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HomeMy WebLinkAboutAgenda Packet CC - 01/05/2015 - City Council Agenda Packet Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall, Suite 107E Monday, January 5, 2015 Regular Council Meeting Agenda 6:00 PM INVOCATION - Remco Brommet, Chaplain for the 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. 15-001) 4) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 5 , 2015 Page 2 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 5) CONSENT AGENDA 1. Approval of the December 8, 2014 City Council Work Session Minutes. (Agenda Item No. 15-002) (Sudie Gordon, City Clerk) 2. Approval of the December 15, 2014 City Council Regular Meeting Minutes. (Agenda Item No. 15-003) (Sudie Gordon, City Clerk) 3. Approval of a Construction Services Agreement between the City of Milton and Peek Pavement Markings, LLC to Provide Roadway Striping. (Agenda Item No. 15-004) (Carter Lucas, Assistant City Manager) 4. Approval of an Extension for the Amendment to the Contract with Tyler Technologies, Inc. for Incode Software to Add the Business License Module. (Agenda Item No. 15-005) (Stacey Inglis, Assistant City Manager) 6) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Home Depot for Freedom Park Efforts. (Presented by Mayor Joe Lockwood) 7) FIRST PRESENTATION 1. Consideration of an Ordinance to Amend Article VI, Financial Management Program, Division 7 - Debt Management Policy. (Agenda Item No. 15-006) (Ken Jarrard, City Attorney) 8) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATION 1. Consideration of the Issuance of an Alcohol Beverage License to Windward Parkway Restaurant, LLC dba Ray’s New York Pizza, Located at 5230 Windward Parkway, Suite 105, Milton, Georgia 30004. The Applicant is Joseph Karam for Wine, Malt Beverages, and Distilled Spirits. (Agenda Item No. 15-007) (Stacey Inglis, Assistant City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 5 , 2015 Page 3 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Consideration of the Issuance of an Alcohol Beverage License to Article of Faith Enterprises, LLC dba Ricco’s, Located at 14155 Highway 9, Suite 500, Milton, Georgia 30004. The Applicant is David Lupica for Wine, Malt Beverages, and Distilled Spirits. (Agenda Item No. 15-008) (Stacey Inglis, Assistant City Manager) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS 1. Consideration of a Resolution and Ordinance Amending the Charter for the City of Milton, Georgia. (Agenda Item No. 14-344) (Discussed at December 8, 2014 Council Work Session) (New Business at December 15, 2014 Regular Council Meeting) (Ken Jarrard, City Attorney) 11) NEW BUSINESS 1. Consideration of A Resolution of the Milton City Council To Extend the 2012 – 2015 Strategic Plan Through The End of 2015. (Agenda Item No. 15-009) (Chris Lagerbloom, City Manager) 2. Consideration of a Resolution of the Milton City Council to Re-Adopt the Five GMA Ethics Principles for Recertification to be a Georgia Certified City of Ethics. (Agenda Item No. 15-010) (Chris Lagerbloom, City Manager) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 1. Discussion of Health Insurance Benefits for Elected Officials. (Sam Trager, Human Resources Director) 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 15-011) The minutes were provided electronically HOME OF ' FSTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 22, 2014 FROM: City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Peek Pavement Markings, LLC to Provide Roadway Striping. MEETING DATE: Monday, January 5, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: W APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED:) YES () NO CITY ATTORNEY REVIEW REQUIRED: YES O NO APPROVAL BY CITY ATTORNEY OAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: D)oj IS REMARKS © YOUID PHONE: 678.242.25001 FAX: 678.242.2499 Green *Gert&OJ info@cityofmiltonga.us I www.cityofmiltonga.us N'E Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 'e`er To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: Submitted on December 17, 2014 for the January 5, 2015 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Peek Pavement Markings, LLC to Provide Roadway Striping. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This contract has a renewability of five years and will provide the annual long line stripings needs throughout the city. Staff is recommending approval of the Construction Services Agreement with Peek Pavement Markings, LLC in an amount not to exceed $80,000 a year. Funding and Fiscal Impact: Funding for this project is available in the Infrastructure/Restriping budget. Alternatives: None. Legal Review: Ken Jarrard – Jarrard & Davis 10/29/2014 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Document Construction Services Agreement NOME OF -LITONAW- ESTABLI S IIED 2006 CONSTRUCTION SERVICES AGREEMENT FOR LONG LINE STRIPING PROJECT This Agreement (the "Agreement") to provide sidewalk improvements is made and entered into this — day of , 2015, 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"), Peek Pavement Marking, LLC, a Georgia corporation with its principal place of business located at 4600 Peek Industrial Dr, Columbus, GA 31909 (hereinafter referred to as the "Contractor"). WITNESSETH: WHEREAS, the City issued an Invitation to Bid for the Long Line Striping Project; and WHEREAS, based upon Contractor's bid to install roadway striping as required by the bid documents, the City has selected Contractor as the winning bidder, 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. Invitation to Bid ITB (59 Pages), attached hereto as Exhibit "A"; C. Bid from Contractor dated August 28, 2014 (18 Pages), attached hereto as Exhibit 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. Final Affidavit, attached hereto as Exhibit "H", 1. Nondiscrimination Affidavit, attached hereto as Exhibit "I" 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 Proiect Description The scope of this project generally consists of the striping of roadway segments as specified in accordance with the Invitation to Bid issued by the City and submitted by Peek Pavement Marking, LLC dated August 28, 2014 and in accordance to the latest GDOT standards. 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. Section 4 Contract Time The term of this Agreement shall be from _January 1, 2015_ until December 31, 2019, unless terminated earlier as provided for herein. This Agreement shall automatically renew on January I of each year thereafter until December 31, 2019, provided that this Agreement shall terminate absolutely and without further obligation on the part of the City on December 31 sc each year. Contractor agrees to complete the Project within 15 calendar days from the date of Notice to Proceed. Every effort will be made by Contractor to shorten this period. Title to any supplies, 2 materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. Section 5 Contractor's Compensation: Time and Method of Pa ment A. The total amount paid under this Agreement during each contract term shall not, in any case, exceed $80,000 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 Agreement. 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. No cost increases will be entertained during the current tern of the Agreement. Any proposed increase in costs shall be submitted to the City no less than ninety (90) days prior to the expiration of the current teen for consideration of contract extension. The City reserves the right to accept or reject any proposed cost increases. If the City decides to reject the cost increase, after consultation with the contractor, the contract shall be terminated. 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 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. C. 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. D. Any material deviations in tests or inspections perfonned, 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 3 submitted to Honor Motes (Procurement Manager) 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. E. 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 Work Chan oeq A. 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 terns and the Contractor shall proceed with the changed work. B. 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 Contractor. C. 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 $50,000, must be approved by resolution of the Milton City Council. Section 7 Covenants of Contractor. A. 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 11 Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the 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 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 perforin the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide iminediate written notice to the City if Contractor knows or reasonably should know that any infonnation provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor's Representative wct.lu i shall be authorized to act on Contractor's behalf with respect Co the Work as Contractor's designated representative. H. Assignment of Ap-reement 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 of the Work, perfonnance 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 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. h -I 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 tennination of this Agreement. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, Cel 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 of the 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 pennits, licenses, or approvals to the City of Milton Representative within ten (10) days after issuance. 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 7 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 $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 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 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 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 0 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, 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 Contractor 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 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 (3 0) 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(I) of this Agreement. we (5) Acceptability of Insurers: 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 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 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 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. L. Emplovinent of Unauthorized Aliens Prohibited E -Verify Affidavits It is the policy of the City of Milton that unauthorized aliens shall not be employed to perforin 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 10 the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perforin 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 hnmigration Reform and Control Act of 1986 (IRCA), 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 "F", 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 0.C.G.A. § 13-10-91, the City Manager or his/her 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 snaking 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 11 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. [Inforination 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. 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 12 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 non -nal 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 smatters covered by this Agreement. N. Conflicts of Interest 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. Confidentiali 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 Contractor agrees that confidential infonmation 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 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 13 of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bund 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 terinination 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 thein 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 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 terinination of the contract. Section 8 Covenants of the City A. Right of EntrX The City shall provide for right of entry for Contractor and all necessary equipment along the right-of-way, in order for Contractor to complete the Work. B. City's Representative Roddy Motes shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative 14 Section 9 Warranty Except as maybe 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 of the one-year general warranty period to identify any issues that must be resolved by the Contractor. Section 10 Termination A. The City may terininate 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 terininate work as quickly and effectively as possible and shall terininate 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. B. 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 of the Project and deduct the cost of completion from the unpaid Contract Price. The City will snake no payment to 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 exceed the unpaid balance, the Contractor or its Surety will pay the difference to the City. C. 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 ten -ns of this Section (A) above. D. 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 perforining this Agreement, whether completed or in process, in the form specified by the City. E. 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. 15 Section 11 Miscellaneous A. 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. B. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. C. 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. D. 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. E. Notice. All notices requests, demands and other cominunications 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, postage prepaid, return receipt requested or 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 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: Mr. Brad Dye, Peek Pavement Marking, LLC, 4600 Peek Industrial Dr, Columbus, GA 31909 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. 16 G. Force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perforin or shall be deemed in default with respect to the failure to perfonn (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 govermnental rules or regulations rendering the perfonnance 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 perfonnance 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 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 I in every subcontract for services contemplated under this Agreement. The parties also agree to comply with the requirements contained in Exhibit "I," attached hereto and incorporated herein by reference. 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] 17 SIGNED, SEALED, AND DELIVERED In the presence of: Witness (Corporate Secretary should attest) �via%FIs Print Name Not Public [NOTARa�.... M Conuiissii-..n Ex COMMISSION c `. EXPIRES r •` v` 24,0,x'1 '•��� moi, 9 `...��2:•'-t,�� SIGNED, SEALED, AND DELIVERED In the presence of Witness Notary Public [NOTARY SEAL] My Commission Expires: Peek Pavement Ma LLC 714-1 Signature Hal ShWnacy Print Name Division Manager, Administration Title [AFFIX CORPORATE SEAL] MILTON CITY COUNCIL: Joe Lockwood, Mayor In [CITY SEAL] -this Contra js contingent upon 9ooeptwM OR I* insurance limits -listed Ofd pq& pavement Marking's C;erojoft d liability kvwraance as vAldot CWJWSP !or this prWCL ,�./ EXHIBIT "A" REQUEST FOR BID HOME OF ` .;Aj II'? ';i� i �• t:;t: rr i. ;;t' ONJ FSTtBI ISI 1CI7 2,)Ot, Bid Number: 14-PW12 Due Date and Time: August 28, 2014 Local Time: 2:00pm V i 1 .H.1 llJl.r 1 Ur 15111L [HTS IS NOT AN ORDER) Project Name: FY14 LONG LINE STRIPING PROJECT ISSUING DEPARTMENT INFORMATION Issue Date: August 4, 2014 City of Milton Public Works Department 13000 Deerfield Pkwy, Suite 107F Milton, Ga. 30004 Return Submittal to: City of Milton Attu: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite 107F Milton, Ga. 30004 Bidder Name/Address: Number of Pages: 59 Phone: 678-242-2500 Fax: 678-242-2499 Website: www.cityofmiltonga.us Mark Face of Envelope/Package: Bid Number: 14-PW12 Name of Company or Firm Special Instructions: Deadline for Written Questions August 18, 2014 at 5:00 pm Email questions to Honor Motes at hononmotes(icityoftniltonga. us Authorized Bidder Signatory: (Please print name and sign in ink) Bidder Phone Number: Bidder FAX Number: Bidder Federal I.D. Number: Bidder E-mail Address: FY14-PW12 Long Line Striping Project Table of Contents Topic pate Definitions 3 Invitation to Bid 4 Bidding Instructions (What must be submitted) 6 Insurance/Bond Requirements 7 Bid Form and Addenda Acknowledgement 11 Bid Bond 13 Qualifications Signature and Certification 16 Corporate Certificate 16 List of Subcontractors 17 Contractor Affidavit and Agreement (eVerify) 18 Bid Schedule 19 Disclosure Form 22 General Conditions 23 EPD Air Quality Rules 28 Project Specifications 29 Schedule of Events 33 Sample Contract Agreement 34 FY14-PW12 Long Line Striping Project DEFINITIONS COMPW: City of Milton Public Works Department GDOT: Georgia Department of Transportation ENGINEER: The City of Milton Director of Public Works or a duly authorized representative. ADA: Americans with Disabilities Act EA: Each GAL: Gallon LF: Linear Feet MUTCD: Manual on Uniform Traffic Control Devices OSHA: Occupational Safety and Health Administration FHWA: Federal Highway Administration AASHTO: American Association of State Highway and Transportation Officials FY14-PW12 Long Line Striping Project CITY OF MILTON Invitation to Bid 14-PW12 The City of Milton is accepting sealed bids from qualified firms for a Long Line Striping Project for the Public Works Department in conformance with Title 32, Chapter 4, Article 4, Part 2 of the Official Code of Georgia Annotated. All work will be done in accordance with Georgia Department of Transportation's (GDOT) Standard Drawings, Standard Specifications, and Pay Items Index as standards and specifications for the construction and completion of the work required. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. It is the bidder's responsibility to periodically check the posted website for new information and potential changes. Sealed bids will be received no later than 2:00 PM Local Time on August 28, 2014. Sealed bids shall be submitted to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite 107F Milton, Ga. 30004. At approximately 2:05 PM Local Time on the day bids are received the bids will be publicly opened and the bidder's name and total bid amount will be read aloud at: City of Milton Courthouse 13000 Deerfield Parkway Suite 107F Milton, GA 30004. Bids received after the above time or in any other location other than the Purchasing Office will not be accepted. It shall be the bidder's sole risk to assure delivery to the receptionist's desk at the designated office by the designated time. Late proposals will not be opened and may be returned to the proposer at the expense of the proposer or destroyed if requested. Bids shall be presented in a sealed envelope with the bid number (14 -PW 12) and the name of the company or firm submitting clearly marked on the outside of the envelope. ONE (1) ORIGINAL (PAPER) AND THREE (3) COPIES (PAPER) AND A PDF COPY OF THE BID ON CD MUST BE SUBMITTED. Bids will not be accepted verbally, by fax, or email. Questions must be in writing. For questions, please email Honor Motes at honor.motes@cityofmiltonga.us. Deadline for questions is August 18, 2014 at 5:00pm. Official answers to questions and potential changes to the ITB (Addendums) will be posted at the same web locations as the ITB on or about August 22, 2014. Any other form of interpretation, correction, or change to this ITB will not be binding upon the City. It is the bidder's responsibility to check the websites for potential updates. Please refer to Bid (14 -PW 12) and bid name (FYI 4 Long Line Striping Project) when requesting information. The City of Milton reserves the right to reject any or all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. It is understood that all bids are made subject to this Agreement, that the City reserves the right to award the bid to the lowest, responsible Bidder, and in arriving at this decision, full consideration will be given to the reputation of the Bidder, his financial responsibility, previous City of Milton experience, and work of this type successfully completed. Any unauthorized conditions, limitations or provisions attached to the bid, except as may be provided herein, will render it informal and may cause its rejection. Unbalanced bids may be subject to rejection. FY14-PW 12 Long Line Striping Project A bidder may modify or withdraw its bid by written request, provided that the request is received by the City prior to the bid due date and time at the address to which bids are to be submitted. Following withdrawal of its bid, the bidder may submit a new bid provided that the new bid is submitted prior to the established bid due date and time. No bid may be withdrawn for a period of sixty (60) days after the date of the bid opening except as permitted by O.C.G.A. 36-91-41 et seq., as amended. From the date this Invitation to Bid (ITB) is issued until a Bidder is selected, Bidders are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes. Any unauthorized contact may disqualify the Bidder from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes Address: 13000 Deerfield Parkway, Suite 107F, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@cityofmiltonga.us The selected contractor must be able to start work within ten (10) calendar days after the "Notice to Proceed" is issued. The time of completion for the project is fifteen (15) calendar days from the date of the "Notice to Proceed." If weather affects the required completion schedule, The City and selected contractor will negotiate a new completion date. Section 108.08 of the State of Georgia Department of Transportation Standard Specifications Construction of Transportation Systems (current edition) shall be applied. FY14-PW12 Long Line Striping Project BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) 1 Filled out and Signed Invitation to Bid 1 2 Bid Form and Addenda Acknowledgement (2 pages) 11-12 3 Bid Bond (3 pages) 13-14-15 4 Qualification Signature and Certification 16 5 List of Subcontractors 17 6 Contractor Affidavit and Agreement (e Verify) State Law 18 7 Bid Schedule (3 pages) 19-20-21 8 Disclosure Form 22 INFORMATION AND INSTRUCTIONS The purpose of this solicitation is to enter into a unit price "purchasing contract" with one firm to be the primary supplier of the FYI Long Line Striping Contract, 14 -PW 12. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. The term of the contract shall be for an initial one-year period with four (4) possible 12 -month extensions. Any contract extensions shall be contingent on satisfactory performance during the previous time period. No cost increases will be entertained during the term of the contract. Any proposed increase in costs shall be submitted to the City no less than ninety (90) days prior to the expiration of the contract for consideration of contract extension. The City reserves the right to accept or reject any proposed cost increases. The City reserves the right to cancel the contract at any time with 30 days written notice. Title to any supplies, materials, equipment or other personal property shall remain the Contractors' until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor's expense to the complete satisfaction of the City of Milton with no additional expense to the City. FY14-PW12 Long Line Striping Project EVALUATION The City intends to evaluate the ITB on the lowest, best, responsible, and responsive vendor. In case of discrepancy between the unit price and the total price on the completed Bid Schedule, the unit price will prevail and the total price will be corrected. To bid on this contract, the Contractor must be listed on the current Georgia Department of Transportation Pre -Qualified Contractors list. No exceptions. 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. 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. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7.K). (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 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 per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily 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) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 (one million dollars) 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 therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. FY14-PW 12 Long Line Striping Project (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 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. (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. FY14-PW12 Long Line Striping Project (5) Acceptability 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:Vl. (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 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. BONDING REQUIREMENTS Each bid 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 base bid, payable to the City of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project strictly within the terms and conditions stated in this bid and in the bidding and contract documents, should the construction contract be awarded. The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE BONDS for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100°/x) of the contract price. 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. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. FY14-PW12 Long Line Striping Project OATH Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e). COST OF PREPARING A PROPOSAL The costs for developing and delivering responses to this ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton. FY14-PW12 Long Line Striping Project [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 14-PW12 FY14 Long Line Striping Project The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). All materials used in the process of completion of the work included in the Contract will be furnished from Georgia Department of Transportation certified suppliers only. It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to complete all Work within fifteen (15) calendar days from the Notice to Proceed. If weather affects the required completion schedule, The City and selected Bidder will negotiate a new completion date. FY14-PW12 Long Line Striping Project Attached hereto is an executed Bid Bond in the amount of Dollars ($ (Five Percent of Amount Bid). 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 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. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this day of , 20 Bidder Mailing Address: Signature: Print Name: Title: Bidder (Seal) Company Name FY14-PW 12 Long Line Striping Project [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 BID BID DUE DATE: PROJECT (Brief Description Including Location): BOND BOND NUMBER: DATE (Not later that Bid due date): PENAL SUM: (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, 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. 00- C (Seal) Bidder's Name and Corporate Seal By: Signature and Title: Attest: Signature and Title: SURETY Surety's Name and Corporate Seal By: Signature and Title: (Attach Power of Attorney) Attest: Signature and Title: (Seal) 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 Bidder, Surety, the City or any other party shall be considered plural where applicable. FY14-PW12 Long Line Striping Project I . Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder 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 Bidder within 30 calendar days after receipt by Bidder 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 Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid 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 Bidder 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 Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal 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. FY14-PW12 Long Line Striping Project 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 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. FY14-PW 12 Long Line Striping Project [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION 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, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature Print/Type Name Print/Type Company Name Here Date CORPORATE CERTIFICATE 1, , certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that who signed said bid in behalf of the Contractor, was then (title) of said Corporation; that said bid 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; that said Corporation is organized under the laws of the State of This (Signature) day of 520 Seal) FY14-PW 12 Long Line Striping Project [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name: FYI 4 -PW 12 Long Line Striping Project I = [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] EXHIBIT "F" STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT 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 contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit "G." Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. EEV / Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date (Print Contractor Name) Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 200 Notary Public My Commission Expires: FYI 4 -PW 12 Long Line Striping Project [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID SCHEDULE SECTION A: PAINT ITEM NUMBER ITEM ESTIMATED UNIT DESCRIPTION UNITS QUANTITY PRICE EXTENDED PRICE 1 5" Skip (10:30) Paint GLF 5,280 $ $ (Unit Price in Words) 2 5" Solid Paint Yellow LF 37,500 $ $ (Unit Price in Words) 3 5" Solid Paint White LF 37,500 $ $ (Unit Price in Words) 4 Remove Existing Paint 5 " LF 1 $ $ (Unit Price in Words) SECTION A EXTENDED PRICE TOTAL: $ SECTION B: THERMOPLASTIC ITEM NUMBER ITEM ESTIMATED UNIT DESCRIPTION UNITS QUANTITY PRICE EXTENDED PRICE 1 5" Skip (10:30) Thermoplastic GLF 5,280 $ $ (Unit Price in Words) 2 5" Solid Thermoplastic Yellow LF 200,000 $ $ (Unit Price in Words) 3 5" Solid Thermoplastic White LF 200,000 $ $ FY14-PW12 Long Line Striping Project (Unit Price in Words) Remove Existing 4 Thermoplastic, 5" LF 1 $ (Unit Price in Words) SECTION B EXTENDED PRICE TOTAL SECTION C: RAISED PAVEMENT MARKERS ITEM ITEM ESTIMATED NUMBER DESCRIPTION UNITS QUANTITY Yellow Rectangular Two - Way Marker (every 80FT, 2 1 per placement) MILES 5 (Unit Price in Words) UNIT PRICE EXTENDED PRICE SECTION C EXTENDED PRICE TOTAL: $ GRAND TOTAL OF EXTENDED PRICE: $ GRAND TOTAL OF EXTENDED PRICE (PRINTED): Fill out "Unit Price" column, "Extended Price" column, and "Grand Total of Extended Price" Actual price to the City will be based on actual quantity multiplied by the bid "Unit Price". It is the intent of this project for each unit price bid to include all labor, materials, equipment, tools, transportation, mobilization, and supplies as required as necessary to complete the work in accordance with the plans, specifications as directed, including, and the terms of this project. FY14-PW12 Long Line Striping Project Number of days to fully complete project (exclude weather related days) In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY ADDRESS AUTHORIZED SIGNATURE PRINT / TYPE NAME TITLE FY14-PW12 Long Line Striping Project [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] DISCLOSURE FORM 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 bid package when it is submitted. Name of Bidder 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. Amount/Value 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: FY14-PW12 Long Line Striping Project GENERAL CONDITIONS Unless otherwise directed, all work performed under this contract shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition), and Special Provisions modifying them, except as noted below. SECTION 101 DEFINITION AND TERMS Section 101.14 Delete as written and substitute the COMMISSIONER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON Section 101.22 Delete as written and substitute the DEPARTMENT following: PUBLIC WORKS DEPARTMENT CITY OF MILTON Section 101.24 Delete as written and substitute the ENGINEER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON, ACTING DIRECTLY OR THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Section 101.84 Add: DIRECTOR OF PUBLIC WORKS CITY OF MILTON SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS Section 102.05 EXAMINATION OF PLANS, Add the following paragraph: SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF THE WORK "The City will not be responsible for Bidders' errors or misjudgment, nor for any information on local conditions or general laws and regulations." Section 102.07 REJECTION OF PROPOSALS Add the following subparagraphs "I. The City reserves the right to reject any and all bids, to waive technicalities, and to make an award as deemed in its best interest. It is understood that all bids are made subject to this Agreement, that the City reserves the right to award the bid to FY14-PW12 Long Line Striping Project Section 102.08 PROPOSAL GUARANTY Add Section 102.15 ADDENDA AND INTERPRETATION Section 102.09 DELIVERY OF PROPOSALS: the lowest, responsible Bidder, and in arriving at this decision, full consideration will be given to the reputation of the Bidder, his financial responsibility, and work of this type successfully completed. "J. The City also reserves the right to reject any and all bids from any person, firm, or corporation who is in arrears in any debt or obligation to The City of Milton, Georgia." Substitute the following for the first sentence "No bid will be considered unless it is accompanied by an acceptable bid bond an amount not less than five percent (5%) of the amount bid and made payable to City of Milton, Georgia. Such Bid Bond shall be on the forms provided by the City." Delete in its entirety and substitute the following: Bids shall be submitted on the Bid Form provided by the City. The bid package as described in Notice to Contractors, Page 1 must be submitted with the bid. Failure to do so could result in the omission of pertinent documents and the rejection of the apparent low bid." Add the following as 102.15: "No interpretation of the meaning of the Contract Documents will be made orally to any Bidder. Any request for such interpretation should be in writing addressed to the Purchasing Department, The City of Milton 13000 Deerfield Pkwy., Suite 107G Milton, Ga. 30004. TEL. 678/242-2500, FAX 678/242-2499.Each such interpretation shall be given in writing, separately numbered and dated, and furnished to each interested Bidder. Any request not received FY14-PW12 Long Line Striping Project I E SECTION 103 Section 103.02 AWARD OF CONTRACT Section 103.05 REQUIREMENTS OF CONTRACT BONDS Section 103.07 FAILURE TO EXECUTE CONTRACT in time to accomplish such interpretation and distribution will not be accepted. AWARD OF AWARD AND EXECUTION OF CONTRACT Delete in its entirety and substitute the following: "The contract, if awarded, shall be awarded to the lowest responsible bidder. The City of Milton reserves the right to exercise exclusive discretion as to the responsibility of any bidder. The contract shall be executed on the forms attached, will be subject to all requirements of the Contract Document, and shall form a binding Contract between the contracting parties." Delete in its entirety and substitute the following: "At the time of the execution of the contract, and as a part thereof, the successful bidder shall furnish Contract Bond Below: Performance Bond in the full amount of the contract. Payment Bond in the full amount of the contract. Maintenance bond in the amount of one-third (1/3) of the contract. " Delete in its entirety and substitute the following: "Failure to execute the Contract Performance, Payment or Maintenance Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days after the date of Notice of Award of the Contract, may be just cause for the annulment of the award and for the forfeiture of the proposal guaranty to the City of Milton, not as a penalty, but as liquidation of damages sustained. At the discretion of the City, the award may then be made to the next lowest bidder, may be FY14-PW12 Long Line Striping Project re -advertised, or may be constructed by City forces. The Contract and Contract bonds shall be executed in quadruplicate." SECTION 107 LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC Section 107.18 ACQUISITION OF RIGHT OF WAY Section 107.21 CONTRACTORS RESPONSIBILITY FOR UTILITY PROPERTY AND SERVICE SECTION 109 Section 109.07 PARTIAL PAYMENTS Section 109.08 FINAL PAYMENT Add the following paragraph: "The Contractor shall inspect all easements and rights-of-way to ensure that the City has obtained all land and rights-of-way necessary for completion of the Work to be performed pursuant to the Contract Documents. The Contractor shall comply with all stipulations contained in easements acquired by the Department." Add the following sentence to Paragraph A: "The Contractor is responsible for the location of above and below ground Utilities and structures which may be affected by the Work." MEASUREMENT AND PAYMENT Delete the first sentence of the Second Paragraph under `A. General" As long as the gross value of completed work is less than 50% of the total Contract amount, or if the Contractor is not maintaining his construction schedule to the satisfaction of the Engineer, the Department shall retain 10% of the gross value of the work that has been completed as indicated by the current estimate certified by the Engineer for payment. Delete in its entirety and substitute the following. "Final Payment: Upon completion by the Contractor of the work, including the receipt FY14-PW12 Long Line Striping Project of any final written submission of the Contractor and the approval thereof by the Department, the CITY will pay the Contractor a sum equal to 100 percent (100°/x) of the compensation set forth herein, less the total of all previous partial payments, paid or in the process of payment. The Contractor agrees that acceptance of this final payment shall be in full and final settlement of all claims arising against the CITY for work done, materials furnished, costs incurred, or otherwise arising out of this Agreement and shall release the CITY from any and all further claims of whatever nature, whether known or unknown for and on account of said Agreement, and for any and all work done, and labor and materials furnished, in connection with same." FYI 4 -PW 12 Long Line Striping Project ***NOTICE TO CONTRACTORS*** EPD AIR QUALITY RULES ON OPEN BURNING REFER TO CHAPTER 391-3-1-02-05 For additional/information, please contact: Georgia Department of Natural Resources Environmental Protection Division Air Protection Branch 4244 International Parkway, Suite 120 Atlanta, GA 30354 404/363-7000; 404/362-2534 — FAX FY14-PW 12 Long Line Striping Project PROJECT SPECIFICATIONS 4.0 LONG LINE STRIPING PROJECT SCOPE 4.1 Scope The contractor shall furnish all materials, equipment, and labor to complete the required construction as described in its entirety to the specifications as directed and the terms of this contract including all incidentals as directed by the City of Milton Director of Public Works or his/her representative. The scope consists of striping roadway segments as specified in Section 4.2. 4.2 Descriptions The City of Milton anticipates purchase of an estimated annual volume of 75,000 LF of paint, 5,280 GLF of 5" skip white paint, 400,000 LF of thermo, 5,280 LF of thermo skips, and 5 miles of raised pavement markers. The figures are a good faith estimate and are intended as an indicator of annual volume only and in no way commits the City to purchase any minimum amount or quantity. Any item listed in Section 6.0 Bid Schedule with a quantity of one is intended to make sure the City receives a unit price for all line items. Unless otherwise specified, all work shall be completed in accordance with Georgia Department of Transportation Standard Specifications (current edition). 4.3 Evaluation The City intends to evaluate the ITB on the lowest, best, responsible, and responsive vendor. 4.4 General Notes: I . The contractor is responsible for contacting Milton Public Works staff prior to pavement marking application. 2. Any item which must be removed during the construction work and is not specially called for shall be removed by the contractor. The cost shall be included in other unit price bid. No claims will be considered for extra compensation. 3. All traffic control shall be provided by the contractor. 4. It is the intent of this contract for each unit price bid to include all labor, materials, equipment, tools, transportation, mobilization, and supplies as required as necessary to complete the work in accordance with the plans, specifications as directed, and the terms of this contract. 5. City reserves the right to extend the unit price for use on other City of Milton roadways. The general descriptions of each item of work are as described in the Georgia Department of Transportation's standards and specifications, complete and accepted. Any conflicts which FY14-PW12 Long Line Striping Project might occur during the course of the construction work or any conflicts which might be related to the compensation of any work shall be decided based on the Georgia DOT's standards and specifications. No claims will be considered for extra compensation. This project shall follow Georgia Department of Transportation Specifications. The most current GDOT Specifications and shelf Special Provisions apply to all work performed under this contract. In case of discrepancy between the unit price and the total price on the completed Bid Schedule, the unit price will prevail and the total price will be corrected. To bid on this contract, the Contractor must be listed on the current Georgia Department of Transportation Pre -Qualified Contractors list. No exceptions. SPECIAL PROVISIONS All work associated with this contract shall meet the Georgia DOT standard specifications for construction materials, methods and procedures not specifically listed in this solicitation. The following are special provisions prepared specifically for this contract and may be in conflict with parts of the standard specifications. If conflicts are evident the special provisions shall take precedence over the standard specifications. PROSECUTION AND PROGRESS Construction shall begin no later than 10 calendar days following the Notice to Proceed. The time of completion for the project is fifteen (15) calendar days from the date of the "Notice to Proceed." Inclement weather days will not count against the available calendar days. Normal workday for this project shall be 9:00 am to 4:00 pm and the normal workweek shall be Monday through Friday. The City will consider extended workdays or workweeks upon request by the Contractor on a case by case basis. The work will require bidder to provide all labor, administrative forces, equipment, materials and other incidental items to complete all required work. The City shall perform a Final Inspection upon completion of all work. The contractor will be allowed to participate in the Final Inspection. All repairs shall be completed by the contractor at his expense prior to issuance of Final Acceptance. 10% retainage will be held from the total amount due the contractor until Final Acceptance of work is issued by the City. The contractor shall provide all materials, labor, and equipment necessary to perform the work without delay unto completion. FY14-PW12 Long Line Striping Project PERMITS AND LICENSES The contractor shall procure all permits and licenses, pay all charges, taxes and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. QC/QA TESTING OF MATERIALS The Contractor will be responsible for all quality control testing (sampling, testing, and inspections) of materials incorporated into the project. All materials and workmanship shall meet appropriate GDOT specifications. Materials quality control testing types will meet GDOT specifications at a frequency equal to or exceeding that set by those specifications. Contractor shall secure the services of a GDOT qualified geotechnical testing firm to perform all required tests. Test results shall be provided to the City promptly as the work progresses. Tests shall meet GDOT Specs for type, method, and frequency. This work shall be considered incidental to the rest of the work and no separate payment will be made. Contractor will be responsible for replacing any work performed with material from rejected sample lot at no cost to the City. DEVIATION OF QUANTITIES The quantities given are estimates only and will vary from those indicated. Payment will be made based on actual quantities of work completed and accepted. The City reserves the right to add or delete quantities at any time. Contractor will notify the City in writing if additional items are identified or quantities of contract items will exceed plan. At no time will contractor proceed with work outside the prescribed scope of services for which additional payment will be requested without the written authorization of the City. TEMPORARY TRAFFIC CONTROL The contractor shall, at all times, conduct his work as to assure the least possible obstruction of traffic. The safety and convenience of the general public and the residents along the roadway and the protection of persons and property shall be provided for by the contractor as specified in the State of Georgia, Department of Transportation Standard Specifications Sections 104.05, 107.09 and 150. Traffic whose origin and destination is within the limits of the project shall be provided ingress and egress at all times unless otherwise specified by the City. The ingress and egress includes entrances and exits VIA driveways at various properties, and access to the intersecting roads and streets. The contractor shall maintain sufficient personnel and equipment (including flaggers and traffic control signing) on the project at all times, particularly during inclement weather, to insure that ingress and egress are safely provided when and where needed. Two-way traffic shall be maintained at all times unless otherwise specified or approved by the City. In the event of an emergency situation, the Contractor shall provide access to emergency vehicles and/or emergency personnel through or around the construction area. Any pavement FY14-PW12 Long Line Striping Project damaged by such an occurrence will be repaired by the Contractor at no additional cost to the City. The contractor shall furnish, install and maintain all necessary and required barricades, signs and other traffic control devices in accordance with the latest MUTCD and GDOT specifications, and take all necessary precautions for the protection of the workers and safety of the public.. All existing signs, markers and other traffic control devices removed or damaged during construction operations will be reinstalled or replaced at the contractor's expense. At no time will contractor remove regulatory signing which may cause a hazard to the public. The Contractor shall, within 24 hours place temporary pavement markings (paint or removable tape) matching existing pavement markings on milled or patched pavements. All personnel and equipment required for maintaining temporary traffic control, public convenience and safety will not be paid for separately and shall be incidental to other pay items. FYI 4 -PW 12 Long Line Striping Project SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE Release of ITB Deadline for Written Questions August 4, 2014 August 18, 2014 @ 5:00 PM *Submit via E -Mail (preferred) or Fax to Honor Motes of Purchasing Office City of Milton Addendum (on or about) August 22, 2014 (Official answers to questions and potential changes to ITB. Addendum will be posted at the same web locations as the ITB) Bids due August 28, 2014 at 2:00 p.m. Bids are due to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite -107F Milton, Ga. 30004 Contract Award (On/about) September 3, 2014 FY14-PW12 Long Line Striping Project Reference Only Subject to change SAMPLE CONTRACT AGREEMENT This Contract Agreement (the "Agreement') is made and entered into this day of 20_, by and between the City of Milton, apolitical 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 XA XXX, a with its principal place of business located at XX"XXX (hereinafter referred to as the "Contractor') (collectively referred to herein as the "Parties'). WITNESSETH: WHEREAS, the City issued a Invitation to Bid, dated AXXXaXXX XXX X, XX,1 ; and , forservices generally described as WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to perform the Work contemplated under this Agreement; and and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work; WHEREAS, based upon Contractor's bid in response to the Invitation to Bidfor ' ' 'XXXXXXX v the City has selected Contractor as the successful proposer; 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 the Work, and Contractor is aware that it must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises, public purposes, and the acknowledgements and agreements container) herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents 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. Invitation to Bid (and other bid related documents) attached hereto as Exhibit "A" (including the Project Specifications); C. Bid Documents from Contractor dated attached hereto as Exhibit "B D. Performance Bond, Payment Bond and Maintenance Bond, attached hereto collectively as Exhibit "C„ E. Non -collusion Affidavit of Prime Proposer, attached hereto as Exhibit "D FYI 4-PW12 Long Line Striping Project F. Final Affidavit, attached hereto as Exhibit "E"; G. Alien Employment affidavits attached hereto as Exhibits "F" and "G K SAVE affidavit attached hereto as Exhibit "11"; J. Key Personnel, attached hereto as Exhibit "J"; K. 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. Section 2. Proiect Description The Project is defined generally as follows:. 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 Specifications attached hereto and incorporated herein by reference). In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. The City will issue a Notice to Proceed, which Notice to Proceed shall state the dates for beginning Work and for achieving Final Completion of Work Work shall commence within ten (10) days of the City's issuance of the Notice to Proceed. Section 4. Contract Time Contractor warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. Contractor agrees to complete the Project within XM days f om the date of the City's issuance of a written Notice To Proceed. Section S. Contractor's Compensation; Time and Method ofPayment 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 Bid 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 Conti -actor is limited to the unit price amount set forth in the Bid 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 FY14-PW 12 Long Line Striping Project 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. 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, though the Contractor may arrange to pick up payments directly from the City or may make written requests for the City to deliver payments to the Contractor by Federal Express delivery 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. Work Changes A. "Change order" means a written modification of the Contract Documents, signed by the City and the Contractor. B. 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 and executed by the Contractor and City. Such change orders or construction change directives 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 lei -ins, and the Contractor shall proceed with the changed Work. C. Any Work added to the scope of this Agreement by a change order or construction change directive 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 or construction change directive duly executed on behalf of the City and the Contractor. D. The City Manager has authority 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 of this Agreement or increasing the total amount to be paid under this Agreement in excess of $50, 000. 00, must be approved by the City of Ililton Mayor and Council. Section 7. Covenants of Contractor. A. 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 of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. FY14-PW12 Long Line Striping 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. 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 full cost of correcting the Contractor's negligent or improper Work, the negligent or improper work of its contractors and subcontractors, and any harm caused by such negligent Work The Contractor's duties shall not be diminished by any approval by the City of Work completed or produced,- nor shall the Contractor be released from any liability by any approval by the City of Work completed or produced, it being understood that the City is ultimately relying upon the Contractor's skill and knowledge in performing the Work required under the Contract Documents. In the event that during the course of performing the Work, the Contractor discovers or reasonably should discover that there exists in any of the Contract Documents that is, in the Contractor's opinion, unsuitable, improper, or inaccurate for the purpose for which the document or data is furnished, Contractor shall promptly inform the City of such inaccuracies, impropriety, issues or concerns. D. Budketary 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 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 father agrees that no approval of designs, plans, specifications, or Work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, FY14-PW12 Long Line Striping Project F. G. K. J. 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. Contractor's Reliance on Submissions by the City Contractor must have timely information and input from the City in order to perform the Work 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. Contractor's Representative shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. Assignment ofAgreernent 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. Responsibility of Contractor and Indemnification of City 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 account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees, servants, volunteers and agents (hereinafter referred to as "City Parties') from and against any and all claims, injuries, suits, actions, judgments, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to, attorney's fees and costs of defense (hereinafter collectively `Liabilities'), which may be the result of willful, negligent or tortious conduct arising out of the 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 liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of the City or City Parties. 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 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 workrnen'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. 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 FY14-PW 12 Long Line Striping Project K. 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 andlor 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. 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 authorization. The Contractor shall assume fzdl 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. Insurance (1) Requirements: The Contractor shall have and maintain in fill 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 of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (3) (a) Comprehensive General Liability of $1, 000, 000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily 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) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 (one million dollars) 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 therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1, 000, 000 (one million dollars) per accident. Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability 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. FY14-PW12 Long Line Striping Project (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 stale 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 Coveraze: The insurer providing N"orkers' 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) Acceptability 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: V1.. (6) Verification of Covergge: 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 (I0) days of the Notice of Award. The City reserves the right to require complete, cert f ed 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 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. FY14-PW12 Long Line Striping Project (9) City as Additional Insured and Loss Pavee: 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. L. Bonds 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. Em,21ovnrent of Unauthorized Aliens Prohibited (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 -Verb program to be sworn under oath under criminal penalty of false swearing pursuant to O.CG.A. § 16-10-71), that it and Contractor's subcontractors have within the previous twelve (12) month period conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verb') 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. 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 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 "G ", and such subcontractor affidavit shall become part of the contractor/subcontractor agreement. Further, Contractor agrees to provide completed copies of Exhibit "G" to the City within five (S) business days of receipt from any subcontractor. 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 Agreement. The City Manager or his/her 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 J anager 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. FY14-PW 12 Long Line Striping Project Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C. G.A. § 13-10-91 and Rule 300-10-1-.02. Contractor's compliance with the requirements of O.C'.G.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 employee number category designated below is applicable to the Contractor. 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, the Contractor will secure from the subcontractor(s) such subcontractors ) 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. (2) SA VE Affidavit and Secure Verifiable Document Pursuant to O. C. G. 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 SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to 0.C.G.A. § 16-10-71), a form 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 Immigration Compliance Act (O. C. G.A. § 50-36-1). N. Records Reports andAudits (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. FYI 4 -PW 12 Long Line Striping Project (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. O. Conflicts of Interest 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. 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 any 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 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 unauthorized disclosure and use of City information whether specifically deemed confidential or 1701. 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 27 of Chapter I of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. O. 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 other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, before commencing Work, Contractor, at its own expense, will obtain all licenses, permits or other governmental authorizations needed to perform the Project ("Licenses'), including but not limited to any permits required by the EPA or the Georgia Environmental Protection Division, if any, and shall furnish copies of such permits to the City within ten (10) days of issuance. Contractor fiur•ther- agrees to maintain such Licenses and comply with the terms of all such Licenses throughout the term of 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. R. Hazardous Waste Contractor is obligated to handle all household hazardous waste and asbestos containing materials in accordance with applicable federal, state and local regulations, properly document those operations, and transport such hazardous waste to an appropriate landfill or disposal site. FY14-PW 12 Long Line Striping Project Contractor is further responsible for all tipping fees and all other related costs associated with such disposal of hazardous waste. All other hazardous waste material shall be reported to the City for coordination with U.S. Environmental Protection Agency or the Georgia Environmental Protection Division of the Georgia Department of Natural Resources. S Kev Personnel 11 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 recognizes 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 ofperformance and compensation. T 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. 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. Alleetin_S 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 good faith effort to resolve problems, may result in termination of the Agreement. Section 8. Covenants of the City A. Right o Entrx The City shall provide for right of entry for Contractor in order for Contractor to complete the Work. FY14-PW 12 Long Line Striping Project B. City's Representative XXXXXX shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative; provided any changes to the Work or the terms of this Agreement must be approved as provided in Section 6 above. Section 9. [Intentionally Omitted] Section 10. Termination A. Termination for 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. 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 S 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 maxinuun Contract Price agreed to herein. B. Termination for Cause. 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 fro-ther 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. C. 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 10(A) above. D. Upon termination, the Conti -actor 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. E. 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. Section 11. No Personal Liability Nothing herein shall be construed as creating any individual or personal liability on the part of any City Party. No City Party shall be personally liable to the Contractor or any successor irr interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or FY14-PW12 Long Line Striping Project successor or on any obligation under the terms of this Agreement. Likewise, Contractor's performance of services under this Agreement shall not subject Contractor'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 Contractor or the City, respectively, and not against any employee, officer, director, or elected or appointed official. Section 12. Miscellaneous A. Complete Agreement. This Agreement constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. 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. B. 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. C. 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 sant related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia. D. 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. E. 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. 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: City of Milton 13000 Deerfield Parkway Suite 107 City Manager Milton, GA 30004 NOTICE TO CONTRACTOR shall be sent to: G. 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. FY14-PW12 Long Line Striping Project H. Force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -will 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 orflood; (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. Any additional reasonable costs incurred by Contractor as a result of such extension may be added to the Contract Price subject to the terms of Section 6 and approval of a Change Order relating to same. All other obligations shall remain intact. 1. 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 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 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, color, 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(1) 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 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: XXXXXXX�i' [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of (signature) (print) FY14-PW 12 Long Line Striping Project Witness Notary Public [NOTARY SEAL] My Commission Expires: Approved as to form: City Attorney CITY OF MILTON [CITYSEAL] SIGNED, SEALED, AND DELIVERED in the presence of Witness Notary Public [NOTARY SEAL] My Commission Expires: FYI 4 -PW 12 Long Line Striping Project EXHIBIT "A" [Insert Invitation to Bidl EXHIBIT "B" [Insert Bid Documents/ FYI 4 -PW 12 Long Line Striping Project EXHIBIT "C" PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS THAT (as CONTRACTOR, hereinafter referred to as the `Principal'), and (as SURETY COLfPAIVY , 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 Dollars ($ ), lavvful money of the United States ofArnerica, 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 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 are as follows: That if the Principal shall fully and completely perform each and all of the terms, 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 harmless the City from any and all losses, liability and 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 event 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 FY14-PW 12 Long Line Striping Project 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 of the City. The Contractor's Surety hereby waives notice of arty 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 authorized officers or attorneys -in fact, this day of ,20 Attest: Title: Date: CONTRACTOR ("Principal") 0 Title: (signature) [AFFIX CORPORATE SEAL] (print) (SIGNATURES CONTINUE ON FOLLOWING PAGE/ FY14-PW12 Long Line Striping Project (signature) (print) Attest: (signature) (print) Title: Date: CONTRACTOR'S SURETY: By_(signature) (print) Title: (SEAL) (ATTACH SURETY'S POWER OF ATTORNEY) FY14-PW12 Long Line Striping Project 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 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 Dollars ($ ), 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. dated WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, which is incorporated herein by reference in its entirely (hereinafter referred to as the "CONTRACT'), for the construction of a project known as referred to as "the PROJECT'). (hereinafter NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any 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 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 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 of the 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 FYI 4 -PW 12 Long Line Striping Project 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 ,20 Attest: Title: Date: Attest: Title: Date: CONTRACTOR: MA Title: (signature) (printed) CONTRACTOR SURETY.• 0 Title: (signature) (printed) (A TTA CHSURE TY'SP0WER OF ATTORNEY) (signature) (printed) (SEAL) (signature) (printed) (SEAL) FYI 4 -PW 12 Long Line Striping Project STATE OF GEORGIA City of Milton EXHIBIT "D" NONCOLL USION AFFIDA VIT OF PRIME PROPOSER being first duly sivorn, deposes and says that.- (1) hat: (1) He is (Owner, Partner, Officer, Representative, or Agent) of XXXXXXXXXX (the "Proposer) that has submitted the attached Bid, (2) He is fully informed respecting their preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive of sham Bid; (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 Bid in connection with the Contract for which the attached Bid 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 tofix the price or prices in the attached Bid 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, (S) The price or prices quoted in the attached Bid are fair an proper and are not tainted by any collusion, conspiracy, connivance, or unlawf d agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit. (6) Proposer has not directly or indirectly violated O.C. G.A. § 36-91-21(d). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN TO BEFORE A4E THIS DAY OF , 2 p Notary Public My Commission Expires Date (SEAL) FYI 4 -PW 12 Long Line Striping Project EXHIBIT "E" FINAL AFFIDAVIT TO CITY OF MILTON, GEORGIA I, , hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by XUXM.. or any of its subcontractors in connection with the construction of the UXXXUXX 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 XKVXXXXXX. that he has read the above statement and that to the best of his knowledge and beliefsarne is an exact true statement. Notary Public [NOTARY SEAL] My Commission Expires FY14-PW12 Long Line Striping Project EXHIBIT "F" STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT 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 of the City has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Ver, 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 ofAuthorization Name of Contractor Name of Project Narne of Public Employer I hereby declare tinder penalty of perjur y that the foregoing is true and correct. Executed on , 201_ in (city), (state). Signature ofAuthorized 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: FY14-PW12 Long Line Striping Project EXHIBIT "G" STATE OF GEORGIA CITY OF MILTON SUBCONTRACTOR AFFIDAVIT 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 (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 -Verb, 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 ftom 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 as follows: Federal Work Authorization User Identification Number Date ofAuthorization Name of Subcontractor 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 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] (city), (state). FY14-PW12 Long Line Striping Project EXHIBIT "I" [RESERVED] EXHIBIT "J" KEYPERSQNNEL [Insert Key Personnel] END SAMPLE CONTRACT FY14-PW12 Long Line Striping Project EXHIBIT "B" BID FROM CONTRACTOR HOME OF 'THE °EST QUAMY OF LIFE IN, GEORGIA' NIL I LT 0 N ESTABLISHED 20LM, Bid Number: Project Name: 14-PWI2 FY14 LONG LINE STRIPING PROJECT Due Bate and Time: City of Milton August 28, 2014 Attn: Honor Motes, Purchasing Office Local Time: 2:00pm Number of Pages: 59 ISSUING DEPARTIVIENT INFORMATION Issue Date: August 4, 2014 City of Milton Public Works Department Phone: 678-242-2500 13000 Deerfield Pkwy, Suite 107F Fax: 678-242-2499 Milton, Ga. 30004 Website: )iivNv.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/Package: ��' e �. �e-v � r., e •� ;- rr.�; rte: � L,U C Bid Number: 14-PWI2 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office (Please punt name and sign in ink) 13000 Deerfield Pkwy Special Instructions: Suite 107F Deadline for Written {questions Milton, Ga. 30004 August 18, 2014 at 5:00 pm Email questions to Honor Motes at L BIDDERS MUST RETLMN ' 111S CONT, -P, SHEET NVI'TH BY1T RESPO, SE ; h 011,9r. in otes@cityofmiltonga.us BIDDERS !\MUST-COIIIPLETE TIIE, FOLLOWIN Bidder- Name/Address: Authorized Bidder Signatory: ��' e �. �e-v � r., e •� ;- rr.�; rte: � L,U C , (Please punt name and sign in ink) Bidder Phone Number: Bidder FAX Number: '-10(E, - 5,(.2-5 `l(-6-'<('3_'-)qL� Bidder Federal I.D. Number: Bidder E-mail Address: e Ee-V, L BIDDERS MUST RETLMN ' 111S CONT, -P, SHEET NVI'TH BY1T RESPO, SE ; FY 14-PWI2 Long Line Striping Project [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter terined the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 14-PW12 F'Y14 Long Line Striping Project The Bidder has carefiilly examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). All materials used in the process of completion of the work included in the Contract will be furnished from Georgia Department of Transportation certified suppliers only. It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to complete all Work within fifteen (15) calendar days from the Notice to Proceed. If weather affects the required completion schedule, The City and selected Bidder will negotiate a new completion date. FY14-PW12 Long Line Striping Project Attached hereto is ail executed Bid Bond in the amount of (Five Percent of Amount Bid). Dollars ($ 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 famish 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. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed V- a(, - ty Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this Iay ofd 20 Bidder Bidder Mailing Address: 600 C-6�'-�L� V- --s, GP, ? l9 bI Company Name Signature: Print Name: Title: E Ste, rn� FY14-PW12 Long Line Striping ProjectI M, ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITIS 14-PW12 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite 107F Milton, GA 30004 Phone: 678-242-2507 Fax: 678-242-2499 Email: hono r.motes acitvofmiltonQa.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: � E�V� �t'Qy��r,�;�.� f�c � VC; �C LCC J CONTACT PERSON: ADDRESS: +(9bo vee- CITY: � � ��rc.� s STATE: C, P� ZIP: 3 Lq 0 ci PHONE: '� — l�3 — e(�') FAX: `'i 3 `%(�-? EMAIL ADDRESS: 5 �� , , C Grr-, Signature Date ADDENDUM #1 ITB 14-PW12 Addendum #1 Pagel of 2 This Addendum forms a part of the contract documents and modifies the original RFQ documents as noted below: Questions and Answers 1. Can you provide the bid tabs/results from the last time this project was bid? — The project was awarded to Peek Pavement Marking. The Grand Total of Extended Price was $201,858.00. That did not include mobilization. 2. The Request For Bid Indicates that the most current GA DOT Specifications be used. The current specifications ( 2013 edition ) requires High Build Paint and Retro -reflectivity readings. The retro -reflectivity readings are also required on Thermoplastic Markings. Will High Build Paint and retro -reflectivity readings be required on this contract ? — No 3. Is it the intention of this contract to be used to re -stripe existing roads or to stripe roads that have been resurfaced or have no existing markings on them ? - The intention is overlay striping on existing. If markings are to be applied to roads or streets that have never had markings or roads that have been recently resurfaced, these roads usually require some sort of layout or temporary striping for before placement of permanent markings. Will the city consider providing a "temporary paint" unit price for layout ? - That issue would be covered in our reser facing contract. ITB 14-PW12 Addendum #1 Page 2 of 2 [BIDDERS MUST RETURN THIS FORM AVITH BID RESPONSE] BID BOND CITY OF MILTON, GEORGIA BIDDER (Mame and Address): PEEK PAVEDIENT iAI.ARKING, LLC -4600 PEEK INDUSTRIAL DRIVE, COLUMBUS, GA 31909 SURETY (Name and Address of Principal Place of Business): IIARTFORD ACCIDENT AND INDEi1INITY CO\IPANY- HARTFORD PLAZA, HARTFORD, CT 06115 OWNER (hereinafter referred to as the "Cine" (1,Iame and Address): City of Milton, Georgia ATTN: Purchasing Office 13000 Deerfield Parkway, Suite 107P Ivlilton, Georgia 3000; BD BD DUE DATE: AUGUST 28, 2014 PROJECT (Brief Description Including Loc(ation): FY14-PN1'12 LONG LINE STRIPING PROJECT BOND BOND NUIvLBER: NIA AUGUST 28, 2014 DATE (Not later that Bid due date): PENAL SUFI; FIVE PERCENT OF BID ANIOUNT----- (5%) (Words) (F i,-UreS) IN WITNFs'SS WHEREOF, Surety and Bidder, intending Lobe legally hound hereby to the City, subject to the tens 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. PEEK PAVEMENT MARKING, LLC (Seal) Bidder's Name alid Corporate Seal By: a"r2pri-- Sigiiature and Title: SURETY HARTFORD ACCIDENT AND INDED'INITY COMPANY (Seal) Surety's Name and Corpoyate Seal Sipature alt Tit/; JERRY BOUTWELL, ATTORNEY-IN-FACT (Attach Poherjo Attojjicy) a /I Attest ��^ Attest: L (17/1,4/m — Signature and Title: Signature and Title:Vy SHIRLEY COLEMAN, BOND N NAGER 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 Bidder, Surety, the City or any other party shall be considered phi ral where applicable. FY14-PW12 Long Line Striping Project 10. This Bond is nitended to confoi711 to all applicable statutory requirements, Any applicable requirement of any applicable statute that has been omitted Froin this Bond shall be deemed to be included herein as if set forth at length. If airy Prov sion of this Bond conflicts with ally applicable statute; their. the provision of said statute shall govern and the remainder of this Bond that is not in conflict thereAvIth 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. FY14-PWl2 Long Line Striping Project Direct Inquiries/Claims to: A PTHE HARTFORD Bond T-4 "OWER" OFATTORNEY One Hartford Plaza Hartford, Connecticut 06155 call. 888-266-3488 orfax: 860-757-5835) KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 20-260066 X� Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut 0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited Christopher B. Wortham, Jerry Boutwell, Leslie A. Paulsen, Shirley A. Coleman, Derek Wortham, Michael A. Jones of NORCROSS, Georgia their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by Z, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009, the Companies have caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. _�},Tr�x;fr 5g" tAt rx �v,v,t�s 'dS •A,� st co y�a.a+q*�t-.t ,w*r � - � � .+?�:" 8 i 19 B 7 : ^ ~ • o r f _ % t07% 1+.. 1yyV Z 9 7 J` tel.. � . T� � �'a���c..._-. 19�i• . G�*'ourN .e �yyA .:o. A'��t ,l y }� y -c a`r ......� s F •..._:.+� 2 q7 ��y Wesley W. Cowling, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD M. Ross Fisher, Vice President On this 12th day of July, 2012, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. Katbleen T. Maynard CERTIFICATE Notary Public My Commission Expires July 31, 2016 I, the undersigned, Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of August 28, 2 014 Signed and sealed at the City of Hartford. ����yyrr��� � 4�. c ra;�*v4 �,,•` t""c"ywvyt �,v 3V5, 197S r f 3t .•¢t a 19 yr ,rt•�� -trl /Y` LLQ. _..._ ._ . _...- ti Gary W. Stumper, Vice President POA 2012 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION 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, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature Date Print/Type Name V V-CIA16 e Print/Type Company Name Here �ee-V\Lt-t- CORPORATE CERTIFICATE I, key; r\.�et S , certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid;; that Qom who signed said bid in behalf of the Contractor, was then (title) € s s - of said Corporation; that said bid 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; that said Corporation is organized under the laws of the State of This �^ day of , 20 1'l ' / -G•2 (Seal) (Sijnature) FY14-PW12 Long Line Striping Project rfKIR-2710Hs a LIST OF SUBCONTRACTORS I do do not propose to subcontract some of the work on this project. I > >p p P J propose to Subcontract work to the following subcontractors: Company Name: ` 0-,CK �c-;r�� ��- Mc�G,4.e l—(—L FY14-PW12 Long Line Striping Project11M 1. i1111111111' EXHIBIT "F" STATE OF GEORGIA CITE' OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT 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 contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in 0. C. G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the fore attached hereto as Exhibit "G." Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. If(� I EEV / Basic Pilot Program User Identification Number h k4 BY: Authorized Offider or Agent Date ve.2G (Print Contractor Name) Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE Q4,-VDAY OF X1112 Notary Public My Cornmissi 200-1 FY14-PW12 Long Line Striping Project [BIDDERS MUST RETURN THIS FORM V T BID RESPONSE] BID SCHEDULE SECTION A: PAINT ITEM ITEM ESTIMATED UNIT NUMBER DESCRIPTION UNITS QUANTITY PRICE 1 5" Skip (10:30) Paint GLF 5,280 $ .07 (Unit Price in Words) seven cents 37,500 $ .10 EXTENDED PRICE $ 369.60 $ 3,750.00 37,500 $ .09 $ 3,375.00 1 $ 1.00 $ 1.00 SECTION A EXTENDED PRICE TOTAL: $ 7,495.60 SECTION B: THERMOPLASTIC 2 5" Solid Paint Yellow LF (Unit Price in Words) ITEM ten cents UNIT EXTENDED NUMBER DESCRIPTION UNITS QUANTITY 3 5" Solid Paint White LF (Unit Price in Words) 5" Skip (10:30) Thermoplastic nine cents .20 $ 1,056.00 _(Unit Price in Words) a Remove Existing Paint, 5 " LF (Unit Price in Words) twenty cents one dollar and zero cents 2 37,500 $ .10 EXTENDED PRICE $ 369.60 $ 3,750.00 37,500 $ .09 $ 3,375.00 1 $ 1.00 $ 1.00 SECTION A EXTENDED PRICE TOTAL: $ 7,495.60 SECTION B: THERMOPLASTIC ITEM ITEM ESTIMATED UNIT EXTENDED NUMBER DESCRIPTION UNITS QUANTITY PRICE PRICE 1 5" Skip (10:30) Thermoplastic GLF 5,280 $ .20 $ 1,056.00 _(Unit Price in Words) twenty cents 2 LF 200,000 $ .33 s66,000.00 5" Solid Thermoplastic Yellow (Unit Price in Words) _ thirty three cents 3 200,000 $_.32 M $64,000,00 5" Solid Thermoplastic White LF thirty two cents FYI' -PWI2 Long Line Striping Project jM2vmml. PEEK PAVEMENT LARKING, LLC (Unit Price in Words) Remove Existing 4 Thermoplastic, 5" LF (Unit Price in Words) one dollar and zero cents $ 1.00 $ 1.00 SECTION B EXTENDED PRICE TOTAL SECTION C: RAISED PAVEMENT MARKERS ITEM ITEM ESTIMATED UNIT NUMBER DESCRIPTION UNITS QUANTITY PRICE Yellow Rectangular Two - Way Marker (every 80FT, 2 per placement) (Unit Price in Words) four hundred twenty nine MILES dollars and zero cents 429.00 $ 131,057.00 EXTENDED PRICE $ 2,145.00 SECTION C EXTENDED PRICE TOTAL: $ 2,145.00 GRAND TOTAL OF EXTENDED PRICE: $ 140,697.60_ GRAND TOTAL OF EXTENDED PRICEJPRINTED): One hundred forty thousand six hundred ninety seven dollars an sixty cents Fill out "Unit Price" column, "Extended Price" column, and "Grand Total of Extended Price"" Actual price to the City will be based on actual quantity multiplied by the bid "Unit Price". It is the intent of this project for each zznit price bill to include all labor, materials, equipment, tools, transportation, mobilization, and supplies as regidrecl as necessary to complete the work in accordance with the plans, specifications as directed, including, and the tern zs of this project. FY14-PW12 Long Line Striping Project � � PEEK PAVEMENT MARKING, LLC Number of days to fiilly complete project (exclude weather related days) 1 In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will famish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY Fe -Q -v- LL, -- ADDRESS "V'0o AUTHORIZED SIGNA PRINT / TYPE NAME 1S TITLE FY14-PW12 Long Line Striping Project DISCLOSURE FORM 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 bid package when it is submitted. Name of Bidder PCJZ�C �G 4_1 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. AmountNalue Description r / 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: �U//- FY14-PW12 Long Line Striping Project STATE OF GEORGIA City of Milton EXHIBIT "D" NONCOLL USIONAFFIDAVIT OF PRIME PROPOSER �` being first duly sworn, deposes and says that: (1) He is (Owner; Partner, Officer, Representative, or Agent) of XVCOL = (the "Proposer') that has submitted the attached Bid; (2) He is filly informed respecting their preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive of sham Bid; (4) Neither the said Proposer nor- any of its officers, partners, owners, agents, representatives, employees, orparties 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 Bid in connection with the Contract for which the attached Bid has been submitted to or refrain Born 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 Bid 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) Die price or prices quoted in the attached Bid are fair an proper and are not tainted 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. (6) Proposer has not directly or indirectly violated O.C.G.A. § 36-91-21(d). Signature ofAutho • zed Officer orAgent Printed Name and Title ofAuthorized Officer Or Agent SUBSCRIBED AND SWORN TO BEFORE ME THIS ; L-V+�- DAY OF , 20 .Notary,Pu � z n r ? = (SEAL) My Conim—Bsiaii 4WWA'e FY14-PW12 Long Line Striping Project EXIIIBIT "F" STATE OF GEORGL4 CITY OF MILTON CONTRACTOR AFFIDAVITAAD AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, frin, or corporation which is engaged in the physical perfornnance 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-Tlerify, 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. Lk kt , Rs Federal Work Authorization Userldentification Number Date of Authorization Name of Contractor ?z,,,� SLE- Name of Project Name of Public Employer I hereby declare underpenalty ofperjury that the foregoing is true and correct. Executed on -' {{ a "� �' 201 ( Yin CJ-- ' city), (state). Signatarre of Author -ed Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND STVORNBEFORE ME 2� ON THIS THE A- fo, � DA Y OF 201 Notary Public .•,. ............. . [•NOTARY 6 - r'�.1 E 11y Commissmn Expittss„ 4 :: - FYI 4-PW12 Long Line Striping Project EXHIBIT "G" STATE OF GEORGIA CITY OF MILTON SUBCONTRACTOR AFFIDAVIT By exectitting 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 (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.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work- authorization orkauthorization pr-ograin 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 zuhdersigned subcontractor will forward notice of the receipt of an affidavit fi•onh 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 aifdavrt fi"om 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 as follows: Federal MorkAuthorization User Identification Number Date ofAuthorization Name of Stibcontractor Name of Project Nance of Public Employer I hereby declare underpenalty ofperjury that the foregoing is true and correct. Executed on ,201 in Signature ofAuthorized Officer or Agent Printed Name and Title ofAuthorized Officer or Agent SUBSCRIBED AND SWORN BEFORE 117E ON THIS THE DAY OF 201 Notary Public [NOTARY SEAL] (city), (state). FY14-PW12 Long Line Striping Project EXHIBIT "C" BONDS PF .CITY OF AIMTON, GEORGIA BOND NO. 20BCSGI8327 THAT Peek Pa 6. Yenjent.14arkincr1LLC, to. as the _ (as CONTRACTOR, lie dflei rred, 'T rill I ORD.ACC'IDENT AND INDEMNITYCOMPANY (as. SURETY C-OMPANY,. I!OrOixiaftok referred to as the `C' are ONTRACTOR'S• SURETY.),., held and finplv.bound unto.,the, City of:-W�qi,3 GeorgiaOWNER; Hereinafter e after referred to as. the for.tlie use dnd, biiefit'b any claimant." AsIeretuafter defined, in the; suin of -eighty lhousand-dollars 30;.000:00);14W'U.money.of the United States- of.Americ-a, 0 for the �p4yli3.eiitcif whish the 'Principal and,. heColitractor-sSur . ety bind tliernselves. their heirs, n..i.s.raors,_stiecegsbfs-:and ''ass"lgns ofiitlyand severally, fin-nly by these presents. ::ojr',i8 'about tt Pei: a1h agr eennent with the City, 2014'. -which ig-jiico orated P . .. .... I.erein.by ref6reiice in its &.to as �he"CONTRACT"), s ei�tixeiy (hereinafter refetrefor the project 16-jown as"Long Line S(ripin9 Project; -.(herth-iafler-referred to as "the FROIECT"). TOW THEREFORE the conditions. .5 bf this obligation are as follows: 'niat if the Principal shall fully and completely perfon-n each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guaxantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter beoracle, and.if the Principal and. the Contractor's Surety shall indemnify -and hold harmless the City froin,.any and all losses, liability and damages, claims, judgments, liens, costs and. fees of every description, including Peek. Pavement I�2c a king, IrL zzY fatShortnacy Cin' Title:. t�n.•4.,-,�- � ����'�S}��` �� Date: HARTFORD ACCIDENT AND INDEMNITY COMPANY (IVame.of Contr6ictoL's Suret}�) (B �y, e- JERRY BO,. VELL, ATTORNEY-IN-FACT f SEAL SHIRLEY COLEMA Date: i i -- i (ATTACH SURETY'S POWER OF ATTORNEY) 27 Direct Inquiries/Claims to: POWER OF ATTORNEYTHE HARTFORD Bond T-4 One Hartford Plaza Hartford, Connecticut o6155 call: 888-266-3488 or fax: 860-757-5835) KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 20-260066 u Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut 0 Hanford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana X� Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited Christopher B. Wortham, Jerry Boutwell, Leslie A. Paulsen, Shirley A. Coleman, Derek Wortham, Michael A. Jones of NORCROSS, Georgia their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009, the Companies have caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. f 'p" �� : .we., o.rri' w X40 j e• -.t' p++a+,tk 3rvrovra+ Y }"rs •' �++.�� 949 * Tiny" �.rn+ YA';',y. J • * '� AltEflucS* 'rr.+w+'� „� Wesley W. Cowling, Assistant Secretary M. Ross Fisher, Vice President STATE OF CONNECTICUT J ss. Hartford COUNTY OF HARTFORD On this 12th day of July, 2012, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority, r ws►+�r � �1 ! Kathleen T. Maynard CERTIFICATE Notary Public Nly Commission Expires July 31, 2016 I, the undersigned, Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct Copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Signed and sealed at the City of Hartford. "IW -Al. 07 W97oms >Y911) L Gary W. Stumper, Vice President POA 2012 PAYMENT BOND BOND NO. 2OBCSGI8327 CITY 01FINILT DN, Ok' GIA J,KNOW ALL, . ))4.EN.BY, SE PRESENTS TUB .TPeek.PaYeiuent CONTRACTOR, dlpall")and. -HARTFORD ACCIDENT AND INDEMNITY COMPANY - HARTFORD PLAZA, HARTFORD, CT 061158uRE .. - TY COMPANY, hereinafter Teferred'fo as:the-'!VONTRAQTOR-2 S'SURETY,9-, are held and fh .1y - b City of �mpujid unto the �iIv - Milton, 66orgia (as OtiVNER, hereinafter to; as th6 "Gy-% for the use and benefit -of atiy "Claim. alit;".as hereinafter defined,: tithe p e,thousand-dolla�ts ($K,00' f,-i..gVy. 0.,Gq) lawful money of United: States ofAinericajorAhe payment of which the Principal and the Conlmdb 's 8uret t'.. r . y bind tbdrusell,ds., th6lx' * s.. executors, admirlistrators, successors and assigns .jgintly andseyjjy;:fj _pK Bents- WH-EREAS,JI1b--'P pn ere.,.49risl-a I'ib but to a.cer eil eenient With the it which its entirety Gereinafter referred -to as.1he C-0 TR -A ' ­ .. . 1. ..N PT*.'.), for the construction ofaprQject IGiown as Long Line Stri . ''! ,pihg Pr0ject (11tremfter referred to as "the PROJECT') NOW THEREFORE., - E., the condition of this obligation . I I is such that if. the Principal shall promptly make payment to any 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 farriishing labor, services. or materials used or reasonably . onably required for use in the performance of the Contract, -"rithout regard . to whether such labor, services or SHfRLE'Y COLEMAN Date;-: 1) (ATTACH SURETY'S 7POWER OF ATTO,RN-P-,Y) Direct Inquiries/Claims to: POWER OF ATTORNEYTHE HARTFORD Bond One Hartford Plaza Hartford, Connecticut 06155 call: 888-266-3488 orfax: 860-757-5835) KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 20-260066 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana 0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited Christopher B. Wortham, Jerry Boutwell, Leslie A. Paulsen, Shirley A. Coleman, Derek Wortham, Michael A. Jones of NORCROSS, Georgia their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009, the Companies have caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. # >9' a 0141791. On this 12th day of July, 2012, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. . �tso •6 'Kccryf�•�•� � �l?cc�'m-e� at.Q Kathleen T. Maynard CERTIFICATE Notary Public My Cormnission Expires July 31, 2016 I, the undersigned, Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Signed and sealed at the City of Hartford. Ylly„� v9G''' � ►„�aHw�,t>, t `" az:aci.,t. 5+�• ���i��S'�'s�mt ha'�Z,(9+t'�'�k1c •atr'•at}� �y GS-117 fj2449� •� . rte. Gary W. Stumper, Vice President POA 2012 Wesley W. Cowling, Assistant Secretary M. Ross Fisher, Vice President STATE OF CONNECTICUT I ss. Hartford COUNTY OF HARTFORD On this 12th day of July, 2012, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. . �tso •6 'Kccryf�•�•� � �l?cc�'m-e� at.Q Kathleen T. Maynard CERTIFICATE Notary Public My Cormnission Expires July 31, 2016 I, the undersigned, Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Signed and sealed at the City of Hartford. Ylly„� v9G''' � ►„�aHw�,t>, t `" az:aci.,t. 5+�• ���i��S'�'s�mt ha'�Z,(9+t'�'�k1c •atr'•at}� �y GS-117 fj2449� •� . rte. Gary W. Stumper, Vice President POA 2012 EXHIBIT "D" NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER STATE OF GEORGIA CITY OF MILTON being first duly sworn, deposes and says that: Ha Shortnacy (1) He is —B F caner, Partner, Officer, Representative, or Agent) of Peek Pavement Marking, LL t e os " ?oper t is Lias 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 Proposal are fair an proper and are not tainted 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. (6) Proposer has not directly or indirectly violated O.C.G.A. § 36-91-21(d). Signature 4AutzedOfficer or Agent Hai Shortnacy Printed M9 MR Officer or Agent SUBSCRWD AND SWORN TO BEFORE ME w����������������i THIS DAY OF (' , 20 �\\' � � A ..... ota Public . _; _ FMM�SS• �C 'o p�RESON i,�'Q/sy2q 2011 .: My Commission Expires '/�i,���C'O!(j�jt ```G���`a� Date 28 EXHIBIT "E" 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. § 13-10-91, 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: eVerify Number 15.2C)C) Date of Authorization Peek Pavement Marking, LLC Name of Contractor Long Line Striping Project Name of Project City of Milton Name of Public Employer 29 I hereby declare under penalty of perjury that the foregoing is true and correct. Executed ori o- �, 201 in (state). SignaWi hf 6A thorized bfficer or Agent omiacy Division Manager, Administration Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON HIS THE _ DAA' OF ,201 ARy4 PtW9kIIllllhj .o`���PTRIk C�kPe S/O My Cort r 4i Expi N l 201.�� 1/1WI, fill I III 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 Peek Pavement Marking, LLC 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 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: I hereby declare under penalty of perjury that the eVerify Number foregoing is true and correct. Date of Authorization Click here to enter text. Name of Subcontractor Long Line Striping Project Name of Project City of Milton Name of Public Employer 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 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: EXHIBIT "H" FINAL AFFIDAVIT TO CITY OF MILTON, GEORGIA I, , hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by Peek Pavement Marking, LLC or any of its subcontractors in connection with the implementation of the Long Line Striping Project 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 Peek Pavement Marking, LLC 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 EXHIBIT "I" During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Consultant"), agree as follows: 1. Compliance with Regulations The Consultant shall comply with the Regulations relative to nondiscrimination in federally -assisted programs of the Department of Transportation (hereinafter referred to as DOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. Nondiscrimination The Consultant, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the Consultant for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, or national origin. 4. Information and Reports The Consultant shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the (Recipient) or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the (Recipient), or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Noncompliance In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract, the (Recipient) shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Consultant under the contract until the Consultant complies; and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions The Consultant shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Consultant shall take such action with respect to any subcontractor or procurement as the (Recipient) or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Consultant may request the (Recipient) enter into such litigation to protect the interests of the state and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. H HOME Of ' A4 I -LION ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 22, 2014 FROM: City Manager AGENDA ITEM: Approval of an Extension for the Amendment to the Contract with Tyler Technologies, Inc. for Incode Software to Add the Business License Module, MEETING DATE: Monday, January 5, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER:V�,APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. YES (j NO CITY ATTORNEY REVIEW REQUIRED:] YES (} NO APPROVAL BY CITY ATTORNEY OAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: O] 05 l� REMARKS ® .' You ,N., PHONE: 678.242.25001 FAX: 678.242,2499 � Green 1p *Ceaifted info@cityofmiltonga.us I www.cityofmiltonga.us WILDLIFECommunity ;r F{�';� # 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 '."'ff To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on December 22, 2014 for the January 5, 2015 Regular Council Meeting Agenda Item: Approval of an Extension for the Amendment to the Contract with Tyler Technologies, Inc. for Incode Software to Add the Business License Module Department Recommendation: Approve the extension as written. Executive Summary: On November 17, 2014, an amendment to the contract with Tyler Technologies, Inc. was approved allowing us to move forward with adding the business license module to our Incode Software. It has since been determined that Tyler’s programmers would be unable to meet the April 30th deadline for the conversion. They have requested an extension of one month in order to fully convert everything from Energov to Incode. Since the extension contract needed to be signed by December 31, 2014, our attorney suggested that the City Manager sign it and then bring it before the council for ratification at a later date. Funding and Fiscal Impact: No additional funding is needed. Alternatives: There are no other attractive alternatives to offer. Legal Review: Elizabeth Whitworth – Jarrard & Davis (12/10/14) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Approval of Extension agreement Approval of Extension This document (the "Approval of Extension") is added to Contract number 2010---0051, dated April 19, 2010 ("Agreement") as amended by the First Amendment dated Nov. 30, 2014 ("First Amendment") between Tyler Technologies, Inc., a Delaware corporation ("COMPANY"), and the City of Milton, Georgia, a political subdivision of the State of Georgia acting by and through its City Council and May ("CLIENT'). This Approval of Extension is effective as of the date of signature of the last party to sign ("Effective Date"). COMPANY and CLIENT agree as follows: Pursuant to Paragraph 7 of the First Amendment, whereby the date "April 30, 2015" may be extended by mutual consent of the parties in a writing signed by both, the parties hereby extend that date to May 29, 2015. All terms and conditions of the Agreement as amended by the First Amendment, remain in full force and effect and govern this Approval of Extension. ACCEPTED BY: CLIENT: Milton, Georgia By: Name: _Chris Lagerbloom Title: _City Manager Date: 1222( [City Seal] Attest: 5-YH 6,n leq Print: Its: City Clerk Amendment Tyler Technologies, Inc COMPANY: Tyler Technologies, Inc. 3 Name: S. Brett Cate Title: President. Local Government Division Date: [Corporate Seal] Attest: Its: Executive Vice President --- Finance WIN HOME OF' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 22, 2014 FROM: City Manager AGENDA ITEM: Proclamation Recognizing Home Depot for Freedom Park Efforts. MEETING DATE: Monday, January 5, 2015 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 ( NO CITY ATTORNEY REVIEW REQUIRED: () YES K) NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS 0LO'S IS YouQ,i PHONE: 678.242,2500 1 fAX: 678,242.2499*c•T,rd* infoCcityofmiltongo.us I www.cityofmiltonga.us + t Community i, E"h,"f i- 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ,�''B'-"# Recognizing The Home Depot WHEREAS, on November 8, 2014 representatives from The Home Depot stores #149 (Milton) and #1755 (Roswell) came to Freedom Park to participate in a community improvement project; and WHEREAS, as part of that effort, The Home Depot demonstrated its commitment to supporting the communities they serve; and WHEREAS, through this kind gesture, these Home Depot employees displayed their dedication and honor to veterans of our Armed Forces; and WHEREAS, more than sixty pallets of landscaping materials were donated to the city for Freedom Park with a value exceeding $3,000; and WHEREAS, The Home Depot brought a team of nearly thirty people who enthusiastically worked over six hours spreading the landscaping materials throughout the park; and WHEREAS, all of these efforts beautified Freedom Park in preparation for the city’s first Veteran’s Day celebration. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, formally thank the men and women of The Home Depot stores in Milton and Roswell for their service and contribution. Given under our hand and seal of the City of Milton, Georgia on this 5th day of January, 2015. ________________________________ Mayor Joe Lockwood HOME OF ' I % ESTA11LISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 31, 2014 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Article VI, Financial Management Program, Division 7 — Debt Management Policy. MEETING DATE: Monday, January 5, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER.' 64AXPPROVED CITY ATTORNEY APPROVAL REQUIRED: (41YES CITY ATTORNEY REVIEW REQUIRED: t�S APPROVAL BY CITY ATTORNEY PLACED ON AGENDA FOR REMARKS (k,eA'PPROVED () NOT APPROVED () NO () NO () NOT APPROVED ® You ja* ,t PHONE. 678.242.25001 FAX: 678.242.2499 Gireen0 *Cern9rd* roP�ou C)Iy „r info@cityofmiltonga.us i www.cityofmiltonga.us ++ti Community $��Et ;� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 -'-�' �' �`i Sec. 2-503. - Purpose; findings. (a) Goals. The goal of this division is to: (1) Maintain a sound fiscal position, thereby only utilizing long-term debt to provide resources to finance needed capital improvements, while accumulating adequate resources to repay the debt; and (2) Maintain and improve the city's credit rating through strong financial administration. (2)(3) To comply with all applicable federal and state laws, rules and regulations related to the issuance of tax-exempt debt (the “debt”). (b) Acknowledgments. (1) The city acknowledges that failure to meet the demands of growth may inhibit its continued economic viability, but also realizes that excess outstanding debt may have detrimental effects on the ability of the city to meet its continuing operational needs. Issuing debt commits the city's revenues several years into the future, and may limit its flexibility to respond to changing service priorities, revenue inflows, or cost structures. Adherence to this division helps ensure that the city issues and manages its debt prudently in order to maintain a sound financial position and protect its credit rating. (2) Credit ratings are the rating agencies' assessment of the city's ability and willingness to repay debt on a timely basis. Credit ratings are an important indicator in the credit markets and can influence interest rates a borrower must pay. Each of the rating agencies believes that debt management is a positive factor in evaluating issuers and assigning credit ratings. Therefore, implementing debt management practices will be viewed positively by the rating agencies and could influence the city's credit rating and ultimately lower borrowing costs. (c) Scope. This policy (the “policy”) applies to all debt issued by or for the benefit of the City of Milton, Georgia (the “city”) and is related entities. (d) Responsibility. The City Treasurer shall be administratively responsible for the policy. The City Treasurer shall be responsible for reviewing the requirements and responsibilities of the city under the policy with bond counsel on or before the closing date of any debt issued by the city. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-504. - Conditions for issuing debt. (a) Long-term. Debt financing for capital improvements and equipment will be generally used when at least one of the following conditions exist: (1) When one-time, noncontinuous projects (i.e., those not requiring annual appropriations) are desired; (2) When the city determines that future users will receive a benefit from the capital improvement that the debt financed; (3) When the project is necessary to provide basic services to the city residents; Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Center + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: Italic (4) When the total debt, including debt issued by overlapping governments (i.e., the county), does not constitute an unreasonable burden to the taxpayers; and (5) Exhaustion of the use of all other possible revenue sources provides no alternative funding for capital projects. (b) Short-term. The city will limit its short-term borrowing to cover cash flow shortages through the issuance of tax anticipation notes. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-505. - Sound financing procedures. When the city utilizes debt financing, the following will occur to ensure that the debt is soundly financed: (1) Analysis of the financial impact, both short-term and long-term, of issuing the debt; (2) Conservatively projecting the revenue sources that the city will use to repay the debt; (3) Ensuring that the term of any long-term debt the city incurs shall not exceed the expected useful life of the asset the debt financed; and (4) Maintaining a debt service coverage ratio (i.e., for revenue secured debt) that ensures that the revenues pledged for the repayment of the outstanding debt will be adequate to make the required debt service payments. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-506. - Debt retirement requirements. (a) Generally, borrowings by the city should be of a duration that does not exceed the economic life of the capital improvement that it finances and, where feasible, should be shorter than the projected economic life. (b) To the extent possible, the city should design the repayment of debt so as to recapture rapidly its credit capacity for future use. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-507. - Full disclosure required. (a) The city shall follow a policy of full disclosure in financial reporting and with the preparation of a bond prospectus. (b) The city shall record and comply with any continuing disclosure undertaking entered into with respect to debt. The City Treasurer shall catalogue and determine any continuing disclosure undertaking entered into by the city prior to the imposition of the policy to ensure that its continuing disclosure obligations will be updated nad satisfied going forward. (c) The City Treasurer will implement appropriate procedures to ensure that annually recurring disclosure obligations are timely fulfilled. Formatted: Font: (Default) Times New Roman, 12 pt, Font color: Gray-80% Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Center + Aligned at: 0.25" + Indent at: 0.5" (d) Upon the occurrence of an event requiring the filing of an events notice under any continuing disclosure obligation, the City Treasurer will ensure such event notice is filed within ten business days of the occurrence of such event. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-508. - Compliance with local, state and federal regulations required. (a) When issuing debt, the city shall comply with all legal and regulatory commission requirements, including the continuing disclosure requirements. This compliance includes adherence to local, state and federal legislation and bond covenants. (b) More specifically, the city manager's office is responsible for maintaining a system of recordkeeping and reporting to meet the arbitrage rebate compliance requirements of the federal tax code. This effort includes: (1) Tracking investment earnings on bond proceeds; (2) Calculating rebate payments in compliance with tax law; and (3) Remitting any rebatable earnings to the federal government in a timely manner in order to preserve the tax-exempt status of the city's outstanding debt issues. Additionally, general financial reporting and certification requirements embodied in bond covenants are monitored to ensure that all covenants are complied with. (c) The city will comply with amended SEC Rule 15c2-12 (the "Rule") by providing secondary market disclosure for all long-term debt obligations which are subject to the Rule. As required, the city will submit annual financial information to all nationally recognized municipal securities repositories. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-509. - Maintaining credit ratings. The city manager's office is responsible for maintaining relationships with the rating agencies that assign ratings to the city's various debt obligations. This effort includes providing periodic updates on the city's general financial condition along with coordinating meetings and presentations in conjunction with a new debt issuance. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-510. - Other policies. (a) All bond issue requests shall be coordinated by the city manager's office. Requests for new bonds must be identified during the capital improvement program (CIP) process. Opportunities for refunding outstanding bonds shall be communicated by the city treasurer's office. (b) Annual budget appropriations shall include debt service payments (i.e., interest and principal) and reserve requirements for all debt currently outstanding (c) Long-term borrowing shall be incorporated into the city's capital improvement plan. Formatted: Font: (Default) Times New Roman, 12 pt, Font color: Gray-80% (Ord. No. 06-11-05, 11-21-2006) Secs. 2-511—2-529. - Reserved. Sec. 2-511. – Dissemination and training. (a) The policy shall be disseminated to all relevant personnel in the city and to the auditor. (b) The City Treasurer shall provide appropriate training to all personnel directly involved in the administration of tax-exempt debt to ensure they comply with the provisions of the policy. The City Treasurer shall consult, as appropriate, with qualified attorneys with respect to the content of such training. Sec. 2-512. – Review. (a) The policy shall be reviewed and revised annually by the City Treasurer and redistributed to all relevant personnel in the city and to the auditor. (b) The City Treasurer shall annually conduct a due diligence review of all debt currently outstanding to ensure proper compliance with each of the provisions of the policy. If the City Treasurer discovers non-compliance with any provisions of the policy, steps necessary to correct the non-compliance will be taken within ten business days of the conclusion of the annual due diligence review. Records of all corrective action taken shall be retained in accordance with the policy. Sec. 2-513. – Record keeping. All records relating to the debt needed to comply with Section 6001 of the Internal Revenue Code of 1986, as amended (the “code”) shall be maintained. These records shall be kept in paper or electronic form and shall include, among other things, (1) Basic records relating to the transaction (including the bond documents, the opinion of bond counsel, etc.), (2) Documents evidencing the expenditure of the proceeds of the debt, (3) Documentation evidencing the use of debt-financed property by public and private entities (e.g., copies of management contracts, leases and research agreements) and (4) Documentation pertaining to any investment of debt proceeds (including the purchase and sale of securities, SLG subscriptions, yield calculations for each class of investments, actual investment income received from the investment of the proceeds of the debt, guaranteed investment contracts and rebate calculations. Such records must be maintained as long as the debt is outstanding, plus three years after the final payment or redemption date of the respective debt. Sec. 2-514. – Use of proceeds. Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Center + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: Not Bold Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Center + Aligned at: 0.25" + Indent at: 0.5" Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" A list of all property financed with the proceeds of the debt shall be created and maintained. The use of such property shall be monitored to ensure that such use does not constitute “private business use” within the meaning of the code. Without limiting the foregoing, each contract, including, but not limited to, management contracts and leases, relating to such property shall be reviewed by legal counsel prior to the execution of such contract. The list of property shall be reviewed at least annually to ensure that none of the property has been sold. Sec. 2-515. – Remedial action. In the event that property financed with the proceeds of the debt is used in a manner that constitutes “private business use” or the property is sold, the remediation provisions of Treasury Regulation § 1.141-12 shall be carried out in consultation with bond counsel. Sec. 2-516. – Yield restriction. If bond counsel advises that a fund or account needs to be yield restricted (i.e., not invested at a yield in excess of the debt), the moneys on deposit in such fund or account shall be invested in United States Treasury Obligations – State and Local Government Series, appropriate “yield reduction payments” shall be made if permitted by the code or the City Treasurer shall establish other procedures to ensure that such fund or account is yield restricted. Sec. 2-517. – Rebate. At the time the debt is issued, the City Treasurer shall determine if he or she reasonably expects that one of the arbitrage rebate exceptions will be satisfied. If the arbitrage rebate exceptions relates to the time period over which the proceeds of the debt are spent, the City Treasu rer shall verify that the appropriate expenditures have been made at each milestone. If one of the milestones is not satisfied or the City Treasurer does not reasonably expect that one of the arbitrage rebate exceptions will be satisfied, an outside arbitrage rebate consultant shall be retained unless the City Treasurer has determined that positive arbitrage will not be earned. Secs. 2-518 – 2-529. Reserved. Formatted: Font: (Default) Times New Roman, 12 pt HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 22, 2014 FROM: City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Windward Parkway Restaurant, LLC dba Ray's New York Pizza, Located at 5230 Windward Parkway, Suite 105, Milton, Georgia 30004. MEETING DATE: Monday, January 5, 2015 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 NO CITY ATTORNEY REVIEW REQUIRED. () YES NO APPROVAL BY CITY ATTORNEY () APPROVED {) NOT APPROVED PLACED ON AGENDA FOR: t -j 1 O S 1 S REMARKS © * Your _ PHONE: 678.242.25001 FAX: 678.242.2499Green` v, *ccr&.d* 1ap•140 Cio lnfo@cityofmiitonga.us I www.cityofmiltonga.us �+® Community i Erhi F .� 73000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on December 22, 2014 for the January 5, 2015 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Windward Parkway Restaurant, LLC dba Ray’s New York Pizza, Located at 5230 Windward Parkway, Suite 105, Milton, GA 30004. ____________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license to Windward Parkway Restaurant, LLC dba Ray’s New York Pizza for consumption on premises of wine, malt beverages, and distilled spirits. 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. This application was submitted due to a change in ownership and the addition of distilled spirits to the license. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Windward Parkway Restaurant, LLC dba Ray’s New York Pizza Contact Name: Joseph Karam Business Address: 5230 Windward Parkway, Suite 105, Milton, GA 30004 Type of License: Consumption on Premises - Wine, Malt Beverages, and Distilled Spirits 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 John A Huey, Interim Chief of Police Kathleen Field, Director of Community Development Attachment(s): None. I: ■ HOME OF' L ON*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 22, 2014 FROM: City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Article of Faith Enterprises, LLC dba Ricco's, Located at 14155 Highway 9, Suite 500, Milton, Georgia 30004. MEETING DATE: Monday, January 5, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES NO CITY ATTORNEY REVIEW REQUIRED., O YES NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS &I 0a I S' ®You PHONE: 678.242.25001 FAX: 678.242,2499-e+n ;Certilied* ap10' infoC>cifyofmiltonga.us 1 www.cifyofmilfonga.us nC lLnLIFL ommunityEth;c' 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 "� 4'1 a'. To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on December 22, 2014 for the January 5, 2015 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Article of Faith Enterprises, LLC dba Ricco’s, Located at 14155 Highway 9, Suite 500, Milton, GA 30004. ____________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license Article of Faith Enterprises, LLC dba Ricco’s for consumption on premises of wine, malt beverages, and distilled spirits. 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: Article of Faith Enterprises, LLC dba Ricco’s Contact Name: David Lupica Business Address: 14155 Highway 9, Suite 500, Milton, GA 30004 Type of License: Consumption on Premises - Wine, Malt Beverages, and Distilled Spirits 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 John A Huey, Interim Chief of Police Kathleen Field, Director of Community Development Attachment(s): None. J HOME OF' I M LTO N*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 22, 2014 FROM: City Manager AGENDA ITEM: Consideration of a Resolution and Ordinance Amending the Charter for the City of Milton, Georgia. MEETING DATE: Monday, January 5, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: Y APPROVED CITY A TTORNEY APPRO VAL REQUIRED:) YES CITY ATTORNEY REVIEW REQUIRED: �\ YES APPROVAL BY CITY ATTORNEY (APPROVED PLACED ON AGENDA FOR: b1o5t5 REMARKS O NOT APPROVED O NO () NO () NOT APPROVED 9110 You(M PHONE: 678.242.2500 j FAX: 678.242.2499 Green v xCC==ifi* 1op10 info@cityofmAtonga.us www.cityofmiltonga.us COn1n1Ynity i hi 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 1 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION/ORDINANCE NO. ______ A RESOLUTION AND ORDINANCE AMENDING THE CHARTER FOR THE CITY OF MILTON, GEORGIA WHEREAS, Article IX, Section II, Paragraph II of the Constitution of the State of Georgia, entitled Home Rule for Municipalities, allows the General Assembly of the State of Georgia to provide by law for the self-government of municipalities, which the General Assembly has done with The Municipal Home Rule Act of 1965, O.C.G.A. § 36-35-1, et seq.; and WHEREAS, O.C.G.A. § 36-35-3 provides that the governing authority of each municipal corporation shall have legislative power to adopt clearly reasonable ordinances, resolutions and regulations relating to its property, affairs, and local government for which no provision has been made by general law and which are not inconsistent with the Constitution or any charter provision applicable thereto; and WHEREAS, O.C.G.A. § 36-35-3 provides that a municipal corporation may, as an incident of its home rule power, amend its charter, except where prohibited pursuant to O.C.G.A. § 36-35-6; and WHEREAS, the Council desires to amend the Charter of the City of Milton so as to enable the City to lease or enter into a contract for valuable consideration for the use, operation, or management of any of its real, personal, or mixed property, or any interest therein, repeal conflicting laws, and for other purposes; and WHEREAS, those Charter modifications that could only lawfully be undertaken by the General Assembly have already been adopted by the General Assembly, and the modifications reflected herein are those that can be lawfully completed by home rule; and WHEREAS, O.C.G.A. § 36-35-3 provides that, in order to amend its charter, a municipal corporation must duly adopt ordinances at two regular consecutive meetings of the municipal governing authority, not less than seven (7) nor more than sixty (60) days apart; WHEREAS, pursuant to O.C.G.A. § 36-35-3, a notice, containing a synopsis of the proposed amendment and stating that a copy of the proposed amendment is on file in the office of the clerk or the recording officer of the municipal governing authority and in the Office of the Clerk of the Superior Court of Fulton County for the purpose of examination and inspection by the public, shall be published in the official organ of the county of the legal situs of the municipal corporation or in a newspaper of general circulation in the municipal corporation once a week for three weeks within a period of 60 days immediately preceding its final adoption; and WHEREAS, those requirements applicable to amendments to the charter of a municipal corporation by a resolution or ordinance duly adopted by the municipality’s governing authority as set forth in O.C.G.A. § 36-35-3 have been met and satisfied, and, specifically, notice of the consideration of this Resolution and Ordinance has been advertised and this Resolution and 2 Ordinance has been duly adopted by the governing authority at two regularly consecutive meetings in compliance with O.C.G.A. § 36-35-3; and WHEREAS, in this Resolution and Ordinance, text that is underlined/bolded shall represent additions to the Charter; text that is stricken-through shall represent deletions from the Charter; and WHEREAS, a majority of the Council deems it to be in the best interests of the citizens of the City of Milton that the Act be further amended. NOW THEREFORE, the Council of the City of Milton hereby ordains and resolves that the Charter of the City of Milton shall be amended as follows: Section 1. Section 1.12(b)(21) is amended by striking it in its entirety and replacing it with a new Section 1.12(b)(21) to read as follows: Municipal property ownership. To acquire, dispose of, lease, enter into a contract for valuable consideration for the use, operation, or management of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; Section 2. Section 6.32 is amended by striking it in its entirety and replacing it with a new Section 6.32 to read as follows: Sale and lease of property; contracts for use, operation, or management. (a) The city council may sell and convey, lease, or enter into a contract for valuable consideration for the use, operation, or management of any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law, as well as any abandoned or surplus property. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. 3 SEVERABILITY If any portion of this Resolution and Ordinance or the application thereof shall be held invalid or unconstitutional, the other provisions of this Resolution and Ordinance shall not be affected, and thus, the provisions of this Resolution and Ordinance are declared severable. REPEALER Any other Ordinance, Resolution, or local law, or portion thereof, now in effect, that is in conflict with any of the provisions of this Resolution and Ordinance is hereby repealed. EFFECTIVE DATE This Resolution and Ordinance shall become effective when all required documents have been filed with the Secretary of State and in the Office of the Clerk of Superior Court of Fulton County as required by O.C.G.A. § 36-35-5. ADOPTION AT TWO CONSECUTIVE MEETINGS This Resolution and Ordinance was adopted at two (2) regular consecutive meetings of the Council of the City of Milton held on December 15, 2014 and January 5, 2015, as required by O.C.G.A. § 36-35-3. BE IT SO RESOLVED AND ORDAINED, this 5th day of January, 2015, by the Council of the City of Milton, Georgia. Approved: _______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) NOTICE OF CONSIDERATION OF CITY CHARTER AMENDMENTS Re: Proposed Amendment to the Charter of the City of Milton, Georgia Notice is hereby given that the Council of the City of Milton, Georgia will consider amendments to Section 1.12(b)(21) and Section 6.32 of the Charter of the City of Milton, pursuant to the Georgia Constitution, Article IX, Sec. II, Par. II and O.C.G.A. § 36-35-1, et seq., at the Council’s regular meetings on December 15, 2014 and January 5, 2015 at 6:00 p.m. in the City Council Chambers located in Suite 107E of City Hall, 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004. The proposed modification to the Charter of the City of Milton, Georgia is a modification of the authority regarding municipal property ownership and management to enable the City to lease or enter into a contract for valuable consideration for the use, operation, or management of any real, personal, or mixed property. Copies of the proposed amendment are on file and available for the purposes of examination and inspection by the public with the City Clerk in the City of Milton City Hall and in the Office of the Clerk of Superior Court of Fulton County. Council of the City of Milton, Georgia Section 6.32. - Sale of property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law, as well as any abandoned or surplus property. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. Section 1.12. - Municipal powers. (a) [General powers.] This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this Charter. This city shall have all the powers of self-government not otherwise prohibited by this Charter or by general law. (b) [Specific, particular powers.] The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this Charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city; (4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures not inconsistent with general law; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades except as otherwise prohibited by general law; (5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of stormwater and establishment of a stormwater utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (10) Ethics. To adopt ethics ordinances and regulations governing the conduct of municipal elected officials, appointed officials, and employees, establishing procedures for handling ethics complaints, and setting forth penalties for violations of such rules and procedures; (11) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to firefighting; and to prescribe penalties and punishment for violations thereof; (12) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business within the city and benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (13) General health, safety, and welfare.To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (14) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (15) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards; (16) Homestead exemption. To establish and maintain procedures for offering homestead exemptions to residents of the city as authorized by Act of the General Assembly; (17) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for the commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (18) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city; (19) Municipal agencies and delegation of power, To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (20) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this Charter or the laws of the State of Georgia; (21) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (22) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (23) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers, and drains, sewage disposal, gas works, electric plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance; (24) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (25) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this Charter and the laws of the State of Georgia; (26) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation[s] and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (27) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a firefighting agency; (28) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (29) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, spirt, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (30) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (31) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (32) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and the standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (33) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (34) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (35) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under, or across any city property or the right-of-way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the const; uction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights-of-way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (36) Sewer fees. To levy a fee, charge, or sewer tax as necessary to ensure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge; and to impose on and collect a sewer connection fee or fees from those connected to the system; (37) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items; (38) Special areas of public regulation. To regulate or prohibit junk dealers, pawnshops, pain management clinics, the manufacture, sale, or transportation of intoxicating liquors, and the use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, adult entertainment, and massage parlors; (39) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; (40) Taxes (ad valorem). To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; provided, however, that: (A) For all years, the millage rate imposed for ad valorem taxes on real property shall not exceed 4.731 unless a higher limit is recommended by resolution of the city council and approved by a majority of the qualified voters of the city; provided, however, that for the purposes of compliance with O.C.G.A. § 48-8-91, the millage rate may be adjusted upward for the sole purpose of complying with the millage rate rollback provisions set forth therein; (B) For all years, the fair market value of all property subject to taxation shall be determined according to the tax digest of Fulton County, as provided in O.C.G.A. § 48- 5-352; and (C) For all years, the billing date or dates and due date or dates for municipal ad valorem taxes shall be the same as for Fulton County ad valorem taxes; (41) Taxes (other). To levy and collect such other taxes as may be allowed now or in the future by law; (42) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (43) Urban redevelopment. To organize and operate an urban redevelopment program; and (44) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this Charter as fully and completely as if such powers were fully stated in this Charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this Charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. (Ord. No. 13-09-183, § 1, 9-4-2013) HOME OF "HE BEST '�)iJA.FITYOF LIFE IN GEO,' W M . ItTON% ESTARI_IS1[ED 2000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 22, 2014 FROM: City Manager AGENDA ITEM: Consideration of a Resolution of the Milton City Council To Extend the 2012-2015 Strategic Plan Through The End of 2015. MEETING DATE: Monday, January 5, 2015 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 & CITY ATTORNEY REVIEW REQUIRED: V) YES () NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: Q I os- , S - REMARKS ©10 Your PHONE: 678.242.25001 FAX: 678.242,2499 Gr' e'en z,; CertilieJ* aat�U info@6tyofmi1fonga.us I www.cityofmilfonga.us, Community i� 'hi" i 11'lLlILIFL 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Chris Lagerbloom, City Manager Date: Submitted on December 23, 2014 for the January 5, 2015 Regular Council Meeting Agenda Item: Consideration of a Resolution of the Milton City Council to Extend the 2012 – 2015 Strategic Plan Through the End of 2015 ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The City of Milton adopted a strategic plan in 2011 for the calendar years 2012 – 2015. It was intended to be a three year plan. The five strategies which were adopted are: Build Relationships, Promote the Equestrian Lifestyle, Protect and Promote Open Spaces, Provide Responsible and Responsive Government and Structure Economic Growth. In addition to the adopted strategic plan, the Council recently considered an exhaustive review of a modified seven year capital projects plan as a part of the FY15 budget. The intent of this resolution is to extend the current strategic plan for one calendar year, to affirm the strategies are still consistent with the intended direction of the city and to allow for a more thoughtful and detailed revision to occur during the calendar year 2015. From a service delivery standpoint, there is no adverse impact to the organization by extending this plan for one year. Funding and Fiscal Impact: There is no fiscal impact. Alternatives: Do not approve. Legal Review: Ken Jarrard, City Attorney Concurrent Review: None Page 1 of 2 STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION OF THE MILTON CITY COUNCIL TO EXTEND THE 2012 – 2015 STRATEGIC PLAN THROUGH THE END OF 2015 BE IT RESOLVED by the City Council of the City of Milton, GA as follows: WHEREAS, the City of Milton developed the city’s first strategic plan in 2011 following six months of planning with the Council, community stakeholders and staff; and WHEREAS, the 2012-2015 Strategic Plan defines the five strategies for the vision and direction of the City; and WHEREAS, the five strategies are: Build Relationships, Promote the Equestrian Lifestyle, Protect and Promote Open Spaces, Provide Responsible and Responsive Government and Structure Economic Growth; and WHEREAS, on December 31, 2014, the 2012-2015 Strategic Plan achieved the defined timeline; and WHEREAS, it is the desire of the Council to continue the current strategic plan comprised of the five strategies and vision for the City of Milton, until such time a thoughtful revision to the plan can be made; and NOW THEREFORE BE IT RESOLVED as follows: 1. The City Council does hereby ratify the continuation of the 2012-2015 Strategic Plan; 2. That a revision of the 2012-2015 Strategic Plan will occur before the end of 2015; 3. This Resolution shall become effective upon its adoption by the City Council and execution by the Mayor. Page 2 of 2 SO RESOLVED, this 5th Day of January, 2015. Approved: _____________________________ Joe Lockwood, Mayor Attest: _______________________________ Sudie AM Gordon, City Clerk (Seal) El HOME OF' Mt L t ONIIN ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 22, 2014 FROM: City Manager AGENDA ITEM: Consideration of a Resolution of the Milton City Council to Re -Adopt the Five GMA Ethics Principles for Recertification to be a Georgia Certified City of Ethics. MEETING DATE: Monday, January 5, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: P APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES 0 NO CITY ATTORNEY REVIEW REQUIRED: k YES () NO APPROVAL BY CITY ATTORNLY O APPROVED O NOT APPROVED PLACED ON AGENDA FOR.' Ot dS 1-j REMARKS 4 ® .�-..: Youn ---- PHONE: 678.242.2500 j FAX: 678.242.2499 ® Green v info@cityotmiltonga.us www.yofmiltonga.us « Community 1� ;hot cit10 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 qac Page 1 of 2 STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION OF THE MILTON CITY COUNCIL TO RE-ADOPT THE FIVE GMA ETHICS PRINCIPLES FOR RECERTIFICATION TO BE A GEORGIA CERTIFIED CITY OF ETHICS BE IT RESOLVED by the City Council of the City of Milton, GA as follows: WHEREAS, the Board of Directors of the Georgia Municipal Association has established a Certified City of Ethics program; and, WHEREAS, the City of Milton, wishes to be certified as a Certified City of Ethics under the GMA Program; and, WHEREAS, part of the certification process requires the Mayor and Council to subscribe to the ethics principles approved by the GMA Board; NOW THEREFORE BE IT RESOLVED by the governing authority of the City of Milton, Georgia, that as a group and as individuals, the governing authority subscribes to the following ethics principles and pledges to conduct its affairs accordingly: 1. Serve Others, Not Ourselves 2. Use Resources With Efficiency and Economy 3. Treat All People Fairly 4. Use The Power of Our Position For The Well Being Of Our Constituents 5. Create An Environment Of Honesty, Openness And Integrity Page 2 of 2 SO RESOLVED, this 5th Day of January, 2015. Approved: _____________________________ Joe Lockwood, Mayor _____________________________________ ______________________________ Karen Thurman Bill Lusk _____________________________________ ______________________________ Matt Kunz Burt Hewitt _____________________________________ ______________________________ Joe Longoria Rick Mohrig Attest: _______________________________ Sudie AM Gordon, City Clerk (Seal)