen sent 16 via national overnight commercial carrier to the parties at the addresses given below, unless a substitute address shall first be furnished to the other parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton Attn: City Manager 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Alan Densmore, Inc ., PO Box 3729 , Suwanee, Georgia 30024 F. Sovereign Immunity . Nothing contained in this Agreement shall be construed to be a waiver of the City 's sovereign immunity or any individual's qualified good faith or official immunities. G. Force Majeure . Neither the City nor Contractor shall be liable for their respective non-negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God ; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire , explosion or flood ; (v) strike or labor dispute , excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority ; or (vii) any war, hostility, embargo, sabotage , civil disturbance , riot, insurrection or invasion . In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. H. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. I. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S .C . § 2000d, section 303 of the Age Discrimination Act of 1975 , as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990,42 U.S .C . § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because ofrace, color, cree d, national origin, gender, age or disability . In 17 addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section I in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON FOLLOWING PAGE] 18 SIGNED, SEALED, AND DELIVERED ::x:::~ Witness (Corporate Secretary should attest) pr~~(\6)t\ y~ I ~(e Ma Y" SIGNED, SEALED, AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires : Title 7 [AFFIX CORPORATE SEAL] MILTON CITY COUNCIL: Joe Lockwood, Mayor [CITY SEAL] 19 EXHIBIT "A" REQUEST FOR BID CITY OF MIL TON REQUEST FOR PROPOSALS (THIS IS NOT AN .ORDER) Proposal Number: Project Name: 13-CDOI DEBRIS REMOVA L F ROM PRIVATE PROPERTY Due Date and Time:' May 21, 2013 Number of Pages: 58 Loc al Time: 2 :00pm ISSUING DEPARTM EN T INFORMAT ION Issue Date: April 22 , 2013 City of Milton Public Works Department Phone: 678 -242 -2500 13000 Deerfield Pkwy ~ Suite 10 7G Fax: 678 -242-2499 Milton, Ga. 30004 I Website: www.cityofmiltonga.us I INSTRUCTIONS TO PR,bpOSERS Return Submittal t ~: Mark Face of Envelope/Package: Proposal Numbe r: 13 -CDOI City of Milton Name of Company or Firm Attn: Rick Pearce, Purchasing Office 13000 Deerfield PkwYI Special Instructions : Suite 107G Deadline for Written Questions Milton, GA . 30004 May 13 ,2013 Email question s to Ric k P earce at rick .pearce@Jcityofmiltong a.u s IMPORT ANT : SEE ST AiNDARD TERMS AND CON DITIONS PROPOSERS MUST COMPL ETE TH E F OLLOWING Proposer Namel Address: Au th orized Pro poser Sig natory: (Please print name an d s ign in ink) Proposer Phone Numb er: Proposer FAX N u mber: Proposer Fed eral l.D . N umber : Pro poser E-mai l Ad dress: PROPOSERS MUST RETURN THIS COVER SHEET WITH PROPOSAL RESPONSE -, I I Page Table of Contents Topic Request for Proposals Proposal Instructions Evaluation Criteria Insurance Requirements Bonding Requirements Proposal Submittal Form Addenda Acknowledgement Bid Bond Qualifications Signature and Certification List of Subcontractors Project Specifications Disclosure Form Contractor Affidavit & Agreement (eVerify) Schedule of Events Sample Construction Agreement Page 3 4 4 6 8 9 12 13 16 17 18 28 29 30 31 2 1Page CITY OF MIL TON Purchasing Division Request for Proposals Number: 13-CDOI ]}EBRIS REMOV A L FROM PRIVATE PROPERTY In accordance with File No. 2009CV16431 0 issued by the Fulton County Superior Court, the City of Milton is accepting sealed proposals from qualified firms to remove debris as directed by the City of Milton from a private property located at 14220 Cogburn Road. All proposers must comply with all general and special requirements of the proposal information and instructions enclosed herein. There will be a Mandatory Pre-Bid Meeting on May 9 ,2013 at 10 :00 am in the City Council Chambers located at City Hall, 13000 Deerfield Parkway, Suite 107E , Milton , Georgia 30004 . A mandatory site visit will immediately follow this meeting. No other site visits are permitted . No other unauthorized site visits are permitted and may result in the rejection of the proposal. Sealed proposals will be received no later than 2:00 PM Local Time on May 21 st, 2013. Sealed proposals shall be submitted to : City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Parkway, Suite 107G, Milton , Ga. 30004 . At approximately 2 :05 PM Local Time o n May 21 St, 2013 proposals will be publicly opened and the proposer 's name will be read aloud at : City of Milton Courthouse, 13000 Deerfield Parkway, Suite 107E, Milton, GA 30004 . Proposals received after the above time or in an y other location will not be accepted . Proposals shall be presented in a s ealed env e lope with the proposal number (13 -CD01) and t he name of the company or firm submitting clearly marked on the outside of the envelope . ONE (I) ORIGINAL (PAPER!) AND THREE (3) COPIES (PAPER) AND A PDF COPY OF THE PROPOSAL ON CD: MUST BE SUBMITTED . Proposals will not be accepted verbally, by fax , or email. Questions must be in writing. For questions , please email Rick Pearce at rick.pearce@cityofmiltonga.us. Deadline for questions is May 13 t h, 2013 at 5:00pm . Official answers to questions and potential chan ges to the RFP (Addendums) will be posted at the same web locations as the RFP on or about May 15 t \ 2013 . Any other form of interpretation, correction , or change to th is RFP will not be bind ing upon the City . It is the proposer 's responsibility to check the websites for potential updates . Please refer to Proposal (l3 -CDOl) and proposal name DEBRIS REMOVAL FROM PRIVATE PROPERTY when requesting information. The City of Milton [(1serves the right to reject any or all proposals, to waive technicaliti es and informalities, and to make award in the best interest of the City of Milton . The selected contractor must be able to start work with in ten (l0) calendar days after th e "Notice to Proceed" is is s ued . The time of compl etion for the proj ect is si xt y (60) calendar days fr om th e date ofthe "Notice to Proceed ." Ifweathe r affects the required completion schedule, whi ch determination shall be made by the City in it s sole discretion , the City and selected contractor wi ll negotiate a new completion date to accommodate for the delay. 31 P age PROPOSAL INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING PROPOSAL DOCUMENTS COULD RESULT IN THE PROPOSAL BEING DEEMED NON-RESPONSIVE AND BEING REJECTED : I Item Des ~ription Page 1 Filled out and Signed Request for Proposals 1 2 Prop ~osal Submittal Form 9 3 Applicable Addenda Acknowledgement 12 4 City ,Bid Bond 13 5 Qualification Signature and Certification 16 6 List of Subcontractors 17 7 Disc'osure Form 28 8 Contractor Affidavit and Agreement (eVerify) 29 INFORMATION AND INSTRUCTIONS I The purpose of this sblicitation is to enter into a unit price contract with one firm to be the primary contractor f~r DEBRIS REMOVAL FROM PRIVATE PROPERTY (13-CD01). No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. The City reserves the right to cancel the contract for convenience at any time by providing written notice thereof to Contractor. Title to any supplies, materials, equipment or other personal property shall remain the Contractors ' until fully paid for by the City. Any damage to any building or traffic control device , or equipment incurred during the course of work shall be repaireCl at the contractor 's expense to the complete satisfaction of the City of Milton with no additional expense to the City. EVALUATION The City intends to evaluate the proposals and award the contract to the responsible and responsive offeror whose proposal is determined to be the most advantageous to the City, taking into consideration the evaluation factors set forth below. Responsible and responsive bidders will be considered those persons , partnerships, corporations or firms with a proven record of competent service in debris removal and clean-up who can demonstrate a current capability to properly , and in a timely manner, perform the Work . The Contractor selected must have submitted a responsive and responsible proposal that conforms to this Request for Proposals . While the proposal price will be a key factor of considerat ion , other important factors will also be considered to determine whether the Contractor 's proposal 4 1Page is in the best interest of the City. These factors include, but are not limited to, the proposer's business history, experience removing debris generally and specifically related to removal of hazardous waste, n:;putation, financial stability and capabilities, personnel experience and expertise, and abiliW to access the necessary equipment. If a proposal is determined not to be in the best interest of the City, the Proposer will not receive any award, regardless of how low its proposal may be. In addition to other documents required by this RFP the proposer must provide the following: 1. Business History: The proposer must be able to provide documentation to demonstrate the entity has been in business for a minimum of five (5) years prior to the date this proposal is submitted and have experience removing debris and performing similar work. 2. Summary ofOualifications: Provide a description and history of the firm that summarizes proposer's experience in all aspects of debris management (reference resources, operations, planning, contract management, accounting systems, and knowledge and experience with reimbursement programs). 3 . Past Projects: Provide a table of past projects, including cubic yards (cy)/tons of debris removed, dollar value of contract, and contact information for the client. 4. Environmental Requirements: Describe your experience and understanding of environmental requirements. This must include handling and disposal of Hazardous Waste (including asbestos containing materials). Contractor or subcontractor (if used) must submit evidence of proper certification to handle asbestos related materials. I 5. Solid & Ha~ardous Waste: Describe your experience and understanding of Solid & Hazardous Waste Management. 6. Equipment: Provide a list of Contractor owned debris removal equipment, along with evidence of ability to lease or obtain additional equipment if necessary. At the City's discretion, presentations may be requested as part of the evaluation process, and the opportunity for negotiation and revision of proposals may be provided after submission of proposals and prior to award for the purpose of obtaining best and final offers . However, during any discussion, negotiation, and revision, the City shall not disclose the contents of any proposals to competing offerors. The City of Milton reserves the right to retain all proposals submitted and to use any idea in any proposal regardless of whether that proposal is selected. Proposals will be evaluated and rated based on the following criteria: I . All required information provided (pass/fail) 2. Price (maximum of 10 points) 3 . Business Hi ~tory (maximum of 5 points) 4. Experience (with debris removal generally) (maximum of 30 points) 5. Experience Handling Hazardous Waste (maximum of 10 points) 6 . References ~maximum of 15 points) 7 . Ability to Access the Necessary Equipment (maximum of30 points) 5 1Pag e INSURANCE REQUIREMENTS Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by thel Contractor, its agents, representatives, employees or subcontractors. All policies shall ibe subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit pe r single ' occurrence, $2,000 ,000 (two million dollars) umbrella, including coverage for bddily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Compr ehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injuryl sickness, disease or death , injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers LiabilIty limits of$I,OOO,OOO (one million dollars) per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following prdvisions: (a) General Liability and Automobile Liability Coverage . (i) The City and City Parties are to be covered as insureds . The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor 's insurance and shall not contribute with it . 61Pa ge (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties . (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis , with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage : The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail , return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptabilitv of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A .M. Bests' rating of no less than A:VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies , at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall fumish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims-Made Policies: Contractor shall extend any claims-made insurance policy for at least six (6) years after termination or final pay ment under the Agreement, whichever is later. 7 1Pa ge (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers' Compensation policy. BONDING REQUIREMENTS Each proposal must be accompanied with a BID BOND (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the maximum Contract Price as provided herein (not including the proposal alternate), payable to the City of Milton. Said bid bond guarantees the proposer will enter into a contract to perform the project strictly within the terms and conditions stated in this proposal and in the proposal and contract documents, should the construction contract be awarded . The Successful Proposer shall be required to furnish a PAYMENT BOND to secure payment of all claims for materi<tls furnished and/or labor performed in performance ofthe project and a PERFORMANCE BOND to ensure performance by the Contractor of its obligations under the Contract, both in am<punts equal to one hundred percent (100%) of the maximum Contract Price. I Bonds shall be issued by a corporate surety appearing on the Treasury Department's most current list (Circular 570 as Amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney . All bonds :must be approved prior to execution of the Contract. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. OATH I Prior to commencing the Work, the successful proposer shall execute a written oath as required by O.C.G.A. §§ 32-4l 122 and 36-91-21(e). COST OF PREPARING A PROPOSAL The costs for developing and delivering responses to this RFP and any subsequent presentations ofthe proposal as requested by the City are entirely the responsibility of the proposer. The City is not liable for any expense incurred by the proposer in the preparation and presentation of its proposal. All materials submitted in response to this RFP become the property of the City of Milton. 81Page Proposal Submittal Form DEBRIS REMOVAL FROM PRIV A TE PROPERTY [PROPOSERS MUST RETURN THESE SHEETS WITH PROPOSAL RESPONSE] The Proposer 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 (as specified in this RFP and File No. 2009CV16431 0 issued by the Fulton County Superior Court and enclosed herewith as Exhibit I to the Sample Contract. No unauthorized site visits are permitted.), and having satisfied itselflhimself/herself of the expense and difficulties attending performance of the Work, and hereby proposes and agrees that ifhis proposal is accepted , he will contract with the Ci ~ of Milton in full co nformance with the Contract Documents . It is the intent of this Proposal 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 remove the items listed in the attached Proposal schedule for the unit prices stated. The Proposer 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 proposed for the various items scheduled . Hereby proposes andl agrees , if this proposal for the above named project is accepted , to enter into a contract to perform! all Work necessary to the successful completion of the contract and to supply all required submittals as indicated or specified in the RFP and the proposal documents to be performed or furnished by proposer for a maximum contract price not to exceed seventy-five thousand dollars ($75 ,000.000). It is understood that the actual compensation amount will be determined based upon the unit prices provided below , but the parties agree that the to t al Contract Price will not exceed the amount provided above . Any amount paid in excess of the not to exceed Contract Price above must be agreed to in writing by the Parties prior to being incurred. [UNIT PRICES ON THE FOL LOWING PAGE] 91 P age A. Removal of all outside debris: When collectjng debris, the contractor shall sort all debris encountered on the subject property into appropriate pay categories. Item # De~cription Unit Unit Price I • A.I Vegetative Waste tons (trees, stumps, plant materials, etc.) I A.2 Inert, Construction & Demolition Debris tons A.3 HOUlsehold Waste lb AA Household Hazardous Waste lb (paint, tv's, oil, gas, computers, printers, etc.) Recyclable Materials A .S (p~)er , scrap metals, plastics, glass, cardboard, lb etc.1 A .6 Whlte Goods tons I (refrigerators, stoves, other appliances, etc.) I B. Removal of Vehicles (including Boats): Item # De ~cription Unit Unit Price B .I Automobile ea B .2 Boat ea B.3 RVi/Camper ea I BA Construction Equipment ea B.S Other Motorized Vehicle ea C. Quote for Cqntractor Costs for Abatement of Asbestos : Item # D I; •• e ~CrIptlOn Unit Unit Price C.l Asbestos Material Ib D. Site Stabilization : Item # I Description Unit Unit Price D.l Grassing, includes ground preparation , fertilizer and sf mulch lO I Pa ge E. Additional Information Required on Your Own Form (Refer to the Evaluation Criteria for ~dditional Detail) I . Business History 2. Summary of Qualifications 3. Past Projects 4 . Environmental Requirements 5 . Solid & Hazardous Waste 6. Equipment Note: Contractor is responsible to pay tipping fees at point of disposal. In compliance with ¢e attached Specification, the oodersigned offers and agrees that if this Proposal is accepted, I by the City Cooocil within One Hoodred and Twenty (120) days of the date of Proposal opening, I 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 Proposal Schedule. COMPANY __________________________________________________ ___ ADDRESS __________________________________________________ ___ AUTHOruZEDSIGNATURE ________________________________________ _ PruNT I TYPENAME ______________________________________________________ ___ TITLE __________ -,--__________________________ _ IllPage ADDENDA ACKNOWLEDGEMENT [PROPOSERS MUST RETURN THIS SHEET WITH PROPOSAL RESPONSE] Proposer acknowledges receipt of the following addenda: Addendum No. Date viewed Proposer further declares that the full name and resident address of Proposer 's Principal is as follows : Proposer Mailing Address: Signed, sealed, and dated this _______ day of ____________ _ Proposer __________ (Seal) Company Name By: Title : ----------- 121Page BID BOND CITY OF MILT ON, GE ORGIA [PROPOSERS MUST RETURN THIS SHEET WITH PROPOSAL RESPONSE] Attached hereto is an executed Bid Bond -------------------------------------- _____________ in the amount of three thousand seven hundred fifty Dollars ($ 3,750) (Five Percent of maximum Contract Price). If this bid shall be accepted by the City of Milton 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 t he date of Notice of Award ofthe Contract, then the City of Milton 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 shall be forfeited to the City of Milton as liquidated damages. PROPOSER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (hereinafter referred to as the "City ") (Name and Address): BID City of Milton, Georgia ATTN: Purchasing Office 13000 Deerfield Parkway, Suite 107G Milton , Georgia 30004 BID DUE DATE: ----------------------PROJECT (Brief Description Including Location): BOND BOND~BER : ________________________ __ DATE (Not later than Bid due date): ________________ _ PENALSUM: ____________________________ . ______________________ __ (Words) (Figures) IN WITNESS WHEREOF, Surety and Proposer, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. PROPOSER ____________ (Seal) Proposer 's Name an d Corporate Seal By : __________ __ SURETY _______________________ (Seal) Surety's Name and Corporate Seal By: ---------------------- 13IPage Signature and Title: Signature and Title: (Attach Power of Attorney) Attest : ___________ _ Attest : Signature and Title: --~~~------Signature and Title: Note: (I) Above addresses are to be used for giving any notice required by the tenns of this Bid Bond. (2) Any singular reference to Proposer, Surety, the City or any other party shall be considered plural where applicable. 1. Proposer and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Proposer the penal sum set forth on the face of this Bond . 2. Default ofProp<Dser shall occur upon the failure of Proposer to deliver within the time required by the Proposal Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Proposal Documents and any Performance and Payment Bonds required by the Proposal Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Proposer's Bid and Proposer delivers within the time required by the Proposal Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Proposal Documents and any Performance and Payment Bonds required by the Proposal Documents; or 3.2 All P~oposals are rejected by the City; or 3.3 The 9ty fails to issue a Notice of Award to Proposer within the time specified in the Proposal Documents (or any extension of that time agreed to in writing by Propolser and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Proposer within 30 calendar days after receipt by Proposer and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due . 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Proposer, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Proposal due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Proposer and Surety or later than one year after Bid due date. 7 . Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 8. Notices required hereunder shall be in writing and sent to Proposer and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal 141Page delivery, commercial courier or by United States Registered or Certified Mail , return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby . 10 . This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length . If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern, and the remainder of this Bond that is not in contlict therewith shall continue in full force and effect. 11 . The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. 151Page QUALIFICATIONS SIGNATURE AND CERTIFICATION [PROPOSERS MUST RETURN THIS SHEET WITH PROPOSAL RESPONSE] 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 ________ 20 13 Printffype Name ____________ _ Printffype Company Name Here _____________________ _ CORPORATE CERTIFICATE I, , certify that I am the Secretary of the Corporation named as Contractor in the foregoing proposal; that __________________ , who signed said proposal in behalf of the Contractor, was then (title) of said Corporation ; that said proposal was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers ; and that said Corporation is organized under the laws of the State of ---------------- This _______ day of _______ , 2013 _______________ (Seal) (S ignature) 161Page LIST OF SUBCONTRACTORS [PROPOSERS MUST RETURN THIS SHEET WITH PROPOSAL RESPONSE] I do Ido not (check one) propose to subcontract some of t he Work on thi s project. I propose to Subcontract work to the following subcontractors: Company Name : _________________ _ 17 1P age PROJECT SPECIFICATIONS The City of Milton desires that all property within the City comply with City ordinances and that they be maintained in a clean and sanitary manner. In accordance with File No. 2009CVl6431 0 issued by the Fulton County Superior Court, the City desires to receive sealed proposals from contractors (herein, as to a successful proposer(s), the "Contractor") interested in sorting, removing, and transporting materials and unauthorized vehicles from private property in the City. Contractor will receive directives from the City concerning which items constitute noncompliance and require removal and the nature of the Work to be performed thereon and will otherwise coordinate all Work with the City. Contractor must receive instructions to proceed from the City before commencing any Work on the subject property. The City shall be responsible for providing access to the project site and providing information that is available in the files of the CITY to assist the Contractor in completing any assigned tasks . The Contractor warrants that it has inspected the work site (as specified in this RFP and File No. 2009CYl64310 issued by the Fulton County Superior Court and enclosed herewith as Exhibit I to the Sample Contract.lNo unauthorized site visits are permitted.) before performing the Work contemplated hereunder. The Contractor further warrants that it has not identified any condition or hazard that will prevent it from performing the Work in a manner that does not endanger persons or property. The Contractor is exclusively responsible for performing Work in a safe manner that does not put at risk the safety of persons (including its own employees, subcontractors or representatives) or endanger property. The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (i) all its employees and all other persons who may be affected by the Work; (ii) all the materials and equipment at or near the work site; and (iii) other property at the work sites or adjacent thereto. The Contractor further agrees to comply with all provisions and requirements set forth in applicable laws, ordinances, rules, regulations and orders of any public authority having jurisdiction over safety of persons or property or to protect them from damage, injury or loss. Contractor is solely responsible for any and all damage to property adjacent the work sites that results or arises from performance of its Work. A. General Conditions 1. This is a competitive solicitation for Work only and is limited to qualified service providers and all Work must be in compliance with all state and local codes. Contract award will be made to the proposer that submits the proposal determined to be in the best interest of the City. 2 . The Work contemplated hereunder is to maintain the public health, safety, and well- being of the City and its citizens . The Contractor acknowledges and agrees that perfor~ance of its operations in the most expeditious manner possible is of the utmost importance. The successful proposer is highly encouraged to consider the use of local and/or disadvantaged subcontractors, preferably those located within the City limits, to the maximum extent possible . This will allow the successful proposer to maximize the amount of equipment and number of personnel available . 181Pa ge 3. The City may use its own crews as part of the debris removal process on the public right of way. Contractor agrees to coordinate its operations with those of the City's crews, or any other City cont ractor, participating in the cleanup and removal process at or near the private properties on which Work is performed . 4 . The successful Contractor, at its own expense , shall furnish all management, supervision, labor, supplies, equipment and machinery necessary to accomplish efficient and effective removal and disposal of all eligible debris from designated private {?foperties in the City. 5. The Contractor is responsible for ensuring all loading and transport equipment complies with applicable federal state and local laws and regulations. The Contractor shall inspect all equipment prior to use . 6. In no event shall Contractor use track equipment on the public Right of Way during the course of its operations . 7 . The Contractor should exercise due care to minimize any damages to trees , shrubs , landscaping and general property that is not the subject of Work. The Contractor shall repair any damages caused by the equipment in a timely manner at no expense to the City. The debris work area shall be left clear of debris and cleaned, as reasonable and practical under the conditions of this Project . Contractor shall notify the City of damages immediately. 8. Notwithstanding that the City is authorized to enter the subject property, Contractor acknowledges that it is solely responsible for all damage to conditions and improvements on that property (including, but not limited to, slabs, sidewalks, driveways, landscaping, septic tanks, private streets or roads , etc .) that do not constitute part of the Work. Contractor agrees that it will indemnify, defend and hold harmless the City and City Parties from any claims, demands, expenses or actions for such Owner Property Damage, including Owner Property Damage claim s resulting from the negligence ofthe City or its representatives, but excluding such Claims caused by the sole negligence or willful misconduct of the City or its representatives. 9 . The Contractor shall use equipment and perform Work in a manner to prevent damages to the City's infrast ructure and adjacent rights of way ("ROWS'), including all curbs, street surfaces and landscaped areas. Contractor acknowledges that it is solely responsible for any and all damage to City's infrastructure that it accesses or uses in the performance of Work, regardless whether such damage does or does not constitute Work and whether the City has authorized Contractor's access to the public street or ROWs ("City Property Damage"). The Contractor shall repair any such damages to City's infrastructure caused by the Contractor's equipment in a timely manner at no expense to the City ; provided that Contractor shall not be obligated to reimburse the City for City Property Damage to the extent resulting from the negligent or willful acts of the City or its other representatives. 10. Contractor acknowledges and agrees that it will be solely responsible for any 191Page liability, fees , fines , claims, etc., which may arise from its improper handling, disposal or hauling of materials . 11 . The Contractor shall not be paid to remove, process, or dispose of debris that does not qualify as part of the Work; provided that, compensation shall be payable if the Monitor 1directs Contractor to perform extra work. Contractor acknowledges and understands that any disposal , removal , transportation , or pick-up of any materials not covered in this scope of work shall be at its sole ex pense land risk. B. Debris Eligibility and Removal Specifications 1. Miscellaneous Procedures a . Before commencing the Work, the Contractor shall document the current conditions of all roadway s , and all structures to remain in the debris removal area. In addition, all roadways along the haul routes shall be documented . A representative of the City shall be present during this inspection . The Contractor shall provide photographic and /or video documentation of the condition of work sites before beginning Work, and that documentation shall be submitted to the City. b. The Contractor shall remove all debris and personal property, as specified by the City's Code Enforcement Department to bring the property into compliance with City ordinances. Determination of when the site is in compliance with City ordinances will be at the reasonable judgment of the City. Contractor will not be allowed to "cherry pick" debris . 2 . Eligible Debris Eligible Debris is considered all debris and outside storage which is not in compliance with City ordinances. Contractor will transport all asbestos products encountered to an approved disposal site. Contractor will not place Hazardous Waste on public ROW. The property shall be deem ed in compliance when all outside storage not normall y associated with residential or plant nursery use , as determined b y Code Enforcement, is removed and soil stabilized. Items to be removed include, but are not limited to the following: 1. Any item deemed to be refuse, trash, garbage, rubbish , household waste, junk and recyclables, 2 . ~ars , trucks , boats, recreational or specialized vehicles without current tag or tegistration or that are inoperable, 3 . Construction equipment, commerc ial vehicles or impleme nts such as dump trucks, compactors, asphalt rollers , dozers, backhoes, tow trucks, box trailers or related equipment, 4 . Tires, 2 0 I P age 5. Appliances, new, used or scrap, 6. All barrels, cans, or plastic containers with unknown liquids or substances that may be observed to be leaking exposed to the weather or causing a sanitary problem , 7. Old car or truck parts, 8. Furniture, desks, cabinets, book shelves , office equipment, light fixtures , batteries , HV AC equipment, racks, frames , matts, metal boxes, wood boxes, cardboard boxes or sporting goods, 9. Scrap metal, wood, plastic, or paper including recyclables, 10. Plastic bags of household waste or other waste, trash,junk, rubbish or refuse, 11. Transite (asbestos) shing les , 12 . Construction materials that are no longer suitable for new construction (as determined by the Building Official), 13 . Any plastic, glass, wood, metal, or paper material stored outside whether serviceable or not, 14 . Any pile, stack or collection of materials that may harbor rodents or other objectionable vermin , 15. Used church equipment, 16 . Stored bricks, blocks, and stone, 17 . Fireplace inserts, 18 . Aluminum tubing, sheeting or extruded components , 19 . Netting , 20. Used tanks , 21 . Old devices converted to other uses that hold water breeding mosquitoes , 22. Doors, windows , light fixtures , stairs , mouldings, pickets or fixtures stored outside. a. Removal of Motorized Vehicles . Contractor may be asked to make arrangements to collect, load and transport any automobiles , RV s or other titled or untitled motor vehicles or boats (collectively, "Motorized Vehicles") that are authorized by the City and eligible for removal from the private properties to an address to be provided by City that lies within its limits. Contractor agrees and warrants that, following transportation to the above address, the Motorized Vehicles will be in substantially the same condition at the delivery point as when first collected and encountered by Contractor on the private property . Contractor acknowledges that the City , at its election, may collect and dispose of inoperable Motor Vehicles found on private properties pursuant to its laws and regulations . b . Procedures if Contractor Encounters Sensitive or Valuable Materials . 1. The Contractor shall not remove or disturb an y human remains . If human remains are encountered at a site during its activities, all work at that site shall be stopped. The Contractor shall immediately notify: 21lPage 1. Local law enforcement 2. City representative ii. If the Contractor encounters animal remains, the remains shall be secured on:site and work may continue. The Contractor shall immediately notify: 1. City representative I iii . I ~the Contractor encounters ammunition, weapons, or explosives on site or during removal activities, all work shall be stopped in the adjacent area. Work may continue in other areas on site. The Contractor shall immediately notify : 1. Local law enforcement 2. City representative iv. If the Contractor encounters valuables, such items shall be secured onsite and w0rk may continue. Valuables may include jewelry, cash, safes, and other items of monetary or sentimental value. Under no circumstance shall C0ntractor employees keep any found items for souvenirs or other uses . The C0ntactor shall immediately notify: 1. City representative . v. In !the event the contractor encounters materials he believes to be hazardous (other than asbestos containing material), the contractor shall notify the City so that EPA can be contacted to test the material. If the material is confirmed to be hazardous, then the material will be disposed of by EPA . If the material is found to not be hazardous , then it will be handled by the Contractor under the category of household waste . 3. Hauling of Debris a. Contractor must provide copy of all weigh tickets/tipping tickets for each load of material that is transported from the subject private property and disposed of in connFction with this Agreement . Payment will be made based on the price per pound or ton (as indicated on the proposal form) for each category mUltiplied by the number of pounds or tons disposed of. Copy of weigh ticket/tipping tickets must:.accompany invoices submitted by the Contractor. b. Contractor is responsible for determin ing and complying with applicable requirements for securing loads while in transit and that all trucks have a solid tailg~te made of metal. Contractor shall assure that all loads are properly secured and transported without threat of harm to the general public, private property, and public infrastructure . c. The Contractor shall ensure that all vehicles transporting debris are equipped with and use tarps or netting to prevent further spread of debris . 221 P age 4. Compliance with Laws and Regulations a. The Contractor shall maintain debris work sites and perform all Work in accordance with applicable standards and requirements of all Federal, State and local authorities, including, without limitation, any requirements for dust control. b. Contractor acknowledges , represents, and warrants to the City that it is familiar with , all laws relating to collection, disposal and transportation of the materials, stru9tures and other property contemplated herein, and is familiar with and will comply with all guidelines, requirements, laws, regulations, and requests of any other Federal, State or local authorities. c . The Contractor shall be responsible for control of pedestrian and vehicular traffic in the work area . The Contractor shall provide all flag persons, signs and equipment, and other personnel and equipment shall be in addition to the pers~mnel and equipment required by this part of the Agreement. At a minimum, I one flag person should be posted at each approach to the work area. Closure or blocking of public streets and other rights-of-way shall not be permitted unless prior arrangements have been made with the City's Representative and is coordinated with appropriate departments. Traffic control is the responsibility of the Contractor(s) and shall be accomplished in conformance with local traffic codes. Work shall be accomplished in a safe manner in accordance with City and OSHA standards. d. The Contractor shall be responsible for contacting Utility Locate and any other utility company for the purpose of identifying utility lines and components in advance of work. Repair of damages to utility lines and components are the I responsibility of the Contractor . e . The Contractor is responsible for obtaining all applicable environmental and regulatory permits prior to the contractor commencing operations . Copies of all documentation granting approval shall be provided to the City. 5. Priority/Scheduling ofWorkl Prohibited Action a . Unless otherwise agreed, the Parties anticipate that Contractor may perform its operations on the property and other locations between the hours of 8 am and 5 pm on weekdays. b. The Contractor shall not solicit work from private citizens or others to be performed in the designated work area during the period of this Agreement. Undbr no circumstances will the Contractor mix debris hauled for others with debr1is hauled under this Agreement. 6 . Recordkeeping a . Contractor shall provide and submit to the City, all reports and documents as may 23 I P ag e be necessary to adequately document its performance of this Agreement. In providing the above data, Contractor has taken into account all contingencies foreseeable by anyone with the expertise and knowledge in debris removal , including, but not limited to, the Right-of-Entry process for debris removal from private property and the related requirement of regulatory agencies . b . Contractor will maintain accurate, complete and sufficient records to document its use and expenditure of the funds relative to its Work . The City representatives , mayJ at reasonable times and places, audit the books and records of Contractor related to the Work. At the request ofthe City or City's Representative, Con~ractor shall furnish (at its own cost) to the City's Director of Finance, at a time land place designated by the City, all books and records , accounts, statements and <Dther documents as needed by the City to conduct a financial and/or operational review, audit, examination , excerpt or transcript of Contractor's I operations and/or finances in connection with the Work. Contractor also agrees to furnIsh (at no cost to the City) to the City's Director of Finance any and all infm:mation which may be requested regarding the use and expenditure of any funds received by Contractor as a result of the Work and contemplated Agreement. If Contracto r refuses to honor the City'S request for an audit or for such information within ten (10) days , such failure shall constitute an event of default under the Agreement. c . All Rertinent books, accounts, or other records accumulated by Contractor in connection with the Work shall be retained for three (3) years from the later of termination of the contemplated contract, the completion of the Work, or any fin a l payment made to Contractor. If any audit, claim or litigation is begun concernin g the Agreement or the Work before the expiration of the three (3) year period, Contractor shall retain the records until the three (3) years following the resolution of all litigation , claims, or audits involving such records. The City's right to audit pursuant to this shall survive the termination of the Agreement. 7. Storage Of Personal Property a . Personal property (including titled property, construction equipment, machines, serviceable or operable equipment or materials or other items identified by the City, etc.) that must be removed from the real property in order to bring the real property into compliance with the City's ordinances shall be taken by the Contractor, or a towing company specified by the City, to an impound lot to be approved by the City and shall be stored by the Contractor for a period of 45 days, unless the property is retrieved by the owner prior to the expiration of the 45 day period . Contractor shall inventory all personal property removed from the real property by photographing and documenting the description , condition , serial numbers or other identifying numbers, etc. related to the personal property removed. The Contractor, at the direction of the City, shall be responsible for ensuring that any personal property removed from the real property is disposed of or returned to the owner, as appropriate . 24 1 P a ge 8. Site Stabilization a . Contractor shall ensure that the relevant site (from which debris and personal property is removed) is stabilized through grassing, which shall include ground preparation, seed, fertilizer and mulch. 9 . Aerial Photos of the Subject Property 25 1 P age 26 1 P age 271 P age DISCLOSURE FORM PROPOSERS MUST RETURN THIS SHEET WITH PROPOSAL RESPONSE This fonn is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this fonn and return as part of your Proposal package when it is submitted. NameofProposer ____________________________________________ __ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. AmountN alue Description Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: 28 1 P age EXHIBIT "F" CONTRACTOR AFFIDAVIT AND AGREEMENT [PROPOSERS MUST RETURN THIS SHEET WITH PROPOSAL RESPONSE] STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O .C .G.A. § 13 -10-91 , stating affirmatively that the individual, firm , or corporation which is engaged in the physical performance of services on behalf ofthe City has registered with , is authorized to use and uses the federal work authorization program commonly known as E-Verif)', or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O .C.G .A . § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period, and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A . § 13-10-91(b), a form of which is attached hereto as Exhibit "G". Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows. Federal Work Authorization User Identification Number Date of Authorization Name of Contractor Name of Project Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _____________ , 201 in ______ (city), ______ (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,201 Notary Public [NOTARY SEAL] My Commission Expires: 291 P age SCHEDULE OF EVENTS FOR REFERENCE ONLY -DO NOT SUBMIT WITH PROPOSAL RESPONSE Event: Release of RFP Mandatory Pre-Proposal Meeting and Site Inspection Location: City Hall Council Chambers 13000 Deerfield Parkway, Suite 107E Milton, Georgia 30004 Deadline for Written Questions *Submit via E-Mail to Rick Pearce of Purchasing Office at rick.pearce@cityofmiltonga.us City of Milton Addendum (on or about) Date: 4/22/2013 5/9/2013 @ 10:00AM 5/13/2013 @ 5:00 PM 5/15/2013 (Official answers to questions and potential changes to RFP. Addendum will be posted at the same web locations as the RFP) Proposals due Proposals are due to: 5/2112013 @ 2:00PM City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite-l07G Milton , Ga. 30004 Tentative Contract Award (On/about) 6/1712013 Notice to Proceed Issued (On/about) 6/18/2013 30 I P age Reference Only Subject to change SAMPLE CONSTR UCTION AGR EEMENT This Construction Agreement (the "Agreement") is made and entered into this __ day of _____ ---' 20 __ , by and between the City of Milton , a political subdivision of the State of Georgia, acting by and through its governing authority, the City of Milton Mayor and Council (hereinafter referred to as the "City "), and XXXXXX; a ________ with its principal place of business located at XXXXXXX (hereinafter referred to as the "Contractor") (collectively referred to herein as the "Parties"). WITN ESSE TH: WHEREAS, the City issued a Request for Proposals, dated xxxxx:xxxA:XXX, for services generally described as debris removal; and WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to perform the Work contemplated under this Agreement; and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work; and WHEREAS, based upon Contractor 's proposal in response e Request for Proposals for XXXXXXXXXXXXX; the City has selected Contractor as the succ sful pr WHEREAS, Contractor has agreed to perform suc Work as set forth this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized . selfwith the nature a extent of the Contract Documents, the Project, and the Work, with all local condition rmdfederal, state and vcallaws, ordinances, rules and regulations in any manner that may affect cost, progres or performance of the ork, and Contractor is aware that it must be licensed to do business in the State ofGe. rgia. onsideration of the mutual promises, public purposes, and and other good and valuable consideration, the sufficiency Section 1. Contract Docum ents The following documents, attached hereto (except as expressly noted otherwise below) are incorporated herein by reference and constitute the Contract Documents: A . This Agreement; B. Request for Proposals (and other proposal related documents) attached hereto as Exhibit "A " (including the Project Specifications); c. Proposal Documents from Contractor dated ________ attached hereto as Exhibit HB "; D. Performance Bond and Payment Bond, attached hereto collectively as Exhibit "C"; E. Non -collusion Affidavit of Prime Proposer, attached hereto as Exhibit "D "; F. Final Affidavit , attached hereto as Exhibit "E "; G . Alien Employment affidavits attached hereto as Exhibits "F " and "G "; 31 l Page H. 1. J K. Section 2. SAVE affidavit attached hereto as Exhibit "H "; File No. 2009CVI643IO issued by the Fulton County Superior Court attached hereto as Exhibit "I"; Key Personnel, attached hereto as Exhibit "J"; The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties. Project Description The Project is defined generally as follows: Contractor shall collect debris from the subject property and sort all debris encountered into appropriate pay categories, as indicated in the Proposal Submittal Form, attached hereto as part of Exhibit B and incorporated herein by reference, Contractor shall then relocate all such debris to an appropriate disposal site in accordance with applicable laws and regulations. Section 3. The Work The Work is specified and indicated in the Contract Documents (the "Work "). The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents (including, but not limited to, the Project Specification tached hereto and incorporated herein by reference). In the event of any discrepancy among the terms of e var· us Contract Documents, the provision most beneficial to the City, as determined by the City in its sole di retion, sha /' The City will issue a Notice to Proceed, whic Notice to Proceed sh state the dates for beginning Work andfor achieving Final Completion of Work. Wor shall c t mmence withi ten (IO) days of the City's issuance of the No tice to Proceed. Section 4. Contract Time Contractor warrants and J: presents that it will p "form the Work in a prompt and timely manner, which shall not impose delays on the pr ress of the Work. C tractor agrees to complete the Project within 45 days from the date of the City's issuance of a itten Notice To roceed. Section 5. Time and Method 0 Pa ment The total amount paid under this Agreement shall not, in any case, exceed , except as outlined in Section 6 below. The compensation for Work performed shall be based upon the amount of debris removed pursuant to the Proposal Submittal Form, attached hereto as part of Exhibit B and incorporated herein by reference. This amount shall include all use, lease , or other taxes, and all expenses for personnel and equipment (including fuel) that Contractor will incur to provide the Work. Unless otherwise agreed in writing signed by both Parties, the compensation payable by the City to Contractor is limited to the unit price amount set forth in the Proposal Submittal Form, and City will not pay any other sum attributable to taxes, costs or expenses that Contractor may incur in providing the Work. City agrees to pay the Contractor for the debris removed upon certification by the City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with o.C.G.A. § 44-14-366. For reasonable cause and/or when satisfactory progress has not been achieved by the Contractor during any period for which payment is to be made, the City may retain a percentage of said payment, not to exceed ten 321 P age percent (J 0%) of the maximum Contract Price to ensure performance of the Agreement. Said cause and progress shall be determined by the City, in its sole discretion, based on its assessment of any past performance of the Contractor and likelihood that such peiformance will continue. Upon completion of all contract requirements, re tained amounts shall be paid promptly less any offsets or deductions authoriz ed hereunder or by law. Any material deviations in tests or inspections peiformed, times or locations required to complete such tests or inspections and like deviations jrom the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through change orders or construction change directives as described in Section 6 below. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City. No payments will be made for unauthoriz ed work. Payment will be sent to the designated address by u.s. Mail only; payment will not be hand-delivered, though the Contractor may arrange to pick up payments directly jrom the City or may make written requests for the City to deliver payments to the Contractor by Federal Express delivelY at the Contractor's expense. The City may withhold payment or final payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Agreement, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. Section 6. A. B. c. D. Section 7. A. Work Changes "Change order " means a written modification of the Contract Documents, signed by the City and the Contractor. The City reserves the right to order changes ' the rk to be performed under this Agreement by altering, adding to, or deductingjrom the ork. All su changes shall be incorporated in written change orders and executed by the ntractor and Ci Such change orders or construction change directives shall specify the c nges ordered and an ecessary adjustment of compensation and completion time. If the Par 'es cannot reach an a eement on the terms for performing the changed Work within a reaso Ie time to avoid del or other urifavorable impacts as determined by the City in its sole disCI: lion, the City shall h e the right to determine reasonable terms, and the Contractor shall pro eedwith the r;hanged ork. The City Manager has a lhority without further action of the Mayor or Council to execute any number of change orders or construction change directives so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders or construction change directives materially altering the terms o/this Agreement or increasing the total amount to be paid under this Agreement in excess of$10, 000. 00, must be approved by the City of Milton Mayor and Council. Covenants of Contractor. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics or any other similar law or regulation. B. Time is ofthe Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCEfor completion of the Project. C. Expertise of Contractor Contractor accepts the relationship of trust and confidence established between it and the City, 33 I P age recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. The Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of the City and the Project in accordance with the City's requirements and procedures. Contractor represents that it has familiarized itself with the nature and extent of the Contract Documents, the Work, work site(s}, locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Contractor further represents and agrees that it has correlated the results of such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. Contractor represents that it has given the City written notice of all conflicts, errors, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's profession or business and in compliance with all applicable federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project. Further, the Contractor agrees to bear the filll cost of corr ing the Contractor 's negligent or improper Work, the negligent or improper work of its cont '(lctor nd subcontractors, and any harm caused by such negligent Work. The Contractor's duties shall not be di nished by any approv I by the City of Work completed or produced; nor shall the Contractor e reletfsed from any r bility by any approval by the City of Work completed or produced, it eing understood th the City is ultimately relying upon the Contractor 's skill and knowle e in performing tffe WJ rk required under the Contract Documents. In the event that during e course ofperformi the Work, the Contractor discovers or reasonably should discover that ere exists in any 0'£ e Contract Documents that is, in the Contractor 's opinion, unsuitabl improper, or inacc ate for the purpose for which the document or data is furnished, Contracto shall promptly . iform the City of such inaccuracies, impropriety, issues or concerns. D . Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not ajustificationfor breach of sound principals of Contractor's profession and indUsf1y. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. E. Citv's Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that therefore, the City bears no responsibility for Contractor's services pelformed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, specifications, or Work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor's Reliance on Submissions by the City Contractor must have timely information and input from the City in order to perform the Work 34 t P age required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor's Representative ______ shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them, and the City shall have no obligation to them. 1. Responsibilitv of Contractor and Indemnification ofCitv The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on acc nt the performance or character of the Work rendered pursuant to this Agreement. Con tr "Ctor sha defend, indemnify and hold harmless the City, its officers, boards, commissions, ected and a ointed officials, employees, servants, volunteers and agents (hereinafter refi red to as "City Pies") from and against any and all claims, injuries, suits, actions, judg nts, damages, losses, DStS, expenses and liability of any kind whatsoever, including but not mited to, attorney 's ees and costs of defense (hereinafter collectively "Liabilities "), whO may be the result 0 illjul, negligent or tortious conduct arising out of the Work, perfor nce of contracted s ices, or operations by the Contractor, any subcontractor, anyone lrectly or indirectly !ployed by the Contractor or subcontractor or anyone for whose ac the Contractor or su ontractor may be liable, regardless of whether or not the negligent act . caused in part by a arty indemnified hereunder. This indemnity obligation does not include iabilities caused b or resulting from the sole negligence of the City or City Parties. Such oblig 'on shall not e construed to negate, abridge, or otherwise reduce any other right or obligation of i emnifY. hich would otherwise exist as to any party or person described in this provision. In any a I claims against the City or City Parties, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen 's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the City and City Parties shall survive termination of this Agreement, provided that the claims are based upon or arise out of actions that occurred during the performance of this Agreement. J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed; the instrumentalities, tools, supplies and/or materials necessary to complete the Work ; hiring of subcontractors, agents or employees to complete the Work; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. 351 P age Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so , and then only for the limited purpose stated in such authoriz ation. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits ofInsurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Li ility of $1, 0,000 (one million dollars) limit per single occurrence, $2,00 ,000 (two million liars) umbrella, including coverage for bodily and person injury,\.sickness, dise se or death, injury to or destruction of property, inclu ng loss of use resulti g therefrom , vandalism, property loss and theft. (b) (c) )Y Compre sive Automobile Li tlity (owned., non-owned., hired) of $1 ,000,000 (one illion dollars) icomb ' ed single limit per occurrence for bodily and per; onal injury, sickness, isease or death, injury to or destruction of property, i luding loss of use re lting therefrom. WorM 'Co ~pe ation limits as required by the State of Georgia and Employers Liability . it of$I,OOO,OOO (one million dollars) per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liabilitv and Automobile Liabilitv Coverage . (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor 's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor 's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor 's insurance shall apply separately to each insured against whom claim is made or suit is 361 P age brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers ' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt ested, has been given to the City. (ii) ", (6) Veri Ication 0 Covera e' Contractor shall fur . h the City with certificates of insurance and endorsements to t e policies evidencing Dverage required by this clause prior to the start of Work. The rtificate of insurance nd endorsements shall be on a form utilized by Contractor's in rer in its normal cou" e of business and shall be received and approved by the City WI in ten (IO) days ot e Notice of Award. The City reserves the right to require complete, certified copi of all required insurance policies, at any time. The Contractor shall pr ide pro that any expiring coverage has been renewed or replaced at least two (2) weeks io,; 0 the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims-Made Policies: Contractor shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers ' Compensation policy. The Contractor shall provide Performance and Payment bonds on the forms attached hereto as Exhibit "C" and with a surety licensed to do business in Georgia. Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. M Employment of Unauthoriz ed A liens Prohibited 371Page (1) E-Verify Affidavit It is the policy of City that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore , the City shall not enter into a contract for the physical performance of services within the State of Georgia unless the Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits "F " and "G" (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to OCG.A. § 16-10-71), that it and Contractor 's subcontractors have within the previous twelve (J 2) month period conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E-Verify ") program, of the social security numbers, or other identifying information now or hereafter accepted by the E-Verify program, of all employees who will perform work on the City contract to ensure that no unauthoriz ed aliens will be employed. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "F", and submitted such affidavit to City. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor 's compliance with OCG.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor 's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "G ", and sllch subcontractor affidavit shall become part of the contractor/subcontractor agreement. Further, Co ntractor agrees to provide com leted copies of Exhibit "G" to the City within five (5) business days of receipt from an}; ub ntractor. The City Manager or his/her desi ee shall be all orized to conduct an inspection of the Co ntractor 's and Co ntractor ' subcontractors' v ification process at any time to determine that the verific ion was correct a complete. The Contractor and Contractor's subcontract s shall retain all da uments and records of their respective verification process fo a period of three (3) ~ ars following completion of the Agreement. The City Mana r or his/her designe shall further be authoriz ed to conduct periodic inspections t ensure that no Cit); ontractor or Contractor's subcontractors employ unauthori-d aliens on Gity co racts. By entering into a contract with the City, the Con tracto and Contractor' subcontractors agree to cooperate with any such investigation making th r records and personnel available upon reasonable notice for inspection and uestio ng. Where a Contractor or Contractor's subcontractors are found to have emp d an unauthorized alien , the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99 -603, OCG.A. § 13-10-91 and Rule 300- 10 -1-.02. Contractor's compliance with the requirements of OCG.A. § 13-10-91 and Rule 300-10-1 -.02 shall be attested by the execution of the contractor's affidavit, attached hereto as Exhibit "F" and incorporated herein by this reference. Contractor agrees that the emp loyee number category designated below is applicable to the Contractor. 500 or more employees 100 or more employees Fewer than 1 00 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement, the Contractor will secure from the sllbcontractor(s) such subcontractor(s,) indication of the above employee number 381 P age categ01Y that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. (2) SAVE Affidavit and Secure Verifiable Document Pursuant to o.CG.A. § 50-36-1, the City must obtain a SAVE Affidavit and a secure and verifiable document evidencing the Contractor's legal status in the Country each time that Contractor obtains a public benefit, including any contract, from the City. Contractor hereby verifies that it has, prior to executing this Agreement, executed a SA VE Affidavit (to be sworn under oath under criminal penalty offalse swearing pursuant to o.CG.A. § 16-10-71), aform of which is attached hereto as Exhibit "H ", and submitted such affidavit to the City in person, electronically, or by mail. Further, Contractor verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Contractor's legal status, to the City either in person or electronically (in compliance with the Uniform Electronic Transactions Act). Contractor verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and 1mmigration Compliance Act (o.CG.A. § 50-36-1). N. Records Reports and Audits (1) Records: (a) y the Contractor in accordance with requirements pr. scribed by the City w.. respect to all matters covered by this Agreement. r:ept as otherwise aut riz ed, such records shall be maintained for a period 0 three years fi:o Wthe te that final payment is made under this Agreement. urthermore,.recdrds at are the subject of audit findings shall be retained 10r three year or ntil such audit findings have been resolved, whic ver is later. (b) s shall be supp-ted by properly executed payrolls, time records, invoices, contrac or vouc ers, or other official documentation evidencing in proper detail the atw: and propriety of the charges. All checks, payrolls, invoices, contracts, vo chers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and 1nformation: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. 0. Conflicts oflnterest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. P. Confidentialitv Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The 391 P age Contractor agrees that confidential information it receives or such reports, information, opinIOns or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthori::ed disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that the City 's disclosure of documentation is governed by Georgia 's Open Record's Act, and Contractor further acknowledges that if Contractor submits records containing trade secret information, and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 2 7 of Chapter 1 of Title 10, and the Parties shall follow the requirements ofo.CG.A. § 50-18-72(a)(34) related thereto. Q. Licenses Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, City, local boards, agencies, commissions, committees or oth regulatory bodies in order to perform the Work contracted for under this Agreement. Fur er, b ore commencing Work, Contractor, at its own expense, will obtain all licenses, perm' s or other overnmental authorizations needed to perform the Project ("Licenses "), includi but not limited any permits required by the EPA or the Georgia Environmental Protection Ivision, if any, and sh II furnish copies of such permits to the City within ten (10) days ofissu ce o Contractor furthe agrees to maintain such Licenses and comply with the terms of all su Licenses througho the term of this Agreement. All Work performed by Contractor un r this Agreement sh I be in accordance with applicable legal requirements and shall mee the standard of quali ordinarily expected of competent professionals. R. Haz ardous Waste usehold haz ardous waste and asbestos containing materials in accordance with a Iicable fi eral, state and local regulations, properly document those operations, and trans po suc hazardous waste to an appropriate landfill or disposal site. Contractor is further respo Ible for all tipping fees and all other related costs associated with such disposal of hazardous waste. All other haz ardous waste material shall be reported to the City for coordination with Us. Environmental Protection Agency or the Georgia Environmental Protection Division of the Georgia Department of Natural Resources. S. Key Personnel All of the individuals identified in Exhibit "J" are necessary for the successful prosecution of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor's Project Manager or members of the project team, as listed in Exhibit "J", without written approval of the City. Contractor recogniz es that the composition of this team was instrumental in the City's decision to award the Work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City's consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor's obligations under this Agreement and shall be grounds for termination. Contractor shall not subcontract with any third party for the performance of any portion of the Work without the prior written consent of the City. Contractor shall be solely responsible for any such subcontractors in terms of performance and compensation. T. Authoritv to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. 40 I P age U. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor ("Materials ") shall be the property of the City, and the City shall be entitled to full access and copies of all such Materials. Any such Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the Work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such Materials. If any Materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. V Meetings Section 8. A. The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the Agreement, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working days notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a goodfaith effort to resolve problems, may result in termination of the Covenants ofthe City Right of Entry The City shall provide for right Work. entry for Contractor n order for Contractor to complete the B. City 's Representative Section 9. Section 10. A. XXXXXX shall be au orized to ac f/on l e City's behalf with respect to the Work as the City's designated representativ . provided a changes to the Work or the terms of this Agreement must be approved as provided in ection above. [Intentionally Omitted] Termination Terminationfor Convenience: i. The City may terminate this Agreement for convenience at any time upon providing written notice to Contractor. ii. In the event of a termination for convenience, Contractor shall take immediate steps to terminate Work as quickly and effectively as possible and shall terminate all commitments to third-parties unless otherwise instructed by the City. iii. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, the City shall pay Contractor, in accordance with Section 5 herein, for all debris that is loaded and disposed and for other Work that is performed by 6:00 PM on the day following Contractor 's receipt of City's notice of termination. The City shall have no further liability to Contractor for such termination. Further, and at its sole discretion, the City may pay Contractor for additional value received as a result of Contractor's efforts, but in no case shall the City's total payment for the Work exceed the maximum Contract Price agreed to herein. B. Te rminationfor Cause. 411Page c. D. E. Section 11. i. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. ii. The City shall then make alternative arrangements for completion of the Project. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the per unit price charged by the replacement contractor exceeds the per unit price charged by the Contractor, as provided in this Agreement" the Contractor or its Surety will pay the difference to the City to finish the Project. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of Section lOrA) above. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. No Personal Liabilitv Nothing herein shall be construed as creating any in . idual or ersonal liability on the part of any City Party. No City Party shall be personally liable to t Contractor or ny successor in interest in the event of any default or breach by the City or for any am nt which may beco due to the Contractor or successor or on any obligation under the terms of this 1!.greement. Likewise ontractor 's performance of services under this Agreement shall not subject onfractor's individua employees, officers or directors to any personal liability. The Parties agree t -at their sole and excl ive remedy, claim, demand or suit shall be directed and/or asserted only again Contractor or the C , respectively, and not against any employee, officer, director, or elected or ap inted official. Section 12. A. B. c. D. E. Miscellaneous his Agree nt constitutes the complete agreement between the Parties and supersedes any and all 0 er a ements, either oral or in writing, between the Parties with respect to the subject matter of thl greement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties, provided that no party may assign this Agreement without prior written approval of the other party. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. If any action at law or in equity is brought to enforce or interpret the provision of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any 421 P age court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that th ey would have execu ted the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. F. Notice. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, or at a substitute address previously furnished to the other Parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: C ity of Milton 13000 Deerfield Parkway Suite 107 City Manager Milton , GA 30004 NOTICE TO CONTRACTOR shall be sent to: G. Sovereign Immunity N othing contained in this A e nt shall be construed to be a waiver of the City's sovereign immunity or any individual's ql lified go faith or official immunities. H. Force Majeure. Neither the City nor Co ractor shall be liab for their respective non-negligent or non-willful failure to perform or sh be deemed in default ith respect to the failure to perform (or cure afailure to perform) any Q their res ective dutie or obligations under this Agreement or for any delay in such perform ce due to: (i) any ause beyond their respective reasonable control; (ii) any act of God' (iii) any change in 'Plicable governmental rules or regulations rendering the performanc of any portion of thi Agreement legally impossible; (iv) earthquake, fire, explosion or flood.' v) strike 01' labor dis fe , excluding strikes or labor disputes by employees and/or agents of Co ractor; (vi) 'de lay or I1ure to act by any governmental or military authority; or (vii) any war, ho "lity, embargo, sa tage, civil disturbance , riot, insurrection or invasion. In such event, the time fa erformance all be extended by an amount of time equal to the period of delay caused by such act. Any 'dilional reasonable costs incurred by Contractor as a result of such extension may be adde he Contract Price subject to the terms of Section 6 and approval of a Change Order relating to same. All other obligations shall remain intact. I . Headings . The caption or headnote on articles or sections of this Agreement are intended for convenience and ease of reference purposes only and in no way define , limit or describe the scope or intent thereof, or of this Agreement nor in any way affect this Agreement. J Nondiscrimination . In accordance with Title VI of the Civil Rights Act, as amended, 42 US C. § 2000d, section 303 of the Age Discrimination A ct of 1975, as amended, 42 USc. § 6102 , section 202 of the Americans with Disabilities Act of 1990, 42 U Sc. § 12132, and all other provisions of Federal law , the Contractor agrees that, during performance of this Contract, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, c olor, creed, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 12(J) in every subcontract for services contemplated under this Agreement. K. Waiver. No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City 's right to demand exact and strict compliance by 431 P age the Contractor with the terms and conditions of this Agreement. L. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed under seal as of the date first above written. CONTRACTOR: ______________________ __ By Attest: ______________________________ (signature) ______________________________ (print) [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of Witness Notary Public [NOTARY SEAL] My Commission Expires: ------"L------=-:-'O'.;.--------,L- [SIGNATURES CONTINUED ON 441 P age Approved as to form: City Attorney CITY OF MILTON [CITY SEAL} SIGNED, SEALED, AND DELIVERED in the presence of Witness Notary Public [NOTARY SEAL} My Commission Expires: 451 P age EXHIBIT "A" {Insert Requestfor Proposals] EXHIBIT"B" {Insert Proposal Documents] 461 P age EXHIBIT"C" PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS THAT __________ _ CONTRACTOR, hereinafter referred to as the "Principal'), and ________ _ (as (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR 'S SURETY'), are held andfirmly bound unto the City of Milton , Georgia (as OWNER, hereinafter referred to as the "City '), for the use and benefit of any "Claimant, " as hereinafter defined, in the sum of _____________ Dollars ($ ____ -'1 , lawful money of the United States of America, for the payment of which the Principal and the Contra ctor 's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated the __ of _______ --' 20_ which is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT'), for the construction of a project known as ___________ _ (hereinafter referred to as "the PROJECT). NOW THEREFORE, the conditions of this obligation a 2. That if the Principal shallflilly and completely pe orm each an II of the terms, provisions and requirements of the Contract, including and uring the period of a warranties or guarantees required thereunder, and all modifications, am dments , changes, del IOns , additions, and alterations thereto that may hereafter be made, and if t Principal and the Co tractor's Surety shall indemnify and hold harmless liability. and da uges, claims, judgments, liens, costs and fees of every damages for delay, which the City may incur, sustain or suffer e part of the Principal in the performance of any and all of the terms, provisions and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 3. In the event of afailure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach of default of the Contract: a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) days after written notice from the City to the Contractor 's 471Page Surety; and b. The means, method or procedure by which the Contractor 's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor 's Surety hereby waives notice of any and all modifications, omissions, additions, changes and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor 's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authoriz ed officers or attorneys-in-fact, this ___ day of ,20_. CONTRACTOR ("Principal',) _---/-'----___ ~----------(signature) __ --,-~,._'____--__/_-------(print) Attest: _________ _ Title: Date: _________ _ [SIGNATURES CONTINUE ON FOLLOWING PAGE] 48 1 P age Attest: ________ (signature) ________ (print) Title: _____ _ Date: ______ _ CONTRA CTOR 'S SURETY: By. __________ (signature) ____________ (pr int) Title: ___________ (SEAL) (ATTACH SURETY'S POWER OF ATTORNEy) 491 P a g e PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT __________ (as CONTRACTOR, hereinafter referred to as the "Principal "), and __________ (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held andfirmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City "), for the use and benefit of any "Claimant, " as hereinafter defined, in the sum of Dollars ($ _____ ---1), lawful money of the United States of America,for the payment of which the Principal and the Co ntractor 's Surety bind themselves, their heirs, executors, administrators , successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated ______ ~ which is in co rporated herein by reference in its en tirety (hereinafter referred to as the "CONTRACT'), for the co ns truction of a project known as _____________ " (hereinafter referred to as "the PROJECT"). NOW THEREFORE, the co ndition of this obli at if the Principal shall promptly make payment to any Claimant, as here inafter defined,fj all labor, services a materials used or reaso nably required for use in the performance of the Co ntract, t n this obligation shal e void; otherwise to re main infullforce and effect. A "Claimant " shall be other en tity furnishing lab or, services r terials used or reasonably required for use in the performance of the Co ntract, without regard to whe th er such labor, services or materials we re so ld, leased or rented, and without regard to w hether such Claim ant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a Lien against the property of the City affected by the Co ntract, the Contractor 's Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. The Parties further express ly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. 50 I P age IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authoriz ed officers on this __ day of ,20 __ " Attest: (signature) _________ (printed) Title: ______ _ Date: _______ _ Attest: (signature) _________ (printed) Title: ______ _ Date: ______ _ CONTRACTOR: By ______________ (signature) ______________ (printed) Title : ____________ (SEAL) ONTRACTOR SUR Y: -----,,L------------(signature) /'--______________ (printed) Title: ____________ (SEAL) (ATTACH SURETY'S POWER OF ATTORNEY) 51 1P age EXHIBIT"D" NONCOLLUSION AFFIDA VIT OF PRIME PROPOSER STATE OF GEORGIA City of Milton ___________________ , beingfirst duly sworn, d eposes and says that: (1) He is (Owner , Partner, Officer, Representative, or Agent) of XXXXXXXXIT (the "Proposer ") that has submitted the attached Proposal; (2) He is fully informed respecting their preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; (3) Such Proposal is genuine and is not a collusive of sham Proposal; (4) Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Proposer, firm or person to submit a collusive or sham Proposal in connection with the Contract for which the attached Proposal has been submitted to or refrain from proposing in connection with such Contract, or has in any collusion or communication or conference with any other Proposer, firm or person to fix the price or prices in the attached Proposal or of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Propo I e fair an proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement n the rt of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, i eluding this a (6) Proposer has not directly or indirectly v' fated o.CC.A. § 36--21 (d). Signature of A uthori::e d Officer or Agen SUBSCRIBED A N D SWORN TO BEFO THIS DA Y OF , 20_ N otary Public (SEAL) My Commission Expires ______ _ Date 52 1 P age EXHIBIT"E" FINAL AFFIDA VIT TO CITY OF MILTON, GEORGIA I, , hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by ~ or any of its subcontractors in connection with the construction of the XXXXXXXXX for the City have been paid and satisfied in full as of ' 2o __ , and that there are no outstanding obligations or claims of any kind for the payment of which the City on the above named project might be liable, or subject to , in any lawful proceeding at law or in equity. Signature Tit le Personally appeared before me this __ day of , 2o __ . , who under oath deposes and says that he is of the firm of XXXXXXXXX that he has read the above statement and that to the best of his knowledge and belief sa is an exact true statement. [NOTARY SEALl My Com mi IOn Expires 53 1 P age EXHIBIT"F" STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDA VIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with OCG.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in OCG.A. § 13 -/0-91. Furthermore, the undersigned contractor will continue to use the federal work authori=atio n program throughout the contract period, and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by OCG.A. § 13-10-91 (b), aform of which is attached hereto as Exhibit "G". Contractor hereby attests that its federal work authoriz ation user identification number and date of authorization are asfollows. Federal Work Authorization User Identification Number Date of Authorization Name of Contractor Name of Project Name of Public Employer I hereby declare under penalty Executed on ~~~~~~_ ~~-',;-~----.,T-in ______ (city), ______ (state). Signature of A uthorized Officer or Agent Printed Name and Title of Authori=ed Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 201 Notary Public [NOTARY SEAL] My Commission Expires: 541 P age EXHIBIT"G" STATE OF GEORGIA CITY OF MILTON SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with 0. C G.A. § 13 -10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of contractor) on behalf of the City has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, , in accordance with the applicable provisions and deadlines established in o.CG.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by 0. C. G.A . § 13 -10-91 (b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five business days of receipt. if the undersigned subcontractor receives notice that a sub- subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are asfollows: Federal Work Authorization User identification Number Date of Authoriz ation Name of Subcontractor Name of Project Name of Public Employer I hereby declare under penalty of erjury that the foregoi g is true and correct. Executed on _____ _ , 201 __ in ----7'<------(city), ______ (state). Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ____ DAY OF _____ , 201 __ . Notary Public [NOTARY SEAL} My Commission Expires: 551 P age EXHIBIT "H" SA VE Affidavit By executing this affidavit under oath, and as an applicant for a city c ontrac t, a public benefit, as referenced in o.C G.A. § 50-36-1, from the City of Milton , the undersigned applicant, acting on behalf of ________ ----', verifies one of the following with respect to my application for a public benefit: 1) __ _ I am a United States citiz en. 2) __ _ I am a legal permanent resident of the United States. 3) __ _ I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is: _________ _ The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided a copy of at least one secure and verifiable document to the City, as required by o.CG.A. § 50-36-1 (e)(I), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: In making the above representation under oath, I understand tha y person who knowingly and willfully makes a false , fictitious, or fraudulent statement or representation in a affid it shall be guilty of a violation of o.CG.A . § 16-10-20, andface criminal penalties as allowed by such cr inal statut . Executed in ________ (city), ___ +-____ (state). SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DA YOF ,20 __ N OTARY PUBLIC My Commission Expires: Signature Applicant 561 P age EXHIBIT "I" [File No. 2009CV164310 issued by the Fulton County Superior Court] CITY or 1\-{H,TO:--l, Gl::iOlWJA, ~ politlc ~ I Rubcli vi ~ i{1n of tito'} STATb OF ('rEf)RCT/\, l'lair:t:lT. V~. ) ) ) ) ) ) ) ) JU STIN ADAJvIS aud f!,·fft>Nm ~j)lJ (JlUiliN. ) Order d!l.tc d l\o4lrcll. 24, 1010, i til'. ) ) ORDER CIVIL A CT [f'JK I-H';IHiBY ORDERl<:l1 ;lllct AnmOG-ED nt ~.t pW'3U31lt ro t il;: \.fillUJI , (jwr~. CQric nf 211J(a), .I UI{[ill Adfrm~ 14 ~2 1) C()~hLlm :Wad \H1um , (It:mBi~ 30004 Minnie Lou (h"t:~.n H?:W COginll'll R n~d 1Ylil!uu, (kOl'gia 3(1004 57 1 P age EXHIBIT"J" KEY PERSONNEL {Insert Key Personnel] KEY PERSONNEL The following individuals are designated as Key Personnel under this Agreement and as such are necessary for the successful prosecution of the Work: Individual Position /~ / ~ > / \ / / ,~~ / \ .\ / V END SAMPLE CONTRACT 581 P age ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 13-CDOI Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, GA 30004 Phone: 678-242-2511 Fax: 678-242-2499 Email: rick.pearce@ cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANYNAME: ______________________________ __ CONTACTPERSON: ______________________________ _ ADDRESS: ____________________________________ __ CITY: _______ STATE: _________ ZIP: ________ __ PHONE: _________ FAX: _________________ _ EMAILADDRESS: ______________________________ __ Signature ADDENDUM #1 RFPI3-CDOI Date II Page ADDENDUM #1 RFP 13-CD01 To adequately respond to the questions that were raised during the proposal period the city is going to extend the RFP due date . On or about May 22 , 2013 the city will issue a second addendum with responses to all questions that were received prior to the end of the question period on May 13 ,2013 as well as the revised schedule . 21 Page RFPI3-CDOl ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #2 RFP 13-CDOI Upon receipt of documents, please email, fax or mail this page to : City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, GA 30004 Phone: 678-242-2511 Fax: 678-242-2499 Email: rick.pearce@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME : ________________ _ CONTACTPERSON: ________________ __ ADDRESS: __________________ ___ CITY: _______ STATE: _____ ZIP: ____ _ PHONE: __________________ FAX: __________________ _ EMAIL ADDRESS: ________________ _ Signature ADDENDUM #2 RFP13-CDOI Date 1 I P age Item #1 ADDENDUM #2 RFP l3-CDOl The evaluation criteria provided in the RFP is deleted and replaced with the following: 1. All required infonnation provided (pass/fail) 2. Price (maximum of25 points) 3. Business History (maximum of 5 points) 4. Experience (with d ebris removal generally) (maximum of 25 points) 5 . Experience Handling Hazardous Waste (maximum of 10 points) 6. References (maximum of 10 points) 7. Ability to Access the Necessary Equipment (maximum of25 points) Item #2 An alternate line item is added to Item C.l Asbestos Material to bill unit rates by cubic yard. A revised Unit Price Sheet is attached. Note: The submittal requirements ofItem E to provide additional information on the firm's qualification to perform this work are still required as defined in the RFP and are not modified by this addendum . Item #3 At the contractor's option, debris may be hauled to the Waste Management facilities according to the following schedule: Chadwicks Landfill 13700 Chadwick Farm Blvd. Milton , GA 30075 Items A.l -Tipping fee $19.50 per ton or $100 per load for vegetative material less than 12" in diameter Items A.2 , A.5 and A .6 -Tipping fee $19.50 per ton (All items in A.6 shall be separated prior to delivery) Item C .l -Tipping fee $25 per cy (based on container size) Pine Bluff 13809 East Cherokee Drive Ball Ground, GA 30107 Items A .3 and A.4 -Tipping fee $19 .50 per ton RFPJ3-CDOJ 2 1Page Item #4 The Schedule of Events is amended per the attachment. 31 Page RFP13-CDOl A. Removal of all outside debris: When collectin g debris, the contractor shall sort all debris encountered on the subject property into a ppropriat e pay categories. Item # Description Unit Unit Price A .I Vegetative Waste tons (trees, stumps, plant materials, etc.) A.2 Inert, Construction & Demolition D ebris tons A.3 Household Waste lb AA Household Hazardous W ast e lb (paint, tv's, oil, gas, computers, printers, etc.) A .5 R ecyclable Materials lb (paper, scrap metals , plastics, g lass, cardboard, etc.) A .6 White Goods tons (refrigerators, stoves, other appliances, etc .) B . Removal of Vehicles (including Boats): Item # Description Unit Unit Price B .I Automobile ea B .2 Boat ea B .3 RV/Camper ea B.4 Construction Equipment ea B .5 Other Motorized Vehicle ea C. Quote for Contractor Costs for Abatement of Asbestos : Item # Description Unit Unit Price C.I Asbestos Material lb C.IA Asbestos Material cy D. Site Stabilization: Item # Description Unit Unit Price D.l Grassing, includes ground preparation, fertilizer and mulch sf 41 Page RFPI3-CDOI SCHEDULE OF EVENTS FOR REFERENCE ONLY -DO NOT SUBMIT WITH PROPOSAL RESPONSE Event: Release ofRFP Mandatory Pre-Proposal Meeting and Site Inspection Location : City Hall Council Chambers 13000 Deerfield Parkway, Suite 107E Milton, Georgia 30004 Deadline for Written Questions *Submit via E -Mail to Rick Pearce of Purchasing Office at rick.pearce@cityofmiltonga.us City of Milton Addendum (on or about) Date: 4/22/2013 5/9/2013 @ 10 :00AM 6/5/2013 @ 5:00 PM 6/7 /2013 (Official answers to questions and potential changes to RFP. Addendum will be posted at the same web locations as the RFP) Proposals due Proposals are due to : 6/13/2013 @ 2:00PM City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite-107G Milton, Ga. 30004 Tentative Contract Award (On/about) 7 /15 /2013 Notice to Proceed Issued (On/about) 7116 12013 51 Page RFPI3-CDOI Questions and Answers 1. Is this an ongoing requirement or is this a site that was used as an illegal dump and has to be cleaned up? This is a single action being taken to bring the property into compliance with the zoning ordinance in accordance with Fulton County File No. 2009CV164310 issued by the Fulton County Superior Court. 2. What is a performance bond? A bond posted by the contractor to ensure performance of the contract specifications. In the event the contractor fails to perform the city may use this bond to complete the work. 3. What is the pay schedule can we get draws on our money if the job last over 2-3 weeks or are we paid up front with a portion held back until the job is completed? Payment will be made in accordance with Section 5 of the sample contract provided in the RFP documents . 4 . What access to property are we to use? Old Cogburn Road will be made available . 5. We need the name and address and phone number of the impound yard were the boat camper and equipment will be stored? It is the responsibility of the contractor to find a suitable storage location. 6. If the owner claims any of the items stored at the impound lot are they responsible for the fees? Yes. 7. Inert landfills do not weigh the loads can we bid inert loads by the load instead of by the ton? No . Waste Management facilities are available using the specified rates provided in this addenda. 9. Will the bull dozer be taken to the impound lot? Yes . 10 . Does the performance and the Bid Bond need to be sent in with bid or can it be sent in once the Bid has been accepted by the City? 61 Page RFPJ3-CDOI The bid bond must be submitted with the bid. The performance bond is part of the contract and will be submitted by the contractor selected by the city to perform the work, it is not submitted with the bid. Please refer to the proposal instructions on Page 4 for the list of items that must be submitted with the proposal and the Bonding Requirements on Page 8. 11. In the papers it has a dollar amount to be included with the Bonds as well and nothing was mentioned about these Bond cost in the meeting on May 9 th , can that be included after the bid has been accepted? The bid bond must be submitted with the proposal. Please refer to the proposal instructions on Page 4 for the list of items that must be submitted and the Bonding Requirements on Page 8 . 12 . How long will bidder have to store items? Ifreleased, will bidder have to delivery items back to site? 45 days. Refer to Section B .7 of the Project Specifications. If released the property owner will be responsible for securing pick-up or delivery of the items at the owners expense. 13. Some items are fragile. Will bidder be held responsible if items are damaged? The contractor is only responsible for those items that are required to be stored under this contract. The city anticipates that all vehicles under the unit price line item B.1 thru B.5 and some items that have the potential for reuse under A.2 will need to be stored. Examples of materials that may need to be stored under A.2 would be those materials that are clean and/or would have the potential to be reused (rock and sand that is uncontaminated and could be reused, fencing, metal staircase, clean blocks, etc .. .) Additional materials may be required to be stored as determined by the City during the clean -up . 14 . Ifmore items are delivered to site once bid is made will initial bid price be increased also? This is a unit price contract. The contractor will be paid for all materials removed from the site in accordance with the unit prices provided. 15. Will the city assist with finding a place for storage or is this task left solely up to bidder? It is the responsibility of the contractor. 16 . Will there be another day to view site? If so, will someone be available to inform prospective bidder exactly which items stay/go and which items need to be stored? No . Aerial photos taken in December 2012 were provided in the RFP. 71 Page RFPI3-CDOI 17 . To what degree will the property need to be cleared (i .e ., will it need to be completely leveled)? No additional clearing will be involved. The only actions taken under this contract will be those necessary to remove materials that are not authoriz ed to be stored on the property outside of any storage buildings. Minor clearing or grading to access those materials may be necessary but that work is considered incidental to the work and should be included in the unit prices. Stabilization of all areas identified by the city will be reimbursed at the unit rate provided in the contract. 18 . Will someone take inventory of all items on property or will the person who is awarded the bid be responsible for taking inventory? The contractor is responsible for inventorying only those items that must be stored for 45 days . 19 . When bid is awarded and work begins, will contractor be required to remove equipment from site each day or will permission be granted for contractor to leave equipment on property until job is complete? All equipment, except for dumpsters, shall be removed from the property at the end of each day. The contractor is responsible for securing an appropriate location to secure the equipment. The city will make our Public Works yard available located on the north side of the city behind Fire Station #43 on Hickory Flat Road. 20. Who will be responsible for securing contractor's equipment on property? The contractor will be responsible for the security of their equipment at all times. 21. Will contractor be able to obtain a start up fee or draw money before project begins? No. 81 Pagc RFP13-CDOI ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #3 RFP 13 -CDOI Upon receipt of documents, please email, fa x or mail this page to : City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, GA 30004 Phone: 678-242 -2511 Fax: 678 -242 -2499 Email: rick.pearce@ cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME : ________________ _ CONTACTPERSON : _______________ __ ADDRESS: ____________________ __ CITY: _______ STATE : _______ ZIP: ____ _ PHONE: _________ FAX: _________ __ EMAIL ADDRESS : ________________ _ Signature ADDENDUM #3 RFP13-CDOI Date II Page Item #1 Section B.7. Storage of Personal Property of the RFP is amended to delete the 45 day storage period and replace it with a 90 day storage period. Questions and Answers I. Is it possible to have itemized what the City needs stored? No . Due to the nature of the project and the conditions on the site it is not possible for the city to identify everything under Item A .2 that will need to be stored. In addendum #2 the city attempted to identify some of the items that have been seen on the site that would require storage (rock and sand that is uncontaminated and could be reused, fencing, metal staircase, clean blocks, etc .. .). This list is not all inclusive and these items may or may not be on the site at the time this action is initiated by the city. In determining whether any item in category A .2 is to be stored or disposed of immediately the city shall try to determine if the item has any reasonable salvage or reuse value. If, in the opinion o/the city, the item does have a reasonable salvage or reuse value then that item shall be documented and stored in accordance with the RFP. To assist in this an additional line item (Item A .2.A) has been added that will allow a unit price per loadfor those items in Category A .2 that will be required to be stored. The unit price sheet from Addendum #2 is deleted and replaced with the attached unit price sheet that includes a new Item A .2 .A . All items in B .1 thru B.5 are required to be stored as previously specified in Addendum #2. 2. On page 7 of Addendum 2, question 13 . You spoke about items being stored such as items under A.2 , such as the clean rock and sand etc; or whatever else is determined by the City. How can we as bidders determined a reasonable cost? See the response to question #1 . 2 1Page RFP13-CDOl ADDENDUM #3 RFP 13-CDOl A . Removal of all outside debris: When collecting debris, the contractor shall sort all debris encountered on the subj ect property into appropriate pay categories. Item # Description Unit Unit Price A .I Vegetative Waste tons (trees, stumps, plant materials, etc.) A .2 Inert, Construction & Demolition Debris tons A .2 .A Inert, Construction & Demolition Debris that is load Required to be Stored Prior to Disposal A.3 Household Waste lb A.4 Household Hazardous Waste lb (paint, tv 's, oil, gas, computers, printers, etc .) A.5 Recyclable Materials lb (paper, scrap metals, plastics, glass, cardboard, etc .) A.6 White Goods tons (refrigerators, stoves, other appliances, etc.) B. Removal of Vehicles (including Boats): Item # Description Unit Unit Price B.I Automobile ea B.2 Boat ea B.3 RV/Camper ea B.4 Construction Equipment ea B.5 Other Motorized Vehicle ea C. Quote for Contractor Costs for Abatement of Asbestos: Item # Description Unit Unit Price C.l Asbestos Material lb C .IA Asbestos Material cy D. Site Stabilization : Item # Description Unit Unit Price 0.1 Grassing, includes ground preparation, fertilizer and mulch sf 3 1Page RFPI3-CDOl ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #4 RFP 13-CDOI Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, GA 30004 Phone: 678-242-2511 Fax: 678-242-2499 Email: rick.pearce@ cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANYNAME: ______________________________ __ CONTACTPERSON: ______________________________ _ ADDRESS: ______________________________________ _ CITY: _____________ STATE: _________ ZIP: ________ __ PHONE: _________________ FAX: __________________ __ EMAIL ADDRESS: ______________________________ __ Signature ADDENDUM #2 RFPI3-CDOl Addendum #4 Date II Page ADDENDUM #4 RFP 13-CD01 Please complete the attached revised price sheet and return by August 20 th, 2013 to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, Ga. 30004 Update and process/price change : In order to simplify the process and minimize the amount of time and effort we are spending on the site, we have modified the process for RFP 13 -CDOl. There will no longer be a need for the contractor to store any materials. All materials that are deemed in violation will be disposed of by the contractor at the time the contract is executed. If you chose to use Chadwicks landfill, the rates provided will be applicable or the contractor may dispose of the materials in any legal manner. The vehicles, boats and equipment listed as items B.I-B .5 will be taken by the contractor to our public works yard where they will be disposed of by the city. The public works yard is located behind Fire Station #43 at 750 Hickory Flat Road. The property owner currently has 90 days to bring the site into compliance or the city will do so in accordance with the court order. Because of this process change, we are asking for a new submittal regarding price, all evaluation percentages remain the same. Schedule for the project to begin is on or about November lst, 2013 Deadline for questions regarding Addendum #2 will be at 5:00PM on August 13th, 2013 . Questions should be submitted in writing via e-mail to : rick. pearce @ cityofmiltonga.us Answers will be emailed on or about August 15th, 2013 2 1Page RFPI3-CDOI Addendum #4 Please fill out and return the following revised price sheet to Rick Pearce by August 20t \ 2013 A . Removal of all outside debris: There is no requirement on behalf of the city to sort or store any materiaL All material identified by the city will be removed by the contractor and disposed of at the contractor's discretion. At the contractor's option, debris may be hauled to the Waste .I\I1anagement facilities according to the following schedule: Chadwicks Landfill 13700 Chadwick Fann Blvd. Milton, GA 30075 Items A .1 -Tipping fee $19 .50 per ton or $100 per load for vegetative material less than 12" in diameter Item C.1 -Tipping fee $25 per cy (based on container size) Item # Description Unit Unit Price Vegetative Waste A.1 (trees, StllIn~S, etc. greater than 12" not accepted load at Chadwic s) A .2 All other site debris ton B. Removal of Vehicles (including Boats): All equipment will be hauled to the City of Milton Public Works Yard located behind Fire Station #43 on Hickory Flat Road. Item Description Unit Unit Price # B.1 Automobile ea B.2 Boat ea B .3 RV/Camper ea 31 Page RFPI3-CDOI Addendum #4 BA Construction Equipment ea B .5 Other Motorized Vehicle ea C. Quote for Contractor Costs for Abatement of Asbestos: Item # Description Unit Unit Price C.l As bestos Material cy D. Site Stabilization: Item # Description Unit Unit Price D.1 Permanent Grassing, includes ground preparation, fertilizer and mulch sf PROPOSAL PRICE CERTIFICATION The undersigned offers and agrees that if this Proposal (13-CDOl) is accepted by the City Council within ninety (90) days of August 20th, 2013 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 Proposal Schedule. COMPANY ------------------------------------------------------------ ADDRESS ------------------------------------------------------------- AUTHORIZEDSIGNATURE ______________________________________ __ PRINT NAME ----------------------------------------------------------- 41 Page RFP13-CDOI Addendum #4 EXHIBIT "B" BID FROM CONTRACTOR Proposal Number: Project Name: CITY OF MILTON REQUEST FOR PROPOSAL~ (THIS IS NOT AN ORDER) . . 13-CDOI DEBRIS REMOVAL FROM PRIVATE PROPERTY Due Date and Time: May 21, 2013 Number of Pages: 58 Local Time: 2:00pm ISSUING DEP ARTIvlENT INFORMATION Issue Date: April 22, 2013 City of Milton Public Works Department Phone: 678 -242 -2 500 13000 Deerfield Pkwy, Suite 107G Fax: 678-242-2499 Milton, Ga. 30004 Website: www.cityofmiltonga.us INSTRUCTIONS TO PROPOSERS Return Submittal to: Mark Face of EnvelopelPackage: Proposal Number: 13-CD01 City of Milton Name of Company or Firm Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Special Instructions: Suite 107G Deadline for Written Questions Milton, GA. 30004 May 13,2013 Email questions to Rick Pearce at rick.pearce@cityofmiltonga.us IMPORTANT: $EE STANDARD TERMS AND CONDITIONS . .~, ~:. ~ "c,'',:: .. ,'; '.":':: .. -' .. ;:', :.:'~' ~' PROPOSERS MUST COMPLETE THE FOLLOWING -,. :" . - Proposer Name/ Address: Wrizect Prop~J(t;~r~ry: /fUP 'D!/CIS/I1'~ I J.N~. £.Mo. . Po &?X 37Z'1 a .1:::.-. /I1Q nk'S.p. ProJ t' C 1-/Heul#ifr. ·s ""W~" ~ ~ CA.-3i>c>Zt:( (Please print name and sign in Ink Proposer PhO?Number: -J7d q 5 l>t.?DO Proposer FAX Number: '9' "?7 D 91/5 -/// pr5~e: Ft~e31Ie 'l)}mber: ~r E-mail Acttess: e. ~ at i4"d e N. SM.tJ I~ 'AiC. Co) ~ PROPOSERS MlJST RETURN TillS COVER SHEET WITH PROPOSAL RESPONSE . IIPage Proposal Submittal Form DEBRIS REMOVAL FROM PRIVATE PROPERTY [PROPOSERS MUST RETURN THESE SHEETS WITH PROPOSAL RESPONSE] The Proposer has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination ofthe Site of the proposed Work (as specified in this RFP and File No. 2009CV16431 0 issued by the Fulton County Superior Court and enclosed herewith as Exhibit I to the Sample Contract. No unauthorized site visits are permitted.), and having satisfied itself/himself/herself of the expense and difficulties attending performance of the Work, and hereby proposes and agrees that ifhis proposal is accepted , he will contract with the City of Milton in full conformance with the Contract Documents . It is the intent of this Proposal 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 remove the items listed in the attached Proposal schedule for the unit prices stated. The Proposer 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 proposed for the various items scheduled. Hereby proposes and agrees, if this proposal for the above named project is accepted , to enter into a contract to perform all Work necessary to the successful completion of the contract and to supply all required submittals as indicated or specified in the RFP and the proposal documents to be performed or furnished by proposer for a maximum contract price not to exceed seventy-five thousand dollars ($75 ,000.000). It is understood that the actual compensation amount will be determined based upon the unit prices provided below, but the parties agree that the total Contract Price will not exceed the amount provided above . Any amount paid in excess of the not to exceed Contract Price above must be agreed to in writing by the Parties prior to being incurred. [UNIT PRICES ON THE FOLLOWING PAGE] 91Page ADDENDA ACKNOWLEDGEMENT [PROPOSERS MUST RETURN THIS SHEET WITH PROPOSAL RESPONSE] Proposer acknowledges receipt of the following addenda: Addendum No. Date viewed "IF/ Proposer further declares that the full name and resident address of Proposer's Principal is as follows: Proposer Mailing Address: '70.Box. 37~q Signed, sealed, and dated this __ I_~_~ __ day of 0 ~<.. I ~ 0 13 Proposer Alw-. ~SO\P~I InG. (Seal) Company Name 12 1Page ADDENDUM #3 RFP 13-CDOl A . Removal of all outside debris: When collecting debris, the contractor shall sort all debris encountered on the subject property into appropriate pay categories. Item # Description Unit Unit Price A .I Vegetative Waste tons 13ro.~ (trees, stumps, plant materials, etc .) A .2 Inert, Construction & Demolition Debris tons +zoo.~ A.2.A Inert, Construction & Demolition Debris that is load 00 Required to be Stored Prior to Disposal ~Z2C>C>·- A.3 Household Waste Ib f;. (>0 Z.- A.4 Household Hazardous Waste Ib -1Zt/. ~ (paint, tv's, oil, gas, computers, printers, etc .) A .S Recyclable Materials lb 1~'~ (paper, scrap metals, plastics, glass, cardboard, etc.) A.6 White Goods t!IO (refrigerators, stoves, other appliances, etc.) tons ; 3DD.- B. Removal of Vehicles (including Boats): Item # Description Unit Unit Price B.I Automobile ea ';/~t>D B.2 Boat ea .!j /50D B.3 RV/Camper ea .;, /500 B.4 Construction Equipment ea 1 JStJD B.S Other Motorized Vehicle ea I~ /OOD C. Quote for Contractor Costs for Abatement of Asbestos: Item # Description Unit Unit Price C .I Asbestos Material lb t IIC>.~ C.IA Asbestos Material cy "/tc>.~ D. Site Stabilization: Item # Description Unit Unit Price 0 .1 Grassing, includes ground preparation, fertilizer and mulch sf p ,to 5 RFP1.~-CDOI BID BOND CITY OF MILTON, GEORGIA WROPOSERS MUST RETURN THIS SHEET WITH PROPOSAL RESPONSE] Attached hereto is an executed Bid Bond ----------~------~--------~--~~~ ________ in the amount of three thousand seven hundred fifty Dollars ($ 3,750) (Five Percent of maximum Contract Price). If this bid shall be accepted by the City of Milton 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 ulrnish 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 Milton 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 shall be forfeited to the City of Milton as liquidated damages. PROPOSER (Name and Address): Alan Densmore, Inc. PO Box 3729, Suwanee, GA 30024 SURETY (Name and Address of Principal Place of Business): FCCI Insurance Group, 6300 University Pkwy, Sarasota, FL 34240 OWNER (hereinatler referred to as the "City") (Name and Address): BID City of Milton , Georgia A TIN: Purchasing Office 13000 Deerfield Parkway, Suite 107G Milton, Georgia 30004 BID DUE DATE : -.......::.0..::..6----=..:13=----=2:....:0:..::;1..::.3 ____ _ PROJECT (Brief Description Including Location): Debris removal from private property BOND BOND NUMBER: ____________ _ DATE (Not later than Bid due date): 06-13-2013 PENAL SUM : Three Thousand Seven Hundred Fifty Dollars ($3,750) (Words) (Figures) IN WITNESS WHEREOF , Surety and Proposer, int ending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed 011 its behalf by its authorized officer, agent or representative. PROPOSER SURETY ...... - Signature and Title : Signature and Title: Att'~O~,O.~ Signature and Tl Ie : (Att"h IT Attorn,y) Attest: {)kJ)\..L Signature and Title: O.~ Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Proposer , Surety, the City or any other party shall be considered plural where applicable. 1. Proposer and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Proposer the penal sum set forth on the face of this Bond . 2. Default of Proposer shall occur upon the failure of Proposer to deliver within the time required by the Proposal Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Proposal Documents and any Performance and Payment Bonds required by the Proposal Documents . 3 . This obligation shall be null and void if: 3.1 The City accepts Proposer's Bid and Proposer delivers within the time required by the Proposal Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Proposal Documents and any Performance and Payment Bonds required by the Proposal Documents; or 3.2 All Proposals are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Proposer within the time specified in the Proposal Documents (or any extension of that time agreed to in writing by Proposer and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Proposer within 30 calendar days after receipt by Proposer and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Proposer, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Proposal due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Proposer and Surety or later than one year after Bid due date. 7 . Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 8. Notices required hereunder shall be in writing and sent to Proposer and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal 14 1Page delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on beh a lf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10 . This Bond is intended to conform to all applicable statutory requirements . Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern, and the remainder of this Bond that is not in conflict therewith shall continue in fu II force and effect. 11 . The term "Bid" as used herein includes a Bid , offer or proposal , as applicable under the particular circumstances . 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. I5 1Page r- I· I I I I l " I I I 1 I f I ! i I I I ! i ----'---:-,, -,-71 10"OQl49S : I I F' • 'C' ,C I f IN,SURANC£ ," .:' 'GROUP PROTECTING B USINESS, PROPERTY AND PEOPLE GENERAL POWER OF A TIORNEY < Know all men by these presents: That the FCCllnsurance Company, a Corporation organized and existing un der the laws of the State of Florida (the "Corporation ") does make, constitute and appoint: Keith H. Dillon; Brent H. Dillon ; Daphne D, Gaines , ~>, -: > ::: -" , . "Each, its tru~ and laWful Attorn~y-In-Fact,to make , execute, seal and deliver, for ~nd on its behalf as surety , and as its act and deed in all bonds and undertakings provided that no bond or undertaking or contract of suretyship executed under this ctuthority shall exceed the sum of (not to exceed $2 ,500,000): :: $2,500,000.00 This Power of Attomey is made and executed by authority of a Resolution adopted by the Board of Directors . That resolution al~o authorized any further action by the officers of the Compan,y necessary to effect suc~ ,transaction . In Witness whereof, 1heFCCllnsurance Company has caused these presen s to be signed by its duly authorized officers and'its corporate Seal to be hereunto affixed, this 22 ND day of Se tember , ~ , State of Floiida County of Sarasota State ,of Florida County of Sarasota .. ···'i~~ic~····, . ... ·~'i>~ .. :····· .... ~o·· ... ;' ,.."'/ o~po~.> ":~.'. :O:Ci .f.'.:~: lfi! SEAL ':~~ \ \. ,c, 1994 ..: j -'. . ... ZOA\\)~'" .: ••...•..• :.:::::: ... ':::: ..... .... s A. Koval Esq .,:SVP , Ge and Corporate Secretary FCCI Insurance Company Notary Public Before me this day personally appeared Thomas ,A Koval , executed the foregoing document for the purposes expressed therein . Esq., who is personally known to me a nd who My commission expires: 9/25/2012 . ARLENE CUEMAN Notary Pl.t)11C . ~ta Of FIor1da My Comm. Expite$ Sept 26, 2012 No.~122 CERTIFICA TE Notary Public I j ! I I : \, the undersigned Secretary of FCCllnsurance Company, a Florida Corporation , DO HEREBY CER1Jf-'{~~!l t the ! foregoing Power of~ttomey remains in full force and has not been revoked ; and furthermore that the F ~~>~r~~J,:~D {(". , ! ResolutiOn of the Board of Directors , referenced in said Power of Attorney, is now irY9Jc, e. ",'-.'-J" ...... ---...... "". I 1 // ",' "'./ " --', --;.. i Dated th is day of It !:2:.;;.-",:?-.... Jo }1 \ I E ~'~: .:: .'-.~~ ~ ~ .~. -~ I -E:.2. i3::' i ~} ~ ]1 ~9r~ry -Y~/ ~ I -:.~ -:~":--", ___ "",....--""..r .... ::; ! '<_¥.:_~w .>",-.1 i 1-IONA.3592.NA-04 . 9/11 ~~e.~lTIV!"81(,tl( • a '{," j '----- J)ocuGarrj #04546 contains a security P,311!ograPh, blue background, heat·sensitive ink. coin-reactive watermark, and mic(otextprinting on bpr,iJ:,:e-..r. ___ ·._'r_"~"._,,_o~_<o __ ..--.l E. Additional Information Required on Your Own Form (Refer to the Evaluation Criteria for Additional Detail) 1. Business History 2. Summary of Qualifications 3. Past Projects 4. Environmental Requirements 5. Solid & Hazardous Waste 6 . Equipment Note : Contractor is responsible to pay tipping fees at point of disposal. In compliance with the attached Specification , the undersigned offers and agrees that if this Proposal is accepted , by the City Council within One Hundred and Twenty (120) days of the date of Proposal 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 Proposal Schedule. COMPANY /11&# Jk.~~A1IJie, lV(!. ADDRESS P.O. l3'e>IL 37~~'? . .rkc.-r. AUTHORIZED SIGNATURE ~~~/'!1l!l t" PR~T /TYP ENAME __ ~f1~l~~~~=-~=~~_o_~_~ ____________________________ _ TITLE __ -,-n-,-y-=tt;=",-,,~,--=-.:....:....:.. ________ _ IllPage ITEM 1 & 2 Alan Densmore, Inc. is a full service site contractor. We have been in business since 1983. We hold a General Contractors License and an Underground Utility Contractors License. Our staff consists of one project manager with experience from State Parks to Airports . General Contractor License #RLC0001166 (Alan Densmore Inc.) Underground Utility Contractor License #UC300941 (Alan Densmore Inc .) Utility Manager License #UM001520 (George Edward Mathis Jr.) Utility Foreman License #UF204387 (Jeffrey Willie Phillips) Alan Densmore, Inc. has been a prime contractor on a Federal Government job and has been a subcontractor on several state and local jobs . We have been the prime on several municipal jobs. References are listed below: Project Duluth City Hall Masonic Building Gwinnett Community Bank 3156 Main Street Duluth Parking Area Gwinnett Arena 3250 Hardy Street Hapeville Charter School Cash & Sons Frankie Lane Holcomb Bridge Repairs Bunten Park Erosion Stone Mountain Park Stone Mountain Laser Allenbrook House Arabia Mountain High Sch First Congregational Church Assurant, Inc Emory Yerkes/OFF Childrens Healthcare Clayton State Police Shed Hwy 140 Canton Dekalb Academy Atlanta School for the Deaf GBI Bunker Stone Mtn Geyser Towers Cox Hall Interceptor Atlanta Technology Pleasant Hill Rd Indian Trail Rd McGinnis Ferry Rd Bridge Page 2 of 2 For Customer Mathias Corporation City of Duluth Mathias Corporation City of Duluth City of Duluth Mathias Corporation City of Duluth Lusk & Company City of Duluth Duluth Public Works City of Norcross City of Duluth Mathias Corporation Mathias Corporation Lusk & Company Stewart Bros ., Inc. Lusk & Company DPR Construction DPR Construction DPR Construction , Inc. Stewart Bros., Inc. City of Duluth C & K1City of Canton Lusk & Company Lusk & Company Sebring Construction Co Mathias Corporation Mathias Corporation Lusk & Company CW Matthews CW Matthews CW Matthews Completelln Progress Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Kroger Fuel Center Alpharetta D. R. Mozeley Robins AFB Test Sl ing PR IME / USAF ATS Addition KBD Group, Inc The Standard Catamount Constructors The Bluffs Unit 2 Nichols-Neal Const. Alpharetta FUMC Genoa Construction St. Monica Catholic Add . Lusk & Co. Yerkes Field Center/Parking Genoa Construction Krog St. Market Structor Group Main St. abatement & demo PRIME/ City of Duluth Complete Complete Complete In Progress Complete In Progress In Progress In Progress In Progress Completed Item #3 Past Projects-Demolitions I Abatement & Debris removal Alan Densmore, Inc . has been actively involved with several municipalities Regarding to demolition & abatement. Listed below are recent projects in the City of Duluth, Ga.: 04/20113757 Hwy 120 Demo Police Shed 07/2012 West Lawrenceville St. & Hwy 120 Abatement & demo buildings 9000 sf 08/2012 Demolition of burned structure 2970 Ennfield Lane 03/2113 Demolition & abatement 3363 Hwy 23 04/2013 Demolition & abatement 3416 Peachtree Rd . 04/2013 Demolition & abatement 3020 Railroad St . City of Duluth : Melissa Muscato-city engineer 678-957 -7284 11/2011 Demo & abatement N. Druid Hills Rd @ N. DeKalb Mall Decatur, Ga(Zaxby's) 11/2012 Demolition 1152 S. Hairston Rd. Stone Mt., Ga LCM Inc. Michael Lassater -civil engineer 404 -434-0900 Item #4 Environmental Requirements The supervisors and foremen of Alan Densmore, Inc . are trained and hold a current LevellA certification from the Georgia Soil and Water Conservation Commission. This certification is required for all land disturbance activities. Each supervisor and foremen also hold a current OSHA "competent person" certification card and are trained in first aid & CPR. Item #5 Solid & Hazardous Waste Solid waste cleanup will be handled "in house" with the help of Republic Services Special Waste Department. The special waste adviser will direct the final disposition of waste items listed in the schedule. The hazardous waste items will be identified as asbestos or non-asbestos. Tommy Read with Read Technical services is a licensed asbestos inspector. He will be contracted to identify the asbestos laden items. DES Inc . is a Georgia licensed abatement contractor and will be contracted to dispose of the abated items. Some of the items listed in the hazardous section will be taken to recycle facilities (oil, paint, TV & computers) for final disposition. Item #6 Equipment List-See attached EXCAVATORS Cat 330 DL Cat 324 EL Cat 322 CL Cat 320 EL Cat 308 CL (2) Cat 305 C Cat 303 ALAN DENSMORE, INC. EQUIPMENT LIST JUNE 2013 Page 1 of 2 Komatsu PC 78 TRACK EQUIPMENT Cat 963 C (2) Cat 259 skid steer Cat 279 skid steer Cat D 5 G Dozer Cat D 5 K Dozer Komatsu D-31 Dozer WHEEL LOADERS Cat 928 G Cat 416 Backhoe (2) Page 2 of 2 COMPACTION EQUIPMENT Cat 563 (2) Ingersoll Rand SD-70 (2) TRUCKS Mack Tandem Dump Trucks (26) 15 CY capacity Dump Trailers 26 ft. (8) 55 Ton Lowboy Trailer w / Mack Road Tractor 30 Ton Ramp Trailer w / Mack Road Tractor Peterbuilt Tandem Ramp Truck QUALIFICATIONS SIGNATURE AND CERTIFICATION [PROPOSERS MUST RETURN THIS SHEET WITH PROPOSAL RESPONSE] 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 1 am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia ~~~~~ted, Sections 4 :;; sflave not been violated and will not be violated in any Authorized Signatu~ Date (, II d, 2013 Print/Type Name AlM D ~()'\.t>i"~ Print/Type Company Name Here ;4/,4/J VeAl 5'/J1(J/'f? / TAlc.. CORPORA TE CERTIFICATE 1, A tan ~ore. , certify that I am the Secretary of the Corporation named as Contractor in the foregoing proposal ; that A tM ~ h-Q( -L , who signed said proposal in behalf of the Contractor, was then (title) ?r~ i 4.0 + of said Corporation; that said proposal was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; and that said Corporation is organized under the laws of the State of 6eo r[1 \0-.. . This I d-*'" day of T LMI(.. , 2013 161Pag e LIST OF SUBCONTRACTORS [PROPOSERS MUST RETURN THIS SHEET WITH PROPOSAL RESPONSE] 1 do ~ Ido not (check one) propose to subcontract some of the Work on this project. I propose to Subcontract work to the following subcontractors: Company Name: :Dtt/~S,..p~J &t/I ·t"()NM~"i-c.1 /Yl~/l47e""e",Y/ J/"IC. R~ttd -;;d""t!4i 5e/"v'/'(! e S Fi-, x. +-SO NS R 0 l( -D{:"F=" / Ale., R ~ p ~ b \ I ~ 'S e ('ell C e 5 :r::-rI c . £~.5 lA/C-. 171Page DISCLOSURE FORM PROPOSERS MUST RETURN THIS SHEET WITH PROPOSAL RESPONSE This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your Proposal package when it is submitted. Name and the official position ofthe Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) Nt>q£ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. AmountlValue Description X/A-;/¢f.I~ 1 Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation : ~~ (10A e 28 1 P age EXHIBIT "F" CONTRACTOR AFFIDAVIT AND AGREEMENT [PROPOSERS MUST RETURN THIS SHEET WITH PROPOSAL RESPONSE] STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O .CO.A. § 13 -10-91 , stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program , in accordance with the applicable provisions and deadlines established in O.CO.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period, and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.CO.A. § 13-1 0-91 (b), a form of which is attached hereto as Exhibit "0". Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows. Federal W k Aut orization User Identification Number Name of Contractor • Delu, ~ BrMb "~I -13 -~DOI Name of Project Name 0 Pubhc Employer /-/-----"--=--'--K'--f-____ ,2012 in Sv...w~ (city), CtA SUBSCRIBED AND SWORN BEFOjlli ME ON THIS THE I a#VA Y OF :J v...n-t. df;-£:!t/?~ Public ? [NOTARY SEAL] (state). 29 1 P age ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #4 RFP 13-CDOl Upon receipt of documents , please email, fax or mail this page to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, GA 30004 Phone: 678-242-2511 Fax: 678-242-2499 Email: rick.pearce(@.cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenc ed RFP. CO MP ANY NAME: -,-11,--' ~.L..<..bl-,-I_V~J)_e_A,-,-[-,---,5 /}J---,-=--o /}:..-. -=--f?J.-..f --<..I-,-A....:..:..f-=.{!_' _ CONTACTPERSON: __ =~~~O~/=~=-~~~~q_f~n~/~{~~~ __ _ ADD RESS: _PL-.' _' ::::::...-().:.-' ----+-g.L=-..l.K"'--------''3--'-.7=Z--'-1 _____ _ STATE: 0A ZIP: 7)d:1!!JZJ! PHONE: 770 915 () gOD FAX: 770-94.:;--/1/ '-I- EMAIL ADDRESS: dJ(~ tY-~/o.. /\ Jp(\stVlore Jr-.L(!.Cok'\ Q:5/ £/yla1k /. bflt9h~r3 Signature I Date' I ADDENDUM m Jj rz r· P I -' .. C f) () I i\ d dell d II III ii-l Please fill out and return the follo w in g revi sed price s heet to R ic k Pel:HCe by A ugust 20t\ 2013 A. Removal of all outside debris: There is no requirement on behalf of the city to sort or store any material. All material identified by the city will be removed by the contractor and disposed of at the contractor's discretion. At th e contractor's option, debris may be hauled to the Waste Management facilities accordi ng to the follow ing schedule: Chadw icks Landfill 13700 Chadwick Farm B lvd. Milton, GA 30075 Items A.l -Tip pin g fee $19 .50 per ton or $100 per load for veget at ive material less than 12 " in diameter Item C.1 -Tip ping fee $25 per cy (based on container size) Item # Description Unit Unit Price Vegetative Waste ¢'I10jJe(' A.l (trees, stUffikS , etc. greater than 12" not accepte d l oad 3D ~ eo Il 7' 11 at Chadwic s) A.2 All other si te debris ton 4;,/5, ~ B . Remov al of Vehicles (including Boats): All equipment will be hauled to the City of Milton Public Works Yard l ocated behind Fire Station #43 on Hickory Flat Road . Item Description Unit Unit Price # B.l Automobile ea 1300 . .9.Q. B.2 Boat ea 1;306 , £9- B.3 RV/Camper ea ~ Gao . !!!2- 3IPag,...: RFP I 3-Cf)O '1 Addendum ii ·j· . ft\ef? B.4 Constru ction Equipment ea -f; I ZL-b . EQ, B .5 Other Motorized Vehicle ea .;, 660. DD - C. Quote for Contractor Costs for Abatement of Asbestos: Item # Description Unit Unit Price C.l Asbestos Material cy q.!Z6 . .95=- D. Site Stabilization: Item # Description Unit Unit Price D.l Permanent Grass ing , includes ground preparat ion, ferti li zer and mulch sf t,t£ PRO POS AL PRICE CERTIFICATION The undersigned offers and ag rees that if this Proposal (l3-CDOl) is acce pte d by th e C it y Council within ninety (90) days of August 20th , 20 13 that h e wi ll furnish any or all of the Items upon which Prices are quot ed , at the Price se t opposite each It em , delivered to th e d es ignat ed point(s) within the time specified in the Propo sal Schedule. ADDRE SS V (:) 130 X' AUTHORIZED SIGNATURE ';t4 z: /li, 1/!,.:.z:;:ti. PRINTNAME_G_._2~. ·~/J,----,--,-n-..:...q..!.-A~·h~/.5~:r?:<L2{---.!"'----_____ _ 4[ P a g.; QUOTATION: UNIT PRICES DATE: October 18, 2013 JOB: DEBRIS REMOVAL FROM PRIVATE PROPERTY 14220 COGBURN RD MILTON , GA. 30004 FROM: TO: CITY OF MILTON, GA ALAN DENSMORE, INC . 13000 DEERFIELD PKWY SUITE 107 P.O. BOX 3729 MIL TON , GA. 30004 4483 BROGDON PARK COURT SUWANEE, GA 30024 ATTN: CARTER LUCAS tel: 770-945-0800 fax: 770-945-1114 EDDIE MATHIS, PROJECT MANAGER e-mail eddie@alandensmoreinc.com ITEM DESCRIPTION QTY UNIT UNIT COST TOTAL COST ITEM NOT COVERED IN SECTION 5 OF CONTRACTORS PAYMENT METHODS HOURLY RATES 1 CAT SKID STEER LOADER 1 HR $70 .00 $70.00 2 CAT D 5 DOZER 1 HR $100 .00 $100 .00 3 CAT 322 D EXCAVATOR 1 HR $130 .00 $130.00 4 CAT 308 C EXCAVATOR (RUBBER TRACK) 1 HR $85 .00 $85 .00 5 LABOR 1 HR $32 .00 $32 .00 6 LABOR WI CHAIN SAW 1 HR $44 $44 .00 7 LABOR WI WELDING, CUTTING TORCH 1 HR $90 $90.00 8 ROAD TRUCK WI 50 TON LOWBOY 1 HR $105 .00 $105.00 9 TANDEM DUMP TRUCK 1 HR $75 .00 $75 .00 10 TANDEM RAMP TRUCK 1 HR $95 .00 $95 .00 ANY ADDITION SUBCONTRACTOR OR MATERIALS WIL BE MARKED UP 10% ANY HOURLY RATE TICKETS WILL BE APPROVED & SIGNED BY THE CITY OFFICIAL ON SITE EXHIBIT "C" BONDS PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Alan Densmore , Inc . (as CONTRACTOR, hereinafter referred to as the "Principal"), and _________ _ _________________ (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto the City of Milton , Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of seventy five thousand dollars ($75,000), lawful money of the United States of America, for the payment of which the Principal and the Contractor 's Surety bind themselves , their heirs, executors , administrators , successors and assigns, jointly and severally, firmly by these presents . WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated _______ , which is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"), for the construction of a project known as Debris Removal from Private Property (hereinafter referred to as "the PROJECT"). NOW THEREFORE, the condition of this obligation is such that ifthe Principal shall promptly make payment to an y Claimant, as hereinafter defined, for all labor, services and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A "Claimant" shall be defined herein as any Subcontractor, person, Party, partnership, corporation or other entity furnishing labor, services or materials used or reasonably required for use in th e performance of th e Contract, witho ut regard to w h ether such labor, services or materials were sold , leased or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project . In the event of any claim made by the Claimant against the City, or the filing of a Lien against the property ofthe City affected by the Contract, the Contractor's Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this __ day of ___________ , 2013. Alan Densmore, Inc. By: ___________ _ Title : ___________ (SEAL) (Signatures Continued on Next Page) Attest: Title: Date : ______ _ (Name of Contractor's Surety) By: __________ _ Title: ___________ (SEAL) Attest: Date : ------- (ATTACH SURETY'S POWER OF ATTORNEY) PERFORMANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Alan Densmore, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and _________ (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and finnly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of seventy five thousand dollars ($75,000), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated the __ of _______ , 2013 which is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"), for the construction of a project known as Debris Removal from Private Property, (hereinafter referred to as "the PROJECT"). 1. NOW THEREFORE, the conditions of this obligation are as follows: That if the Principal shall fully and completely perfonn each and all of the tenns, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold hannless the City from any and all losses, liability and 2 . damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur , sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms , provisions and requirements of the Contract, including all modifications , amendments , changes, deletions, additions , and alterations thereto and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect ; In the ev ent of a failure of performance of the Contract by the Principal , which shall include , but not be limited to , any breach of default of the Contract: a. The Contractor 's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) days after written notice from the City to the Contractor 's Surety; and b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval ofthe City. The Contractor 's Surety hereby waives notice of any and all modifications, omissions, additions, changes and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications , omissions , additions , changes , and advance payments or deferred payments . The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under se al. IN WITNESS WHEREOF, the principal and Contractor 's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorne ys-in-fact , this __ day of ________ , 2013 . Alan Densmore, Inc . By: _____________ _ Title : ____________ (SEAL) Attest : Title : Date : ------- (Name of Contractor's Surety) By: __ ---------__ _ Title : ____________ (SEAL) Attest : Date : ------- (ATTACH SURETY 'S POWER OF ATTORNEY) EXHIBIT "D" NON C OLLUSION AFFIDAVIT OF PRIM E PROPOSE R STATE OF GEORGIA CITY OF MILTON lJ/ttJJ Dc 1../6 tvlt> re... ,b e ing first duly sworn, deposes and sa y s that : (1) He is r ~?l c\ e...~ (Owner, Partner, Officer, Representative, or Agent) of Alan Densmore , Inc . (the "Proposer") that has subm itted the attached Proposal; (2) He is fully informed res pecting their preparation and contents of the a.ttached Propos al and of all pertinent circumstances respecting such Proposa l; (3) Such Proposal is genuine and is not a co ll usive of sham Proposal; (4) Neither the said Proposer nor any of its officers, partners , owners, agents, repres e ntatives, employees, or parties in interest, including this affidavit, has in any way colluded , conspired, connived, or agreed , directly or indirectly , w it h any o ther Proposer, firm or person to submi t a collusive or sham Proposa l in connection with the Contract for which the att~lched Proposal has been submitted to or refrain from proposing in connection with such Contract, or has in any co llu sion or communication or conferc n ce with any other Proposer, firm or person to fix the price or prices in the attached Proposal or of any other Proposer, or to secure t h rough any col1us,ion, conspirRcy , connivl'lOce or un lawful ::lgreement ::lily advantage against the City or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Proposal are fair an proper and are not t ainted by any collusion , conspiracy , connivance, or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners , employees, or parties in interest, including this affidavit. irectlyor indirectly violateu O.C.G .A . § 36-91 -21 (u). ~~~~~~~~~ Signal re of Authorized Officer or Agent ALAP ~WfHfc ,u-?K~ Printed Name and T itle of Authorized Officer or A gent SU. BSCRr~ED AND SW. ORN TO BEF ORE ME THIS pZ 'f-rt-. DAY OF tJ~';e'~ ,2013. ~#rd~~k: Not"t9PUiili~ My Co mmi ss io n Expi res _$'j,-/-7...:T:..r-~~/_~ __ _ ( 'Date ~ EXHIBIT'~ CONTRACTOR AFFIDAVIT AND AGREEMENT [PROPOSERS MUST RETURN THIS SHEET WITH PROPOSAL RESPONSE] STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor ve rifie s its co mpli ance with O.e.O.A. § 13-10-91, s tatin g affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City has regi stered with, is authorized to use and us es the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in acco rdan ce with the a pplicable provisions and deadlines established in O.C .G .A . § \3 -10 -91. Furthermore, th e undersigned contractor will continue to use the federal work authorization program throughout the contract period, and the undersigned contractor will contract for the physical performance of services in sati sfacti o n of s uch contract o nly with subcontractors who present an affidavit to the contractor with the information required by O .e.G.A . § 13-1 0-9 I (b), a form of which is attached hereto as Exhibit "G". Contractor hereby attests that its federal work authorization user identificatio n number and date of authorization are as follows. Federal W k Aut orization User Identification Number Name of Contractor • De lu( 6 &Mb"~ I -1 3 -~Do I Name of Project r---r--'-.:.-"r:-+-____ " 2012. in Sv.-wCAn«-(city), ~A SUBSCRIBED AND SWORN BEFOjlli ME ON THIS THE I a#VAY OF :J v..n<'-. 4#d.,£/t:!.< J Public ? [NOTARY SEAL] My Y'~~ Expires: (state). 291 P age EXHIBIT "F" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcontractor verifies its compliance with O .C.G .A. § 13-10-91 , stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Alan Densmore, Inc . on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonl y known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O .C .G.A. § 13 -10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O .C .G .A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward , within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows : eVerify Number Date of Authorization Name of Subcontractor Debris Removal from Private Property Name of Project City of Milton Name of Public Emplo yer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ___ , _,201_ in __ (city), __ (state). S ignature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ______ ,201 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires : _________ _ EXHIBIT "G" PLANS AND SPECIFICATIONS All work shall be performed in accordance with the specifications provided in Exhibit "A" Request for Proposal EXHIBIT "H" FINAL AFFIDA VIT TO CITY OF MILTON, GEORGIA I, , hereby certify that all suppliers of materials , equipment and service, subcontractors , mechanics, and laborers employed by Alan Densmore, Inc . or any of its subcontractors in connection with the construction of the Debris Removal from Private Property for the City have been paid and satisfied in full as of , 20 __ , and that there are no outstanding obligations or claims of any kind for the payment of which the City on the above named project might be liable , or subject to, in any lawful proceeding at law or in equity. Signature Title Personally appeared before me this __ day of , 20 ____________ _ who under oath deposes and says that he is of the firm of Alan Densmore, Inc. that he has read the above statement and that to the best of his knowledge and belief same is an exact true statement . Notary Public [NOTARY SEAL] My Commission Expires