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HomeMy WebLinkAboutAgenda Packet CC - 08/03/2015 - 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, August 3, 2015 Regular Council Meeting Agenda 6:00 PM INVOCATION - Tass Welch, Community Christ Church, Milton, Georgia. 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. 15-206) 4) PUBLIC COMMENT 5) CONSENT AGENDA MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 3, 2015 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 1. Approval of the July 13, 2015 Council Work Session Meeting Minutes. (Agenda Item No. 15-207) (Sudie Gordon, City Clerk) 2. Approval of the July 20, 2015 Regular City Council Meeting Minutes. (Agenda Item No. 15-208) (Sudie Gordon, City Clerk) 3. Approval of a Construction Services Agreement between the City of Milton and JF Acquisition, LLC, dba, Jones & Frank to Install a Fuel Management System at Fire Station #41 and #43. (Agenda Item No. 15-209) (Carter Lucas, Assistant City Manager) 4. Approval of a Professional Services Agreement between the City of Milton and Moreland Altobelli Associates, Inc. for the Following Project; “Design Services/Construction Documents, Cogburn Road Sidewalk and Trail Improvements”. (Agenda Item No. 15-210) (Carter Lucas, Assistant City Manager) 5. Approval of a Professional Services Agreement between the City of Milton and Layne Inliner, LLC for Providence Road Stormwater System Improvements. (Agenda Item No. 15-211) (Carter Lucas, Assistant City Manager) 6. Approval of a Professional Services Agreement between the City of Milton and Kimley- Horn and Associates, Inc. for the Milton Comprehensive Transportation Plan. (Agenda Item No. 15-212) (Carter Lucas, Assistant City Manager) 7. Approval of a Professional Services Agreement between the City of Milton and McIntyre Corporation dba McIntyre Fencing for Fence Demolition, Repair and Installation at Providence Park. (Agenda Item No. 15-213) (Jim Cregge, Parks & Recreation Director) 6) REPORTS AND PRESENTATIONS (None) 7) FIRST PRESENTATION 1. Consideration of RZ15-16 – To Amend Private Swimming Pool Standards for Detached Dwellings. [Sec. 64-1069(b)]. (Agenda Item No. 15-214) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 3, 2015 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Consideration of RZ15-17 – To Create a Definition for “Barrier” in Definitions. (Sec. 64-1). (Agenda Item No. 15-215) (Kathleen Field, Community Development Director) 8) PUBLIC HEARING 1. Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Fix the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2015; and for Other Purposes. (Agenda Item No. 15-184) (Stacey Inglis, Assistant City Manager) (First Public Hearing and First Presentation at July 6, 2015 Regular City Council Meeting) (Second Public Hearing at July 20, 2015 Regular City Council Meeting) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS 1. Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Fix the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2015; and for Other Purposes. (Agenda Item No. 15-184) (Stacey Inglis, Assistant City Manager) (First Public Hearing and First Presentation at July 6, 2015 Regular City Council Meeting) (Second Public Hearing at July 20, 2015 Regular City Council Meeting) (Third Public Hearing at August 3, 2015 Regular City Council Meeting) 11) NEW BUSINESS (None) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS Department Updates 1. Police 2. Public Works 3. Parks and Recreation 4. Community Development 5. Economic Development MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 3, 2015 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 15-216) The minutes were provided electronically HOME OF ' MtLr(,)Nk ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 23, 2015 FROM: City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and JF Acquisition, LLC, dba, Jones & Frank to Install a Fuel Management System at Fire Station #41 and #43. MEETING DATE: Monday, August 3, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES (} NO CITY ATTORNEY REVIEW REQUIRED:) YES (} NO APPROVAL BY CITY ATTORNEY APPROVED PLACED ON AGENDA FOR. 0 0 3 I REMARKS (} NOTAPPROVED 11*YourC** -'Green�� � ; ce«if,�* 1np t0U PHONE: 678.242.2500 1 FAX: 678.242.2499 �f „ info@61-yofmiltonga.us i www.cityofmIItongo.us W1LLLIFE Community icE�;,,y 13000 Deerfield Parkway. Suite 107 1 Milton GA 30004 _."" �ec� To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Director of Public Works Date: Submitted on July 28, 2015 for the August 3, 2015 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and JF Acquisition, LLC, dba Jones & Frank, to Provide a Fuel Management System at Fire Stations 41 and 43 ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This construction services agreement will provide a fuel management system at Fire Stations 41 and 43. In accordance with the city’s procurement process, three bids were received to perform this work. Jones & Frank submitted the lowest, responsible bid and staff is recommending approval of the Construction Services Agreement in a not to exceed amount of $29,822.08. Funding and Fiscal Impact: Funding for this project is available in the Fuel Management System account in the Capital Improvement Budget. Alternatives: None. Legal Review: Paul Higbee- Jarrard & Davis, LLP 7/1/2015 Concurrent Review: Chris Lagerbloom- City Manager Attachment(s): Construction Services Agreement HOME OF if K (],Lq�,'7 r t E V c; AGA LTO IP.......L2006 CONSTRUCTION SERVICES AGREEMENT FOR FUEL MANAGEMENT SYSTEM This Agreement (the "Agreement") to provide a fuel management system 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"), JF Acquisition, LLC, dba Jones & Frank, (hereinafter referred to as the "Contractor") having its principal place of business at 1330 St. Mary's Street, Suite 210, Raleigh, North Carolina 27605. WITNESSETH: WHEREAS, the City issued an Invitation to Bid for the fuel management system at fire stations 41 and 43; and WHEREAS, based upon Contractor's bid to complete these improvements, 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 (17 Pages); B. Invitation to Bid ITB (10 Pages), attached hereto as Exhibit "A'; C. Bid from Contractor dated June 12, 2015 (12 Pages), attached hereto as Exhibit D. Exhibit "C" [RESERVED]; 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. Exhibit "G"[RESERVED]; I. Final Affidavit, attached hereto as Exhibit "H"; J. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties; and K. City of Milton Code of Ethics. In the event of any discrepancy among the Contract Documents, that provision that inures most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Section 2 Proiect Descriation The scope of this project generally consists of the purchase and installation of a Fuel Master fuel management system at fire stations 41 and 43. Section 3 The Work The Work is specified and indicated in the Contract Documents (the "Work"). In the event of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as determined by the City in its sole discretion, shall govern. The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 4 Contract Time This Contract shall take effect on Contractor agrees to complete the Project within 60 calendar days from the date of Notice to Proceed. Every effort will be made by Contractor to shorten this period. 11 Section 5 Contractor's Compensation; Time and Method of Payment A. The total amount paid under this Agreement shall not, in any case, exceed $29,822.08 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. 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. City and Contractor shall comply with the provisions of O.C.G.A. § 13-10-80. The Contractor through each invoice may request payment of no more than ninety percent (90%) of that portion of the Work completed during the term covered by such invoice until fifty percent (50%) of the Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City. Payment for the remaining ten percent (10%) of Work completed and covered by such invoices shall be retained by the City until Final Completion. Once fifty percent (50%) of the Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City, no additional retainage shall be withheld, except as provided below. At the discretion of the City and with the written approval of the Contractor, the retainage of each subcontractor may be released separately as the subcontractor completes his or her work. If, after discontinuing the retention, the City determines that the Work is unsatisfactory or has fallen behind schedule, retention may be resumed at the previous level. If retention is resumed by the City, the Contractor and subcontractors shall be entitled to resume withholding retainage accordingly. At Final Completion of the Work and as the City determines the Work to be reasonably satisfactory, the City shall, within 30 days after the invoice and other appropriate documentation as may be required by the Contract Documents are provided to the City, pay the retainage to the Contractor. If at that time there are any remaining incomplete minor items, an amount equal to 200 percent of the value of each item as determined by the City shall be withheld until such item or items are completed. The reduced retainage shall be shared by the Contractor and 3 subcontractors as their interests may appear. The Contractor shall, within ten (10) days from its receipt of retainage from the City, pass through payments to subcontractors and shall reduce each subcontractor's retainage in the same manner as the Contractor's retainage is reduced by the City; provided, however, that the value of each subcontractor's work complete and in place equals fifty percent (50%) of his or her subcontract value, including approved change orders and other additions to the subcontract value, provided, further, that the work of the subcontractor is proceeding satisfactorily and the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the Contractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. The subcontractor shall, within ten (10) days from the subcontractor's receipt of retainage from the Contractor, pass through payments to lower tier subcontractors and shall reduce each lower tier subcontractor's retainage in the same manner as the subcontractor's retainage is reduced by the Contractor; provided, however, that the value of each lower tier subcontractor's work complete and in place equals fifty percent (50%) of his or her subcontract value, including approved change orders and other additions to the subcontract value; provided, further, that the work of the lower tier subcontractor is proceeding satisfactorily and the lower tier subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the subcontractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. Neither final payment nor any retained percentage shall become due until the Contractor submits to the City: (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or City property might be responsible or encumbered (less amounts withheld by City) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance, required by the Contract Documents to remain in force after final payment, is currently in effect and will not be canceled or allowed to expire until at least 30 calendar days prior written notice has been given to the City; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) consent of surety, if any, to final payment; (5) a release or waiver of liens, claims, security interests, and encumbrances by all subcontractors and material suppliers; and (6), if required by the City, other data establishing payment or satisfaction of obligations, such as receipts, to the extent and in such form as may be designated by the City. If a subcontractor or material supplier refuses to furnish a release or waiver as required by the City, the Contractor may furnish a bond satisfactory to the City to indemnify the City against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the City all money that the City may be compelled to pay in discharging such 4 lien, including all costs and reasonable attorneys' fees. D. Acceptance of final payment by the Contractor, a subcontractor or material supplier shall constitute a waiver of claims by that payee, except those claims previously made in writing and identified by that payee as unsettled at the time of final application for payment. E. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through change orders or construction change directives as described in Section 6 below. All invoices should be submitted to Honor Motes (Budget and Procurement Coordinator), for approval. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City. No payments will be made for unauthorized work. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand -delivered. F. 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. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. if the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. 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 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 6 Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor's Reliance of Submissions by the City Contractor must have timely information and input from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor's Representative Chris Pass shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. I. Responsibility of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out 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. 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 7 and all claims against the City or any of its agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee 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 permits, 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 8 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 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 -b or higher and acceptable to the City. a) 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. b) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: i. 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. ii. Comprehensive Automobile Liability (owned, non -owned., hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and property damage. iii. Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. G) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. d) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: i. General Liability and Automobile Liability Coverage. 9 a. The City and City Parties are to be covered as additional insureds. b. 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. c. 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. d. 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. e. 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. ii. 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. iii. All Coverages: a. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after thirty (30) days prior written notice has been given to the City. b. Policies shall have concurrent starting and ending dates. e) 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:VI. f) 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. 10 g) 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. h) City as Additional Insured: The City shall be named as an additional insured on all policies required by this Agreement, except the City need not be named as an additional insured on any Workers' Compensation policy. L. Employment of Unauthorized Aliens Prohibited E -Verify Affidavits It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits `B" 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 "B -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "E", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (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. § I 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 O.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 making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to 0.C.G.A. § 13-10-91.] 00 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. 12 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 City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. N. Conflicts 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. 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 13 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 not. P. Licenses, Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. Q. [RESERVED] R. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. S. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such materials. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. T. Meetings The Contractor is required to meet with the City's personnel, or designated 14 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 termination of the contract. Section 8 Covenants of the City A. Right of Entry The City shall provide for right of entry for Contractor and all necessary equipment in order for Contractor to complete the Work. B. Ci 's Representative Robert Edgar shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative Section 9 Warrantv Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final Completion of the Project at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion 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 terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of a termination for convenience, Contractor shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third -parties unless otherwise instructed by the City. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, the City shall pay Contractor for work performed to date in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. 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 15 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 make 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 terms 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 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 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 communications hereunder shall 16 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: Chris Pass, Jones & Frank, 2100 Barrett Park Drive, Suite 508, Kennesaw, Georgia 30144 F. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. G. Force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. H. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. 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 17 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON FOLLOWING PAGE] 18 JF Acquisition, L117 Signature s ¢� Print Name Title SIGNED. SEALED AND DELIVERED In the presence of: k1-- (mac itne (Corporate Secretary should attest) [NOTARY SEAL] My Commission Ex iires: NO T� ` co�'MSS/0My N "";'." Old [AFFIX CORPORATE SEAL) MILTON CITY COUNCIL: Joe Lockwood, Mayor [CITY SEAL] SIGNED, SEALED, AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: 19 EXHIBIT "A" REQUEST FOR BID HOME OF'THE BEST 011LALfiY Of LIFE GEORGIA'TO CITY OF MELTON INVITATION TO' BID ESTABLISHED 2006 (THIS IS NO AN ORDER) Bid Number: Project Name: 15-PW6 Fuel Management System Due Date and Time: Attn: Carter Lucas, PE June 12, 2015 Local Time: 2:00pm Number of Pages: 7 ISSUING DEPA Issue Date: May 18, 2015 City of Milton Public Works Department Phone: 678-242-2500 13000 Deerfield Pkwy, Suite 107G Fax: 678-242-2499 Milton, Ga. 30004 Website: www.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/Subject Lane: City of Milton Bidder FAX Number: Attn: Carter Lucas, PE Bid Number: 15-PW6 13000 Deerfield Pkwy Suite 107F Special Instructions: Milton, Ga. 30004 Deadline for Written Questions Or via email to June 5, 2015, 5 pm Email questions to Carter Lucas at carter. hrcasGciryo frniltonga. us carter.lucas r�ckyofiniltonga. us BIDDERS MUST CONTLETE THE FOLLOWING Bidder Name/Address: 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: BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' L I ON*k ESTABLISHED 2066 The City of Milton is seeking quotes from qualified vendors to provide a fuel management system for two fire station locations within the city. Location 1: Fire Station #41 12670 Arnold Mill Road Location 2: Fire Station #43 750 Hickory Flat Road Contact Mark Stephens (404-840-3067) or Robert Edgar (404-387-6855) to set up station inspections. Section 1. General Conditions a) 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, and work of this type successfully completed. b) 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 maybe subject to rejection. c) No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. d) The City reserves the right to cancel the contract at any time with 30 days written notice. e) Title to any supplies, materials, equipment or other personal property shall remain the Contractors' until fully paid for by the City. f) All bid items must be new. Used, rebuilt or refurbished items will not be considered unless specifically authorized by the contract documents. g) All bid items must be complete and ready to operate. No obvious omissions of components or necessary parts shall be made even though the specifications may not detail them or mention them. Where these documents may be silent on any point it will be regarded as meaning that only the best industry accepted practices are to prevail. Only materials of the correct size, type and design shall be used. h) The selected contractor must assume full responsibility for all item(s) damaged prior to HOME OF 'THE BEST QUALFrY OF LIFE IN GEORGIA' MILI I ONIt ESTABLISH ED 2006 F.O.B. destination delivery and agree to hold the City harmless of all responsibility for prosecuting damage claims. i) The selected contractor must assume full responsibility for providing or ensuring warranty service on any and all items including goods, materials or equipment provided to the City with warranty coverage. If the selected contractor is not the manufacturer, all manufacturers' warranties must be passed through to the City. The contractor, not the City, is responsible for contacting the provider of the warranty service during the warranty period and supervising the completion of the warranty service to the satisfaction of the City. j) The selected contractor is solely responsible for the fitting, assembly and installation of any time by the manufacturers authorized or approved servicer or experienced worker utilizing workmanship of the highest caliber. The contractor must verify all dimensions at the site and shall be responsible for their correctness and shall be responsible for the availability of replacement parts when specified in this document. k) The selected contractor is responsible for the proper disposal of all wrappings, crating, and other disposable material upon the delivery of items(s). 1) Any damage to any building 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. m) Before commencing any work the Contractor, at its own expense (no fees will be charged for permits issued by the City), will ensure that all licenses, permits or other governmental authorizations needed to perform the Work ("Licenses") are issued and shall furnish copies of such permits to the City within ten (10) days of issuance. Contractor further 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. Section 2, 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. a) 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 HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' MILTONIt ESTABLISHED 27 form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. b) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: i. 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. ii. 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. iii. Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. c) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. d) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: i. General Liability and Automobile Liability Coverage. a. 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. b. 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. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. d. 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. HOME OPTHE BEST OUALIM OF UFE IN GEORGIA' AL A4 I LJ ON ESTABLISHED 2006 e. 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. f. 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. ii. 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. iii. All Coverages: a. 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. b. Policies shall have concurrent starting and ending dates. e) 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:VI. f) 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. g) 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. h) 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. HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON*t' ESTABLISHED 2006 i) 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. Section 3. Proiect Specifications The quote for services shall include all equipment, parts, labor and travel to install, connect, terminate, calibrate and commission a complete Fuel Master Fuel Management system. The quote price shall provide for a complete turnkey and operational system that includes, but is not limited to the following equipment: a) Two (2) FMU-2500 Series to control 2 hoses minimum, alpha -numeric keypad, LCD display, pedestal 1/0 board, auto/bypass switches, 120VAC powered. b) Sixty (60) Prokees and one (1) Prokee encoder with USB connection. c) Fuel Management software to be installed on a desktop PC (PC provided by others). d) Four (4) Pulser - 10:1 pulses per gallon (Veeder-Root 021788 or equal 10:1 pulse per rev); one for each of four (4) dispensing registers, compatible with a Gasboy 71 C and/or similar mechanical register. Retrofit shall include pulser mounting bracket, drive cable, miter gear assembly and all required hardware. If available, provide a 100:1 pulser for higher accuracy. A V/R 7671 (100:1 pulses per rev) and 7697 (10:1 per rev) is also compatible. e) Network Interface card (NIC) for 10/100 Ethernet Communications to a desktop PC (furnished by others) running Fuels Management software via Cat5 cable. f) Installation shall include pulling a CAT 5 cable in existing conduit between fire house building and tank area at two (2) locations. Approximate distance for cable pull is 300 feet. g) One (1) Veeder-Root TLS -350 tank gauge console including installation. Installation comprises mounting console on wall, connecting existing conduit and wiring from existing power, alarm horn/strobe, level probes and sensors. Calibration and commissioning shall be included. h) Warranty; provide a one (1) year service contract as an option to be determined by representative for City of Milton. Provide line item pricing for major equipment components, software, travel and labor. Include description of warranties provided by both equipment manufacturer and servicing vendor. Include a line item for any item that is excluded from the scope of services to be provided. HOME OF'THE BEST OUALITY OF LIFE IN GEOP.GIA' M1LTU*`N*k- ESTABLISHED 2006 [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] EXHIBIT "F" 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 Date of Authorization Name of Contractor Fuel Management Svstem I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , _, 201_ in (city), (state). Signature of Authorized Officer or Agent Name of Project Printed Name and Title of Authorized Officer or Agent City of Milton Name of Public Employer SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,201_. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: ADDENDUM #1 City of Milton Fuel Management System 15-PW6 Issued June 10, 2015 This Addendum forms a part of the contract documents and modifies the original ITB documents as noted below: Item #1: Bid Due Date is amended from 2 pm on Friday, June 12, 2015 to 2 pm on Wednesday, June 17, 2015. Questions and Answers: 1. You said that Station 41 gets the new Veeder-Root console. It currently has a Guardian Veeder-Root tank monitor. Station 43 does not have anything. Does Station 43 get the new TLS 350 console? Answer: The new Yeeder-Root console will be installed at Station 43- 2. At Station 43, the Gasboy pump register does not work according to the fireman I spoke with. The pulser is not going to work if the register does not work. We don't know what it is going to take to fix the register without sending a technician to the site to diagnose it. For bidding purposes, how do you want to handle? Should we price a new pump? Answer: Include a new pump register equivalent to the existing register in the quote. 3. There are other pulser manufactures that make pulsers compatible with these pumps. Is it required that we use the ones specified? Answer: Bid specifies Yeeder-Root 021788 or equal. 4. Please be more specific on the one year service contract. What do you want us to do? Answer: Provide a one year warranty for parts and labor including software%alibration adjustments. 5. You have network connectivity at each site. Please confirm that your IT Department will provide a network connection at each site. The network Answer: This should be a LAN connection that uses a standard R.I45 jack and Cat 5 or 6 cable. Fire Station #41-12670 Arnold Mill Road: 1. Are we to install a new Veeder-Root TLS -350 tank monitor at this location or will they continue to use the existing Veeder-Root Guardian system that is in place? The project specifications state (1) TLS -350 and I am assuming that is for the Fire Station #43? Answer: Station 41 will continue to use the system that is in place and the new Veeder-Root will be installed at Station 43. 2. If the existing Veeder-Root Guardian system is to be replaced with a new TLS -350 tank monitor are we to reuse the existing wiring or do we need to figure on pulling new wiring? Answer: The existing wiring may be reconnected where the VIR console was removed. 3. Specifications read that we are to pull the necessary CAT 5 cable for the new Fuel Master FMU in existing conduit. We did not find existing communication conduit in place for this pull. Do we need to give a line item for installation of necessary communication conduit or an option for wireless communication equipment? Answer: At Station 43 there is a spare conduit that may be use and at Station 41 you can use the existing conduit. 4. Please clarify are we to interface to the existing network switch and then the site will provide a PC for the Fuel Master software to be loaded onto and interface to the system? Answer: Yes, Ethernet interface to an existing LAN at each station. The PC's will be station furnished. 5. Please clarify the location of the Fuel Master FMU pedestal reader. Answer: All pedestals will be in proximity of the point where the driver fuels the vehicle. It should be located out of the way of drive lanes and walking space around the vehicle and tank, but should be convenient to access for authorizing a transaction. Fire Station #43 — 750 Hickory Flat Road: 1. This site previously had a Veeder-Root Guardian system in place. It appears it was pulled at some point. Are we to pull all new wiring for the installation of the TLS -350 system or are we to base our bid on reusing the existing wiring? Answer: No new wiring except for a CA T5 cable. This may be pulled in the existing conduit that contains the cable to the tank level probe. 2. Specifications read that we are to pull the necessary CAT 5 cable for the new Fuel Master FMU in existing conduit. We did not find existing communication conduit in place for this pull. Do we need to give a line item for installation of necessary communication conduit or an option for wireless communication equipment? Answer: Station 43 has a spare communication conduit. It may also be pulled in the existing conduit that contains the cable to the tank level probe. 3. Please clarify are we to interface to the existing network switch and then the site will provide a PC for the Fuel Master software to be loaded onto and interface to the system? Answer: Yes, Ethernet interface to an existing LAN at each station. The PC's will be station furnished. 4. Will each site have a Prokee encoder or are you just asking for (1) encoder that both sites will utilize? Answer: There will be one encoder located at Station 43. 5. Please clarify the location of the Fuel Master FMU pedestal reader. Answer: All pedestals will be in proximity of the point where the driver fuels the vehicle. It should be located out of the way of drive lanes and walking space around the vehicle and tank, but should be convenient to access for authorizing a transaction. END OF ADDENDUM EXHIBIT "B" BID FROM CONTRACTOR HOME Of'iHE BES'QUA.LITY Of LIFE IN GEORGIA'M T CI I Y OF MILTON IFFORIr INVI'TAT'ION TO BID' ESTABL15HED 2006 -- (TIUS IS NOT ;AN ORDER) Bid Number: --[Fuel Project Name: 15-PW6 Management System Due Date and Time: Attn: Carter Lucas, PE .lune 12, 2015 Local Time: 2:00pm Number of Pages: 7 Issue Date: May 18, 2015 City of Milton Public Works Department Phone: 678-242-2500 13000 Deerfield Pkwy, Suite 107G Fax: 678-242-2499 Milton, Ga. 30004 Website: www.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/Subject Line: City of Milton %�Q� Attn: Carter Lucas, PE Bid Number: 15-PW6 13000 Deerfield Pkwy Chris Pass Suite 107F (Please print name and sign in ink) Special Instructions: Milton, Ga. 30004 770-322-0552 X 3812 or 678-327-6402 Deadline for Written Questions Or via email to June 5, 2015, 5 pm 01-0937618 Email questions to Carter Lucas at carter.l1rcasLcityo finiltonga. us carterducas a cityofiniltonga. us BIDDERS MUST CON TLETE THE FOLLOWING ' Bidder Name/Address: Au orized Bidder Signatory: JF Acquisition, LLC (dba Jones & Frank) %�Q� 2100 Barrett Park Drive, Suite 508 G Chris Pass Kennesaw, GA 30144 (Please print name and sign in ink) Bidder Phone Number: Bidder FAX Number: 770-322-0552 X 3812 or 678-327-6402 770-427-8758 Bidder Federal I.D. Number: Bidder E-mail Address: 01-0937618 cpass@jones-frankcom BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE June 12, 2015 City of Milton Public Works Department 13000 Deerfield Parkway, Suite 107G Milton, GA 30004 On behalf of Jones & Frank, I am pleased to present the City of Milton with our response to the Invitation for Bid 15-PW6 Fuel Management System Project. Jones & Frank is a privately -held company headquartered Raleigh, NC. The legal name of our firm is JF Acquisition, LLC (dba Jones & Frank). We are currently registered to do business in the State of Georgia through our Atlanta, GA office located in Kennesaw, GA. JONES & FRANK EXPERIENCE * Fuel system experts * Formed in 1947 * One of the largest distributors, service providers, and installers in the USA * 22 branch offices & 3 distribution centers * 400 employees * 200 service technicians (4 times closest competitor & 20 times industry avg) Atlanta branch has 17 technicians * 24/7 service * 40 technicians within 200 mile radius * 4 hour emergency response time * Perform work nationally I will serve as the primary contact for all bid related communications, including requests for clarifications or communication needed between the City staff and Jones & Frank. My Contact information is below. As instructed, we have included the Cover Sheet, Exhibit "F" Contract Affidavit and Agreement, itemized proposal to include our scope of work and exclusions, and the option requested for one year parts and labor warranty. Please contact me should you have any questions or need additional information. S� i" Chris Pass Commercial Sales Jones & Frank (Atlanta) 2100 Barrett Park Drive, Suite 508 Kennesaw, GA 30144 Office: 770-322-0552 X 3812 Cell: 678-327-6402 cpass r,,iones-franh.cotm Jones & Frank 2100 Barrett Park Drive, Suite 508 Kennesaw, GA 30144 p. 770-322-0552 f. 770-427-8758 EE 1330 St. Mary's Street, Suite 210, Raleigh, NC 27605 Phone: 919-838-7555 Sales Person: Christopher Pass Phone No.: 770-322-0552 E -Mail: cpass@Jones-frank.com Sold to: City of Milton Public Works Department Ship to: 13000 Deerfield Pkwy, Suite 107G Milton, GA 30004 Terms: Net 30 Days p0: Ship by: FOB DESTINATION r No. QUO -0036436 Date: 6/1212015 City of Milton Public Works Department 13000 Deerfield Pkwy, Suite 107G Milton, GA 30004 Comments OPTION: ADD $7,690 for 1 year parts and labor warranty to include any software updates No. Description Qty. Unit Price Amount 848290-022 TLS -350 CONSOLE WITH PRINTER 1 $3,971.76 $3,971.76 329356-002 MODULE, 4 INPUT PROBE INTRFC 1 $696.47 $696.47 329358-001 8 -INPUT INST/LIQUID SENSOR 1 $1,052.24 $1,052.24 INTER.MODULE 329359-001 4 -RELAY OUTPUT INTERFACE MODULE 1 $274.82 $274.82 DISPENSING EQUIPMENT QUO -CP PULSER MR1-110-DO-A 3 $199.94 $599.82 QUO -CP CURRENT SENSING RELAY CSR1-A 3 $147.00 $441.00 QUO -CP METER CABINET MODEL: FR902CRU 1 $1,317.85 $1,317.85 40 0080O FUEL MANAGEMENT SYSTEMS 800F PULSER 1 $159.99 $159.99 QUO -CP FMU-2500PLUS PROKEE MASTER UNIT (2- HOSE CONTROL) 2 $5,158.16 $10,316.32 172405 PROKEE BLACK 60 $3.80 $228.00 QUO -CP 941 D01 08 PROKEE ENCODER, USB 1 $491.76 $491.76 227838A FUELMASTER PLUS WINDOWS SW 1 $1,742.64 $1,742.64 'MISCELLANEOUS• MISC DOCUMENTS MISC DOCUMENTS, DRAWINGS, ECT 1 $705.88 $705.88 FREIGHT 'SERVICE TRAINING & STARTUP FREIGHT 1 $323.53 $323.53 SERVICE TECH SERVICE TECHNICIAN 1 $7,500.00 $7,500.00 EQUIPMENT: 21,998.55 FREIGHT: 323.53 SERVICE: 7,500.00 Customer Initials Jones & Frank Initials Jones & Frank - Confidential Quotation valid for 30 days QUO -0036436 Page 1 of 6 TOTAL PRICE: 29,822.08 This document does not reflect any applicable sales tax. I'SCOPE OF WORK COMMERICAL SCOPE OF WORK Provide the Customer with a detailed Construction schedule. Hold an office Pre -Con meeting prior to ordering the equipment to verify quantities and sizes Mobilize to the job site. Location 1: Fire Station #41, 12670 Arnold Mill Road, Milton, GA 30004 Install the Following Equipment: 1--Fuelmaster FMU 2—Pulsers 1--FMU Circuit For the FMU only, pull power and communication wiring/cabling through existing conduit to power panel and network connection: approx. 150-200 ft. Location 2: Fire Station #43, 750 Hickory Flat Road, Milton, GA 30004 Install the Following Equipment: 1--Fuelmaster FMU 2—Pulsers 1—FMU Circuit 1—Veeder-Root TLS 350 (Connect using existing probe, sensor, and power wiring) 1 --Meter Cabinet w/pulser (Connect using existing power wiring and piping/Re-install existing hanging hardware) For the FMU only, pull power and communication wiring/cabling through existing conduit to power panel and network connection: approx. 150-200 ft_ Download Fuelmaster software on owner's PC at location determined by owner Install Prokee encoder Clean our debris from the job site. Test all equipment supplied by Jones & Frank for proper operation. Instruct customer's personnel in the proper operation of the equipment supplied by Jones & Frank. Jones & Frank will train owner on how to load database and program Prokees. The owner is responsible for completing the programing after adequate training is provided. Provide a "Close Out Book" complete with Photos, Inspection reports & building permits GENERAL CONDITIONS: Customer Initials Jones & Frank Initials Jones & Frank - Confidential Quotation valid for 30 days QUO -0036436 Page 2 of 6 The above prices are quoted F.O.B. destination and include applicable sales tax or use tax. Jones & Frank requires that a pre -job conference be held prior to construction. All parties involved in this project are requested to attend as a means of ensuring job quality and timely completion. Jones & Frank carries third party legal liability pollution insurance coverage for our work both during construction and after completion of our contract (up to $1,000,000.00). Except as otherwise specified, all equipment supplied by Jones & Frank will be guaranteed to the furthest extent of the manufacturer's written warranty. All installation work will be guaranteed against defects in workmanship for one year from the date of start-up, not to exceed fifteen months from the date of substantial completion OUR INSTALLATION PRICE IS CONTINGENT ON THE FOLLOWING: Existing conduit is to be clear, usable and meeting the current electrical codes. Any repairs or replacement of the existing conduit will be performed on a "time and material" basis at our normal rates and will be an additional cost to the customer. Existing circuit panel is to be adequately sized, and meeting the current electrical codes. Any repairs to or replacement of the existing conduit will be performed on a "time and material" basis at our normal rates and will be an added cost to the customer. Existing wiring is to be usable, and meeting the current electrical codes. Any repairs or replacement of the existing wiring will be performed on a "time and materials" basis at our normal rates and will be an additional charge to the customer. Existing fuel management system (including dispenser system) conduit and wiring must conform to the current manufacturer's requirements. Any repairs to or replacement of the existing wiring will be performed on a "time and materials" basis at our normal rates and will be an added cost to the customer Customer Providing network connectivity to include connections, routers, switches, portals, etc... THIS PROPOSAL DOES NOT INCLUDE THE FOLLOWING: Conduit between fuel islands and buildings Fuel for the new system. Engineered stamped drawings for permits if required Additional work not stated above Changes required due to inspecting/permitting/code authorities Repairs, modifications, or replacement of any existing equipment that is to be reused other than that specifically stated above Computers, Monitors, and Printers Network connectivity service or hardware for Fueimaster connections Bid or P&P Bonds Applicable Taxes TERMS & CONDITIONS Customer Initials Jones & Frank Initials Jones & Frank - Confidential Quotation valid for 30 days QUO -0036436 Page 3 of 6 Jones & Frank Warranty Except as otherwise specified, all equipment supplied by Jones & Frank will be guaranteed to the furthest extent of the manufacturer's written warranty. All installation work will be guaranteed against defects in workmanship for one year from the date of start-up, not to exceed fifteen months from the date of substantial completion. Jones & Frank 2100 Barrett Park Drive, Suite 508 Kennesaw, GA 30144 p. 770-322-0552 f. 770-427-8758 NOME OF ii -e BEST GUALITY OF LIFE: IN GEORGIA' M I ITN _'_ FSCABLISFIED M [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] EXI3IMIT "F" 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: 414403 eVerify Number 5/11/2011 Date of Authorization JF Acquisition, LLC (dba Jones & Frank) Name of Contractor Fuel Management System Name of Project Ci!/ of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Kennesaw Executed on s , 29 , 201IL in (city), GA (State).. Signature of Authorized Officer or Agent Chris Pass, Commercial Sales Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE —�-r -DAY OF 201 ,t,ttt11�g4PY LIC o MAR/F r� 4 J NARY SEAL] A Con Expires: sr. UBLt�► � sft�6Pyt22a; •••�C?.� a' -j! 0L11V;.�y Q�p,��� ,4ttrll O V C .Q E O O N I I QD fill I S $&Sb 1118 {i�tfil;i s m ac mm avo>==Qc°WZ m= m°_._ip F'y�mJl� 2 m E N J W m dO ,Y = a U `LEmmiK mU$mc QW rnn Vs C m� o C A UmaG» ly Cui N o W 2 `c a� W m _c u80 5' E mm ycxU~':� W W C }O C¢l LLO m `0 ¢E$Ec rn mQ U6 I03t7EEHmLym$ O ro s m 0 cirw;o 17 m' y~of7,cm$ZO Es `o a'a°o mWW°o ; m y m ° a s am d w ya i°o mm.L°.mwEZiti L°am" a V �t�o,�QQ, N N O m b `m m Z rnua a W } 3Eomc��2oWW a.Z„mE m2'aQgso KI a v m O m y 0o O c7 m c — m- CSU .'J O:)' LLLLrnU `mEE�ro N m m m O >LLom C c E .0 .0 w m m m f~ c c m o rn m —a a u J W E¢ > F>> c 3 w m N O '� w'mrn V E z C6 A CKi ff g'E ° m COOP Ya mW L°mm T O� SOI O� CN C �Y(Oji NIL 0U� C rn N 1 v v a c a c o Ii—�_ W m oz°a' cE m N>> as o�T�my=�2 ymy'oy V'D mF CS W_W m m £ N`�, a E E N m O a .moo °QLL .F'—tea U E o.c oa-a c �y$8$JOyyQa.m yEm 30OmN m'A w�E°acwmm ° mmm `-m5 Um Em �a L'm m-s"..�N����'SO"t a .mn E m 3 cNo $c m$ a S y W U ama°2LjR0m�KOom oaENm U> -a 19W aia3 o �:% Lp N C U E C > O Om d L m mm D O F° -SCI • • • • UJ ot0 C30:5<W3 r O V C .Q E O O N I I QD fill I S $&Sb 1118 {i�tfil;i Wa rra my TLS -350R, TLS -350 PLUS, TLS -350J AND TLS -3001/C, AND TLS -2 MONITORING SYSTEMS We warrant that this product shall be free from defects in material and workmanship for a period of one (1) year from the date of installation or twenty-four (24 months) from the date of invoice, whichever occurs first. During the warranty period, we or our representative will repair or replace the product, if determined by us to be defective, at the location where the product is in use and at no charge to the purchaser. LAMPS AND FUSES ARE NOT COVERED UNDER WARRANTY. We shall not be responsible for any expenses incurred by the user. This warranty applies only when the product is installed in accordance with Veeder-Root's specifications, and a Warranty Registration and Checkout Form has been filed with Veeder-Root by an authorized Veeder-Root Distributor. This warranty will not apply to any product which has been subjected to misuse, negligence, accidents, systems that are misapplied or are not installed per Veeder-Root specifications, modified or repaired by unauthorized persons, or damage related to acts of God. If "Warranty" is purchased as part of the Fuel Management Service, Veeder-Root will maintain the equipment for the life of the contract in accordance with the written warranty provided with the equipment. A Veeder-Root Fuel Management Services Contractor shall have free site access during Customer's regular working hours to work on the equipment. Veeder-Root has no obligation to monitor federal, state or local laws, or modify the equipment based on developments or changes in such laws. MODULES, KITS, OTHER COMPONENTS (PARTS PURCHASED SEPARATE OF A COMPLETE CONSOLE). We warrant that this product shall be free from defects in material and workmanship for a period of fifteen (15) months from date of invoice. We will repair or replace the product if the product is returned to us; transportation prepaid, within the warranty period, and is determined by us to be defective. This warranty will not apply to any product which has been subjected to misuse, negligence, accidents, systems that are misapplied or are not installed per Veeder-Root specifications, modified or repaired by unauthorized persons, or damage related to acts of God. We shall not be responsible for any expenses incurred by the user. FUEL MANAGEMENT SYSTEM i,- THE BASIC FUELMASTER@ WARRANTY FOR EACH FUEL MANAGEMENT UNIT (FMU) PROVIDES COVERAGE FOR PARTS AND TELEPHONIC LABOR FOR A PERIOD OF ONE YEAR FROM DATE OF START-UP OR FIFTEEN MONTHS FROM DATE OF SHIPMENT, WHICHEVER OCCURS FIRST. EACH PROKEE® IS WARRANTED AGAINST DEFECTS IN MATERIAL AND WORKMANSHIP FOR A PERIOD OF FIVE YEARS. A TOLL-FREE NUMBER FOR TECHNICAL ASSISTANCE IS ALSO INCLUDED. THIS LINE AFFORDS THE CUSTOMER ACCESS TO PRODUCT SUPPORT PERSONNEL WHO WILL ANSWER QUESTIONS REGARDING OPERATION OF FUELMASTER® HARDWARE OR SOFTWARE, AND PROVIDE DIAGNOSTIC CAPABILITIES WHEN NECESSARY. UNDER TERMS OF THIS AGREEMENT, FUELMASTER® TECHNICIANS WILL TELEPHONICALLY DIAGNOSE PROBLEMS, WITH THE ASSISTANCE OF THE CUSTOMER, TO DETERMINE WARRANTABLE CONDITIONS, AND POSSIBLE PROBLEM SOLUTIONS. SYN -TECH SYSTEMS, INC. WILL REPLACE ALL DEFECTIVE PARTS AND PROVIDE ASSISTANCE TO THE CUSTOMER IN INSTALLATION OF REPLACEMENT PARTS TO ALLOW THE UNIT TO BE REPAIRED AS EXPEDITIOUSLY AS POSSIBLE. PLEASE NOTE THAT THE FUELMASTER® WAS DESIGNED IN MODULAR MANNER TO PROVIDE EASY AND RAPID EXCHANGE OF PARTS, EVEN BY NON-TECHNICAL PERSONNEL. OTHER FUEL MANAGEMENT SYSTEMS ARE NOT DESIGNED THIS WAY AND CONSEQUENTLY, DO NOT OFFER WARRANTIES COMPARABLE TO FUELMASTERO. THIS WARRANTY DOES NOT COVER SITE VISITS BY FUELMASTER® TECHNICIANS FOR REPAIR. SUPPORT HOURS ARE MONDAY THROUGH FRIDAY, 8 AM To 5 PM, YOUR LOCAL TIME, EXCLUDING NEW YEAR'S DAY, MEMORIAL DAY, 4TH OF JULY, LABOR DAY, VETERAN'S DAY, THANKSGIVING DAY, THE DAY AFTER THANKSGIVING, CHRISTMAS EVE, AND CHRISTMAS DAY. PLEASE NOTE THAT DAMAGE RESULTING FROM ACTS OF GOD, USER ABUSE, ACCIDENTS, FAULTY INSTALLATION OR OPERATION IS NOT COVERED UNDER THE WARRANTY. THIS WARRANTY SPECIFICALLY EXCLUDES ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES TO INCLUDE, BUT NOT LIMITED TO, LOSS OF PRODUCT, PROFIT, OR LITIGATION FEES. ADDITIONALLY, ASSOCIATED EQUIPMENT INCLUDING VALVES, PULSERS, PRINTERS, PERSONAL COMPUTERS, PUMPS, OILERS, DISPENSERS, AND OTHER ITEMS NOT MANUFACTURED BY SYN -TECH SYSTEMS, INC. ARE WARRANTED ONLY TO THE EXTENT COVERED BY THE ORIGINAL MANUFACTURER. ADDITIONALLY, WARRANTY IS LIMITED TO APPROVED LOCATIONS (GENERALLY THE CONTINENTAL UNITED STATES) AND IS NOT TRANSFERABLE EXCEPT BY WRITTEN PERMISSION OF SYN -TECH SYSTEMS, INC. FUELMASTERO IS A REGISTERED TRADEMARK OF SYN -TECH SYSTEMS, INC. 100 FOUR POINTS WAY, TALLAHASSEE, FL 32305 (800) 888-9136 www.opwgiobal.com OPW STANDARD PRODUCT WARRANTIES NOTICE: FlexWorks by OPW, Inc., VAPORSAVERT"' and all other OPW products must be used in compliance with all applicable federal, state, provincial and local laws, rules and regulations. Product selection is the sole responsibility of the customer and/or its agents and must be based on physical specifications and limitations, compatibility with the environment and material to be handled. All illustrations and specifications in this literature are based on the latest production information available at the time of publication. Prices, materials and specifications are subject to change at any time, and models may be discontinued at any time, in either case, without notice or obligation. OPW warrants solely to its customer that the following products sold by OPW will be free from defects in materials and workmanship under normal use and conditions for the periods indicated: PERIODPRODUCT WARRANTY FlexWorks Primary Pipe 10 years from date of manufacture 1 year from date of manufacture or from date of installation registration All Products Certified to California 2001 Standards` (not to exceed 15 months from date of manufacture) All Other Products 1 year from date of manufacture *Products certified to California 2001 Standards will have an OPW registration card enclosed/attached to the product. OPW's exclusive obligation under this limited warranty is, at its option, to repair, replace or issue credit (in an amount not to exceed the list price for the product) for future orders for any product that may prove defective within the applicable warranty period (repairs or replacements are subject to prorated warranty coverage for remainder of the original warranty period). Complete and proper warranty claim documentation and proof of purchase required. All warranty claims must be made in writing and delivered during the applicable warranty period to OPW at OPW 9393 Princeton -Glendale Road Hamilton, Ohio, USA 45011, Attention: Customer Service Manager. No products may be returned to OPW without its prior written authority. This limited warranty shall not apply to any FlexWorks or VAPORSAVERT" product unless it is installed by an OPW attested installer. This limited warranty also shall not apply to any FlexWorks, VAPORSAVERw or other OPW product: unless all required site and warranty registration forms are completed and received by OPW within 60 days of installation; unless all piping connections are installed with a nationally -recognized or state -approved leak detection device in each tank and dispenser sump (which are not for storage and from which all discharge hydrocarbons must be removed, and the systems completely cleaned, within 24 hours); unless testable sumps utilize FlexWorks pipe and access fittings; unless a sump inspection log or an EPA recommended/required checklist is maintained and the results are furnished to OPW upon request; and unless OPW is notified within 24 hours of any known or suspected product failure and is provided with unrestricted access to the product and the site. This limited warranty also shall not apply to any product which has been altered in any way, which has been repaired by anyone other than a service representative authorized by OPW, or when failure or defect is due to: improper installation or maintenance (including, without limitation, failure to follow FlexWorks Quick Reference Manual Installation Guide and all product warning labels); abuse or misuse; violation of health or safety requirements; use of another manufacturer's, or otherwise unauthorized, substances or components; soil or other surface or subsurface conditions; or fire, Flood, storm, lightning, earthquake, accident or any other conditions, events or circumstances beyond OPW's control. THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND ALL OTHER WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED, OPW shall have no other liability whatsoever, whether based on breach of contract, negligence, gross negligence, strict liability or any other claim, including, without limitation, for special, incidental, consequential or exemplary damages or for the cost of labor, freight, excavation, clean-up, downtime, removal, reinstallation, loss of profit, or any other cost or charges. No person or entity is authorized to assume on behalf of OPW any liability beyond this limited warranty. This limited warranty is not assignable. U P VVI A DiNEa COMPANY 378 9393 Princeton -Glendale Road -a- Hamilton, Ohio USA 45011 � Phone: (800) 422-2525 a Fax: (800) 421-3297 02013 OPW Fueling components mnmun ted 'w Integrated Control Systems Inc. �' 1425 American Way, Cedar Hill, TX. 75104 IN an Voice: (972) 291-6064 1tiaesRfa�{pMS Fax: (972) 291-5975 ��Wed: WWW.INTGONSYS.COM PRODUCT WARRANTY Integrated Control Systems Inc, hereafter referred to as ICS, warrants to Purchaser that Products are free from defects in material and workmanship for two (2) years after shipment. This warranty is conditioned upon proper storage, installation, connection, and operation of Products, prompt written notice to ICS of any defects, and, if required, prompt availability of Products to ICS for correction. Causes of failure which are not covered include, but are not limited to; acts of god (lightning, flooding, etc.) and customer abuse. This warranty shall be void in its entirety if Purchaser modifies Products, without ICS advance written consent to and subsequent approval of any such modifications. If any Product fails to conform to this warranty, Purchaser properly notifies ICS of such failure, and Purchaser returns the Product to the ICS factory for diagnosis (and pays all expenses for such return), ICS shall correct any such failure by, at its sole discretion, either repairing any defective or damaged Product part(s) or making available any necessary replacement part(s). Any Product repaired by ICS shall be covered by this warranty for the remainder of the original two (2) year warranty period. This warranty shall be exclusive and in lieu of all other warranties, whether statutory, express, oral or implied (including warranties of merchantability and fitness for particular purpose and warranties arising from course of dealing or usage of trade), except title and patent infringement. ICS does not warrant products or prototypes provided by ICS for testing or marketing purposes. ICS does not warrant non -ICS products or services. WWW.INTCONSYS.COM EXHIBIT "C" [RESERVED] EXHIBIT "D" NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER STATE OF GEORGIA CITY OF NULTON !—1 'Pwv� J t'' by )N ) , being first duly sworn, deposes and says that: 7 A�1 (1) He is V,'Ca frbt� �� �» �, (Owner, Partner, Officer, Representative, or Agent) of JF Acquisitions, LLC (the "Proposer") that has submitted the attached Proposal; (2) He is fully informed respecting their preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; (3) Such Proposal is genuine and is not a collusive of sham Proposal; (4) Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Proposer, firm or person to submit a collusive or sham Proposal in connection with the Contract for which the attached Proposal has been submitted to or refrain from proposing in connection with such Contract, or has in any collusion or communication or conference with any other Proposer, firm or person to fix the price or prices in the attached Proposal or of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached 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. § 3 -21(d). Signat�u`rejof Authorized Officer or Agent �l Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN TO BEFORE 4a��u+®���°j'+., THIS 13 f" DAY OF '` ' �QARY���` C� /o/te�Public = CoM►+11ZOE7pIFES U XX 13V My Commission Expires Z4.ZD/�SjON c0� Date 11i"1011111114110% HOME OF'THE HEST GUAM Of LIFE IN GEORGIA' 0' ESTAALLSf•SED 200G [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] 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: 414403 eVerify Number 5/11/2011 Date of Authorization JF Acquisition, LLC (dba Jones & Frank) Name of Contractor Fuel Mana ,ement System Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Kennesaw Executed on 5 , 29 , 20115_in (city), GA/ ? 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 JF Acquisitions, 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. Executed on , _ 201_ in (city), Date of Authorization (state). Name of Subcontractor Signature of Authorized Officer or Agent Name of Project City of Milton Name of Public Employer Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF '201_. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: EXHIBIT "G" [RESERVED] EXHIBIT "H" FINAL AFFIDAVIT TO CITY OF MILTON, GEORGIA 1, , hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by JF Acquisitions, LLC or any of its subcontractors in connection with the construction of the City of Milton Fuel Management System 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 JF Acquisitions, 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 183671 A<7C>RDr CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 7/9/2015 r— THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Commercial Lines - 952-242-3100 CONTACT Kim Kunkel NAME; PHONE g52 242.3116 o Ell), ( ) FAA/C No : (866) 710.7430 Wells Fargo Insurance Services USA, Inc. E-MAIL kim.kunkel@welisfargo.com o.com ADDRESS: @ 9 'ERACOJ414 400 Highway 169 South St. Louis Park, MN 55426 INSURERS AFFORDING COVERAGE NAIC # INSURERA: Aspen Specialty Insurance Co 10717 INSURED MidOcean JF Holdings Corp.; JF Acquisition LLC INSURER B: Zurich American Insurance Co 16535 12/18/2014 dba Jones &Frank Corporation INSURER C :INSURER D 1330 Saint Mary's Street, Suite 210 CLAIMS -MADE OCCUR Raleigh, NC 27605 INSURER E : INSURER F: ---------- -- _"VIJIVIY 11ju1nDGrt: oue oelOW THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE INSO SUER POLICY NUMBER POLICY EFF IMMIDDIYYYYI POLICY EXP 1MM/DDIYYYY)LIMITS A X COMMERCIAL GENERAL LIABILITY 'ERACOJ414 12/18/2014 12/18/2015 EACH OCCURRENCE $ 1,000,000 DAMAUE O CLAIMS -MADE OCCUR PREMISES Ea occurrence) $ 1,000,000 X $25,000 Ded MED EXP (Any one person) $ 25,000 Ea Occurrence PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO ❑ GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY JE LOC OTHER: $ B AUTOMOBILE LIABILITY BAP0084084-00 12/18/2014 12/18/2015 Ee aBINEDtSINGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ JX AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE $ Per accident $ A UMBRELLA LIAB X OCCUR EXACOJ914 12/18/2014 12/18/2015 EACH OCCURRENCE $ 9,000,000 X EXCESS LIAB CLAIMS -MADE AGGREGATE $ 9,000,000 DED RETENTIONS $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC0084083-00 12/18/2014 12/18/2015 _ X STATUTE ETH YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? �N NIA E.L. EACH ACCIDENT $ 1,000,000 Mandatory in I(f yes, describe under E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT I $ 1,000,000 DESCRIPTION OF OPERATIONS below :1--7 - - DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Milton, Georgia is Additional Insured as respects General Liabitlity and Automobile Liability where required by written contract. General Liability and Automobile Liability policies are Primary & Non -Contributory where required by written contract. General Liability, Automobile Liability and Workers' Compensation policies include a Waiver of Subrogation where required by written contract. 30 -Day Notice of Cancellation Applies; 10 Days for Non -Pay "The Insurance Company with which this coverage has been placed is not licensed by the State of North Carolina and is not subject to its supervision. In The City of Milton 13000 Deerfield Parkway Ste 107G Milton, GA 30004 Irv11 1 IVIV SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ..v rwvr�u i ial1- anu luyu cu Icynsmieu rriarKs OT /At UKU ACORD 25 (2014/01) (This certificate replaces certificate# 9347180 issued en 7/9/2015) G Iatts-ZU14 ACVRD CORPORATION. All rights reserved. CID: 183671 SID:9347188 Additional Remarks Schedule (Continued from Page 1) the event of the insolvency of the insurance company, losses under this policy will not be paid by any State insurance guaranty or solvency fund. M i"t L t (-)Nil r ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 27, 2015 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Moreland Altobelli Associates, Inc. for the Following Project; "Design Services/Construction Documents, Cogburn Road Sidewalk and Trail Improvements". MEETING DATE: Monday, August 3, 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: y YES () NO APPROVAL BY CITY ATTORNEY y APPROVED PLACED ON AGENDA FOR. REMARKS O NOT APPROVED PHONE: 678.242.2500 I FAX: 678.242.2499 ca Green -� cemr;� w1LDUFE Community ' Eth"r info�cityofmiltonga.us i www.cityofmilfonga.us ' ��hica� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 1"00 Page 1 of 1 To: Honorable Mayor and City Council Members From: James Seeba, Stormwater Engineer Date: Submitted on July 27, 2015 for the August 3, 2015 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Moreland Altobelli Associates, Inc. for the following project; “Design Services/Construction Documents, Cogburn Road Sidewalk and Trail Improvements”. ____________________________________________________________ Department Recommendation: Approval. Executive Summary: This project is to complete design services on two segments of sidewalk located on Cogburn Road. The two segments extend from the Alpharetta City limits along Cogburn Road to the intersection with Windward Parkway/Webb Road extending northward along Cogburn Road to St. Francis School. Funding and Fiscal Impact: This design project is partially funded by the MARTA Offset Grant which is reimbursable. The cost of this project is not to exceed $19,400.00. The balance of the project costs are to be paid through Capital Project funds. Alternatives: N/A Legal Review: Jarrard & Davis, LLP – Paul Higbee, 7/9/2015 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Addendum #1 HOME CF Mt E51'ABUSIFED 2006 PROFESSIONAL SERVICES AGREEMENT Design Services/Construction Documents Cogburn Road Sidewalk and Trail Improvements This Agreement made and entered into this day of , in the year 2015, by and between The City of Milton, Georgia (sometimes referred to herein as the "City"), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and Moreland Altobelli Associates, Inc. ("Consultant") having its principle place of business at 2211 Beaver Ruin Road, Suite 190, Norcross, Georgia 30071. WHEREAS, the City issued a Request for Proposals, to solicit professional bridge design services at two locations along Birmingham Road; and WHEREAS, based upon Consultant's bid to provide the services as required by the RFP documents, the City has selected Consultant as the winning bidder, and WHEREAS, Consultant has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Consultant 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 Consultant is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: 1.0 Contract Documents This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A REQUEST FOR BID/SCOPE OF WORK EXHIBIT B RESPONSE TO BID/FEE SCHEDULE EXHIBIT C INSURANCE CERTIFICATE EXHIBIT D CONTRACTOR AFFIDAVIT EXHIBIT E SUBCONTRACTOR AFFIDAVIT To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. 2.0 Scope of Work; Compensation 2.1 The Consultant agrees to provide all Services specified in Exhibit "A." No payments will be made for unauthorized work. Invoices should be submitted to Bernadette Harvill, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. 2.2 City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a lump sum fee of $19,400 (the "Contract Price") for the following tasks without prior written approval from the City. Task 1- Survey — south side of segment 1 Cogburn Road Task 2- Final Engineering Design and Construction Documents (2 sets) 2.3 Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. 2.4 The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Consultant and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Consultant shall proceed with the changed work. 2.5 Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Consultant. 2.6 The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $25,000, must be approved by resolution of the Milton City Council. 3.0 Independent Contractor 3.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense, all permits, license or approvals that may be necessary for the performance of the services. 3.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 4.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder, Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub - consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 3 5.0 Insurance (1) Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub -consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. 4 (i} The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability, (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (c) All Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior 5 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 4 of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than ANII. (6) Verification of Coverage: (7) Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. Sub -consultants: Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverage for sub -consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (S) Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Pam The City shall be named as an additional insured and loss payee on all policies required by this Agreement. 6.0 Term; Termination The term of this Agreement shall be from the date the city issues a Notice to Proceed and shall terminate absolutely and without further obligation on the part of the City on December 31, 2015, provided that this Agreement, absent written notice of non -renewal provided by the City to Consultant at least thirty (30) days prior to December 31, 2015, shall automatically renew on January 1, 2016 to December 31, 2016. The City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 7.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 8.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. 9.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 10.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 11.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 12.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 13.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 14.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 15.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. 16.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to; Moreland Altobelli Associates, Inc. 2211 Beaver Ruin Road Suite 190 Norcross, Georgia 30071 17.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 18.0 Employment of Unauthorized Aliens Prohibited (1) E -Verify Affidavit It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "D" and "E" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E - Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "D", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.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 "E", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. x 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. 19.0 Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 19.0 in every subcontract for services contemplated under this Agreement. 10 The parties also agree to comply with the requirements contained in Exhibit "D," attached hereto and incorporated herein by reference. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON THE FOLLOWING PAGE] M SIGNED. SEALED. AND DELIVERED In the presence of: Witness (Corporate Secretary should atte t) y'k c K' i e M (-)CQ � anH Print Name Notary Public [NOTARY SEAL]'a�ELLE T.qA •,• My Commission Exits: GEORGIA 2I Z I = IXC 26. 201,5 • �if;ABL +�'• SETT CC� •'� SIGNED SEALED AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: Moreland Altobell' Associates, Inc. Signature Buddy Gratton Print Name President Title [AFFIX CORPORATE SEAL] MILTON CITY COUNCIL: Joe Lockwood, Mayor [CITY SEAL] 12 EXHIBIT "A" REQUEST FOR BIDISCOPE OF WORK Scope of Work: Design Services/Construction Documents Cogburn Road Sidewalk and Trail Improvements This scope of services is for Final Design Services for the roadway, drainage and sidewalk improvements on 2 segments of Cogburn road located in the City of Milton. • Segment I extends from the intersection of Windward Parkway and Cogburn Road toward the south approximately 1000 linear feet to the boundary with the City of Alpharetta. Services include road profiles, driveway access, drainage improvements, grading and sidewalk plans. All improvements shall be within the existing right-of-way. Existing survey data will be required for the south side of the roadway segment. • Segment 2 extends from the end of existing sidewalk located near the culvert over Cooper Sandy Creek approximately 1000 linear feet southward to the existing sidewalk located on the property owned by the Fulton County School system. Improvements on this segment include sidewalk/trail plans, grading, and drainage improvements. Survey data to be provided by the City of Milton. The design services shall include all construction drawings and specifications necessary for the construction of each segment including any grading, roadway, curb, drainage, and sidewalk improvements. There shall be 2 sets of plans (1 per segment) and specifications provided which shall, at a minimum, include the following: a. Conduct necessary hydrologic and hydraulic computations; b. grading and drainage plans, c. roadway and drainage profiles, d. layout plan, e. roadway cross sections and paving plans, f. erosion and sediment (SWPPP plan) control plans, g. utility locations (services to include all submissions and coordination efforts), h. traffic control plans and detour routes as may be necessary, L staking and layout plans, j, construction details, k. right of way plans and easement and right of way exhibits as necessary. Easement and right of way exhibits may be priced on a per parcel basis and should include a legal description. The price submitted for this bid should include (separately) a per parcel price for preparation of these documents. The City will make arrangements for obtaining these easements. The design specifications for this project should meet City of Milton standards. EXHIBIT "B" RESPONSE TO BID/FEE SCHEDULE Moreland.Altobel l iAssociatesd11C 45)) c'onmer r e :4vc See 1'W. fAilurh, 6'A 3006 NATkentas Q M reland, PE Buddy Grattan, PE Georje M. Byrd. FE `Vickie F. Morelard 81adiey M, I A4'. c CEO President Senior VicePresiden CFO Vicel'3esden! L.N. Manchi, PE Jx McGrew, PE Richard C. Bowls i. PE Ait;ert J Joyner. ;r. Henry E Gnlil^s, Jr Vice President V:16 President yiQe P:'q,icken[ Vice President Vice Preside€!t July 8, 2015 Mr. Jim Seeba, PE City of Milton, Georgia 13000 Deerfield Parkway Milton, GA 30004 RE: Cogburn Road sidewalk and trail Dear Jim, Moreland Altobelli Associates, Inc. (MA) proposes to perform services related to the subject project: The Scope of Services is as follows: Scope of Services SEGMENT 1 1. Design and construction plans for approximately 1000LF sidewalk with curb and gutter along the north side of Cogburn Road (from just west of Windward Pkwy to Hopewell Plantation Drive). This segment has previously been designed and will be redesigned to avoid right-of-way and easement acquisition. The existing curve in the vicinity of 13100 Cogburn Road will be flattened to reduce the radius. Additionally, consideration will be given to a slight shift in the roadway alignment to provide additional room for the sidewalk on the north side. The roadway section may be reverse crown to avoid inlets and pipe along the north side. 2. Existing survey (CAD file with survey shots) will be provided by Milton. Additional survey will be collected along the south side of the road. SEGMENT 2 1. Design and construction plans for approximately 1000LF concrete trail with curb and gutter along the west side of Cogburn Road (from just north of School Drive to the existing concrete trail). Roadway drainage design will also be performed. 2. Existing survey (CAD file with survey shots) will be provided by Milton. Items not included in the scope of services If the following items are requested, they can be provided at hourly rates. 1. Geotechnical investigation. 2. Local or State permitting. 3. Water quality design. 4. Bidding assistance. 5. Construction -phase services. Cnrporare Ileiulyeau7arx. =J?(.r Cvmnrc°ere he tint 11f0 13rJrrtJr, GA 30!196• 771).63-_±91� f czr: ?,-r+ _6J-0166 • rna'i;racrcti.oei EnRinecr€na, 1 andscnN Architecture. Plunn!nt=_. land Acqui<ition, Sur e%mg. i;awC n€cal. l €r+irorf€n.ntal. \7aterialr'rr.tin, Fees 1. Additional survey along south side of Segment 1: $4,600 2. Design and construction plans for Segments 1 and 2: $14,800 SUBTOTAL $19,400 3. Plats and legal descriptions $800 per parcel Requested work beyond the scope can be provided at hourly rates in Exhibit A. Refer to the next page for MA hourly rates. If you have any questions, please call me at 770-888-3496. Sincerely, ef::z_ Eric W. Brown, PE Project Manager Cell: 770-888-3496 2 of 3 EXHIBIT A For requested work beyond the scope of services the hour!y rates below apply: CLASSIFICATION MORELAND ALTOBELLI ASSOCIATES, INC. HOURLY RATE SCHEDULE PUBLIC CLIENTS (Effective January 1, 2014) RATE PER HOUR Principal. .......................... ................................................. ...................................................... $150.00 Senior Profess ionaI/Department Head/Program Manager.......................................................... $155.00 Registered Professional Engineer/Project Manager/Surveyor/GIS Manager ............................... $125.00 Right of Way Review and Appraiser........................................................................................... $120.00 Engineer...................................................................................................................................... $98.00 Professional (Landscape Architect, Ecologist, Historfan, Appraiser, Relocation Specialist) ....................................... $84.00 ConstructionEngineer................................................................................................................. $90.00 Designer/GIS Specialist ....................... SeniorInspector.......................................................................................................................... $72.00 Inspector..................................................................................................................................... $57.00 Design/Survey Technician/CADD Operator ................................. ............................. $70.00 Clerical........................................................................................................................................ $50.00 Paralegal..................................................................................................................................... $67.00 SeniorField Technician... .................................................................... ........................ .............. $72.00 FieldTechnfcian.......................................................................................................................... $57.00 SurveyCrew (2 person)............................................................................................................. $110.00 Survey Crew (1 person and robotic instrument)., ............................................... ......................... $90.00 SurveyCrew (3 person)............................................................................................................. $135.00 SurveyCrew with GPS............................................................................................................... $110.00 UtilityLocator.............................................................................................................................. $65.00 AcquisitionSpecialist.................................................................................................................. $72.00 3 of 3 EXHIBIT "C" INSURANCE CERTIFICATE t'l—afi. 499onas i,tmnRFI At T ACORD,. CERTIFICATE OF LIABILITY INSURANCE uAT£ (IA"DNYYY) 1 0711012015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DORS NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate doss not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER BB$T Insurance Services, Inc. CONTACT NAIAE: PHORE 774 664-6818 FAX 888-827-9870 'V Ho Et: AIC No- P.O. Box 2190 Alpharetta, GA 30023 E-MAIL D Es . INSURERSAFFOROINGCOVERAGE NAIL: Phone - 770.664.6818 INSURER A:Amerisure Mutual Insurance Co. 23396 INSURED Moreland Altobelli Associates Inc 2211 Beaver Ruin Road Suite 190 INSURER B INSURER C. INSURER D Norcross,GA 30071 INSURER E.- :Norcross, INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE Of INSURANCE DOL INS -SUS wvo - POLICY NUMBER POLICY EFF MMIDD POLICY EXP MMIDI)NYrn LIMITS GENERAL LIABILITY EACH OCCURRENCE 5 DREJAI E EaEnOcr,ca S COMMERCIp.1 GENERAL LIABILITY MEDFXP(Anyone parson) S C4AMS4JADE OCCUR PERSONAL & ADV INJURY 5 GENERAL AGGREGATE 5 GENtAGGREGATE LIMIT APPLIESPER'- PRODUCTS-GO!.tpiopAGG $ $ POLICY PI LOC AUTOMOBILE LIABILITY CO!.teINEOdanl SINGLE LIMIT Ea acd BOD$LYINJURY (Per perwn) S ANYALITO BOUILYINJURY (Per eccident) S ALLOVINED SCHEDULED AUTOS AUTOS NON -OWNED HIREDAUTOS AUTOS - PROPERTYDAMAGE 5 (PeraCddan 5 UMBRELLA LLkE OCCUR FACH OCCURRENCE S AGGREGATE $ EXCESS LIAR CLAIMS44ADE DED J I RETENTION$ S A 1'1ORKFRSCOMPENSATION AND EMPLOYERS' LIABILITY YtN ANY PROPRIETORIPARTNERIEXECUTIVE —Y OFFICEROAEMSER EXCLUDE07 (Mandato,y In NH) N f A X WC2088691 8101!2014 08!011201 X ting SRY A!N rp E.L. EACH ACCIDENT S1,000,000 E.L. DISEASE - EA EMPLOYEE $1.000.000 rtyas. descnbe under DESCRIPTION OF OPERATIONS biocw E.L. DISEASE -POLICY LIMIT $1,000,000 DPSCRIPTION OF OPERATIONS I LOCATIORS t VERICLES (Attach ACORn 101, Addltlonal Remarks Schedule, If more space Is required) Project: Cogburn Road Sidewalk and Trail Improvements A Waiver of Subrogation applies In favor of The City of Milton, its officials, employees, agents and volunteers, with respect to Workers Compensation, where required by written contract with Named Insured. A 34 day Notice of Cancellation applies, except for non payment which contains a 10 day Notice of Cancellation. The City of Milton Attn: City Manager 13000 Deerfield Parkway Suite 107E Milton, GA 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE PORATION. All rights reserved. ACORD 25 (2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD f1S144752301M12786788 ALG A" ]?& CERTIFICATE OF LIABILITY INSURANCE ��i�� oi"5' THIS CERTIFICATE= IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE" HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE: OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTAnVE OR PRODUCER, AND THE; CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION 15 WAIVED, subject to the terms and Conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsemont s . PRODUCER CONTACT NAME: TAMMY NASH ManTjT & if@3tOn, Inc. E. (770) 939-3231 FAC No: (770)939-0978 TNASHOMANRYHESTON.COM Joe Bradley P.O. Box 49607 INsuRER 5 Ar FORonIc covERACE rMC # INSURERA :Tra,'VelerS Indemnity Co A+ • XV 25658 Atlanta GA 30359 INSURED INSURERB:Endurance American 3 ec (A; XV) 38970 Moreland Altobelli Associates, Inc. INSURERC: 2450 Commerce Avenue INSURERD: INSURERE; Suite 100 Duluth GA 30096 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS iS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE D DL S POLICY NLUB RIBER MPA1DWO MM)DO LICY EXP LffiUTS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X CO)AAIERCLAL GENERAL LIABILITY CLA).4S4,jADE a OCCUR X DAATV r:i N 300, 000 MED F_xP (Any one pxeon) $ 10,00C X CONTRACTUAL LIABILITY 630-80141134A /01%2014 /01/2015 PERSONAL EADV INJLJRY $ 1,000,000 X INDEPENDENT COFTRACTOR GENERAL AGGREGATE $ 2,000,00() GENL AGGREGATE Lh.417 APPLIES PER: PRODUCTS- COMPiOP A30 S 2,000,000 POLICY X PR41 LOC $ AUTOMOBILE LIABILTTY Cdl ra w'Llwll 5 1,000,000 BODILY INJURY PK person)PALLO%NNED A Ix MYA�O SC�DULED X810-8014ti34A /01/2014 /01/2015 BODILYVJURY(Rsnieraer4) $ HAFOAUTOS X AU 0 NON -OWNED PRO IR y Lr. GL $ UMBRELLA LLAB X OCCUR EACH OCCURRENCE $ 3,000,000 A EXCESS HAS CLANISAAADE CUP -80141134A /01/2014 /01/2015 AGGREGATE $ 3, 000,Q00 DED I X I RETENTION 0 $ X I WORKERS COMPENSATION IOTH. AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIP/-RThERETECUTIVE❑NrA OFFICERP6EI/,6ER EXCLUDED' (idandataryInNH) t iTI E E.L.EACH ACC 10eiI $ E-L-OnFASE-FA F)-IPLAYE $ Ifyy��ttS, d45cri7a viler 6ESCRIPTIONOFOPrRATIONS he'Aw E1.-DISFka:E- POLICY LPdR $ B PROFESSIONAL LIABILITY DPLI0005531400 /15/2014 /15/2055 OCCURRENCE 1,000,000 DEDUCTIBLE - *100,000 AGGREGATE 2,000,000 DES C MPTt ON OF OPERATIONS I LOCATIONS r VEHICLES (Attach ACORD 101, Addhlona) Remarks Schedule, Itmere space IS regLdred) RE: DESIGN SE?'RVICES/CONSTRUCTION DOCUMENTS COGBURN ROAD SIEnMALK AND TRAIT. IMPROVEMENTS ADDITIONAL INSURED(S) INCLUDING ONGOING AND COMPLETED OPERATIONS/PRIMARY & NON-•CONTRIBUTORY/14AIVER(S) OF SUBROGATION APPLY WHEN REQUIRED BY A WRITTEN CONTRACT IN FAVOR OF: THE CITY OF MILTON, GEORGIA, ITS OFFICIALS, EMPLOYEES, AGENTS & VOLUNTEERS. 30 -DAY NOTICE OF CANCELLATION APPLIES PER YOi04(S) ATTACHED. RIGHT OF WAY COVERAGE - $25,000 DEDUCTIBLE, "'PHIS CERTIFICATE OF INSURANCE REPRESENTS COVERAGE CURRENTLY IN EFFECT AND MAY OR MAY NOT BE IN COMPLIANCE WITH ANY WRITTEN CONTRACT." THE CITY OF MILTON, GEORGIA 1.3000 DEERFIELD PARKWAY SUITE 1070 MILTON, OA 30004 L;ANUL:LLA I I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED JN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHOIVZeOfiEPR`cSENTATIVF Bradley/AMT 4:71>. </- — "a', ACORD 25 (2010105) O 1988-2010 ACORD CORPORATION. All rights reserved. INS025 (201005).0) The ACORD name and logo are registered marke. of ACORD POLICY NUNW-R: 63(I 801034A COMMEIRCIAL GENFRAL LIAMLITY THIS %DORSEMENT CHANGES THP POLICY,.PLEASE-READ IT CAREFULLY. ARDHITECTSs ENGINEERS ANIS SURVEYORS INDUSTRYE GL" ENDORSEMENT This endorsornont modiilos insurnnce provided under the follovAng: COMMERCIAL GENERAL LIABILITY COVERAGE PART Cv N1'RAL DESCRIPTiON OF COVERAdE — Tills enrigrsenleni broadens coverage, Howavor, coverage for any Injury, damage or medical expenses describecl'ln nrry of the provlslons of Ihis.ondorsement nlay be oxciuded or Ilmifed by another onclorsement (o this Cotrdrage Part, anct;iltf'se coverage broadening provlslons do not apply to the Want'thnt coverage is expflydod or limited by such an endorsenlont, Thu OlowlV Ilsllncj.ls a general cover- nrfo dosorlpllon only. Llrnitatlons and exeluslons may apply if) these covoracgos. kead all tha provis€ons of tills ell- dorsament end, Iiia rest of your policy carefully to deternilne rights, dutlas, and what. Is and. Is not ooverecl. A. Broadonod Namod insurod M. Who Is An Insured — NG%Vly Actiulrod Or B. Incidental Medical Malpractloe Formed'ftsnlzatibns C. R Force — Bodily Injury or Properly N. Injury To Co�Einployaes Ahd Co-Voluoiow .das❑)rabl$ Darnago WorWs D. Wil-amnnci VVM06,rag--'Itlrrea4Qd T6- tip Th Q, medlcaf P?$Vents W1 76 feet P�. Kf)ov4060 Arid Notice Of ©ccurrence or 1=, Alreraft Phdrlered With pilot Qlidnsd F. Extension Of Coverage — Ddrilagd TO Q, other insu(09M Condition Premises Rented To You R) Unlnten[ionrtl oml4don C. PorstirralInlury—Assumedly-Conirmt $; Watver.Cif Tfanrfsr qt Rights Ut Rec¢vety H, Increased 5upplornonfary Ppymonts Acgalnst OIJI$rs To tis• Whrm Required By Contract I. Additional Insured — 'Oft0., 'Moria: ar (jr T, 130ily h1juty, :Dotinitton Lessor Of Prer�llses .Amajided .I, A(lc{illonal kn�trrect— l-espor or I-Qeal;d Fgulp, U. Amended. Insured Contract Peflnitmn — Pail -woad 8aserrlat',I K. Addlllonni Insured — State Or Political V. Ad0brial Ddfli3[11[0rl — Writtetl Coni(eal Re- Subdivisforls — Pormlts Releting'To I renllsso gtrtrrng insurance R. Additional Insured w %Ole Qr Polltical Suhdivigions — Parmlle Holating To Operations PROVISIRN$ A. I3RbAOl N( 1) NAMFD. INSUFiEt) -- IJWNAMt t7 SUBSIpiARIES The Named Insured to lien) 9. of the Oaclbraliona Is salt nded as follovM: The per..son or oTganiption. nabbed In Itern I. of the- Dodarnfions-and any 0f&)Vzafldh' ot[W vion a partnership, Joint vanlufe, .{Imited linbifify corn- pally or trust, of Svhluh you are the sol$ aWner of In which you, fnalntain the mojurily awparslilp irl- tereat oil tt,a effed0i date of the pol[cy. I40w_ Bver,.coverage far any. sued acidillmW orgaNza- IlbN 11411 cease. 7n) of tho Qrtte, If any, during the Policy -{ler[oti, (hat you no [013ger are trio solo nWfier of, or mallitaln the mnjoiily m1mershtp In- teraut In, such organlzallon. iNCiP1=NTA., Mi-PICAi, MALPRACTICE � . �'hd foijo�ving is acif�ed to the definfiintl of trtirfense" [tithe DEFINITION$ sectl4n: unless yoo are In the business or occupation Of providing prpfgs9JDnW health rare seryicos, ocmurrertee' also niegns 7n act or otnlsSlotl CG D415 05 08 (i av_ to-Qay iD2008Thn YfAVAIA(AC(11)PA(4b9, IAA. Pr39e I of'8 COMMERCIAL GENERAL HAt31LJiY cumhiltted by any Of your'emplOytres' whP is employed by you as a reglmered nttrso, II- c$nsed prmellcal nurab, ettiergency medical technician or pararnedl% in, jr9vi(1419 of InI1103 to provide {'incidental me-dfcAl sorvlgoe or "Good'Sommilan, servicee'lo to pursan. 2. 71�e faliav+ln� Is addad to the DEFINITIONS Sectlon: a. "live€dental mediol "Nlces" tltoans nterlicai, surgidai, dcnlal, laboratory, x-ray or twrsing gervloe, treatCj mil -WOW or Instruction; Ilia related fumishing of food or beverages; ilia iurnislilttg' of dlspens- Ing of drugs or modlatil supplies Qr appll- ances; OrlImt 0d. t?, 4aoDa Samaritan aerYlcesy rbonhs lhos; rnedipal servto-es rendered or pPpvldod in an emergency atilt 'for:'khIch ho rdmu- nerallon Is demandatf or rebelvda. 3. The following Is addod to Phia"pli.2:a�(f) of NEC ION.II w WHA IS AH it SLIFtED Paragraphs (1) (ai)t (b), (c) and (d) :above dd not apply,{¢ zany of your "umpinyees" vrha Pra employed by you as a registered nurse, It- ronsod Practical nurse, en woortcy med16 ti techill(Aalt or poran1tydlo bull only, WOO ill -. faxmin� the 'servlws durid1bod ifs Paragraph 1, oboV$ and whl10 actlii4WWII Ihescope of ita,3lr empioyMaht by yott. Aby sue€} °employ: aes" rendering' "inelddlif:il ined[01-sef ,00 or °Good Sasfiarltdn seNtcaa" will he claerbed to .be acting 4vllhirl the, scope of them 01ploy- ment vy you, g. The fallowing excluslun Is added to, Pala - graph 2, Exclusions of SECTION I COW I~RAGES — COVERAGE A 130DILY IOURY AND PROPERTY DAMAGE LIA911_(VY! Sale of Phar6TaGeUtICal6 "l ddlly Injury" or 'property dani©ga" aaialpq opt of the willful violatlon-of a pa stat stat[ffg or brdinatiGa rafatlnp t0 tha 9816.01 Phbrmacpaitl- wis e6ri milted by -or whit the knowiedgo or Consent-ofthe lhs4red. s, Tlti, fo(luwlnq Is txt dkd tg �moprt. m) 4., L"X- aQas .ImurotlCq, of sr ONION IV — .CUM- M_KIAL GENERAL. f IABILITY CONI)k TIONS: This lrisurohde. is exeas over- airy vti d .elld collecilbla "oilier inpuraraee",'whpt€ter primary, excess; contin:gant or on tiny. ;ager bask, that Is avallabla to. you or afiy of your "a3mployee0. Jqr "bodily lnjgry" lh@1 arises out of prcMdltag 01`1 111110 io provide "Incidental madlcEll -aer- vlaos"'of "Good Srtmarlton servlcea", except for liOurarft pttrphased @pgpifrcally by you to apply In excess of the t_irnlis of Insumco sllovpi in tie f?aola3rIions for 11119 Coverage. Port, 6, Tile following Is -added to Paragraph_ s, of §gG'Fl6r3 Ill — LIMJS OF 1.N6URANGE: Por the purposes of deterntlning the applica- ble Each Gcairreftce Umit, all related acts or orntsslons comrntttod by.any of your "employ- e6e In providing or felling to provide "lnddan- tat n1ediea3l services' or 'Good, Surnariten ser- vicip. ' td rtaiy oleo pprson will be deertted to b� oma'10 cutrenco". C: REA$0NAE$Ll<F0RglZ PRO l'ERTY DAMAGI — E}CGFP i IQ TO FX STI 4 OR INYENPeD IN- •JtIt7Y EXCLUSION Tlie folloMrig replaces Exekrslot] -),, Ei PQCtstf Or iutettdad lrtjury, in F aragrsptt 2. of SECTI.ON I GaVQptAGt-5. -- COVERAGW A 13POILY IN- .113RY ANp PROPERTY RAMAG#= E:fA6It,l f1': a, gnpgoted orlt'ttenraed injuty 9rJP0mgg@ �'Epolly Irfjttryu or °propetty dantaye'F axpecfAci pr 1E1t?n(IarCl from .{Ite stondpofnt Pt ilia .Gi- sured. Iiia exctusfott claw n 'I apply to "bad - By 111jury" of "Ifro' 'petty iiatrlage" resulting from Ilia. use of r©aaoiiabie- force to protect any Poison pr properly. I3,. NoF1.pWMEO WATERbkAFf — INCREASED T.0-UP'TO 76 VE5r 7. Th6 fdltoiying re{atacds PAr rAph (2) of e* cltlslgrt Aircraft, Aufo err vklatrcraft, inF'afa�g(gp 3 2, of SECTION l— CQ1lE RA,0�8 00V�RA A 60011.Y INJUPY' AND PRQP5R-fY DAMAa3l 'LIAj3QTY:: () A vrdteroratt you. da not Eft 019t is', (a) Loss than 7 feet long,.gild {b} f76t bgl%trgett'la carry nfiy parson or property for g claa4gs, 2,. The follOWIng IS adctsd.to �!EC'VON It -- WHO IS.AN iNBQRED: Any parson woo, with yntir e9pressQ0 or In - .pflecl txaMW11t1 eltlter uses OT Is regpvraslble for t€ o -+as$ of a nonomled vrptercraft that Is less jlmrr7* feat end ftoi pafnp,usccf to rry ppr- s6n or prvptsrly-fir clmget Is ifletu 6d as alt Insurett'untlsr tills C4veraae-fart. Pacgo 9 of 8 e`t.�d(>rtllasTrhvst�ls' btnPn+oio3 Gte. CG.D4.15-03 ab (Ray. i"o) E. AiRCRA1=T OHARTERIRD WITH PILOT I he tallowinU IG �Wded to 8xclu6lon g„ Alre-raft, Auto Or Watormift, to FziWraph 2, of SIESTION I -- COVERAGES — coVERAGE A BODILY IN- JURY AND PROPnTY OAMAG� LIABILITY: This exclusion doss nol npply to an nlr raR that Is, (a) Chartered wit)) a phot to any Insured; attci (b1 Not owned by.any Insurdd. F. EXTENSION OF COVERAGE -t DAMAGE TO PREMISES RENTED TO YOU 1, The follovrfng repirtces the last paragreph of SECTION I -- e.OVERACES — COVERAGI= A BobtLY INJURY AND PROPERTY DAM- AGE LIAPILITYt Excluslons v,. through ft. do not apply to d6Mr age to promises whlfe rented 10 you, or tom- poradly occupled by you with porn[ slam or the owner, caused by: a. Pro; b. 1=xptamiorli c, LIghtninfl; d, atnoke resuitlnJ'fronrsUGh fire, explas;ob, or Ifghtning; or a, 1�flter. A separitle lirnit of Itrsurahce cippllee til flus covara�a as dasorlbad.11l SECTION 111- LIM- iTS OF 1NSURANt31; 2. Tho insurance undar Jiffs. Provision K does not r poly to dnniage to premises W11119 ranted to you, or teMporarily occup#ed by you with permission of -the owner, caused by: n. Ruf)tur©, bursting, or -operaflan of prat - sure i•mllef d6vlcos; b. Raptura or burgling due to -expansl6n. or mVQlling of Ilia content's of'ahy bulldinp or structure, caused'by or tesulttngTroni wa- ter; or e. Explosion of stunt poifere, stesrn..plpaaf stparn ongines, or steam turWlles, 2. The followIng replaoas ?arograph Q. of SEG - f [ON III — LIMBS OF INSURAN&E COMMEWAL (3PNERAL LIA81LITY Qi the viner, caused by, tire; explo5loh;11roi1t- bing; smoke resulting from such fire, expl4- alotl, or flghthing; or Wfe'r. The Darn,, a To Premlgak Rented To You I -ImIt W11 a1r1* to ail "property .darnaga" prwdalaloly caused I y lino seme f'occurtence", Mether ,such danjage fesulta frgrn,: *6; pxpioslon; frghlnlrq grnoko resulting from such tiro, exploMon, or HIM- ning,, or wafer; or any combination of any of those oauses. The Damage To PrerhIses ptbnted To You LIMIt VAI Ba the higher of: a. $340,000; or h, The snlount .silovm for the Damage To Prepilseg Rented T6 You Liniit In the Q�cl�ietEgns fqr 1111% CovetAge P.W. 4. The follovArig replaces Paragr-apli n3 4f the deflnEtlon of "insured contract" In the DEFINI• TIONS 5ectton: a, A contract for a Ieasp of premises, Flow- ovar, that podion of (ho 6oriirabt for s I6a&6 of prentloe� that IndontnWa any person or. organitatlott for daMfig$ to prenilses whlI& 'rented toya�t, or tempo- mrily ot;cupkw by you vt;t t 176tntlsslon of, filo ow.ot .r, -mined ley: 1lre; 6X10slon; lightwngt sntbke re.sultiAg rrom such f1rd, egloslon, or Ilghining; or Vrater is not qn "insured WhIrael`t Q,. PERSONAL iNdURY — ASSO MEA OY CON. tHAOT The follo+Nitlg replaces Exolut lon a.,. Contractual l_labiljty In Ppragmph 2, of SECTION I—,COV-- :Ekk§ES — CQvEKAG.t; E PERSONAL AND ADVERTISING INJUkY i_1ABI1LITY; Wverti$ing inf ury" for which ttie lnsumd 1ias as- sultted ilablllty in x ,contrast or rigreoment, This dKolusion does not ogply to liability for donirtcges that lM6 Ir1fvpxt W6010 hove 111 Jho tat>sbtice of 14 . oorttract or agrdemonf, H. INCREASUD SUPPLEMENTARY rAyMI:NTs 1. The following faplaoos PEtrRgrbph I& of SUPPLEMENTARY PAYWNTS — GOVER. AGES A AND R of SECTION I _ COVER Ade$; Subleol to: 5. above, the DaMEg6•To Pram- k, UP to $2150Q tot W4 of ball Iorula re. Ises Ranted Tp Ybu 1-Ih1It is.the most.Wd Nv1ll qulydd Oscause of accidents or-traifle law pay urtdar Covoraryr- A for tltri Start of ail V[olatlorts ari;lltq out, pf the use of any duniagus beewr;e of "property- dpiriag8" to Vshtale fo whloti thh B,odlfy Injury bablllty any one? premises While* refiled to Y00v or coverage applla% W13 do hot hav8 to fuw tomporarily occupldd by you with permission nislt.thm.a bands, CG D415 05 08 (ft6v-10M) 024nt MWTrAMOrk bonfpd110s,11C. 17age 3 of 8 COMMERCIAL. Gi fWiERAL LIABiI-ITY 2. The following faplare'a P-4agrmph 114 of SUPPLEPAEi TARY PAYMENTS -- coVFR. AGES A AND A of BROTION I — COVED. AGES; d. All roosonable expenses Incurred by the Insured at aur request to assist us In the invad0galton or defetle4 of the cfalril or "suit", Including aotuel toss of aarnings up to $500 in clay because of 116m off from work. performed,: by or on beheit or such additlohei fft0id; at (3) AI}y prerdi es faf which coverage a Is erloludad ; y another endoraehient to -this coVorayo Part, 3. This Provislon i. does oat apply on any basis to my person or organization for which cov- oraya as an additional insured speclflcaily Is added. by-emothor ondorsome pt to this Cover- age Part, 1. ADD11IONAL INSURED -- OWNER; MANAGrK J, ADDITIONAL INSURED — LESSOR 01; LEASED 09 LESSOR OF PREMISE=S tQUIPNIPNT 1. The following Is added to SECTION II —WHO 1. The foll"ov4na Is lidded to SECTION.11—WHO IS AN INSURED, IS AN INSURED: Any parson or organization that you have agreed In a "wdtton contract requiring in8ur- artcn° (o. Include as an addltlow( Insured on Ihfs Coverage Port is an Insured, bull, a. Oniy vAth respect to Iability for "bodlly In- Iu ' or "properly d_ahrz)ge" IhM ocdtfrt, or "personal, injury" miused by on, offense com ijlod, after you have ont$red into tii3t'wfllten cui,Wactrequlring 1nsutarlcg"; and b, only If thq "bods y injury', "property d6til- age" or. "parsollal ftljtiry" Is caused, Iii whole or Ill pntl, by acta or Qmisslons of you or slily pers-on or yryanlzolft pQr- forming operations an your bahalf; end arises out of Ilia owliershlp, fnfkrt1411utac6 or use elf that pert of 06y preftilAM-ir?.6440 to yotl jpn er Blot: "written rontms.(t roqulr- Ing Inawmiccy. 2, The In&uranco provided tg'suc)i additiorlal;ltt'• shred undor this Provlsluti'I. Is dubjecf to the following provisions: o. Thb Ilmlta 6f Ihsurence affcrded to such addltlonal Insured shall be 'tha lini4ts which you ailreed to pr4vidn In tho '%vrit- ten contract roquiring lnsutance", or the tlmits shovin In the Declatatfgrts for this Govetaga fart, .vijl�heVer aro 188.9; and b, Thi; iasuranca-afforded tosog4 add111011al In,mred loos not app4y Im - (1) Any."hodfly )njucy" ar ypropedy dnol- up.7 that accu(s, or "persohel injury' caused by an ottonq@ camilte-1. Of - tar you cease to be rl tenant In thpt prerjllses; (2) Arty structural rlftQr, tttotl3, new snn� slructton or .damoll(lo' i operailooa Any person or organlzallon that you have, -agreed III a Vrltteir contro requiring insur- ance to include ne alt acldiflonol lnsured oil thlsCoversge Part Is an insured, but; o, only with respect to liability for "bodily In- jurr or ''.proporty damage" that occurs or TotstMpl. [A]UN, cstised by- an offenso, .committed, atter ypt have enlered Into trot "vrrltten contract requiring lnsurance", end b. Ot}ly If the "badlfy Ihjuty', "property dam- age' or ''parsonal iA)uV' is 'caused, Io' who1H or jll pgflr' 0 3pts or gml[ 516ns of you or Elly parson or jorganizatlon par - forming aperatlons qn your Behalf; in the RlatntP,ltaliveoporatlnt) or use of equip- ment jeag'ecl to YOUby succi ad Itibnal In- syrod. 2. Tha liisurgnce providad to such addillonat In- sured.under lhla'Provlslort J. Is subjacf 110 Ilia following provision$; n, The limlta of Insurance afforded to such oddltiWal th�4red shell' W iho lirttits yrhlcb you s9rsed tb pro Icib In Ilia "wril- telt cantrant raquldng. Insurance or the Ifnlils 9h[)?Yjl In tate DeCisr'at'sohs for this Cnvaraye PA1, whlohevar'alO law, and h, The InsUratico hfifbrcied to such orldillonal Ihsured,dae.s tiot-apply: (I-) To any- ``bodlfy- injury." or "property cisjllaga" ti>o! occurs, or "personal In- jury° paused by. An offense corintit- tad, after the egUlpmenf lease ex� p1r0% or (2) Ir tha equipm t is lealad with ell operator. Paga 4 of 8 O2o0Blt3aTravalarsCompan;an, Ino. 0*0 D4 16 05 00 tRoy. twos) 3. This PfoVislast J. class riot gpplyon*any bgs)s: to oily p$rgbrt or drbanlzalltbn'for 1Yhfdh c6V- eraga es sn addillmiaf 7118ured ap�ciilGaliy t5 added by angthar endorsenjapt to this Cover- age Past. K. ADt5MONAL INSURED - STATE= OR 11011ATI- CAL SUDDtVISIONS --- PERMITS RELATING TO PREMISES Thn foltovdng is odd .! to SECTION II — WHO I5 AN INSURED: Any Stole or pOIIHc81 subdiv[slan that has Issued a permit In Connection 'rEth prcrrtlsva Ownud or -ort cupied' by, or rented or loaned to; you,10. ort In- sured, but only vilth respect to "budlly Injury", "propf:rEy clanjagi.", "personal €hJury" of `'advortls- ing injury" arising out of ilia eximonce, ewltcTshipi us e. n4fite000, reppir; Corls,tfticil4rt,, u ectloft or retrieval of arfvartlsing 0ltfri9, rrwlrh0, OWna- plus, cellar ottitrences, coal tioles, citivewaya, manfialeg, marjUees, hoist aWoy bpPnIlrgfi, side'_ walk Vaults, elevators, atrget t3 pnera or Oacora- tlons f�f whl6h thpt stato ar polllla111altbdNJrl0h has,fseued shalt perrnft-, L. ADDITIONAL INSURED STATE OR pOL1Tl. -CAI= SUBDIVISIONS - P.15-FIAtT8 R.gr ATlNd TC bt'�RAiI�N� The foilo.%vlr g 1s- idddd t0. SECTION'll WHO I5 AN INSURM, Any stato or pnlltfcdl sutidjvl8lbn lhot-has lssued Re tin Inarlrrrd, bill ori�y with respecli6 "bud= ily.in)ury", "property damage","pa1'srihul Injury° or- "adverbintl Ehjury" arlsEntY aut of operaltot?s par fomin l by you or 611 your E?el7011' f6r w11101 that state of political sclbMY19EPrt. has Isftuad. su.011 potri)lt. 1 ta�vyars, rlo sucft siufe car potfttc€ eubi4l- vlsioti is an lits}rred for: 1"Sedlly Injury", " roporty dalttbgn°t "peraonal ltijilry' or"a(ivafIFs,16q lriJ�Vt arl"Jreg-artt of U11 eriAlibns .pnrfutmad %r 1hat Mate or politica€ aubdlvlsloh, cr 2. "Bodily lnlgry� pr °property zlamtige° included wlthln the "Prbd0ds -- ccirnpleterd oparelloi � 17Wztlrcl", Nl. WHO IS AN INSURED I�I<N y M00190oR 1;OFi m n URdANi' A R0t4s The 1otl6wing roplacas Pamgi .lph-4.o. bf SE C- obverafle tinder this proylswn le aftortin=I 0.111y until tilt* 180ih day ofler You accfulfe or,fbm1 'ths oNanlzallo i or tho end of the ppitoy :p6= (;C)MMERCIAL GFNERAL LIABILITY rjod, wlrlchever is earlier. MY such newly ac qulred or formed orgaltizatlon that'yau report Ell WA1111p to us vriilh111 1-80 days after you OCL,quire or' form fhrj grgenliaibon will bo ootterecf und(ir tills prOV191 ir) until the -bpd of the pailcy period, even Willem are ntcre ihan i84 days r' .M.91ttlric� tttilil the ettd of tire. iiollcypadod. N, INJURY TO Cp.'EMPLOYEES AND CO• VQLIINTKR WORKERS The foll6wincg Is added to SECTION 11= WHO IS AN IHSURrE7: �. Your "dtapl6yaw rare Instfred!l Will rosj)ecl to "6odlly injury' to a co-'eattliloyee" In tha caurst►.of tho co.,oh)ployco'ail employment by. you, or to your'Volt.intoer tjrprkers" %VNIP per. fb'rr Ing. dullet3 relajed to tho conduct of your business, provided Illat this covet�gP for your "VmP1)yees" 404 flat Spply ,tn acts -oulsitie the scbpe of their efpfbyrnenl'bY You Or whEla porfortnina clufleR unrelaEed to lila cortiduct of your bminbss. 2, "Your 'Voiu1iiggr worker';" ore 'Insure.ds Nvillt .rospeot, to.•yliodily injury" to a eo-"voluotaer worker" trihlle perfoirning dutles felato-d to Ilia. .conduct of.your business, 4r to ypur "ampioy- ees" lit the course .of th8 "employee`s° em- toyrrlefit t�y.yori, pro) lded 0151 this cbVergg0 �(jr .your 'VoltYlIvor �WrkvW' does• riot _VOY tvhili: performing duties onreElalad 16 tile con- duct bf youv buAhsss. 9; 8r,bprrrb rsphs 2,s:(�j.(a), '.Jb) atria (c) and 3,ti. Af 5f`CTIt)N. iI —WHO IS AN 1N513RED ,do slut apply to. "IjWiiy lhjuq, far which, Insut arlce is ptovlrled by paMgreph'E. or -2. -shove, b, MEbiGAL PAVLNTS L1M1T TJta fbliawltig rep€aces.perardra.ph 7. of 8LOTE9N lit — f. MM4 or INSUs ANcie.; Stihl ct ttr.5, alyr�v+�, I1le (Aedical Expehtae Limit. is Il1e trlost ti';e will pay uilder Ccvera9e G f6r 611 rtedlcni exp�n>3as e• at "l�odlly InJufy" sus- tsinnd by qtly anR parson, and will bo the higher of; a. .. 1% rUb, or b, 1lrb amount shown on It)B ileclargiians for Medfoal �xpause I,Nih, R. 'KNOWLUDGE• AND' NQTI,CE OF QCCUR, 'REf46-, albOPPENSE The toltgYfEt) Is a(lded to paragraph 2. Didlee In 'lhh Euent pf Oacyrretyce,.-t~)Kogso, ClAlm or s1G 0415,05 08i€uw:_l048 l g�2 9.1}reTfAVP1Rf&'"ipa0An3, 111c, pbge5 of 8 COMMERC W. GENERALLIABiLITY Sult of SrGTION IV—COMMERCIAL a.ENCRAL once" tsy tho method dagcxlbod (n. c. LIABILITY CONDITIONS; below, Notice of an "occ urt6nce" or of ep offense Vlhiph b. lrxcess Insurance may 'result in a. Clain) must be glvan as soon 'as Thts insurance 1s excess over any of practicable after knowledge of the "occurreticd"ar 1110 ''other Insurslice", whether pri- offense has beon report6d Ila you, bna of .your maty, excrlss, contingent or on any "axec;Ljbve offccW (if yOII ar8 A corporation), One olhor basis, of your partners who Is an Indlylduai Of you are a (1.) That Is; F1ro, Extenddd Goverage, Partnership), one of your rnaMagurs (If you W a Builder's Fisk, h1stailallon Risk, lim11ed l€obliity company], elle.' of yotir lrusiaes or sinillar cov6rage #or "your who is an Individual .(it you are a Itust)i of an wont", .,erliployee" (such as an Insurance, lass colitrol or t2) Thai is Flrb Insuranbu for prom - risk mpnager err arinlinlslrator) doslf nated byybu tses telae( to you or lehiporattly tb give such notice. occupied by you with portnlsslon Knnwlediie by any other °amployeb" of en "Occur- of the ovetier; rence" or offense does not Imply that .you also That is insurance purchawd by havo such knowledge. you to rover your liabiNy as a Mica of ern "occurrence" err of an offenso whish tenant for "property tlamnoa to premises rented to you.oi fempo- pray resyft in a Balm vitt ba cipernP�t io ba r lvett as 8001, ea prar.ticAble to lis if it Is cgtven in Qvod as rattly occf by .you with Per- as soon as pracflcable to your workers' Cant- the rrlfasign of the gv�fleri.ar ponsation, ncaldent, or haalfh Insurer. This ap• (.4j If the loss arises Put of -the main- OIVa fl6ftAI•ir`i p11as only if Vali th"' anoe or u9e of Orgrpft, tenwoo "occurroncew of offen'b td u6 ag.soda 09 pro it- "Adfos", 4r, v43te'rcraft t9 the ex - cable after you; oft of your voxecultvo of[icefs` tent riot subject tdExcit►sloh U. of SecliOA. i ; coverage A �- Wxllly you arra a corporation), dhe of y6ur partners .who Is an InrWldtm.I (if you are d partnarshfp), one of ipjury And Pipp$rty Ntl1bga Li - your fnsllagers (If you are a Ifrnited( lla)Jlilty Com- et?iE€iy; �r pally)" 01111 of you) frustcot who Is an IndIvldual Of (5) That is avejiInble 'io the. insured you are a IM81), or an "Pmpiaye-o" (0 11 an In- stiranae, loss control or risk manager or adinI615- whbn IN insured Is ah -additional tnsijted unbar an}, other pollcy. Irator) daslgnatad by you fo {live suQh noiica dls- lhaiudill6 u11y urlibrella or akcess covers that the 1=urronco" or offonsa may In- polloy, volve INS polloy, What) dills lnsuranoa I&, excess, we Q,. OTHER 1NWRANGE 'Q0NRITI.ON vrill have -no duty under Coverages A or 0 io defend the Insured aaalnst 1, The following rapiaces llar:apfaph '4., Otftdr any "suii° 3f any provlctc r of "Other tt itlgtirarlco of SEGTIQN iv — commERGIAL gurance" has a duty to defend the In- i39NE}ZAL LIA11311,ITY CONDITIONS;: surer] agr3inst that, 1901', Jf Ito pro - a. Oihar Insurarica vlder of "other Itlsura►tcr;" defends, we wllf Llndertako to do sa, but we wll4 It valid altd c4fectiblO "outer 111Slrpnr;s" €a t�Q 1;r1l1tlr:.d to file Ineureris rluhts available to fI1P? ifl;urecr rot loss vee cover unddr Coverages A or Bat fn`s agfilltst all those proyttlers Of "other s. Govarace. Part, our obilgallonAreIIn)[led Incur ace". as follows W11att this insurance is exGoss oval` a; Primary Itisarailce °other irlflilronC6', Wo will pay Q* ogr'shgre of the ornpUnt of the lass, If Tills lnsltrallm 14 primDry Lxcopt alty, that exceeds the Oto ot: whoa b. below applies. it this Iriziur- 01 The total miount that all such ance Nei primary, stile Qbllgalfans are not Affected UO " ally of.itia "other "alher hi;;uM­hce°' would pay for the lass (n the ,thsonce of this In- Ittsuranbe 14 Also, p0moty. Thou, vtb share with all that "nthet` lnsur t3urc�rlce; and Pagq-G 6f 8 CG 1)4 16 06 04 (Rov.16-01, (2) Thq total of *fill doduotkbia and self insured, amdpnts under that "outer lnsurance". We will nhara the ternainirlg loss, if ally, will) ally''otiter InWret%6"01at is trot described In this ExcM 1=r- rlrico provlelon, c, tlMothod Of Sharing If All of the "othar lnsufance" permits conttlbuilon by equal shares, v,$ Wllj tolloly tills lrletnod also, Udder INA approach Bach Providar of irisurflnce contributes atlual gn.vurltg Until It has pald its applloablo Iimlt of Irislirallcs or none of the loss renisins, Which- ever colleen first, if any of tile "outer tltsurai)W' does not permit oonjdri utlon by equal shares;. lve ►vill contribtAa by !)mils, Under this method, tilt, silara at each provider of Irlsurarlcs'ls based on the M'110 of its appticebla lifilit of InOt- wit:o to the total appfleable limits of frlmuranbe of all Vroviders of itlsur- ance. 2•1 The foltavAng defintllon Is added to SECTION' V — D!~FINMONSi "nti181 II1811fance": a, Moons insufance, of (hp, foAdlrg of losses, that is provided by, thr6rxjh,6r on taahalf of: ('i) Another InaUrer B G01` Fatly; (2) t:ls or any. of oltr atellated Inmirsnee eoWpahre­s, dxcept when the Non cumglalkm of Fact) pocurrPttce. Limp section of pirnraph 6. of LIMITS -OF INSURANCE (9Oc11011 111) or iha'Non numuliItlan of F'arsotial and AdVe(W- Inc}. InlUry limit seo{lorl$ of Varagroph d,. of E.iNIiTS.OV—INSUW4CE (Sed troll HE) applies; (3) Ahy risk mtenllon gMp; .(4) Arty self-Insuranc0 method or pro- OTAM, othef than. any funded by you .and ovor which .this. CuvtJM0e Part applies; or (5) Any simiint ris%.transfar or tisk rnah- agernorti trtettiod, b. Does not Include, umbrella jilsur'�rlce, (?rexcess I}tsurance, that yalt bought spa- Clficaily to apply 117 excess of the Lltttlta of GDMMERCIAL tai '14ERAL LIABILITY Insurappu shown on the Dbelara:llons Of this Coverage part. jj. UNiNTSNT]IONALOMISSiON 9. The 16116%119 Is 0'(160. t0 Paragraph li. Rep- resellfationg, of SECTION IV — COMMtER- CIAL GENERAL LIABILITY CONDITIONS: The. urtiritenfionnl anllsslon of, or tlninterl- tional br(or In, any Irlfanllatiol) proVided by you wfllch Via tellphl upon In isaultrg this policy shall ltoi prejudlce your rights odder this In- surancd. 2, This Provision R. tines riot affoct our rlghl 10 oolleai additional prarnluhi Or to exerclse our right of canceliaiioo or riorttenawai In accor- dance vrtth bppiicable Insurance laws or regu- tatlons. S. WAIVER- OF TAANsrE R OF RIGHTS OF RE- COVERY AGAINST OTHERS `TO US WHEN RKOIREO 13Y CON`f11ACT `me falio%nq 19 called to Paragraph 8,.Tr'9risfer of R14hi6 of Recovery Against Others to Us of SECTION IV — cOfl1i41 .i DIAL Gr=N.E RAL Lt. A0ILITY CONDITIONS; Wig waive tally riglits of recovery via r6ay have •goaInst ohy :person or organlxatiotl because of payMents via make for "bodily Injury°, °property datnP901,. °petsotlal Injury". or "advorllsing Injury,. arlaing out of: {, prettllses owned by you, lamporarlly occu- pied lty.you }v11h parrnlssion.ofYhe owner, or (eased ar renterYta Y6u; 2, 0110olq opergliatts parfotmad by you, Or 00 your behaif, urider a corltract or. s;greement %v th that person or organlTatlon; 3. "Your vrork of We Waive lhuse rif)ltts otlly whara you have tigreetl to do sQ as part or -a "written qontract ro- quirlilo lnsufar�g-" oritorod Into. by yitil tyefore; ante in affect yrhen, the %milly Injury' or ',poffehs dmrtager occurs, or the "per'oelisl irlioty` or "a(tvertisitig lnjuly" Offense is G❑mrnitted. T, AMENPRI) t PPV MJMRY Dff INITION The following replaces -the dotinItiori of "bodlly injury`' lndho DEFINITIONS Se011011: "Dodlly Injury" ritearts bodily lnjuly, rhental an - mull 116111 sickness or di eatn skistained biyilla, hu- per - CQ f74 15 05 0$1Rav, 10-08) €a r�ARTtt�Tr�J�larsCnrlt a�ln�, Inc. . rage 7 nt 8 COMMERCIAL GENERAL LIABILITY son, Including death resulling from any of these at any line. U. AMENDED INSURED CONTRACT DEFINITION — RAILROAD EASEMENT 1. Subparsg(apla a, of the deflnfflon of "insured conImet" In the DEFINITIONS Section Is re- placed by the fofic)wing: c. Any easentent or Ilconso agreomont; 2. Subparagraph f.(9) of the definition of 'in- surer! contract" In the DEFINITIONS Section is delated. V. ADDITIONAL. DEFINITION — WRITTEN CON- TRACT REQUIPJNG INSURANCE The follovring definition Is added to the DEFINI- TIDNS Secllon: "Written contract requiring insurance" means that part of -any written contract or Written agrmenient under which you are required to include a person or orgenization es an additional Insured on tints Coverage Pi3d, provided that the "bodily injury" and "properly dsnmaga" occurs, and the "personal lr1Jllry, is cakr4P.rl 17y :in Offorlse Committed: a. After the slgning and exacutlon of the contract or agreement by you-, b, Wiuie-that part of the contract or agreement Is In effect; and o. before ilia and of the policy patiod, Pacge 8 of 8 0 2ooa -nio Travelers 0bmpedus, InO, CG 0415 05 UB (Rev. *(A) POLICY ttUMBER: 030.8011034A (;(.)MMERC)At_ GENERAL LIABILITY THIS ENDORSEMENT -CHANGES THE POLICY. PUASE a5AI3,IT-CAR8FU1LLY. BLANKET ADDITIONAL INSURED � WRITTEN CONTRACTS (ARCHITECTS) ENGINEERS. AND SURVMRS) This endorsement modifies insursnce provided Linder the folloviirtg; COMMERCIAL GENERAL LIABILiTY COVERAGE PART 4. Tho following is addod to SECTION Il —WHO 15 AN INSURED; Any person -or organizatlon that you agree in a 1111ritten contrecl. requlring 1nsuliatice" to include as an addltionai Irisurad Uri•this Covoraga Pram,-bttt: a, Only with respect to li tiflity for "bodily 1nJuty', "property danmge" or 'personal i 4ury , -and lo, If, and o0y to thti vi(teht that, tha Inluly or dnriiooe I� causal by acts yr orriisslohs of you or your subcorikacilo" Ili the pefrortriaiice pr "yottr work" to whtoh the "w(Iften coldiact rerluiritiy Iusur: m;t;" 01)1)1'10, TJfe petlon or ,orgaitizolion does lief quDllty ias an additional insured vrilh respect to ftla fn�oJZandert( Picts or omi5slons of such petson 6r orgartix�itori. The inauratice.pro+ltdQd to suah,adrtitioiral irisrrtsd Is limited as rolfows: v, In tho ovoot- that iho LIM'its of 1013-LIU ive or this Coverage Part.showri in the 080181 101181 (jXceed thO Ilniit5 of liability r6juifdd by dto "wrlt[eti Qortlruc! requiring [osurenca', Ilio in& suratice provided to the ©ddltl0al Inscfred Mall ue linifted to the Brits of llablilty required by that "written contract raquidrip IngUrPrica ihle endorsement shalf not Increase {he. limlt8 of insuffillo docritaed in $101011 Ili—.i,iiidtg Of Insurance. d. This lnaurancl� dratan fiat alalaly to ihP r'end¢r- incg of or failure to rolider any "professiotiof services° oc colistruction madagement en`arg, or ornlss[Qh$. o. This frisuranct: does not apply to 9blddily [n - Jury" Ur "prapdrty by "your wQW' and Included lti the 'produots- carllpleted operations- hazard' utilt:ss the "written contract requiting insurance" specifi gaUy -requires ,yog tQ pro'046 5tt0h -VOv iratre far that raddltlonel Insured, ptid thon the Insur, =3ri,e tiraviit€;ci t0 t!t�: acidltl<irial Irislired gip• plias only to such 'bodily injury` or "property damage" t1wt or'(11M I.Mfore the slid df the pe- tic)8 of lime Ni"WilrAi t1w'1viittell contract re- gviring Insurance" rerlolres you to provide such coverage or the end or ilia Polley POIA whichever Is emlisr. 2, Tile (ollavrllig i$ Adel to Paragraph A.a• of SEC- TION IV -- GOMMERGIAL GENERAL LIAL ILMY CONDITIONS, iho insuraf.ICQ prpvldso to flie 2ddifipnal insured is eXaess pvpr'ahyV4lid End 'othor Ir1- 3ttralico", whother prlmaiy, eucosg, cdntit'ipiit or on any Curer basis, Lhat is avallablo to ihs addi- tignal lnsurcd for a hiss wi-: cover, tioweyer, it YOU 5parlflC�lly agrQ�.ln ttte ``yniteen gorilra>treclulrllig lasum6w that thea fnce surrinproviduflo llyd ad- diligfial Insured under thls Coverage Part must apply.on a primary bast§ or a primary and non- caliirlbutarY Trails, tlils 1l•Isumrice. is prJri7ary to "other. Insurance." oyalinble to the a4ditlonal h- tv(60-411dh aove(s. that person or viganlzation a5. a named fhstl(od for 6UC!h lass, and ive hill not share iYith that "other Insurance". But. ibl9 tnsur ante prov[dsd to ttia additional lrisarad still is ex- cess over apy val[d acid collectible "other Insur- ence,% i nether prlmery, gXcess, contingent or oh arty nlherbol% that is available to tiie edditionpl insured `vherl that parson or orcganfzatlOn (s all lidditional insured under any "other insurance". 3. 'the rollbWing is tiddad to SERTIONAV —.G.00- Mf?OCIAI. GEMIR tAL L14BILITY CONDITIS: Dkidoa•Cf Ara Acidikional Irisured . .As a ccindlflon or coverage prdvlOed to (lie addf- tional Insured., a, The add[tlorial Insured must give ue. written rlotlo as soon as practicablp or ari °occur rents" or 80 ofronse whlch mtly rosull in a claltn, Td the extent irosslble, 'srtr:h notice .should Include: CG 134'14'04 08 040 7hri Travolors Companies; Litt. Nath COMMERCIAL- GENERAL LIABILITY I. How, when and where the "occurrence" or offense took placs; It. The names and addrossou of arty llijurod persons and witnesses; and Ili, Tha nature and location of any injury or damage arising out of the "occurrence" or offense. h, if a claim is mads or 'suit" is broughf'dgafnst the adtlltlonol 14sErred, the additional insured MQSt: I. Immedlatoly record the, specifics of the clalm of °suit" and the date reeetved; and R. Notify us ss soon as practltible. Thu a0clitiog1 insured tnust two tb It that %Yd reCefve written rlotioe of the cfaIM or "suit" as soon as practicahlo. o. The'adclitlonal fnsurod must Irnnledlately send U9 copies of all legal papers rocolvod In con- nection with the clt3im or "suit", C000 late wllh UR In the IhiveMi©ailon or settieteerlt of the claim or defense against the suit", and oth- erwfse comply with all policy condlElons. d. The additional insured must tender the de- fensn and Indomnfty of any ctalto or "suit" to any provider of other insurance which would cover the adA'onal insured for a toss we Wor. Howovor, this condition docs not affocL whether this Insurance provided to the addi- (ional Insured Is primary to that other instir- anco avail -able to'thc additional lnsured whluh Covers that person or orpanix7tlon us a named Insured. 4. Tfte foilowirrg is added to the DEFIN)TIONS Sec- tion: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to Include a person or or- ganization as en addiflonel insured on. this Cover- age Pitt, provided that the 'bodily Injury" and "property damago" occurs and the "personal In• jury" Is caused by an offense committed - a. Affor the 'signing and execution of the cpntract or ngreement by you; b, While that part of the opntrgnl ar agreem@nt is In effect; end e. R.efore the unci of the policy period. Page 2 of 2 0 1008 Tho Travalbid Con,panros, Ino. CG 04 14 04 08 POLICY NUMBER: F-630-801030-PRX-13 ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAL? IT CAREFULLY, DESIGNATED ENTITY NOTICE OF CANCELLATIONINONRENEWA L PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCE=LLATION: Number of Days NoticoofCancollntlon. go NONRENEWAL: PERSON OR ORGANIZATION: Thi; CITY CF is I TOM GFORMA ADDRESS. 13DOO DEERFIELD PARKWAY SME 107G MLTOV, GEQRP1k 30304 PROVISIONS! Numberof Days Noiice of Nonrenewal: A. If we cancel this policy for any stamlorily permit- ted reason other titan nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we vid mail notice of cancel- fation to iha person or organization shown in iha schedule above. We will mail such notice to lis address shown in the schedule ai}ava at least the number of days shown for cancellallon in Ilia schedule above before the effective dale of can- collalion. 13. it we decide to not roriew thts policy for any mntu- torily permitted reason, and a number of days Is shown for nonrenewal in the schedule above, we will mail notice of the nonrenevral to the person or organization shown in the schedule above. Wa will mail such notice to the address shown in (lie schedule above at (east the number of days shown for nonfenewal in the. schedule above be- fore Me expiration date. It. 74 0012 09 0 2009 T -ie TraMers Indemnity Canorny Page t of t POLICY NUMBER: 030-8414N34A COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT -CHANGES THE POLICY. PLEA8E R1=AIJ-IT-C,AMEFULLY. BLANKET ADDITIONAL. INSURED'- WRITTEN CONTRACTS (ARCHITECTS, ENGINEERS• AND SURV5-YoRS) `this endorsement modifies insurmnte provided Under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 4. Tho foi[oviing is added to SSCT16N 11 —WHO IS AN INSURED, Any person -or organization that you agma In a 'Virliten cdtltretokrequlring Jnslit�Rhce" to lndboO as an addillottal-Jnsurod onythis Covorage Plrrt,'bti L a. only with respect to ItAbIllty fqr"bodily Injury", "propotty diimage" or "persoMal hljtrrY"; land b. If, slid only to the ektaht that, the Injury or dnmoge II 6ausrrd by acts pr omissiohs Of �, 11 or your subconlractot ill the perforrtrahcb of "your work" to which the `written contract re[ti)Iritlf4 Illsur nue" opplies. Tie pr;r:tan or •firganization does Irot qualify os an odditionel Insured wjth respbct to the !r►depettdetit acts or omissions of"such person Or oraanlzbI10, Tho inaurance.prbvided tQ sucll•additibnal tr)svW is limited ar, follows. e, In 1ho ovont.Ihat the UM'Ito of 1psUrprme of this Coverag part.shgNyn In the Dodariallom dxosed the limits of I[allillLu requWd by thi "wrlttctl Cphlract rogkj3 lno Insliramo`, llie f l- surahce provided to the ndditiarlal lnsured 9hail be limited to the tlMU' of liability required by that "written contract requiring Insurance". This ondorsoment shad not Increase tlter. hails of irisurarice cl crit�sd in $�ULfGn 11l - Llitlil$ Oflnsurance, d. Tills insurance (104 trot apply to the rer)clor- inrg Ar ne fafiurs to (ander any "profess(otiel so)ute.§" OC constrvcliell mariag'ertsent ar}Atr or oralsstobs. a, This fnsumrrctt does not apply to "liddily In- jury" 6r "pFoperty darn AO.ba0ed by 11y6ur work" and Included ltt ilia 'prodvt ls= cornplefed operations- hazard" uliless the "warren mritract requiring insurande" specif, caliy raquiros ,yQq tQ provide 5uoh •coverag0 for'that t3dddItIon8i insttred, and then the Insur fare pfovlried !(t ltl�f g(IdltinnI htslired op - plies Only to sliCh "bodily injury" or "property dan7stge" lha! oCi3mt i before the 6W6f the pe- tiod of Ilrrre rar-wi>lch tile'Yxitten contract r-- qulOng insrlranca reclulres You to provide such coverage or the end of tits polfey period, whichever is aurffar- 2, Tlio following Is o0eO 10 Faragrzph ka. of SEC- TION IV -- CQMMERCIAL GENERAL LIABILITY CONDITIONS* Tho 1nsur0cQ providbd to th'Q addittanal Insured is pxb6E;s ovpr,Qfly. Valid "arid coltat:llhlu 'othor Ill- -suraiIim", whether prlmary, okcesg, dontingent or on any btbpe bas[r;, that is avollabia to lh6 nfidi- Ilanyl Jnsurcd for n toss we ativer. However, it you sperlfl,;ally ogroo• In the 1\0altren gonliaat retlultfrrg ME;6rafiuff that till& fnguran0 provltlad,lo ttid ad- dilfof7a( lmored under this Coverage t'att rmist Apply.an a pfimi ry basis or a prfmary and MITI- .catllributorY l5asis, this VIqurance. is prliilary 'to "other. Insurono&' ayallghle !4 the additional lig= w(O—Wliloh eovefa thnt person or gfgdnlzailon a$, a rtarrted inst ced for suolt lass, and We lull[ not share with that "othor insuranee^. Birt thls Insur- ariee provided to the additional itisurbd still Is ox - coo over epy valid ltd collectible "otller insur- once", whether primary, Qxcesa, contitlgent or art any Qtlier p sis, that Is available to the additional Insured 1Y4n that pgrson or Organization is -&Lbdditfonal Insured under any "other insurance. i The fblloWlhq is adtlbd to SECTION' IV r C.00- W((IAL G8Nr:RAL LIABILITY CONDITIONS, bgdas-Ot An Addl`(lorlel Insured .As a ccindlllon of coverage provided to tine addl- tional Insvred: a. The lddil(ollal irisured must give us written nollce tis soon as pfacllcable of ori °oacur- renca" or an of(orlsa which loo rosull in e clalm, To the extent I)oa9lblR, such notice .should Include: CG pa 14'04 013 0200aTh9Travniors Companies; irm.. l,aga '2 GOMMERUAL GENERAL LIABILITY f. How, When and where the "ocGurreuca3 or offense tools place; It, The tlames atld addressos of tiny kilurud persons and Mtnesges; and 111. Thr- nature and location of any injury or damage arising out of the occurrence" or offense. h, if a claim is made or 'suit" is brought'ngafnst the additlonal insured, the additional insured must: c. d I. immediately record the speclrtcs of the claim or °suit" and the date received, and P. Notify us as soots as prodiCable. The additions l insured roust pact to It that wo rec'elye Wooed ilofto of the Clain) or ".suis" as soon as practicable. The'additional insured must frnmedlAtely send us copies of all 10,901 papers received in con- nection with the cfafm or "suit", coop6rate Wllb us in flee flwestfgatlotl or setflernehl of elle cialm or defense agalnst thB "suit", and oth- erwise cordlily Vile all policy conditions. Tho additlonal insured rn st teirder tete de- fensd find Indemnity of any clrlfrrt or "suit" to any provider of otic©r insurance which would cover the addltlonar insured for a Cods wo odor. Howovar, this condition does not affect whether this insurance provided to the addi- tlonal Insured is primary to (hat cutter insur- anco available to1ho additional Insuredwhich covers that parson or oruanlvoGoh us a named Irtsured, 4. The €ollowipg is added to The DEFIN)TION5 Sec - Von: 'Written contract requiring Insurance" means tltst hart of any written contract or agreement under which you are required to include a person or or- ganization as era sdditiondl insured on. this Cover - ado, Pdrt, provided that the 'bbdlly Injury" and xproporly damage" occurs and the "personal in- jury" is caused by an offense comrnilte& a, After #h.9 signing and execution of the contract or agreement by you; b.. W1111e that part of the o4ntract or agreement is In effect, and a. Refore-the end of tho pollcy period, Page 2 of 2 ID 2008 Trio Travaterg Companros, Inc. CG 04 14 04 08 EXHIBIT "D" 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. § 13-10-9l(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 53328 eVerify Number 9/10/07 Date of Authorization Moreland Altobelli Associates, Inc. Name of Contractor Design Services/Construction Documents — Ca burn Road Sidewalk and Trail Improvements Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed of u��, L��, 201 _5 in . JktVity), i�;,, (A(state). , Signatup,tf Authorized Officer or Agent Buddy Gratton, President Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE IC rr" DAY OF UWE NOTARY PUBLIC T ' [NOTARY SEAL] - GEpRG to My Commission Expires: i T CONS . EXHIBIT "E" 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 Moreland Altobelli Associates, Inc. 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: eVerify Number Date of Authorization Name of Subcontractor Desinn Services/Construction Documents --Co burn Road Sidewalk and Trail Improvements Name of Project Cit o� f Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _, 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF .2015. NOTARY PUBLIC (NOTARY SEAL] My Commission Expires: 01 HOME OF ' .. ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 24, 2015 FROM: City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Layne Inliner, LLC for Providence Road Stormwater System Improvements, MEETING DATE: Monday, August 3, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: PPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: 0 YES () NO CITY ATTORNEY REVIEW REQUIRED: 1YYES () NO APPROVAL BY CITY ATTORNEY VAPPROVED `() NOTAPPROVED PLACED ON AGENDA FOR. REMARKS © Youn * * PHONE: 678.242.2500' FAX: 678.242.2499 G'r"ee' n ✓ info@cityofmiltonga.us I www.cityofmiltonga.us ++Nig Community i nyo `f 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004'�� To: Honorable Mayor and City Council Members From: James Seeba, P.E. Stormwater Engineer Carter Lucas, PE-Public Works Director Date: Submitted on July 24, 2015 for the August 3, 2015 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Layne Inliner, LLC for Providence Road Stormwater System Improvements. ____________________________________________________________________________ Department Recommendation: Approval Executive Summary: The project is to perform construction services for the repair of a pipe and headwall and Cured- In-Place Pipe Lining at a 60” diameter cross-drain pipe system located beneath Providence Road. Repair (cured-in-place pipe lining) will restore these conduits to their original structural and hydraulic capacity. This method of repair will eliminate the need to remove and replace the conduits, roadway fill and paved surfaces. Compared to other repair/replacement methods of construction, this method of repair will also minimize the time required for lane/road closure. In accordance with the city procurement procedures an Invitation to Bid was advertised for two weeks. There were two firms which submitted proper responses to the Invitation. The submittals were reviewed, evaluated and scored by Public Works staff. After consideration of firm qualifications and price, Layne Inliner, LLC was determined to be the firm with the lowest qualified bid. The City has utilized Layne Inliner, LLC’s services for past projects. The bid price for performing the specified scope of services was $137,113.00. Staff is recommending approval of a Construction Services Agreement with Layne Inliner, LLC in the amount of $137,113.00. Proposal Bid Evaluation Summary Firm Cost ($) Layne Inliner, LLC 137,113.00 Kemi Construction Co, Inc 235,000.00 Page 2 of 2 Funding and Fiscal Impact: Funding for this project is available in the Public Works Capital budget. Alternatives: Close Providence Road for approximately three weeks, totally replace existing structure with new structure, replace roadway fill, re-pave. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 7/9/2015 Concurrent Review: Chris Lagerbloom – City Manager Attachment(s): Construction Services Agreement HoMfoF-,...:_.-,- , -,- 1IFEIN ,cr AL ONIt ESTABLISHED 2006 CONSTRUCTION SERVICES AGREEMENT FOR PROVIDENCE ROAD STORMWATER SYSTEM IMPROVEMENTS This Agreement (the "Agreement") to provide stormwater 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"), Layne Inliner, LLC (hereinafter referred to as the "Contractor") having its principal place of business at 2090 Tucker Industrial Road, Suite A-1, Tucker, Georgia 30084 30067. WITNESSETH: WHEREAS, the City issued an Invitation to Bid for the Providence Road Stormwater System Improvements; and WHEREAS, based upon Contractor's bid to complete these drainage improvement, 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 (1 S Pages); B. Invitation to Bid ITB (6 Pages), attached hereto as Exhibit "A"; C. Bid from Contractor (1 Page), attached hereto as Exhibit "B"; D. Performance and Other Bonds, attached hereto collectively as Exhibit "C"; E. Non -collusion. Affidavit of Prime Proposer, attached hereto as Exhibit "D", F. Contractor Affidavit and Agreement, attached hereto as Exhibit "E"; G. Subcontractor Affidavit, attached hereto as Exhibit "F"; H. Plans and specifications, attached hereto collectively as Exhibit "G", I. Final Affidavit, attached hereto as Exhibit "H", The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties; and K. City of Milton Code of Ethics. In the event of any discrepancy among the Contract Documents, that provision that inures most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Section 2 Project Description The scope of this project generally consists of improvements to a drainage system on Providence Road and includes extension of a pipe system, installation of a headwall, and cured - in -place lining of the pipe system. The work also includes grading and improvements to the road shoulder and roadway slope fill slopes. Section 3 The Work The Work is specified and indicated in the Contract Documents (the "Work"). In the event of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as determined by the City in its sole discretion, shall govern. The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 4 Contract Time This Contract shall take effect on . Contractor agrees to complete the Project within 30 calendar days from the date of Notice to Proceed. Every effort will be made by Contractor to shorten this period. 2 Section 5 Contractor's Compensation; Time and Method of Payment A. The total amount paid under this Agreement shall not, in any case, exceed $137,113.00 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. 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. City and Contractor shall comply with the provisions of O.C.G.A. § 13-10-80. The Contractor through each invoice may request payment of no more than ninety percent (90%) of that portion of the Work completed during the term covered by such invoice until fifty percent (50%) of the Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City. Payment for the remaining ten percent (10%) of Work completed and covered by such invoices shall be retained by the City until Final Completion. Once fifty percent (50%) of the Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City, no additional retainage shall be withheld, except as provided below. At the discretion of the City and with the written approval of the Contractor, the retainage of each subcontractor may be released separately as the subcontractor completes his or her work. If, after discontinuing the retention, the City determines that the Work is unsatisfactory or has fallen behind schedule, retention may be resumed at the previous level. If retention is resumed by the City, the Contractor and subcontractors shall be entitled to resume withholding retainage accordingly. At Final Completion of the Work and as the City determines the Work to be reasonably satisfactory, the City shall, within 30 days after the invoice and other appropriate documentation as may be required by the Contract Documents are provided to the City, pay the retainage to the Contractor. If at that time there are any remaining incomplete minor items, an amount equal to 200 percent of the value of each item as determined by the City shall be withheld until such item or items are completed. The reduced retainage shall be shared by the Contractor and subcontractors as their interests may appear. The Contractor shall, within ten (10) days from its receipt of retainage from the City, pass through payments to subcontractors and shall reduce each subcontractor's retainage in the same manner as the Contractor's retainage is reduced by the City; provided, however, that the value of each subcontractor's work complete and in place equals fifty percent (50%) of his or her subcontract value, including approved change orders and other additions to the subcontract value, provided, further, that the work of the subcontractor is proceeding satisfactorily and the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the Contractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. The subcontractor shall, within ten (10) days from the subcontractor's receipt of retainage from the Contractor, pass through payments to lower tier subcontractors and shall reduce each lower tier subcontractor's retainage in the same manner as the subcontractor's retainage is reduced by the Contractor; provided, however, that the value of each lower tier subcontractor's work complete and in place equals fifty percent (50%) of his or her subcontract value, including approved change orders and other additions to the subcontract value; provided, further, that the work of the lower tier subcontractor is proceeding satisfactorily and the lower tier subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the subcontractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. Neither final payment nor any retained percentage shall become due until the Contractor submits to the City: (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or City property might be responsible or encumbered (less amounts withheld by City) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance, required by the Contract Documents to remain in force after final payment, is currently in effect and will not be canceled or allowed to expire until at least 30 calendar days prior written notice has been given to the City; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) consent of surety, if any, to final payment; (5) a release or waiver of liens, claims, security interests, and encumbrances by all subcontractors and material suppliers; and (6), if required by the City, other data establishing payment or satisfaction of obligations, such as receipts, to the extent and in such form as may be designated by the City. If a subcontractor or material supplier refuses to furnish a release or waiver as required by the City, the Contractor may furnish a bond satisfactory to the City to indemnify the City against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund rd to the City all money that the City may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. Acceptance of final payment by the Contractor, a subcontractor or material supplier shall constitute a waiver of claims by that payee, except those claims previously made in writing and identified by that payee as unsettled at the time of final application for payment. D. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through change orders or construction change directives as described in Section 6 below. All invoices should be submitted to the City's Budget and Procurement Coordinator, for approval. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City. No payments will be made for unauthorized work. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand - delivered. 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 Changes 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 terms 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 5 amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $10,000, must be approved by resolution of the Milton City Council. 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 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. Budgetaa 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 6 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 Ci Contractor must have timely information and input from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor's Representative E,2; c- K (.. i 14 L shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. 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 ofwillful, negligent or tortuous 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. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee 7 of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee 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 permits, 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 8 allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contract enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain limits no less than: (a) Comprehensive General Liability of $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. (a) 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 Utabi I ity 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 9 activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, 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, 10 voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(I) of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. (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. Employment of Unauthorized Aliens Prohibited E-VerifyAffidavits 11 It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "E" and "F" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16.10-71), that it and Contractor's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "E", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above_ Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (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 12 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 davit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if 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 subcontractors) 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 subcontraetor(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 Re orts 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 13 records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. N. Conflicts 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. 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 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. 14 Q. Key Personnel (Reserved) R. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. S. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such materials. if any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. T. Meetings The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working days notice of meeting date, time, and location. pace -to -face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the contract. Section $ Covenants of the City A. Right of Entry 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. 15 B. Ci 's Representative Jinn Seeba shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative Section 9 `Varranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final Completion of the Project at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion 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 terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of a termination for convenience, Contractor shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third -parties unless otherwise instructed by the City. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, the City shall pay Contractor for work performed to date in accordance with Section S 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 make 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 terms 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 performing this Agreement, whether completed or in process, in the form specified by the City. 16 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 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 communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, 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. Carl C. Smith, Layne Inliner, LLC, 2090 Tucker Industrial Road, Suite A-1, Tucker, Georgia 30084, 30067. 17 F. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. G. Force Ma'eure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. H. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. 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 11(1) and in Exhibit I attached hereto and incorporated herein by reference in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON FOLLOWING PAGE] 18 SIGNED SEALED AND DELIVERED In e presence of: Witless (Corporate Secretary should attest) KI - . /A % .. Print Name Notary Public _ [N%Th�.tY-SEAL] Layne Inliner, LLC Si dnatuce Print Name Title [AFFIX CORPORATE SEAL] -Y ly C(+m ""is�'on Fx ires: MILTON CITY COUNCIL: Joe Lockwood, Mayor SIGNED, SEALED, AND DELIVERED [CITY SEAL] In the presence of.- Witness f: Witness Notary Public [NOTARY SEAL] My Commission Ex ires: 19 EXHIBIT "A" REQUEST FOR BID Providence Road Stormwater System Improvements BIDS DUE June 2, 2015 BY 1:00 PM General Description of Pro ect Scope: This project includes improvements to the 50 inch diameter test.) stormwater cross-drain pipe system located just west of the entrance to Crabapple Brook subdivision on Providence Road in Milton, Georgia. Specifically, the scope calls for the following, 1) Removal of an existing stone headwall located on the downstream end of the pipe (south side of Providence Road), 2) Addition of approximately 5 to S if of 60° CMP to the end of the pipe. Note, in order to provide adequate support for the pipe, placement of additional support material (such as #57 stone) below the pipe will be required, 3) Design/build of a new concrete (or stone) retaining/headwall at the end of the pipe (pre-cast if approved by PWD), 4) Backfill and re-grade slopes, provide approximately 6 feet of road shoulder in the vicinity of the pipe and headwall, 5) Grassing, slope protection and rip-tap channel protection, 6) Cured-In-Place Pipe Lining (CIPP) of the entire length of 60' CMP cross-drain from the junction box located on the north side of Providence Road to the new Headwall on the south side of road All work to be completed within the City owned right-of-way of Providence Road or within any easements attained (by City prior to start of work_ The contractor will be responsible for notifying any affected property owners. The contractor will be responsible for coordinating all work with the City Public Works Dept The contractor will be responsible for replacement andfor repair of any damaged property including existing fencing It is the contractor's responsibilfty to inspect the site to verify scope and measurements pnor to submitting his bid. The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is wiliing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. The bidder proposes and agrees that if this bid is accepted to contract with the City of Milton to provide all construction iabor, materials, equipment, products. transportation, and other facilities and services as necessary and/or required to execute and complete the work in full in accordance with the scope of worli provided to the full satisfaction of the city. THE BASE BID IS THE AMOUNT UPON WHICH THE BIDDER WELL BE FORMALLY EVALUATED AND WHICH WILL BE USED TO DETERMINE THE LOWEST RESPONSIBLE BIDDER. The base bid may not be withdrawn or modified, except at the request of the city, for a period of sixty (60) days following receipt of the bids_ The City of Milton reserves the right to modi€ij the scope of this project at any time. Appropriate compensation for scope changes will be based on a negotiated fee, Base Bid Amount _. ......::.. (Dollar Amount in Numbers) (Company Name) tS"ature) (Printed Name) 1.0 General Conditions a) One lane of traffic shall be open at all times. Lane closures shaft be restricted to the hours of 9 am to 4 pm. b) Construction activity within 1000 feet on an occupied residence wilt be allowed Mon -Fri. between the hours of 7:30 .AM and 730 PM and Sat. bellween 830 AM and 5-00 FM. Construction activity more than 10()0 feet from an occupied residence will he allowed Mon.- Fri. between the hours of 7:00 AM and 10:00 PM and Sat. between the hours of 8:30 AM and 6:00 PM. c) Contractor must notify the City of Milton (678) 242-2500, twenty-four (24) hours prior to beginning construction. d) Burial of construction materials is not permitted within the City of Milton_ All construction materials and debris within the work area shall be property disposed of by the contractor. e) The contractor is responsible for any damaged property which occurs as a result of this project. The contractor shall replace any damaged property at his own expense f) Unless otherwise stated, the City shall provide all necessary permits and easements associated with this Project prior to issuance of the Notice to Proceed. 2.0 Materials, Equipment and Employees a) The contractor shall, unless otherwise specified, supply and pay for all labor, transportation, materials, (ools. apparatus, lights, power, fuel, sanitary facilities and incidentals necessary for the completion of his work, and shall install, maintain and remove all equipment of the construction, other utensils or things, and be responsible for the safe, proper and lawful construction, maintenance and use of same. and shall construct in the best and most workmanlike manner, a complete job and everything incidental thereto, as shown on the plans, stated in the specifications. or reasonably implied there from, all in accordance with the contract documents. b) All materials shall be new and of quality specified, except where reclaimed material is authorized herein and approved for use_ Workmanship shall at all times be of a grade accepted as the best practice of the particular trade involved, and as stipulated in written standards of recognized organizations of institutes of the respective trades except as exceeded or qualified by the specifications_ c) No changes shaft be made in the Work except upon written approval and change order of the city d) Products are generally specified by ASTM or other reference standard andior by manufacturer's name and model number or trade name. When specified only by reference standard, the Contractor may select any product meeting this standard, by any manufacturer When several products or manufacturers are Specified as being equally acceptable, the Contractor has the option of using any product and manufacturer combination listed. However, the contractor shall be aware that the cited examples are used only to denote the quality standard of product desired and that they do not restrict bidders to a specific brand. make. manufacturer or specific name; that they are used only to set forth and convey to bidders the general style, type, character and quality of product desired; and that equivalent products will be acceptable Substitution of materials, items or equipment of equal or equivalent design shall be submitted to the architect or engineer for approval or disapproval; such approval or disapproval shall be made by the architect or engineer prior to the opening of bids. e) if at any time during the construction and completion of the work covered by these contract documents, the conduct of any workman of the various crafts is adjudged a nuisance to the Owner or if any workman be considered detrimental to the work, the Contractor shall order such parties removed immediately from the site. f) The contractor shall designate a fofemanlsuperintendent who shall direct the work Page 2 of 5 3.0 Erosion and Sediment Control a) The contractor will provide suitable erosion and sediment control measures so as to prevent sediment from leaving the site Maintenance of erosion and sediment control measures is required at all times The contractor shall have certified erosion and sediment control personnel on site at all times. All NFIDES, GSVVCC and City of Milton guidelines should be followed. b) All erosion and sediment control work shall be performed in accordance with the standards provided in the Georgia Manual for Erosion and Sediment Control in Georgia, latest edition. c) Provide double raw of Type C silt fence along the down slope side of all disturbed areas_ All barriers shall be in place prior to any land disturbing activities. d) Silt fences and hay bale barriers shall be cleaned or replaced and maintained in functional condition until permanent erasion control measures are established All silt fences and other temporary measures will be removed by the contractor/developer when the site is stable. e) Silt fence fabric shall be comprised of Ga_ Department of Transportation qualified products Section 171, tipe 'C'. for silt fence fabric_ Type 'A" silt fence fabric and construction may be allowed with prior written approval from the land development inspector_ f) Temporary vegetation and/or heavy mulch will be used to stabilize areas. In no case shall a site be left bare for more than fourteen (14) days g) No clearing beyond the limits of disturbance shown on the approved plans shall be allowed without approval. h) Provide matting, temporary and permanent seeding of all slope faces. i) Provide a minimum of Y-_ inch of mulching, temporary and permanent seeding of all other disturbed areas 4.0 Earthwork a) The area within the typical grading section shall be cleared of all trees, brush, stumps, logs, grass roots, vegetable matter, poles, stubs, rubbish, refuse dumps, sawdust piles, and all other matter resting on or protruding through the original ground surface or appearing or being placed on the area within the typical grading section before final acceptance of work. b) All depressions below the ground surface containing water shall be drained. unsuitable material removed and filled with suitable material and compacted to the ground surface before the embankment proper is begun. Any area deemed jurisdictional under federal, state or local regulations shall obtain required approvals or permits prior to any land disturbing activities in those areas c) Sub -grade preparation shall be in accordance with GDOT specifications and these regulations_ d) If any sections of the sub -grade are composed of topsoil, organic, or other unsuitable or unstable material, such material shall be removed and replaced with suitable material and then thoroughly compacted as specified for fill or stabilized with stone cr a geo-textile or geo-grid. e) Fill shall be placed in uniform, horizontal layers not more than 8" thick (lone measurements. Moisture content shall be adjusted as necessary to compact mate€ial to 95% maximum laboratory dry density as determined by AASHTO method T-99. f) After the earthwork has been completed, all storm drainage, water, and sanitary sewer utilities have been installed within the nght-of way as appropriate, and the backfill in all such ditches thoroughly compacted, the sub -grade shall be brought to the fines, grades, and typical roadway section shown on the plans g) Provisions shall be made by the contractor to ensure adequate drainage and prevent possible damage to the work area. Page 3 of 5 5.0 Utilities a) The contractor shall be required to coordinate and manage any and all utility locates and/or relocations within the scope of this project. 6.0 Performance a) All work performed shall be in accordance City of Milton Construction Standards. The contractor will adhere to all current State and f=ederal construction safety regulations. including OSHA regulations. The Contractor will confomt to MUTCD and the State of Georgia Department of Transportation standards for traffic control. The Contractor must maintain a safe work zone for their employees, pe(lestrians, and vehicular transportation. All work shall be inspected and approved by the City of Milton Department of Public Works (MDPW ). 7.0 Safety Requirements a) The Contractor shall be responsible for the entire site and the construction of the same and provide all the necessary protections as required by laws or ordinances governing such conditions and as required by the Owner or Designer He shall be responsible for any damage to the Owners property or that of others on the job, by himself, his personnel or his subcontractors, and shall make good such damages. He shall be responsible for and pay for any claims against the Owner arising from such damages b) The Contractor shall provide all necessary safety measures for the protection of all persons on the work_ Contractor shall clearly marts of post signs warning of hazards existing, and shall barricade excavations and similar hazards. He shall protect against damage or injury resulting from falling materials and he shall maintain all protective devices and signs throughout the progress of the work_ 8.0 Wetlands and Stream Buffers a) No work shall be permitted within any designated wetland or stream buffer area without prior approval of the City of Milton Wetland areas and Stream buffers shall be designated by the City of Milton prior to the issuance of a notice to Proceed 9.0 Codes, Permits and Inspections a) The Contractor shat€ obtain the required permits, it required, give all notices, and Comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the work under this contract. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the Designer in writing. If the Contractor perforins any work knowing it to be contrary to such laws, ordinances, codes, rules and regulations, and without such notice to the Owner, he shall bear all cost arising there from. 10.0 Clean Up a) The Contractor shall keep the sites and surrounding area reasonably free from rubbish at all times and shall remove debris from the site from time to time or when directed to do so by the Owner. Before final inspection and acceptance of the project, the Contractor shall thofoughly clean the sites, and completely prepare the project and site for use by the Owner. 11.0 Schedule ai Project shall start within i week of notice to proceed and he completed in satisfactory manner, as deemed by MDPW, within 2 weeks from date of award, with final inspection scheduled within 3 weeks from the date of award. 12.0 Detail/Drawings (See Attached) Page 4 of 5 Location Ma Page 5o#5 EXHIBIT "B" BID FROM CONTRACTOR [BIUllRRS MUST RETURN THIS FORNI WITH BID RESPONSE1 BID SCHEDULE Total Bid trice S_1 37 113 00 Print Tom Bid PriCC One Hundred Thi Seam Thausartd Orae Hundred Thirteen and 00/100 Dollars In eomPNaate with the attachcd SPcL;iftcation, the undtrsig ed ta(ICrs and a•�rets that if this Biel is accepted. by tits City Council within One Hundred and Twertty (120) days of the date of Bid npeMinu, that he will furnish any ur all of the li ms upon vv hich Prictz are qw,,,L at the Price sct opposite euctt Item, deiir n d to Ill designated poings} within the tune speeitied in the Rid 5chtdtolc. COMPANY-- Layne Iniiner, LLC ADVIU:SS 2090 Tucker Industrial Read, Suite A-1 Tucker- Georgia 32084„ AUT) (ORIZED SIGN A•fTLtlt PRINT r TYPE N.�ztE rl C_ $Ili TITLE Branch Manacp�r -- -- iS P1 °09 Praridcnee Ruud Storntts,ttter System Itnpt)vr:tttenFs ! EXHIBIT "C" BONDS BOND NO.! 106331646 PERFORMANCE BOND CITY OF MILTON, GEORGIA IChiOW ALL ;MIEN BY THESE PRESENTS THAT Layne Inliner, LLC (as CONTRACTOR, hereinafter referred to as the "Principal"), and Company Casuaof Amery rica d 5urety(as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto the City of Milton, Ueorgia (as OWNER, hereinafter referred to as the "City"), for the use and ben.ofit of any "Claimant," as hereinafter defined, in the sum of one hundred thirty seven thousand one hundred thirteen dollars ($137,1.13.00), lawful honey of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their Heirs, executors, administrators, successors and assigns, jointly and severally, Firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated the of , 2015 which is incorporated herein by reference in its entirely (hereinafter referred to as the "CONTRACT"), for the construction of a project known as Providence Road Stormwater System Improvements ("the PROTEC I"). NOW THEREFORE, the conditions of this obligation are as follows.. That if the Principal shall frilly and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of anv warrar.ties 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 BOND NO.: 106331646 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; othenvise to remain in full force and effect; 2. 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 obli rations and undertakings under this Bond no later than thirty (30) days after written notice from the City to the Contractor's Surety; and h. The means, method or procedure by which the Contractor's Surety undertakes to perforin its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor's Surety hereby waives notice of any and all modifications, otrissions. additions, changes and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Goad shall not he unpaired 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 28 BOND NO.: 106331646 their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact, this day of Attest: Title:- Date: A zt: ,vzilll�XA�V,01 Deborah A. at s Date: 2015, Layne Inliner, LLC By: Title: �rGun (1n��r c.t%_ rSE_1L? (Name of Contractor's Surety) Travelers Casualty and Surety Company of America By: i 'r . Kantlehner,II! Title: Atto rney-jn -Fact (SEAL) A44�(p� Gary D. Eklund Marsh U S A 3560 Lenox Road NE, Suite 2400 Atlanta, GA 30326 (ATTACH SURETY'S POWER OF ATTORNEY) 29 WARNING: RI=D BORDER AW POWER OF ATTORNEY TRAVELERS J Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 228860 Certificate No. 006287131 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St, Paul Mercury Insurance Company, Travelers Casualty and Surety Company. Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Deborah A. Yates, Steven M. Garrett. William A. Kantlehner III. Thomas J. Mitchell, Jeffrey A. Brown, Diane L. Phelps, S. Annette Mullet, Roger A. Neal, Stuart P. Peterson, Andrea Cortes, Ryan P Mitchell. and Andrew G. Windhorst, Jr. of the City of Louisville; , State of Kentucky , their true and lawful Attorney(s)-in-Fact. each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writim,s obligatory 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, Not limited to a specific dollar amount. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 21 st day of April 2015 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Gh5t1.1� 44�� -FIRE 6 EFM �Mg { P�Tv 4MO 64gfTH i]}tY� Z 1982 6 c�; PZ: ..... ;nt a XARfFOAa, a �'FiASrFOr£l � 4 �9RL iy . 4�' �f � Ian NGEC dfs�-'�•+a-f b'�...,... F�ybn d� F��Lr �! y�� yf�A�� State of Connecticut City of Hartford ss. By: Robert L. Raney, enior Vice President On this the 21St day of April 2015 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 10„7ET In Witness Whereof, I hereunto set my hand and official seal. iaF1 My Commission expires the 30th day of June, 2016. ,r L%IZ, Ar el 58440-8-12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY Maric C. Tetreault, Notary Public PAYMENT BOND CITY OF MILTON, GEORGIA BOND NO.: 106331646 KNOW ALL HIEN BY THESE PRESENTS THAT Layne Inliner, LLC (as CONTRACTOR, hereinafter referred to as the "Principal"), and Travelers Casualty and Surety Company of America (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 one hundred thirty seven thousand one hundred thirteen dollars ($137,113.00) lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their Deus, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated , which is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"), for the construction of project known as Providence Road Storrnwater System Improvements (hereinafter referred to as "the PROJECT"). N OW 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, corpora ion or other entity furnishing labor, services or materials used or reasonably required for BOND NO.; 106331646 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 Proiea In the event of any claim :Wade 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 Rinher expressly agree that any action on this Band may be brought within the time allowed by Georgia Iaw for suit on contracts under seal. IN WITNESS WHEREON, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to he signed by their duly authorized officers on this —_ day of 72015 - Layne 2015_ Layne Winer, LLC Y; � 4� r 1C. n� , In Title:_ qe-Y (5cr,AL) (Signatures Continued on Next Page) Attest: .I,i'le�_ Date: �� 1 (Name of Contractor's Surety) Travelers Casualty and Surety Company of America By; Willi . Kantlehner, III Tit e: Attorney -in -Fact (SFAL) A Deborah A. Yates Gary D. Eklund Marsh US A Date: 3560 Lenox Road NE, Suite 2400 Atlanta, GA 30326 {ATTACH SURETY'S POWER OP ATTORNEY) POWER ED TRAVELERS J� POWER OF ATTORNEY Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St, Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 228860 Certificate No. 006287130 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters. Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"). and that the Companies do hereby make, constitute and appoint Deborah A. Yates. Steven M. Garrett, William A. Kantlehner III. Thomas J. Mitchell, Jeffrey A. Brawn, Diane L. Phelps, S. Annette Mullet. Roger A. Neal, Stuart P. Peterson, Andrea COrtcs, Ryan P Mitchell, and Andrew G. Windhortit, Jr. of the City of Louisville , State of Kentucky ,their true and lawful A¢orney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and Other writings obligatory 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, Not limited to a specific dollar amount, IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of April 2015 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 21st St. Paul Mercury Insurance Company_ Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company � � a '� 7951 � �n � m �'• S E a ¢ .. e � W HnprFoan, '< - •s •i usrrarw. # � "n°°� bin 'H� � tt•� i��'�:r �. •! a�z58Ab:'3' o � r' � ?• bq�'Fn�.ct `' (41�a fs .. _.,�L f s•.•.... : `d° dOs; �Oy�'•• •�'`y'� ��,�p State of Connecticut City of Hartford ss. 13y: *R.bRaleyeni.,liePresident On this the 21 st April 2015 day of , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.. St. Paul Fire and Marine Insurance Company, St, Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. „TAT� In Witness Whereof, I hereunto set my hand and official seal. TAP S My Commission expires the 30th day of June. 2016. � p1/BLIG �wF�$ 58440-8-12 Printed in U.S.A. OF ATTORNEY fS THE Q�JI► C . Marie C. Tetreault, Notary Public BOND NO.: 106331646 MA..IN'TENA,NCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Layne Inliner, LLC (as CONTRACTOR, hereinafter referred to as the "Principal" located, at 2090 Tucker Industrial Cas Road, Suite A-1, Tucker, Georgia 30084 30067, and Travelers eof Americaty and Surety Company 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 the City for maintenance of Improvements as described below in the sum of one hundred thimr seven thousand one hundred thirteen dollars and no cents (5137,113.00), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written Agreement with the City, dated — which is incorporated herein by reference in its entirety (hereinafter referred to as the ` -Agreernent" ), for the construction of certain Improvements as contemplated by that Project for Providence Roan Stormwater System lmprovernents (hereinafter referred to as the "Project"); and WHERLAS, said Project is to be approved by the City of Milton, under the terms that a maintenance bond is required of said Principal and good and sufficient surety payable to the City, and Conditioned that the Principal shall, for a period of two (2) years beginning on maintain all improvements ("Improvements") involved in said Project ire accordance with all, applicable federal and state laws, with the Agreement, and with ail applicable City .egulations, including but not limited to the Code of Ordinances for the City of 30 BOND NO.: 106331646 Milton, Georgia, in force as of the date of said approval, NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall maintain the Improvements as described above; 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 costs of maintenance of Improvements, 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 described herein, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance by the Principal; a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) days after written notice from the City to the Contractor's Surety; b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be sub'sect to the advance written approval of the City. The Parties further expzessly 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 seats and caused this obligation to be signed by their duly authorized officers on this day of _, 20 [SIGNATURES ON THE FOLLOWING PAGE] 91 BOND NO.: 106331646 Attest: By. Name, Title: j, Date: Attest: / f By: ;� Name, Title: Deborah A, Yates.rney-in-Fact Date: La ne Inliner L By: Name, Title: a -n VC (SEAL) (Name of Co actor's Surety) Traveler"an mpany of America By:Name, lehner, Ill Attorney -in -Fact (SEAL) 9ww Gary D. Eklund Marsh U S A 3560 Lenox Road, NE, Suite 2400 Atlanta, GA 30326 (ATTACH SURETY'S POSTER OF ATTORNEY) 32 r�r,niYnYl9. I rnl.7 rvvvt=h Ur Al IUHNEY IS INVALID WITHOUT THE RED BORDER TRAVELERS J� POWER OF ATTORNEY Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surely Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. _228860 Certificate No. 006287129 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company. Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Deborah A. Yates, Steven M. Garrett, William A. Kantlehner Ili. Thomas J. Mitchell. Jeffrey A. Brown, Diane L. Phelps, S. Annette Mullet, Roger A. Neal, Stuart P. Peterson, Andrea Cortes, Ryan P Mitchell. and Andrew G. Windhorst, Jr. of the city of Louisville Kentucky State of y , their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory 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. Not limited to a specific dollar amount. IN WITNESS WHEREOF. the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of April 2015 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc - St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 21st St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company O� GAS�rr rl. f}0.F 64 q\*µ-. �'hSL g0.'y iNSV 800 .Fy�}}�Y'�`��4A "°innSEAL58A% �x n 7846 T , State of Connecticut City of Hartford ss. By: Robert L. Raney, enior Vice President On this the 21 sl April 2015 day of , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing: on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal STAR My Commission expires the 30th day of June. 2016. 58440-8-12 Printed in U.S-A. WARNING: THIS POWER OF ATTORNEY IS INVALID RED W w" 0, . Marie G Tetreault. Notary Public .4coRo CERTIFICATE OF LIABII THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEI BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A C1 REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy the terms and conditions of the policy, certain policies may require an endor certificate holder in lieu of such endorsement(s). PRODUCER Lockton Comppanies 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816)960-9000 INSURED LAYNE INLINER, LLC 1331501 2090 TUCKER INDUSTRIAL ROAD, SUITE A-1 TUCKER GA 30084 TY I N S U RAN C EDATE (MMIDDIYYYY) 8,1 2015 1 7 14 2015 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS ID OR ALTER THE COVERAGE AFFORDED BY THE POLICIES JNTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED (ies) must be endorsed. If SUBROGATION IS WAIVED, subject to sement. A statement on this certificate does not confer rights to the FE-MAIL Ext: A1C, No S: WF: N URER AFF RDING OVERAGE NAIC : ZuriCh Arnerican Insurance Coin any 16535 American Zurich Insurance Com an 40142 Lexington Insurance Com an 19437 THIS IS TO CERTIFY THAT THE POLCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR HE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHfCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR -TR TYPE OF INSURANCE ADDL /NSD SUBR WVD POLICY NUMBER POLICY EFF POLICY EX A X COMMERCIAL GENERAL LIABILITY CLAIMS MMIDDIYYYY MMIDD WORKERS COMPENSATION Y N GLO 5817438-01 8 1!2014 8'I /2 Ori OFFICERIMENIBER EXCLUOEDI CLAIMS -MADE � OCCUR (Mandatory in NH) 11 yes, describe under DESCRIPTION OF OPERATIONS below C X OONNTRACTUAL X �C�1COVER QL GENT AGGREGATE LIMIT APPLIES PER: PRO - X POLICY❑ PRO- ❑LOC JECT OTHER A AUTOMOBILE LIABILITY Y N BAP 5817437-01 8%1%2014 8iIr2015 X ANY AUTO AUTOS NEO e NAUTOS ON OWNED HIRED AUTOS AUTOS NOT APPLICABLE N WC 5817439-02 (AOS) YIN WC 5917440-02 (WI) NIA STOPGAP(ND,OH,WA,WY) N I N 1026159794 8/1/2014 18,1 2015 8/1/2014 8!1'2015 8r 1.2014 182 1 /'_'015 DESCRIPTION OF OPERATIONS / LOCATIONS ( VEHICLES (Attach ACORD 101, Additional Remarks Schedule, may he attached if more space is required( RE: PROVIDENCE ROAD STORMWATER SYSTEM IMPROVEMENTS - CITY OF MILTON AND CITY PARTIES ARE INCLUDED AS LOSS PAYEE ON RENTED.ILEASED EQUIPMENT AND ADDITIONAL INSUREDS ON GENERAL LIABILITY AND AUTOMOBILE LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS IF REQUIRED BY SIGNED, WRITTEN CONTRACT. 30 DAY NOTICE OF CANCELLATION APPLIES, IYYYY LIMITS EACH OCCURRENCE 2 Oaf) Woo DAMAGE TO RENTED SOO 0OW PREMISES Ea occurrence MED EXP An one erson 10,000 PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 5,000,000 PROCUCTS - COMPIOP AGG $ 5,000,000 8 Ea3ccldertSINGLE LIMIT $ 5,000,000 BODILY INJURY (Per person) $ XXXXXXX BODILY INJURY (Per accident $ XXXXXXX Pe PROPERTY c dentDAMAGE rr $ XXXXXXX $XXXXXXX EACH OCCURRENCE $ XXXXXXX AGGREGATE S XXXXXXX $ X STATUTE OTH- E.L. EACH ACCIDENT $ 5,000,000 r E L DISEASE - EA EMPLOYEE 5,000,000 E.L. DISEASE- POLICY LIOT 5,000,000 ALL LEASED, OWNED OR RENTED EQUIPMENT, 55.000.000 LIMIT PER OCCURRENCE_ CERTIFICATE HOLDER TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 13574558 AUTHORIZED REPRESENTATIVE CITY OF MILTON 13000 DEERFIELD PARKWAY, SUITE 107F MILTON GA 30004 / ACORD 25 (2014101) 4188=2014CORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD UMBRELLA LIAR OCCUR EXCESS LIAR CLAIMS DEO RETENTION $ B WORKERS COMPENSATION A AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNEREXECUTIVE A OFFICERIMENIBER EXCLUOEDI (Mandatory in NH) 11 yes, describe under DESCRIPTION OF OPERATIONS below C EQUIPMENT FLOATER NOT APPLICABLE N WC 5817439-02 (AOS) YIN WC 5917440-02 (WI) NIA STOPGAP(ND,OH,WA,WY) N I N 1026159794 8/1/2014 18,1 2015 8/1/2014 8!1'2015 8r 1.2014 182 1 /'_'015 DESCRIPTION OF OPERATIONS / LOCATIONS ( VEHICLES (Attach ACORD 101, Additional Remarks Schedule, may he attached if more space is required( RE: PROVIDENCE ROAD STORMWATER SYSTEM IMPROVEMENTS - CITY OF MILTON AND CITY PARTIES ARE INCLUDED AS LOSS PAYEE ON RENTED.ILEASED EQUIPMENT AND ADDITIONAL INSUREDS ON GENERAL LIABILITY AND AUTOMOBILE LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS IF REQUIRED BY SIGNED, WRITTEN CONTRACT. 30 DAY NOTICE OF CANCELLATION APPLIES, IYYYY LIMITS EACH OCCURRENCE 2 Oaf) Woo DAMAGE TO RENTED SOO 0OW PREMISES Ea occurrence MED EXP An one erson 10,000 PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 5,000,000 PROCUCTS - COMPIOP AGG $ 5,000,000 8 Ea3ccldertSINGLE LIMIT $ 5,000,000 BODILY INJURY (Per person) $ XXXXXXX BODILY INJURY (Per accident $ XXXXXXX Pe PROPERTY c dentDAMAGE rr $ XXXXXXX $XXXXXXX EACH OCCURRENCE $ XXXXXXX AGGREGATE S XXXXXXX $ X STATUTE OTH- E.L. EACH ACCIDENT $ 5,000,000 r E L DISEASE - EA EMPLOYEE 5,000,000 E.L. DISEASE- POLICY LIOT 5,000,000 ALL LEASED, OWNED OR RENTED EQUIPMENT, 55.000.000 LIMIT PER OCCURRENCE_ CERTIFICATE HOLDER TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 13574558 AUTHORIZED REPRESENTATIVE CITY OF MILTON 13000 DEERFIELD PARKWAY, SUITE 107F MILTON GA 30004 / ACORD 25 (2014101) 4188=2014CORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 13574558 AUTHORIZED REPRESENTATIVE CITY OF MILTON 13000 DEERFIELD PARKWAY, SUITE 107F MILTON GA 30004 / ACORD 25 (2014101) 4188=2014CORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD EXHIBIT "D" NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER STATE OF GEORGIA CITY OF MILTON being first duly sworn, deposes and says that,- (1) hat: (1) He is (Owner, Partner, Officer, Representative, or Agent) of Layne Inliner, LLC (the "Proposer") that has submitted the attached Proposal; (2) He is fully informed respecting their preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; (3) Such Proposal is genuine and is not a collusive of sham Proposal; (4) Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Proposer, firm or person to submit a collusive or sham Proposal in connection with the Contract for which the attached Proposal has been submitted to or refrain from proposing in connection with such Contract, or has in any collusion or communication or conference with any other Proposer, firm or person to fix the price or prices in the attached Proposal or of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached 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 of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF , 20 Notary Public My Commission Expires Date 37 (SEAL) [BIDDERS M S -F RETURN THIS FOR\I N`'ITII BED RESPONSE1 EXHIBIT •T - STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMEXT By executinu this affidavit. the undersigned contractor verifies its contpliance with O.C_G.A. j 13-10-9I, staling affirmatively that the individual, firm, or corporation which is contractinty with the City of Milton has registered with and is participating in a federal work authorization pI•ogram, in accordance with the applicability provisions and deadlines established in O.C.G.A. 5 13-10-91. The undersigned further agrees that. should it emnlny or contract with anv cuhcontractor(s) in connection with the physical performance of services pursuant to this cotztract with the Citv of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. ti 13-10-91 on the Subcontractor Affidavit provided in Rule 300 -10 -01 -.OS in the form attached hereto as Exhibit "G." Contractor farther 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 perfomi such service. 47111 EEV i Basic Pilot Pro(yram User Identification Number BY: Authorized Officer or Agent Date Layne Inliner, LLC (Print Contractor Name) Branch Manager Title of Authorized Officer or Agent of Contractor Carl C. Smith Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE OF Notary Pubes Con-imissiori Expires: 15-PW09 Providence Road Stormwater System Improvements 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 Date of Authorization LaMe Inliner LLC Name of Contractor Providence Road Stormwater System Improvements Name of Project City of Milton Name of Public Employer 38 I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 201` in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,201—. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: EXHIBIT "G" PLANS AND SPECIFICATIONS See Exhibit "A" 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 Click here to enter text. or any of its subcontractors in connection with the construction of the Click here to enter text. 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 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 HOME OF ' FSTA fiLISIiFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 29, 2015 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Kimley-Horn and Associates, Inc. for the Milton Comprehensive Transportation Plan. MEETING DATE: Monday, August 3, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED CITY ATTORNEY APPROVAL REQUIRED. YES CITY ATTORNEY REVIEW REQUIRED: YES APPROVAL BY CITY ATTORNEY PAPPROVED PLACED ON AGENDA FOR: O e O - I REMARKS (} NOT APPROVED (} NO (} NO (} NOT APPROVED © .* You(n PHONE: 678242.25001 FAX: 678.242.2499 Green ' mortified + Oa»� „^�� i E` info@cltyofmiltonga.us I www.cityofmillfonga.us Community thics 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer Date: Submitted on July 29, 2015 for the August 3, 2015 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Kimley-Horn and Associates, Inc. for the Milton Comprehensive Transportation Plan. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The Milton Comprehensive Transportation Plan (CTP) will be an update to the City’s first CTP that was adopted in 2009. This update will refine the vision, goals and objectives; update the existing conditions inventory; evaluate and calibrate the needs assessment; update the recommendations, project prioritization and implementation; and review the successes and shortfalls of the 2009 CTP and how to build on those efforts. The City issued a Request for Qualifications (RFQ) in June 2015 to identify qualified firms that met the requirements established in the RFQ. A selection committee evaluated 4 submittals and in accordance with the City of Milton Purchasing Policy, selected Kimley-Horn and Associates, Inc. as the most qualified consultant to provide these services. Funding and Fiscal Impact: Funding for this project is $225,000 and is available in the Transportation Master Plan Capital account. Alternatives: None. Legal Review: Paul Higbee – Jarrard & Davis, LLP (July 28, 2015) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Professional Services Agreement 1 PROFESSIONAL SERVICES AGREEMENT MILTON COMPREHENSIVE TRANSPORTATION PLAN This Agreement made and entered into this _____ day of _____________, in the year 2015, by and between The City of Milton, Georgia (sometimes referred to herein as the “City”), having its principle place of business at 13000 Deerfield Parkway Suite 107F, Milton GA 30004 and Kimley-Horn and Associates, Inc. (“Consultant”) having its principle place of business at 3001 Weston Parkway, Cary, NC 27513. WHEREAS, the City issued a Request for Qualifications (RFQ 15-PW4), to solicit statements of qualifications to provide an update to the Milton Comprehensive Transportation Plan; and WHEREAS, based upon Consultant’s statement of qualifications, the City has selected Consultant as the winning bidder, and WHEREAS, Consultant has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Consultant 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 Consultant is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: 1.0 Contract Documents This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the “Contract Documents”: EXHIBIT A REQUEST FOR QUALIFICATIONS/SCOPE OF WORK EXHIBIT B RESPONSE TO BID/FEE SCHEDULE EXHIBIT C INSURANCE CERTIFICATE EXHIBIT D CONSULTANT AFFIDAVIT EXHIBIT E SUBCONSULTANT AFFIDAVIT To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. 2 2.0 Scope of Work; Compensation 2.1 The Consultant agrees to provide all Services specified in Exhibit “A.” No payments will be made for unauthorized work. Invoices should be submitted to Honor Motes, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand-delivered. 2.2 City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City’s certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City’s receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a lump sum fee of $225,000 (the “Contract Price”) for the following tasks without prior written approval from the City. TASK 1: Development of Vision, Goals, Objectives, and Investment Strategies TASK 2: Stakeholder and Public Involvement Plan and Activities TASK 3: Inventory of Existing Conditions TASK 4: Assessment of Current and Future Needs TASK 5: Recommendations 2.3 Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant’s industry, Consultant will give written notice thereof immediately to the City. 2.4 The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Consultant and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Consultant shall proceed with the changed work. 2.5 Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Consultant. 2.6 The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total 3 amount to be paid under this Agreement in excess of $25,000, must be approved by resolution of the Milton City Council. 3.0 Independent Contractor 3.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant’s expense, all permits, license or approvals that may be necessary for the performance of the services. 3.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City’s agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 4.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly resulting to it on account of the negligent performance of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney’s fees, to the extent caused by negligent, or willful misconduct of the Consultant, any sub-consultant, anyone directly employed by the Consultant or sub-consultant or anyone for whose acts the Consultant or sub-consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its employees, by any employee of the Consultant, any sub-consultant, anyone directly employed by the Consultant or sub-consultant or anyone for whose acts the Consultant or sub-consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub-consultant under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, employees and volunteers shall survive termination of this Agreement. 5.0 Insurance (1) Requirements: The Consultant shall have and maintain in full force and effect for the duration of 4 this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub- consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. 5 (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, and volunteers for losses arising from work performed by the Consultant for the City. (c) All Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the 6 Indemnification obligations assumed by the Consultant under the terms of this Agreement, including but not limited to Section 4 of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A:VII. (6) Verification of Coverage: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub-consultants: Consultant shall include all sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub-consultant. All coverage for sub-consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims-Made Policies: Consultant shall extend any claims-made insurance policy for at least six (6) years after 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, except Workers Compensation and Professional Liability Insurance, required by this Agreement. 6.0 Term; Termination The term of this Agreement shall be from August 4, 2015 and shall terminate absolutely and without further obligation on the part of the City on December 31, 2015, provided that this 7 Agreement, absent written notice of non-renewal provided by the City to Consultant at least thirty (30) days prior to December 31, 2015, shall automatically renew on January 1, 2016 to November 1, 2016. Except as otherwise provided for in Exhibit “A”, the City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant’s subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. The Consultant shall have the right to terminate this Agreement upon seven days’ notice to the Client upon breach by Client of any of its obligations under this Agreement. In the event of such termination, the Consultant shall be paid for all services performed up to the effective date of the termination and all damages, if any, resulting from the Client’s breach of this Agreement. 7.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 8.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton’s prior written consent. 9.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 10.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 11.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 12.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 8 13.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 14.0 Waiver of Agreement The City’s failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 15.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. 16.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Robert Ross Kimley-Horn 817 West Peachtree St, NW The Biltmore, Suite 601 Atlanta, GA 30308 17.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant’s performance of services under this Agreement shall not 9 subject Consultant’s individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 18.0 Employment of Unauthorized Aliens Prohibited (1) E-Verify Affidavit It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits “D” and “E” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor’s subcontractors have conducted a verification, under the federal Employment Eligibility Verification (“EEV” or “E- Verify”) program, of the social security numbers, or other identifying information now or hereafter accepted by the E-Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “D”, and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.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 “E”, 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. 10 Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor’s and Contractor’s subcontractors’ verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor’s subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor’s failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee-number category designated below is applicable to the Contractor. [Information only required if 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. 19.0 Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 19.0 in every subcontract for services contemplated under this Agreement. 11 The parties also agree to comply with the requirements contained in Exhibit “D,” attached hereto and incorporated herein by reference. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. Kimley-Horn and Associates, Inc. ___________________________________ Signature _______________________________________________ Print Name _______________________________________________ Title SIGNED, SEALED, AND DELIVERED In the presence of: [AFFIX CORPORATE SEAL] _____________________________ Witness (Corporate Secretary should attest) _______________________________________ Print Name _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: __________________ MILTON CITY COUNCIL: Joe Lockwood, Mayor ___________________________________ SIGNED, SEALED, AND DELIVERED [CITY SEAL] In the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: __________________ EXHIBIT “A” REQUEST FOR QUALIFICATIONS/SCOPE OF WORK CITY OF MILTON REQUEST FOR QUALIFICATIONS (THIS IS NOT AN ORDER) Bid Number: 15-PW4 Project Name: Update to Milton Comprehensive Transportation Plan Due Date and Time: June 3, 2015 Local Time: 2:00pm Number of Pages: 28 ISSUING DEPARTMENT INFORMATION Issue Date: May 13, 2015 City of Milton Public Works Department 13000 Deerfield Pkwy, Suite 107F Milton, Ga. 30004 Phone: 678-242-2500 Fax: 678-242-2499 Website: www.cityofmiltonga.us INSTRUCTIONS TO CONSULTANTS Return Submittal to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite 107F Milton, Ga. 30004 Mark Face of Envelope/Package: RFQ Number: 15-PW4 Name of Company or Firm Special Instructions: Deadline for Written Questions May 22, 2015, 5 pm Email questions to Honor Motes at honor.motes@cityofmiltonga.us CONSULTANTS MUST COMPLETE THE FOLLOWING Consultant Name/Address: Authorized Consultant Signatory: (Please print name and sign in ink) Consultant Phone Number: Consultant FAX Number: Consultant Federal I.D. Number: Consultant E-mail Address: CONSULTANTS MUST RETURN THIS COVER SHEET WITH RFQ RESPONSE 2 | RFQ 15-PW4 TABLE OF CONTENTS Offeror’s RFQ Checklist Disclosure Form Schedule of Events Section 1: Project Overview and Instructions Section 2: RFQ Standard Information Section 3: Scope of Project Section 4: Consultant Qualifications Section 5: Evaluation Criteria Section 6: Standard Contract Information Standard Contract 3 | RFQ 15-PW4 OFFEROR’S RFQ CHECKLIST The 10 Most Critical Things to Keep in Mind When Responding to an RFQ for the City of Milton 1._______Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2._______Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFQ and is an excellent source of information for any questions you may have. 3._______Attend the pre-proposal conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFQ. 4._______Take advantage of the “question and answer” period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal “addenda” issued for the RFQ. All addenda issued for an RFQ are posted on the DOAS website at http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp and on the City’s website at http://www.cityofmiltonga.us will include all questions asked and answered concerning the RFQ. 5._______Follow the format required in the RFQ when preparing your response. Provide point-by- point responses to all sections in a clear and concise manner. 6._______ Provide complete answers/descriptions. Read and answer all questions and requirements. Don’t assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The submittals are evaluated based solely on the information and materials provided in your response. 7._______Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. 8._______Check the website for RFQ addenda. Before submitting your response, check the DOAS website at http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp and the City website at http://www.cityofmiltonga.us to see whether any addenda were issued for the RFQ. If so, you must submit a signed cover sheet for each addendum issued along with your RFQ response. 9._______Review and read the RFQ document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 10._______Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document, and be sure to submit all required items on time. Late submittal responses are never accepted. This checklist is provided for assistance only and should not be submitted with Offeror’s Response. 4 | RFQ 15-PW4 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH BID 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 RFQ package when it is submitted. Name of Consultant __________________________________________________ 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 12 months) by the City of Milton and your relation: ________________ ___________________________________________ _________________ ___________________________________________ 5 | RFQ 15-PW4 SCHEDULE OF EVENTS EVENT DATE RFQ Issue Date May 13, 2015 Deadline for Receipt of Written Questions 5 PM on May 22, 2015 Posting of Written Answers by City to Websites on or about May 27, 2015 RFQ DUE No Later than 2 PM on June 3, 2015 NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) OR THE DOAS WEBSITE (http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp) FOR ADDENDA AND SCHEDULE UPDATES. 6 | RFQ 15-PW4 SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton is requesting Statements of Qualifications (SOQ) from qualified consultants to provide professional services for the update to the Milton Comprehensive Transportation Plan. All Consultants must comply with all general and special requirements of the RFQ information and instructions enclosed herein. The City intends to select a single consultant team to provide all of the required services through the Qualification Based Selection process. The selected firm will be expected to provide services in accordance with the project schedule established by the City of Milton. 1.1 SINGLE POINT OF CONTACT From the date this Request for Qualifications (RFQ ) is issued until an offeror is selected, offerors 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 offeror 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 1.2 REQUIRED REVIEW A. Review RFQ. Consultants should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFQ and promptly notify the procurement office identified above via e -mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon exami nation of this RFQ. B. Form of Questions. Consultants with questions or requiring clarification or interpretation of any section within this RFQ must submit their questions in writing via email to the procurement office referenced above on or before 5 PM on May 22, 2015. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. C. City’s Answers. The City will provide an official written answer to all questions on or about May 27, 2015. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFQ will not be binding upon the City. Any formal written addendum will be posted alongside the posting of the RFQ at http://www.cityofmiltonga.us or http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp. Consultants must sign and return any addendum with their RFQ response. 7 | RFQ 15-PW4 D. Standard Contract. By submitting a response to this RFQ, consultant agrees to acceptance of the City’s standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by the date for receipt of written/e -mailed questions or with the consultant’s RFQ response and must be accompanied by an ex planation of why the exception is being taken and what specific effect it will have on the consultant’s ability to respond to the RFQ or perform the contract. The City reserves the right to address non- material, minor, insubstantial requests for exceptions with the highest scoring consultant during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFQ and will apply to all consultants submitting a response to this RFQ. E. Mandatory Requirements. To be eligible for consideration, a consultant must meet the intent of all mandatory requirements. The City will determine whether a consultant’s RFQ response complies with the intent of the requirements. RFQ responses that do not meet the full intent of all requirements listed in this RFQ may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 Reserved 1.4 SUBMITTING QUALIFICATIONS Consultants must organize their qualifications into sections that follow the following format. For the purposes of the RFQ, the term “company” shall refer to the prime respondent of this RFQ, or in other words, the company with whom the City will contract. The term “consultant” shall refer to any and all consultants with whom the prime respondent will be including on the project team. The SOQ shall clearly delineate any experience, background, etc. between the prime “company” and “consultants”. A. Submittal Requirements. Qualifications shall include the following: 1. City of Milton request for qualification cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. Qualifications shall be: a. Maximum of twenty 20 single sided pages (ten pages if double-sided) b. Minimum of 11 point font c. Stapled or spiral-bound. No binders d. Cover page(s), cover letter, table of contents, tabs, and required forms do not count toward page limit 4. And shall contain the following minimum information: a. Cover letter - introductory remarks and qualification summary - no longer than two pages. 8 | RFQ 15-PW4 b. Qualifications of the Design Team - information about the overall makeup of the project team, including: 1. Identity of all key personnel, a description of their respective responsibilities and duties, and each team members experience with similar projects 2. Identify any previous projects on which members of the proposed design team have worked together. 3. Should the firm be selected to participate in an interview, the Company’s designated project manager must be present to present the firm’s qualifications and take the lead in answering questions. c. Work Plan - Describe plans to provide the requested services including: 1. Narrative description of the proposed methodology to be used to accomplish the required tasks 2. Provide any anticipated challenges and any innovative approaches 3. Provide an anticipated project schedule and current company workload and ability to perform work for this project. d. Related Projects and References 1. Description of past and current projects or contracts similar to this project, including the degree of involvement of your firm and/or personnel assigned to the project. 2. Include names, titles, and all contact information for clients for whom your firm has performed similar work. 5. City of Milton Required Forms: a. City of Milton request for qualifications cover page (information entered and signed: first page of this document) b. City of Milton Disclosure form (signed) c. Applicable Addenda Acknowledgement Forms (if necessary) B. Failure to Comply with Instructions. Consultants failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any qualifications that do not follow this RFQ format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Qualifications. One original and four (4) copies of each submittal (plus a CD) should be provided to the City. Qualifications must be received at the receptionist’s desk in Suite 107F prior to 2:00 PM, local time, June 3, 2015. Emailed responses to requests for qualifications are not acceptable. Qualifications will be opened at approximately 2:05 pm and names of consultants will be announced. D. Late Qualifications. Regardless of cause, late Qualifications will not be accepted and will automatically be disqualified from further consideration. It shall be the consultant’s sole risk to assure delivery to the receptionist's desk at the designated office by the designated time. Late Qualifications will not be opened and may be returned to the 9 | RFQ 15-PW4 consultant at the expense of the consultant or destroyed if requested. 1.5 CONSULTANT'S CERTIFICATION A. Understanding of Specifications and Requirements. By submitting a response to this RFQ, consultant agrees to an understanding of and compliance with the specifications and requirements described in this RFQ. 1.6 COST OF PREPARING QUALIFICATIONS A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFQ and any subsequent presentations of the qualification as requested by the City are entirely the responsibility of the consultant. The City is not liable for any expense incurred by the consultant in the preparation and presentation of their qualifications. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFQ become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and consultant resulting from this RFQ process. 10 | RFQ 15-PW4 SECTION 2: RFQ STANDARD INFORMATION 2.0 AUTHORITY This RFQ is issued under the authority of the City of Milton. The RFQ process is a procurement option allowing the award to be based on stated evaluation criteria. The RFQ states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFQ, will be used. 2.1 CONSULTANT COMPETITION The City encourages free and open competition among consultants. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City’s need to procure technically sound, cost - effective services and supplies. 2.2 RECEIPT OF QUALIFICATIONS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFQ, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of qualifications has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the consultant; and (4) other constitutional protections. B. Procurement Officer Review of Qualifications. Upon opening the submittals received in response to this RFQ, the procurement office will review the qualifications and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the submittal. 2. An affidavit from a consultant’s legal counsel attesting to and explaining the validity of the trade secret claim is attached to each submittal containing trade secrets. Please contact Honor Motes for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Consultants must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a “right to know” (open records) request from another party. 2.3 CLASSIFICATION AND EVALUATION OF QUALIFICATIONS A. Initial Classification of Qualifications as Responsive or Nonresponsive. Qualifications may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; 11 | RFQ 15-PW4 the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFQ; or the qualification is not within the specifications described and required in the RFQ. If a qualification is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if a consultant has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Qualifications. The evaluation committee will evaluate the remaining qualifications and recommend whether to award the contract to the highest scoring consultant or, if necessary, to seek discussion/negotiation in order to determine the highest scoring consultant. All responsive qualifications will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFQ responses. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Qualifications. Selection and award will be based on the consultant’s qualifications and other items outlined in this RFQ. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by consultants outside the formal response or subsequent discussion/negotiation, if requested, will not be considered, will have no bearing on any award, and may result in the consultant being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. After receipt of all qualifications and prior to the determination of the award, the City may initiate discussions with one or more consultants should clarification or negotiation be necessary. Consultants may also be required to make an oral presentation and/or product demonstration to clarify their RFQ response or to further define their offer. In either case, consultants should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the consultant’s expense. F. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. G. Request for Documents Notice. Upon concurrence with the evaluation committee’s recommendation for contract award, the procurement officer may issue a “Request for Documents Notice” to the 12 | RFQ 15-PW4 highest scoring consultant to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the “Request for Documents Notice” does not constitute a contract and no work may begin until a contract signed by all parties is in place. H. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible consultant whose submittal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring consultant fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring consultant. I. Contract Award. Contract award, if any, will be made to the highest scoring consultant who provides all required documents and successfully completes contract negotiation. 2.4 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFQ, issuance of the RFQ in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: 1. Modify, cancel or terminate this RFQ, 2. Reject any or all qualifications received in response to this RFQ, 3. Select a design team without holding interviews, 4. Waive any undesirable, inconsequential, or inconsistent provisions of this RFQ which would not have significant impact on any submittal, 5. To request further documentation or information, and to discuss an RFQ submittal for any purpose in order to answer questions or to provide clarification, 6. Not award if it is in the best interest of the City not to proceed with contract execution; or 7. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 13 | RFQ 15-PW4 SECTION 3: SCOPE OF PROJECT The update to the Milton Comprehensive Transportation Plan (CTP) will refine the vision, goals and objectives; update the existing conditions inventory; evaluate and calibrate the needs assessment; update the recommendations, project prioritization and implementation; and review the successes and shortfalls of the 2009 CTP and how to build on those efforts. The 2009 CTP is available on the City website at http://www.cityofmiltonga.us/government/public- works/transportation-services/comprehensive-transportation-plan/. There is also a possibility proposed federal funding could be added to the study for more detailed analysis of aspects of the transportation system. The City has budgeted $225,000 in local funds for the study. The project will begin once a contract is awarded to the selected consultant. If new federal funding is awarded to the project at a later date, the scope and fees will be updated based upon work complete prior to the federal funding award. Consultant and/or subconsultants shall be GDOT prequalified in areas 1.02, 1.10 and 1.13 (planning), 1.06a – 1.06g (environmental), 3.01 - 3.02 and 3.06 - 3.07 (design), and 3.13 (pedestrian). 3.1 GENERAL SCOPE OF SERVICES It shall be the Consultant’s responsibility to design, prepare, assemble and coordinate the necessary documents to complete the project. The completed project must comply with all applicable local, state, and federal environmental laws and regulations. Although there is currently no federal funding on this project, sufficient data should be collected to transition to federal requirements should federal funding become available. At a minimum, the following standards shall be utilized for the project: a. Georgia Department of Transportation (GDOT) Design Policy Manual (current edition), and applicable addenda. b. Georgia Department of Transportation (GDOT) Standards and Specifications (current edition), and applicable addenda. c. AASHTO Standards, latest edition and applicable addenda, including Design of Pavement Structures, Policy on Geometric Design of Highways and Streets, Roadside Design Guide, and applicable addenda. d. Manual on Uniform Traffic Control Devices (MUTCD) current edition, and applicable errata. e. Federal Highway Administration Roundabouts: An Informational Guide, current edition, and all applicable addenda. f. Americans with Disabilities Act (ADA) latest requirements g. City of Milton Code of Ordinances 3.2 SPECIFIC SCOPE OF SERVICES The City of Milton is seeking the services of professional engineering and planning consultants to conduct an update to the City of Milton Comprehensive Transportation Plan. The work plan that is to be provided as part of the SOQ will include the level of studies that that the consultant can provide within the budget for the following tasks: 14 | RFQ 15-PW4 Task 1: Development of Vision, Goals, Objectives, and Investment Strategies The transportation plan vision, goals and objectives specifics will be built on the foundation of the City of Milton’s first Comprehensive Transportation Plan and the strategic plan for the City. A brand and logo will be developed in coordination with the City based on the transportation plan project vision. Task 2: Stakeholder and Public Involvement Plan and Activities: Transportation planning must take into account a broad, diverse group of users as well as different modes including transit, automobile, pedestrian, bicycling and equestrian. To accommodate demanding schedules, the outreach needs to come to the residents. The CTP process will include a stakeholder involvement plan that welcomes and seeks input from the broad spectrum of users and interests. Task 3: Inventory of Existing Conditions This task will review studies and plans, organize and collect demographic, land use and transportation data, develop GIS mapping displaying this information, update the travel demand model forecasting and report existing conditions. To the maximum extent possible, ensure that existing data sets and sources addresses the interaction of traffic and growth from surrounding areas. A review of the City’s growth and development since 2009, the actual growth compared to projections and where the growth has occurred will be determined. Review and report on the City’s ability to implement the recommendations established in the approved 2009 CTP. Task 4: Assessment of Current and Future Needs The Atlanta Regional Commission travel demand model and population and employment forecast will be the primary tools for this analysis. The identification of needs and coordination across governmental boundaries will be addressed. Citywide accident data will be collected and evaluated for needs that will improve the safety of the transportation system. Transportation improvements will be modeled based upon the City’s comprehensive plan and land use work and will be developed in consultation with the City’s Public Works and Community Development staff. Task 5: Recommendations This task will result in the development of multimodal recommendations and a program of projects supporting the City’s vision, stakeholder and public supported input, need and purpose, and cost considerations. Developing actual concept designs and cost estimates for improvements will allow the City to represent the recommendations in the capital improvement plan and develop priorities over the next decade. The final recommended set of projects in the plan will include identified implementation strategies including funding and a constructability review of key projects to position the program for achievement. 15 | RFQ 15-PW4 SECTION 4: CONSULTANT QUALIFICATIONS 4.0 CITY’S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the consultant to provide the supplies and/or perform the services specified. 4.1 CONSULTANT INFORMATIONAL REQUIREMENTS Firms interested in providing the services described in this RFQ should be able to demonstrate experience in the areas described in Section 3. . 16 | RFQ 15-PW4 SECTION 5: EVALUATION CRITERIA 5.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the qualifications according to the following criteria:  A selection team for the City will initially evaluate and score all submittals received.  Qualifications not meeting the minimum requirements and those who are non-responsive will not be considered. Submittal Evaluation Criteria Qualifications of the design team 35 pts.  Organization strength and stability  Education and experience of the assigned staff  Key personnel’s level of involvement  Proximity and availability of key personnel Work Plan 35 pts.  Project approach  Public involvement  Project innovations  Schedule Related Projects and References 30 pts.  Experience and technical competence on similar projects  Previous experience with City of Milton projects  Previous experience as a design team  Quality of the final work product  Ability to meet schedules 17 | RFQ 15-PW4 SECTION 6: STANDARD CONTRACT INFORMATION 6.0 STANDARD CONTRACT The City’s standard contract is attached to this document as Appendix A. Consultant should notify the City of any terms within the standard contract that preclude them from responding to the RFQ. This notification must be made by the deadline for receipt of written/e-mailed questions or with the consultant’s RFQ response. Any requests for material, substantive, important exceptions to the standard contract will be addressed in any formal written addendum issued by the procurement officer in charge of the solicitation. The City reserves the right to address any non-material, minor, insubstantial exceptions to the standard contract with the highest scoring consultant at the time of contract negotiation. 6.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFQ and any addenda, the consultant’s RFQ response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City’s standard contract, attached as Appendix A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring consultant. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. 6.2 SUBCONSULTANT The highest scoring consultant will be the prime consultant if a contract is awarded and shall be responsible, in total, for all work of any subconsultants. All subconsultants, if any, must be listed in the qualifications. The City reserves the right to approve all subconsultants. The Consultant shall be responsible to the City for the acts and omissions of all subconsultants or agents and of persons directly or indirectly employed by such subconsultants, and for the acts and omissions of persons employed directly by the Consultant. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFQ shall create any contractual relationships between any subcontractor and the City. 6.3 GENERAL INSURANCE REQUIREMENTS See sample contract. 6.4 COMPLIANCE WITH WORKERS’ COMPENSATION ACT The Consultant is required to supply the City of Milton with proof of compliance with the Workers’ Compensation Act while performing work for the City. Neither the Consultant nor its employees are employees of the City. The proof of insurance/exemption must be received by the City of Milton within 10 working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO VENDORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 18 | RFQ 15-PW4 6.5 COMPLIANCE WITH LAWS The Consultant must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or subconsulting by the Consultant subjects subconsultants to the same provision. The Consultant agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 6.6 CONTRACT TERMINATION See sample contract. 19 | RFQ 14-PW3 STANDARD CONTRACT Included for Reference Only City reserves the right to make changes to this contract PROFESSIONAL SERVICES AGREEMENT 15-PW4 This Agreement made and entered into this _____ day of _____________, in the year 2015, by and between The City of Milton, Georgia (sometimes referred to herein as the “City”), having its principle place of business at 13000 Deerfield Parkway Suite 107F, Milton GA 30004 and XXXXX (“Consultant”) having its principle place of business at XXXXXX. WHEREAS, the City issued a Request for Qualifications (15-PW4 XXXXX), to solicit firms to provide design services; and WHEREAS, based upon Consultant’s bid to provide XXXX services as required by the bid documents, the City has selected Consultant as the winning bidder; and WHEREAS, Consultant has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Consultant 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 Consultant is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: 1.0 Contract Documents This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the “Contract Documents”: EXHIBIT A SCOPE OF WORK/REQUEST FOR QUALIFICATIONS EXHIBIT B FEE SCHEDULE/RESPONSE TO RFQ EXHIBIT C INSURANCE CERTIFICATE EXHIBIT D CONSULTANT AFFIDAVIT EXHIBIT E SUBCONSULTANT AFFIDAVIT EXHIBIT F SAVE AFFIDAVIT To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. 2.0 Scope of Work; Compensation 2.1 The Consultant agrees to provide all Services specified in Exhibit “A.” In addition to the tasks required by Exhibit “A” the Consultant shall provide a XXXXX. No payments will be made for unauthorized work. Invoices should be submitted to Honor Motes, 13000 Deerfield Parkway Ste 107F, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. 2.2 City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City’s certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid 20 | P a g e to Consultant upon the City’s receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a fee of XXXXX (the “Contract Price”), without prior written approval from the City. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agre es that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant’s industry, Consultant will give written notice thereof immediately to the City. 2.3 The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Consultant and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as deter mined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Consultant shall proceed with the changed work. 2.4 Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Consultant. 2.5 The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $5,000, must be approved by resolution of the Milton City Council. 3.0 Independent Contractor 3.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant’s expense, all permits, licenses or approvals that may be necessary for the performance of the services. 3.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Consultant agrees not to represent itself as the City’s agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 4.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, sui ts, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney’s fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub- consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub-consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub-consultant, anyone directly or indirectly employed by the Consultant or sub-consultant or anyone for whose acts the Consultant or sub-consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, 21 | P a g e officers, agents, employees and volunteers shall survive termination of this Agreement. 5.0 Insurance (1) Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub-consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manage r. (2) Minimum Limits of Insurance: Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destructio n of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each in sured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (c) All Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) day s prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. 22 | P a g e (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Consultant under the terms of this Agreement, including but not limited to Section 4 of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A:VII. (6) Verification of Coverage: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub-consultants: Consultant shall include all sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub-consultant. All coverage for sub-consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims-Made Policies: Consultant shall extend any claims-made insurance policy for at least six (6) years after 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 A greement. 6.0 Term; Termination The term of this Agreement shall be from April 10, 2012 and shall terminate absolutely and without further obligation on the part of the City on December 31, 2012, provided that this Agreement, absent written notice of non - renewal provided by the City to Consultant at least thirty (30) days prior to December 31, 2012, shall automatically renew on January 1, 2013 to April 1, 2013. The City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant’s subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. The City may terminate this Agreement for convenience by providing at least thirty (30) days prior written notice of such termination to Consultant. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 7.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 8.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton’s prior written consent. 9.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 10.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City’s intention and purpose in entering into this Agreement is to engage an entit y with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 23 | P a g e 11.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 12.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 13.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 14.0 Waiver of Agreement The City’s failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 15.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. 16.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Attn: 17.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant’s performance of services under this Agreement shall not subject Consultant’s individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employe e, officer, director, or elected or appointed official. 18.0 Employment of Unauthorized Aliens Prohibited (1) E-Verify Affidavit It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits “D” and “E” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16 -10-71), that it and Contractor’s subcontractors have conducted a verification, under the federal Employment Eligibility Verification (“EEV” or “E-Verify”) program, of the social security numbers, or other 24 | P a g e identifying information now or hereafter accepted by the E-Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “D”, and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontracto r(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 “E”, 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 req uired to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor’s failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee-number category designated below is applicable to the Contractor. [Information only required if 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 contract s 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. 19.0 Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 25 | P a g e 1990, 42 U.S.C. § 12132, and all othe r 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 19.0 in every subcontract for ser vices contemplated under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. ___________________________________ By: ________________________________ Its: President & CEO [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: _____________________________ CITY OF MILTON: ___________________________________ By: _____________________________ Its: _____________________________ [CITY SEAL] 26 | P a g e EXHIBIT “A” SCOPE OF WORK/REQUEST FOR QUALIFICATIONS EXHIBIT “B” FEE SCHEDULE/RESPONSE TO RFQ EXHIBIT “C” INSURANCE CERTIFICATE 27 | P a g e EXHIBIT “D” 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 w ith 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 _________________________________ Date of Authorization ____________________ Name of Contractor ____________________ Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ 28 | P a g e EXHIBIT “E” 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 Contractor Name 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 rece ipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub- subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization ____________________ Name of Subcontractor ____________________ Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ 1 | P a g e R F Q 1 5 -PW4 -A d d e n d u m # 1 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFQ 15-PW4 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: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFQ. COMPANY NAME: ___________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: __________________________________________________ CITY: _________________ STATE: ____________ ZIP: _____________ PHONE: ______________________ FAX: _________________________ EMAIL ADDRESS: ___________________________________________ ____________________________________ ______________________ Signature Date ADDENDUM #1 2 | P a g e R F Q 1 5 -PW4 -A d d e n d u m # 1 ADDENDUM #1 RFQ 15-PW4 Questions and City of Milton Answers 1. On Page 14, Task 3 - please expound on the following text “To the maximum extent possible, ensure that existing data sets and sources addresses the interaction of traffic and growth from surrounding areas”. If this is the responsibility of the consultant team does the city have in mind the data they would like to use? The modeling and data sets in this task will use the 2009 Milton CTP and ARC’s travel demand model, the Milton Comprehensive Plan and actual growth numbers. This task is not intended to create new modeling but to validate and make any updates from the 2009 CTP. 2. On Page 14, Task 4 - it states citywide accident data will be collected. Will this be an activity required by the consultant team or the city? If the city is collecting, for which years will the data cover? Will it be necessary to supplement city data with GDOT’s GEARS database? The accident data will be collected by the consultant team. City data can be provided to the consultant team as requested but the primary source of this data should be through a statewide database such as GDOT GEARS or CARE. 3. On Page 14, Task 5 - Will the consultant team be responsible for developing concept designs for all or any recommended projects? The details of the scope of the recommendations task will be negotiated with selected consultant. It is anticipated that only key improvements include a high level concept design to provide an accurate estimate for programming funds. Consultant shall discuss their proposed approach for this task as part of the work plan portion of the SOQ. TAS K 1: Development of Vision, Goals, Objectives, and Investment St rategies It is important to begin each planning process understanding where a community is and where it wants to go. The Kimley-Horn team will conduct a project kick-off meeting comprised of staff, City Council members, and other key stakeholders to serve as a visioning exercise with those who represent a cross-section of the City. The process will begin by considering the City’s Strategic Plan and community vision as well as the vision, goals, and objectives from the 2009 CTP. Kimley-Horn will provide a series of information boards around the room including the previous Milton CTP and North Fulton CTP goals and objectives, goals from ARC PLAN 2040, statewide plans, and federal guidance (MAP-21 and Partnership for Sustainable Communities). Additionally, boards with Census and other demographic maps will help set the stage for the conversation along with reference material from the City’s updated strategic plans including the City’s 2030 Comprehensive Plan and area plans and visions for Crabapple, the Deerfield/Highway 9 area, and Arnold Mill. Kimley-Horn will conduct a series of rotating roundtable discussions that will allow for a valuable cross- pollination of ideas throughout the room. This visioning exercise will serve as the basis for the development of the vision, goals, and objectives, which then can be further refined in subsequent staff workshops and public engagement sessions. Following this initial visioning workshop, Kimley-Horn will refine and prepare a draft of the vision, goals, and objectives with staff input and prepare this draft for general public review and comment. Public review and comment will begin at the first community event and finish with the first public meeting in Task 2. Using the stakeholder and public feedback from these meetings, Kimley-Horn will work with Milton staff and City Council to craft a brand and logo for the plan that is consistent and complimentary with the Strategic Plan that is currently underway. TAS K 2: Stakeholder and Public Involvement Plan and Activities Project Management Team and Stakeholder Committee The Kimley-Horn team will conduct a multi-tiered public engagement process that includes a variety of outreach methods involving various resident groups and communication across multiple forms of media. First and foremost, the Kimley-Horn team will work closely with the Project Management Team (PMT) comprised of key staff and decision-makers from the City of Milton. We will communicate regularly (six (6) PMT meetings/calls and other coordination) as needed with the P MT and will manage the project cooperatively. Kimley-Horn and the PMT will create a Stakeholder Committee including City Council and Planning Commission members/appointees, relevant agency representatives from ARC and the Georgia Department of Transportation (GDOT), and leadership of various advocacy groups that are active in Milton including the Disability Awareness Committee, PEDS, and representatives of the equestrian and cycling communities and neighborhood organizations. The Stakeholder Committee represents a cross-section of the general public and serves as a sounding board for the Consultant and Project Management Teams. Four (4) committee meetings are included in the scope and budget, and members will be encouraged to participate in larger community and public engagement events. Public Engagement Members of the general public will be engaged both in person and online through the following tasks. The Consultant Team will assist the City with communication to Milton residents and employees; however, current databases and communication lists from the City’s Strategic Plan (currently underway) as well as the City of Milton website will serve as primary sources of outreach and communication. • In person interaction will include organized public meetings and active presence at community events. o Two (2) public meetings with summary meeting minutes:  Vision and Goals/Needs Assessment – the first round will focus on feedback on the vision and goals as well as input into transportation needs throughout the City.  Draft Recommendations – the second round will give the community an opportunity to respond to the draft recommendations (projects and policies) near the end of the process. o Community events:  The Consultant Team will participate in up to three (3) one-time community events throughout the planning process. This may include Crabapple Fest, Christmas in Crabapple, football games, or other local events.  The specific community events will be determined through coordination with the PMT and possibly the Stakeholder Committee and/or City Council.  These events will be evaluated for reasonableness given the schedule and times for needed input.  The Consultant Team will provide exhibits and other relevant hand-outs to be used in the community events.  Two small focus group meetings will be held for 1) the Disability Awareness Committee and 2) bicycle/pedestrian advocacy groups if adequate input cannot be gained from the scheduled public meetings or community events.  If added, these meetings will be planned to precede or follow other larger meetings like public meetings, stakeholder meetings, or City Council work sessions.  Public meetings/events or Council work sessions may allow for input from these groups; if not, the additional focus groups can be added. • Online interaction will include a combination of website, social media, and survey usage: o The Kimley-Horn team will work with City staff to host a project website that will serve as the central location for online project information including plan documents and meeting exhibits. o The Kimley-Horn team will manage social media sites such as Facebook and Twitter that direct people back to the website. o MetroQuest surveys will be included as a part of the online platform.  The surveys will be timed to occur with the Vision and Goals/Needs Assessment and Recommendations phases of public meetings.  Public information and input exercises used at public meetings can be replicated online, providing members of the community viable ways to engage from the comfort of their home or office.  In lieu of conducting an update to the phone survey conducted in 2009, some of the questions asked in the original CTP survey can be asked using the MetroQuest survey tool. This will provided some insight into how opinions regarding transportation may have changed over the last five to six years (this will not be a statistically valid assessment). City Council Engagement Kimley-Horn will conduct up to four (4) presentations to/work sessions with the City Council (including the final plan adoption presentation). Depending on the timing of the meetings, presentations to the Council can be used to give status updates at milestones throughout the process, solicit input from the Council and public, and/or to preview or advertise upcoming public meetings. TAS K 3: Inventory of Existing Conditions Kimley-Horn will conduct a diagnostic review of the 2009 CTP and the City’s implementation progress. This will include the following components:  Review with City staff of components that were included in the initial CTP and any directional shifts that should be taken with the plan update in 2015  Traffic growth relative to 2009 model projections o How does that change the course of action in the 2015 update?  Review of project and policy implementation since the completion of the plan The Kimley-Horn team will utilize GIS files from the previous CTP and any other files currently in use by City staff to create a GIS inventory. GIS inventory will include the following items:  Roadway characteristics (lanes, functional classification, signals and roundabouts, etc.)  Bicycle and pedestrian infrastructure (will depend greatly on existing City inventories, North Fulton CTP inventories, the City of Milton Trail Plan, and the Highway 9 LCI with supplemental data collection in key activity centers and well traversed areas)  Crash data (from the City and statewide sources where reliable)  Constructed/designed projects since the completion of the 2009 CTP Kimley-Horn will review updated land use and market information for the City of Milton and the surrounding area. This includes a review of the City’s 2030 Comprehensive Plan and the City’s master plans and visioning studies for Crabapple, Deerfield/Highway 9, and Arnold Mill Road to locate current and project future activity centers that are e xpected to generate transportation needs or demand. Kimley-Horn will also use previous studies and available City information to determine the location of environmental features, schools, parks, senior living facilities, and other major traffic generators. The Consultant Team will review recent, relevant DRIs, planning studies, and major development activity within and near the City. Growth activities in Alpharetta, the McGinnis Ferry Road Corridor, South Forsyth County, and Cherokee County contribute to the transportation volume and connectivity challenges that impact Milton. The team will identify current and future significant traffic generators and compare current land uses with socioeconomic data used in ARC’s PLAN 2040 TDM and recommend modifications where needed. Kimley-Horn also will evaluate the current market conditions as they relate to residential and commercial real estate and development activity. Commercial activity will be given special focus in the primary activity centers within and around the City. The land use and market analysis will attempt to ensure the transportation inventory and assessment not only reflect the best known information for the City, but to the greatest extent possible will account for traffic demand in, out, and through the City based on evolving land use patterns and market characteristics in North Fulton County. The 2015 ARC Travel Demand Model will be used as needed throughout the planning process. In Task 3, Kimley-Horn will do the following:  Calibrate the model to a subarea level, including o Revision of roadway characteristics and addition of area roadways as needed o Modification of traffic analysis zones (TA Zs) including subdivision where necessary o Review of existing transit routes, frequencies, and ridership o Comparison to 2014 ADTs and transit data as well as NAVTEQ data from ARC  Determine 2015 conditions as base level for future analysis including roadway levels-of-service and V/C, travel speeds and delay, daily volumes, and existing transit ridership Documentation of this task will be combined with Task 4 to provide better efficiency and minimize excessive text. TAS K 4: Assessment of Current and Future Needs Using the data gathered in Task 3 and the input provided by the stakeholder and public engagement phase of the project, Kimley-Horn and the PMT will build on the inventory to develop a list of transportation needs for the City of Milton. These needs will cross multiple modes including vehicular, transit, bicycle, pedestrian, and equestrian modes. Kimley-Horn will conduct the following evaluations:  Creation of a 2040 No-Build Travel Demand Model that includes 2040 socioeconomic data and the 2015 roadway/transit network with any additional projects that are programmed in the current Transportation Improvement Program (such as the Windward Parkway at SR 400 interchange) and Deerfield Township DRI improvements. o Socioeconomic projections in the ARC model for the year 2040 will be compared with future developments such as the Cambridge High School full build out and the proposed Deerfield Township DRI to ensure that their population and employment impacts are adequately included.  Review of 2015 and 2040 ARC TDM results as well as NAVTEQ data to determine where existing and future corridor congestion is most prevalent. Consideration will be given to these corridors specifically as well as possible new roadway connections that can provide better connectivity in and around the City.  Modeling of new projects and roadway network in southeast area of City will be provided and will include at a minimum the SR 9 widening, SR 9 and Bethany Bend realignment (likely to have negligible impact in model and should only be included in a final scenario if needed), proposed McGinnis Ferry interchange, and possible extension of Webb Road.  Review of crash data and the 2040 ARC TDM to determine where operational improvements can be made.  Evaluation of possible bicycle and pedestrian projects. Pedestrian projects will be focused primarily in the activity centers and possibly around schools and parks where the amount of walking is likely to be the greatest. Criteria for the City to use in prioritization of these types of projects will be included.  Comparison of bus routes with Equitable Target Area (ETA) communities and activity centers to ensure that bus service is being maximized within the City.  Consideration of longer-term rail transit projects in light of the future SR 400 rail expansion. Tasks 3 and 4 will be coordinated with the first round of public meetings, community events, and MetroQuest survey. Informed with the first round of public engagement, Kimley-Horn will work with the PMT to develop the list of needs and possible projects and policies, as well as evaluation criteria that will be used to assess possible projects and to eventually prioritize them. These criteria will reflect the vision and goals developed early in the plan as well as performance guidance set by ARC and GDOT for the selection of projects for federal and state funds. The criteria can be vetted with the Stakeholder Committee before proceeding. Following the completion of Tasks 3 and 4, Kimley-Horn will summarize the results in a report. As much as possible, maps, tables, and charts will be used, and narrative will be limited to discussion of the most salient topics. TAS K 5: Recommendations Kimley-Horn will compile a list of possible transportation projects and map them in GIS. Using the evaluation criteria developed in Task 4, we will assess each of the projects by mode taking into consideration the scale of the projects, the type of benefit provided to the local or regional community, the correlation of each project with the City’s strategic plans and land use patterns, and overall feasibility and constructability. Top performing projects will be advanced for a planning-level costing phase before final prioritization. Intersection improvement projects will be considered at a planning level initially and assessed using high-level evaluation criteria to determine which intersections might benefit best from further operational analysis. The top candidate intersections (no more than eight (8) to ten (10) intersections) will be evaluated using Synchro to determine what improvements can be considered to relieve bottlenecks. The TDM will be used to develop future grow th rates used in the intersection analysis. Other project recommendations may include:  Capacity projects such as road widenings (expected to be few and primarily on the outskirts of the City) and new location/ connection projects  Transit recommendations including rerouting of buses, new routes, and potential for transit-oriented development (TOD)  Resource protection and maintenance projects including safety, asset management, access management, ITS/ATMS corridors and signals, and transportation demand management projects  Complete Streets, bicycle/pedestrian, and Safe Routes to School projects Kimley-Horn will work with the P MT to determine the most important projects for more detailed concept level development. The number of concepts will depend on the size and complexity of the top projects. For larger projects, partial corridor (segment) renderings can be developed to gain an understanding of scale, impact, and aesthetics without having to design the entire corridor. A few of the intersections evaluated in Synchro would be good candidates for conceptual renderings also. The evaluation process provides a baseline for a final list of projects; it is imperative that the PMT be involved after the preliminary project evaluation to help determine which of the higher scoring projects also are feasible from a political and public support standpoint. To be a meaningful project list focused on implementation, the aspirations projects must be prioritized into tiers based on funding availability and timing. To develop a funding program, the Kimley-Horn team will:  Work with staff to understand City spending on transportation in the capital improvement program  Assess historic regional, state, and federal annual spending levels in the City of Milton  Conduct meetings with ARC and GDOT to discuss projected funding levels in the future  Determine tiering thresholds for both short-term and long-term spending as well as money that is expected, a stretch goal given new funding, and all remaining projects that qualify as aspirations Before going to the stakeholders and public, Kimley-Horn and City staff will develop a draft list of projects constrained by funding tier and by timeframe (short- versus long-term). Additionally, draft policy and program recommendations will be developed that may include:  Access management (building upon the previous Access Management pilot study if needed)  Complete Streets  Transit and TOD  Future coordinated land use and transportation planning The second round of public meetings, community events, and MetroQuest survey will happen following the development of the draft recommendations. Input from the public and City Council will shape the project prioritization process. In addition to the tiered list of projects and recommended policies, Kimley-Horn will work with the PMT to develop a 5-year action plan for implementation, giving staff clear direction to help ensure that projects continue to advance after the CTP update is complete. The recommendations phase will culminate in a final report that relies more heavily on graphics than large amounts of narrative documentation. This report will be posted to the project website in a reader-friendly format with a summary document meant for a high-level overview of the plan. EXHIBIT “B” RESPONSE TO QUALIFICATIONS/FEE SCHEDULE EXHIBIT “C” INSURANCE CERTIFICATE EXHIBIT “D” 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 _________________________________ Date of Authorization Kimley-Horn and Associates, Inc. Name of Contractor Milton Comprehensive Transportation Plan Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ EXHIBIT “E” 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 Kimley-Horn and Associates, Inc. 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: ________________________________ eVerify Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor Milton Comprehensive Transportation Plan Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires:______________________ -4 HOME OF ' 0 N' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 28, 2015 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and McIntyre Corporation for the Fence Demolition, Repair and Installation at Providence Park. MEETING DATE: Monday, August 3, 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: y YES O NO CITY ATTORNEY REVIEW REQUIRED: OYES () NO APPROVAL BY CITY ATTORNEY (XAPPROVED (j NOT APPROVED PLACED ON AGENDA FOR: tb 0 3 I S - REMARKS ® 'I# Yount _ * * * PHONE: 678.242.2500 FAX: 678.2422499 Green a ; cettie�* Top 100 infoQcityofmiltonga.us I www.cifyofmilfonga.us ,1 �i�IIAH Community Echic, 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 'a` Page 1 of 2 To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on July 28, 2015 for the August 3, 2015 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and McIntyre Corporation for the Fence Demolition, Repair and Installation at Providence Park. ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of a Construction Services Agreement between the City of Milton and McIntyre Corporation for the Fence Demolition, Repair and Installation at Providence Park. Executive Summary: When the City acquired Providence Park, an assessment was conducted on the condition of the facilities. It was determined that the chain link fencing around the former granite quarry was in need of repair. Also, there is fencing that no longer serves a useful purpose that needs to be removed. Finally, the Risk Management Department is requiring a fence to prevent people from walking off of a stone wall. This contract will address all of these issues. Funding and Fiscal Impact: The City received three bids for this project. The lowest bid could not meet Milton’s insurance requirements (no workers compensation). The third bid was more than two times higher than the accepted bid of $13,334.45. The fee of $13,334.45 is within the budgeted price that was planned for in the FY15 budget. This will be paid with available funds from the Providence Park line item in the FY15 Capital budget. Alternatives: This work must be completed to allow the park to open. The only alternative is to delay the project and find additional bidders. Page 2 of 2 Legal Review: Paul Higbee – Jarrard & Davis (July 24, 2015) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): 1) Construction Services Agreement Contract HOME OF' MILTON'*t LSTABLISI ILC) 2006 CONSTRUCTION SERVICES AGREEMENT FOR FENCE DEMOLITION, REPAIR AND INSTALLATION AT PROVIDENCE PARK This Agreement (the "Agreement") to provide removal of unneeded fencing, repair of existing fencing and installation of new fencing 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"), McIntyre Corporation, dba McIntyre Fencing, a Georgia corporation with its principal place of business located at 2047 Locust Grove Road, Griffin, GA 30223 (hereinafter referred to as the "Contractor"). WITNESSETH: WHEREAS, the City issued an Invitation to Bid for the Fence Demolition, Repair and Installation at Providence Park; and WHEREAS, based upon Contractor's bid to repair or demolish each identified section of fencing and construct a new fence 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. Scope of Work (3 Pages), attached hereto as Exhibit "A"; C. Bid from Contractor dated July 8, 2015 (2 Pages), attached hereto as Exhibit "B"; D. Non -collusion Affidavit of Prime Proposer, attached hereto as Exhibit "C", E. Contractor Affidavit and Agreement, attached hereto as Exhibit "D"; F. Subcontractor Affidavit, attached hereto as Exhibit "E"; G. Final Affidavit, attached hereto as Exhibit "F", 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 removal of unnecessary fencing and related debris, the repair of the existing fencing around the former granite quarry and the installation of a new four board fence between the existing lodge and the rock wall, to serve as a barrier that prevents people from going over the wall and falling. Section 3 The Work The Work is specified and indicated in the Contract Documents (the "Work"). In the event of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as determined by the City in its sole discretion, shall govern. The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 4 Contract Time This Contract shall take effect on . Contractor agrees to complete the Project within 30 calendar days from the date of Notice to Proceed. Every effort will be made by Contractor to shorten this period. Section 5 Contractor's Compensation; Time and Method of Payment A. The total amount paid under this Agreement shall not, in any case, exceed $13,334.45, 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 2 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. 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. City and Contractor shall comply with the provisions of O.C.G.A. § 13-10-80. The Contractor through each invoice may request payment of no more than ninety percent (90%) of that portion of the Work completed during the term covered by such invoice until fifty percent (50%) of the Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City. Payment for the remaining ten percent (10%) of Work completed and covered by such invoices shall be retained by the City until Final Completion. Once fifty percent (50%) of the Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City, no additional retainage shall be withheld, except as provided below. At the discretion of the City and with the written approval of the Contractor, the retainage of each subcontractor may be released separately as the subcontractor completes his or her work. If, after discontinuing the retention, the City determines that the Work is unsatisfactory or has fallen behind schedule, retention may be resumed at the previous level. If retention is resumed by the City, the Contractor and subcontractors shall be entitled to resume withholding retainage accordingly. At Final Completion of the Work and as the City determines the Work to be reasonably satisfactory, the City shall, within 30 days after the invoice and other appropriate documentation as may be required by the Contract Documents are provided to the City, pay the retainage to the Contractor. If at that time there are any remaining incomplete minor items, an amount equal to 200 percent of the value of each item as determined by the City shall be withheld until such item or items are completed. The reduced retainage shall be shared by the Contractor and subcontractors as their interests may appear. The Contractor shall, within ten (10) days from its receipt of retainage from the City, pass through payments to subcontractors and shall reduce each subcontractor's retainage in the same manner as the Contractor's retainage is reduced by the City; provided, however, that the value of each subcontractor's work complete and in place equals fifty percent (50%) of his or her subcontract 3 value, including approved change orders and other additions to the subcontract value, provided, further, that the work of the subcontractor is proceeding satisfactorily and the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the Contractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. The subcontractor shall, within ten (10) days from the subcontractor's receipt of retainage from the Contractor, pass through payments to lower tier subcontractors and shall reduce each lower tier subcontractor's retainage in the same manner as the subcontractor's retainage is reduced by the Contractor; provided, however, that the value of each lower tier subcontractor's work complete and in place equals fifty percent (50%) of his or her subcontract value, including approved change orders and other additions to the subcontract value; provided, further, that the work of the lower tier subcontractor is proceeding satisfactorily and the lower tier subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the subcontractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. Neither final payment nor any retained percentage shall become due until the Contractor submits to the City: (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or City property might be responsible or encumbered (less amounts withheld by City) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance, required by the Contract Documents to remain in force after final payment, is currently in effect and will not be canceled or allowed to expire until at least 30 calendar days prior written notice has been given to the City; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) consent of surety, if any, to final payment; (5) a release or waiver of liens, claims, security interests, and encumbrances by all subcontractors and material suppliers; and (6), if required by the City, other data establishing payment or satisfaction of obligations, such as receipts, to the extent and in such form as may be designated by the City. If a subcontractor or material supplier refuses to furnish a release or waiver as required by the City, the Contractor may furnish a bond satisfactory to the City to indemnify the City against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the City all money that the City may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. Acceptance of final payment by the Contractor, a subcontractor or material supplier shall constitute a waiver of claims by that payee, except those claims previously made in writing and identified by that payee as unsettled at the time of final application for payment. M C. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through change orders or construction change directives as described in Section 6 below. All invoices should be submitted to the City's Budget and Procurement Coordinator, for approval. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City. No payments will be made for unauthorized work. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand - delivered. D. 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. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. 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 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. 2 F. Contractor's Reliance of Submissions by the City Contractor must have timely information and input from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor's Representative Mrs. Linda McIntyre shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. I. Responsibility of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out 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. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this 7 provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee 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 permits, 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 8 express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain limits no less than: (a) Comprehensive General Liability of $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; X automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, 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 (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 10 (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. (iv) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(I) of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. (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. 11 L. Employment of Unauthorized Aliens Prohibited (1) E -Verify Affidavits It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "E" and "P that it and Contractor's subcontractors have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. 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 its 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 order the Contractor to terminate or require its subcontractor to terminate that person's employment immediately and to report same to the Department of Homeland Security. The Contractor's failure to terminate the employee, or otherwise 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. Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. Contractor agrees that, in the event the Contractor employs or contracts with any subcontractor(s) in connection with this Agreement, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. 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 12 attached as Exhibit "E." 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 City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. N. Conflicts 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. 13 O. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require 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 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. 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. R. 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. 14 S. 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 termination of the contract. Section 8 Covenants of the City A. Right of Entry The City shall provide for right of entry for Contractor and all necessary equipment along the Bethany Bend Road right-of-way, in order for Contractor to complete the Work. B. City's Representative Jim Cregge shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative Section 9 Warranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final Completion of the Project at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion 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 terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of a termination for convenience, Contractor shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third -parties unless otherwise instructed by the City. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, the City shall pay Contractor for work performed to date in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. 15 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 make 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 terms 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 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 Miscellaneous A. Com lep to 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 16 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 communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, 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: McIntyre Fencing Attn: Mrs. Linda McIntyre 2047 Locust Grove Road Griffin, GA 30223 F. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. G. Force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. 17 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 11(I) in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON FOLLOWING PAGE] 18 SIGNED, SEALED, AND DELIVERED In the presence of: Witness (Corporate Secretary should attest) Print Name Notary Public [NOTARY SEAL] My Commission Expires: SIGNED, S)EALED, AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: McIntyre Corporation Signature Print Name Title [AFFIX CORPORATE SEAL] MILTON CITY COUNCIL: Joe Lockwood, Mayor LLQ [CITY SEAL] EXHIBIT "A" SCOPE OF WORK Providence Park Fence Proiect The work consists of the demolition of unnecessary fencing, repair and installation of new fencing. The existing fencing has been labeled with numbers to identify the work that is to be performed in that section. Repairs: In all cases of repair, the repair must start at a section of fencing that is in good and functional condition. The repair must extend beyond the damaged section to the first section of fence that is in good and functional condition. There are many situations where the designation of "repair a (post, rail, fabric)" may require a replacement of the item in need of repair. Replacement with a new item instead of repairing an existing item is acceptable. Demolition: Any fencing that is designated for demolition means that the fence fabric and all poles must be taken down, hauled off the site and discarded off site in an environmentally responsible manner. Any holes created by the removal of posts must be filled in with surrounding soil to prevent a hazard while walking. Installation: The new fencing to be installed must be a four board style fence using 4 x4x8 posts and 2x4 no climb wire. The posts must be chamfered to prevent water accumulation. Barbed Wire: On the fencing that surrounds the granite pit, all of the barbed wire is to be removed, hauled off the site and disposed of in an environmentally responsible manner. The barbed wire hangers are to be physically cut below the hanging point of the lowest layer of barbed wire, but above the point that the hanger sits on top of the post. The goal is to use the base of the barbed wire hanger as a post cap to keep the top rail secured to the top of the fence. If the barbed wire hanger is not cut properly, it will be the contractor's responsibility to provide and install, at no extra charge, a post cap with loop on it that will secure the top rail to the vertical post. Measurement Approximation: All measurements of fencing to be repaired, demolished or installed detailed in this document are to be considered approximations. The actual dimensions are to be determined in the field upon performance of the work. Any significant measurement error will not result in an additional fee as the contractor has physically already seen the work as part of the bid process. Fence Fabric: It is acknowledged that there is multiple varieties of fence fabric in use. In all cases of fabric repair, the contractor shall match the existing fabric for the section being repaired. Item #1: Modify the front gates such that they swing properly and do not drag on the road. Also, install into the ground on both sides of the road a latch mechanism that will secure the gates in an opened position and prevent the gates from swinging into the road and potentially damaging a vehicle. Item #2: Remove all fencing surrounding the existing maintenance building Item #3: Remove all barbed wire on the fence surrounding the granite pit as described earlier in this document. Item #4: Repair approximately 40' of top rail, loop caps and fence fabric as needed. Item #5: Repair approximately 40' of top rail and fence fabric as needed. Item #6: Repair the post, top rail and fence fabric as needed. Item #7: Repair the top rail and fence fabric as needed. Item #8: Repair the top rail and fence fabric as needed. Item #9: Repair approximately 30' of top rail and fence fabric as needed. Item #10: Remove the Double Gates and re -use them at item #16. Remove the existing fencing on both sides of the double gates. Item #11: Remove approximately 80' of existing fence and one gate. Also, in the vicinity of this fencing, there is silt fencing and silt fencing hangars that are in the way of the path. This is to be removed as well. Item #12: Repair multiple vertical posts which are not standing straight. Item #13: Repair multiple holes in the fence fabric. Item #14: Repair the corner of the fence. Re -install the top rail. Item #15: Repair approximately 20' of top rail. Item #16: Repair approximately 10' of top rail, remove existing gates and discard, take the existing gates removed under Item #10 and rehang them after making the opening larger to accommodate the wider gates. Install posts and fabric material as required. Item #17: Repair approximately 20' of top rail. Item #18: Repair approximately 15' of top rail and fence fabric. Item #19: Repair approximately 30' of top rail, loop caps and fence fabric. Item #20: Repair approximately 20' of top rail. Installation of New Fence: A new 4 board fence will be installed behind the existing lodge as a barrier and in front of the existing stone wall to discourage walking past that point. The fence should be 1" x 6" rough sawn boards, mounted on 4"x4"x8' posts mounted in concrete. There should be 2"x4" woven wire no climb fencing and face plates. The fence shall be stained black. The posts shall be chamfered to prevent rain accumulation. The fence is estimated at approximately 200' in length. EXHIBIT "B" BID FROM CONTRACTOR McIntyre Fencing, Inc. Griffin, GA 30223 I Name/Address I City of Milton 13440 Providence Park Dr. Milton, Ga 30004 Ship To City of Milton 13440 Providence Park Dr. Milton, GA 30004 Estimate Date j Estimate # s 7/8/2015 4950 Clayton County: SLBE/MWBE#011581 Terms Rep Project Clayton County Water Auth. # Due Upon C... MM i Repairs and Removal SLBE-1410-28 Item Description Qty Rate I Total I Repair t 1) Repair gate so that it will not hit ground. Take Dow... j 2) Take Down and Haul off 450' of 8' Fencing. Take Dow... 3)Take Down approximately 1276' of Barbwire. Cut off barb arms. Haul off. Repair ! 4) Repair 40' of 1-5/8" SS20 Top Rail and replace 3- 2-1/2" Loop Caps Repair 5) Repair Repair 6) Straighten up post Repair 7) and 8) Repair top rail Repair 9) Fix and replace 25' of Top Rail Take Dow... 10) Take Down 2- 20' Double Drive Gates. Take Dow... 11) Take down 80' of existing fence and 1 gate. Repair ; 12) Straighten up a couple of 2-1/2" Post. Repair ! 13) Repair hole in wire with 9g Black fencing. Repair 14) Fix Corner of fence. Put top rail back in place. Repair ;I 15) Fix 2P ofTop Rail. Repair i 16) Repair top rail. Make Gate Opening 12' Double Drive. Use gate from #10 here. Repair 17) Repair 1-5/8" Top Rail. Replace 18) Replace 15' of 6'9g Black KT Wire. Repair ! 19) Repair 30' of 9g Black wire, Top Rail, and a 2-1/2" Loop Cap. Repair 20) Repair top Rail. Total Price Total Price I I i 10,462.00 I 10,462.00 i Prices are subject to chance related to the following circumstances, if not stated above: Price increase in Total $10,462.00 steel / materials, anv night / weekend shift, clearing, any unforeseen core drilling, steel) or wet terrain. Padlocks/Gatelocles are not included in the total unless otherwise stated. Phone # Fax # 770-227-2009 770-412-0777 Signature McIntyre Fencing, Inc. Griffin, GA 30223 Name / Address City of Milton 13440 Providence Park Dr. Milton, Ga 30004 Ship To i City of Milton 13440 Providence Park Dr. j Milton, GA 30004 Estimate Date i Estimate # 17/8/2015 1 4951 Clayton County: SLBE/MWBE#011581 Terms I Rep Project Clayton County Water Auth. # SLBE-1410-28 Due Upon C... MM 4 Rail fence Item Description Qty Rate ( Total Install Install Approximately 203' of 4'4 Rail Wood Fence Capped and With 4x4x8 Post 203 10.50 2,131.50 and 2x4 no climb wire attached. All Post Are Cemented 2' In The Ground and We I. Use Hot Dipped Galvanized Rust Free Nails. Staining j Stain Fence Black. 203 3.65 740.95 Prices are subject to chanee related to the followine circumstances, if not stated above: Price increase in steel / materials, anv nicht / weekend shift, clearing, anv unforeseen core drilling, steep or wet terrain. TOtaI Padlocks/Gatelocks are not included in the total unless otherwise stated. Phone # i Fax # -- Signature 770-227-20091 770-412-0777 $2,872.45 EXHIBIT "C" NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER STATE OF GEORGIA CITY OF MILTON being first duly sworn, deposes and says that: (1) He is (Owner, Partner, Officer, Representative, or Agent) of McIntyre Corporation (the "Proposer") that has submitted the attached Proposal; (2) He is fully informed respecting their preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; (3) Such Proposal is genuine and is not a collusive of sham Proposal; (4) Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Proposer, firm or person to submit a collusive or sham Proposal in connection with the Contract for which the attached Proposal has been submitted to or refrain from proposing in connection with such Contract, or has in any collusion or communication or conference with any other Proposer, firm or person to fix the price or prices in the attached Proposal or of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached 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. § 36-91-2l(d). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF , 20 Notary Public My Commission Expires Date (SEAL) EXHIBIT "D" 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: Federal Work Authorization User Identification Number Date of Authorization McIntyre Corporation. Name of Contractor Providence Park Fencing Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , _, 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,201_. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: EXHIBIT "E" 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 McIntyre Corporation 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: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Providence Park Fencing Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: EXHIBIT "F" FINAL AFFIDAVIT TO CITY OF MILTON, GEORGIA I, , hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by McIntyre Corporation or any of its subcontractors in connection with the Fence Demolition, Repair and Installation at Providence Park 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 McIntyre Construction 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 HOME OF ` ESTAI�I.ISFIE D2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 23, 2015 FROM: City Manager AGENDA ITEM: Consideration of RZ15-16 — To Amend Private Swimming Pool Standards for Detached Dwellings. [Sec. 64-1069(b)]. MEETING DATE: Monday, August 3, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER.' XAPPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. YES () NO CITY ATTORNEY REVIEW REQUIRED. YES () NO APPROVAL BY CITY ATTORNEY PAPPROVED {) NOT APPROVED PLACED ON AGENDA FOR: REMARKS �/ �! /� Gar,.r, �Q.P mo o, rices �. o.✓ .S. © your *** PHONE: 678.242.25001 FAX: 678.242.2499 Green '►' Ceruiicd* infoftityofmiltonga.us I www.cityotmiltonga.us Community 41 Ev 13000 Deerfield Parkway, Suite 107 Milton GA 30004 �''a`` Page 1 of 2 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted July 28, 2015, for the August 17, 2015 Regular Meeting, August 3, 2015 for First Presentation (Work Session, August 10, 2015). Re: Consideration of RZ15-16 – Chapter 64-1609(b), Swimming Pool, Private to Amend Standards for Private Swimming Pools. Consideration of RZ15-17 – To create a definition for “barrier” in definitions (Sec. 64-1) Department Recommendation: The Community Development Department recommends approval of the text amendment as discussed below. Executive Summary: In text amendment RZ15-16, a maximum distance from the waters’ edge has been proposed from 150 feet to 20 feet and updating references to various building codes. Secondly, a definition has been provided in text amendment RZ15-17 in an effort to provide clarity with regards to “Pool Barriers”. These additions/changes will allow the zoning ordinance to function in concert with the intent of the applicable adopted Building Codes. At its July 22, 2015 Planning Commission Meeting, the Planning Commission recommended by a vote of 4 to 2 to only amend Sec. 64-1609(b) for the proposed date changes to the various building codes. The Commission did not approve Staff’s proposed change of Sec. 64-1609(b)1.b. from 150 feet to 20 feet. It was their opinion that it would not provide the necessary flexibility for property owners to develop their back yards as they desired. Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may choose to amend the proposed text amendments or not to approve it in its entirety. Legal Review: Paul Frickey, Jarrard and Davis – July 2015 Page 2 of 2 Concurrent Review: Vince Hines, Building Official Attachment(s): Proposed text amendments and ordinances for RZ15-16 and RZ15-17. Text Amendment prepared for the City of Mayor and City Council Meeting on August 17, 2015. RZ15-16 7/30/20157/30/20157/29/2015 Sec. 64-1609. - Swimming pool, private. (a) Required districts. All districts except C-1, C-2, M-1, M-1A, M-2. (b) Standards. All swimming pools shall be completely surrounded by a barrier as required by the 2006 2012 International Residential Code, Section AG105 or the 2009 2012 International Building Code, Section 3109. The top of the barrier shall be at least 48 inches above grade measured on the side of the barrier which faces away from the swimming pool to prevent access to the pool by unsupervised children and animals. Pedestrian access gate(s) shall open outward away from the pool and shall be self-closing and have a self-latching device. Pedestrian access gate(s) shall be locked when the pool is not open for use and all surrounding objects or structures must have a separation of five feet from the enclosure to provide an unclimbable space. The enclosure shall be in place prior to pool completion. Materials and construction shall comply when applicable with the regulations administered by the Fulton County Health Department. (1) Detached dwellings. Swimming pools shall be allowed in side and rear yards of single- family dwellings in any district and may also be allowed at the back of the house on a double frontage single-family residential lot as approved by the department. a. Pools, pool equipment, and their decks must be a minimum of ten feet from all property lines, except that when perimeter setbacks are required, for example in NUP and TR zone districts, pools, pool equipment, and decks cannot be located in perimeter setbacks. b. Barrier shall not be located more than 150 20 feet from the water's edge of the pool. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ15-16 AN ORDINANCE TO AMEND SECTION 64-1609(b), SWIMMING POOL, PRIVATE TO AMEND STANDARDS FOR PRIVATE SWIMMING POOLS, DETACHED DWELLINGS, IN THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on August 17, 2015 6:00 p.m. as follows: SECTION 1. That the amendment of Section 64-1609 (b) of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 17th day of August, 2015 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) 0 HOME OF ' MILTON11P ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 23, 2015 FROM: City Manager AGENDA ITEM: Consideration of RZ15-17 — To Create a Definition for "Barrier' in Definitions. (Sec. 64-1). MEETING DATE: Monday, August 3, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: XAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES O NO CITY ATTORNEY REVIEW REQUIRED: YES (} NO APPROVAL BY CITYATTORNEY K APPROVED PLACED ON AGENDA FOR: 0 80 3{ S REMARKS () NOT APPROVED �.— ���D,sJ �- 4� .r��r, �'�,! Int � �/�..•_----- - � � ...�.. © You(n PHONE: 678.242.25001 FAX: 578.242.2499 "Green �9 *Certified* T°yf00 info@cifyofmilfonga.us j www.cifyofmiltonga.us Community 4 E;h;�S i 13000 Deerfield Parkway, Suite 107 Milton GA 30004 �1''e�` Page 1 of 2 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted July 28, 2015, for the August 17, 2015 Regular Meeting, August 3, 2015 for First Presentation (Work Session, August 10, 2015). Re: Consideration of RZ15-16 – Chapter 64-1609(b), Swimming Pool, Private to Amend Standards for Private Swimming Pools. Consideration of RZ15-17 – To create a definition for “barrier” in definitions (Sec. 64-1) Department Recommendation: The Community Development Department recommends approval of the text amendment as discussed below. Executive Summary: In text amendment RZ15-16, a maximum distance from the waters’ edge has been proposed from 150 feet to 20 feet and updating references to various building codes. Secondly, a definition has been provided in text amendment RZ15-17 in an effort to provide clarity with regards to “Pool Barriers”. These additions/changes will allow the zoning ordinance to function in concert with the intent of the applicable adopted Building Codes. At its July 22, 2015 Planning Commission Meeting, the Planning Commission recommended by a vote of 4 to 2 to only amend Sec. 64-1609(b) for the proposed date changes to the various building codes. The Commission did not approve Staff’s proposed change of Sec. 64-1609(b)1.b. from 150 feet to 20 feet. It was their opinion that it would not provide the necessary flexibility for property owners to develop their back yards as they desired. Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may choose to amend the proposed text amendments or not to approve it in its entirety. Legal Review: Paul Frickey, Jarrard and Davis – July 2015 Page 2 of 2 Concurrent Review: Vince Hines, Building Official Attachment(s): Proposed text amendments and ordinances for RZ15-16 and RZ15-17. Text Amendment prepared for the City of Milton Mayor and City Council Meeting on August 17, 2015. RZ15-17 7/30/2015 Sec. 64-1 Definitions Barrier means a fence, dwelling wall, or non-dwelling wall, or any combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ15-17 AN ORDINANCE TO SECTION 64-1, DEFINITIONS. TO CREATE A DEFINITION FOR “BARRIER” IN THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on August 17, 2015 6:00 p.m. as follows: SECTION 1. That the creation of the definition for “barrier” in Section 64-1 of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 17th day of August, 2015. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk HOME OF'T�E BFST :QUAL IY OF LIEF IN GEORGIA' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 23, 2015 FROM: City Manager AGENDA ITEM: Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Fix the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2015; and for Other Purposes. MEETING DATE: Monday, August 3, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: �APPROVED CITY ATTORNEY APPROVAL REQUIRED: Ik YES CITY ATTORNEY REVIEW REQUIRED: 'V\ YES APPROVAL BY CITYATTORNEYj() APPROVE[ PLACED ON AGENDA FOR: 0a IO`3 REMARKS (} NOT APPROVED {) NO () NO {) NOT APPROVED 30 YOM *** PHONE: 678.242.2500 FAX: 678.242.2499 `Green 1w * ccrrffj., + T�p:700 info@cityofmiltonga.us I www.cityofmiltonga.us u Community 4 Eihicsr 1 13000 Deerfield Parkway, Suite 107 j Milton GA 30004 " ""' ''U4P Page 1 of 1 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on June 26, 2015 for the July 6, July 20 and August 3, 2015 Regular Council Meetings Agenda Item: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Establish the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2015; and for Other Purposes. ____________________________________________________________________________________ Department Recommendation: Adopt the ordinance as presented to establish the ad valorem tax rate of the City of Milton for the 2015 fiscal year. Executive Summary: The Taxpayers Bill of Rights, in effect since 2000, requires the City to advertise a property tax increase if the millage rate is not fully rolled back to offset inflationary reassessments to existing property values. The impact of the reassessments this past year resulted in a property tax increase of 5.48%. When coupled with the upsurge in the digest for newly improved properties, the overall taxes levied will be 6.5% higher than 2014. The FY2015 Budget anticipated a millage rate of 4.731 mills, which is the same millage rate the City of Milton Charter permits and is the same rate accessed in all eight years of the City’s incorporation. Three public hearings will be held to allow the public the opportunity to provide their input. The first public hearing will be held on July 6th, where the first presentation of the Ordinance to establish the millage rate will also be sounded. The second public hearing will be held on July 2 0th. The final public hearing will be held on August 3rd, where the Ordinance will also be considered for adoption. Funding and Fiscal Impact: The property tax revenues were estimated to be $8,670,500 in the fiscal year 2015 budget. The total amount of property taxes to be levied, excluding motor vehicle tax, is roughly $10.2 million. To meet the budget estimates, the collection rate will have to exceed 85%. Given that the collection rate over the past three years has been around 95%, we shouldn’t have a problem meeting the projected budget numbers. Alternatives: None. Legal Review: Not required. Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Advertisement - Current 2015 Tax Digest and Five Year History of Levy Page 1 of 2 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ESTABLISH THE AD VALOREM TAX RATE OF THE CITY OF MILTON FOR FISCAL YEAR 2015; AND FOR OTHER PURPOSES WHEREAS, the Charter of the City of Milton, Georgia authorizes the City to levy and provide for the assessment of ad valorem property taxes on all property subject to taxation; and WHEREAS, the Charter of the City of Milton, Georgia provides that the valuation of all property subject to taxation by the City shall be determined according to the tax digest prepared by the Fulton County Board of Tax Assessors; and WHEREAS, the Mayor and City Council, after hearing and after duly considering all such relevant evidence, testimony and public comments, has determined that it is in the best interests of, and necessary to meet the expenses and obligations of, the City of Milton, Georgia to set a levy in the amount of $4.731 on each $1,000.00 of taxable value for all property subject to ad valorem taxation by the City; now BE IT ORDAINED by the Mayor and City Council of the City of Milton, Georgia as follows: SECTION I: The ad valorem tax rate for the City of Milton, Georgia for the 2015 fiscal year, on property subject to ad valorem taxation by the City is hereby fixed at $4.731 on forty percent (40%) of each $1,000.00 of property subject to ad valorem tax by the City. SECTION II: Said rate of $4.731 on forty percent (40%) of each $1,000.00 of taxable property is hereby levied for General Government purposes. SECTION III: All ordinances and parts of ordinances in conflict herewith are hereby repealed. Page 2 of 2 ORDAINED this the ____day of ________, 2015. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (SEAL) Incorporated City of Milton Real & Personal 2,053,385,022 1,976,153,262 2,002,141,290 1,991,826,430 2,156,608,276 2,332,989,792 Motor Vehicle 101,093,870 104,790,450 116,670,630 125,271,430 110,057,590 80,438,520 Mobile Homes 0 0 0 0 0 0 Timber – 100%0 0 0 0 0 0 Heavy Duty Equipment 6,584 6,584 0 0 0 0 Gross Digest 2,154,485,476 2,080,950,296 2,118,811,920 2,117,097,860 2,266,665,866 2,413,428,312 Less M & O Exemptions 158,169,430 163,889,783 161,283,460 162,615,270 154,175,700 174,457,350 Net M & O Digest 1,996,316,046 1,917,060,513 1,957,528,460 1,954,482,590 2,112,490,166 2,238,970,962 Gross M & O Millage Rate 4.731 4.731 4.731 4.731 4.731 4.731 Less Millage Rate Rollbacks 0 0 0 0 0 0 Net M & O Millage Rate 4.731 4.731 4.731 4.731 4.731 4.731 Net Taxes Levied 9,444,571 9,069,613 9,261,067 9,246,657 9,994,191 10,592,572 Net Taxes $ Increase (508,802)(374,958)191,454 (14,410)747,534 598,381 Net Taxes % Increase -5.1%-4.0%2.1%-0.2%8.1%6.5% CITY OF MILTON NOTICE The City of Milton does hereby announce that the millage rate will be set at a meeting to be held at City Hall Council Chambers, 13000 Deerfield Pkwy, Suite 107E, Milton, Georgia on August 3, 2015 at 6:00 PM and pursuant to the requirements of O.C.G.A § 48-5-32 does hereby publish the following presentation of the current year’s tax digest and levy, along with the history of the tax digest and levy for the past five years. Current 2015 Tax Digest and Five Year History of Levy 2010 2011 2012 2013 20152014 2015 Property Tax Public Hearing Public Notice •1st Public Hearing – July 6th 6:00 PM •2nd Public Hearing – July 20th 6:00 PM •3rd Public Hearing and Adoption of Millage Rate – August 3rd 6:00 PM •Tax bills projected to be mailed September 1st •Taxes due October 31st Public Notice •Total Tax Digest = $2,238,970,962 •Total Taxes Levied = $10,592,572 –Property Taxes = $10,212,017 –Motor Vehicle Taxes = $380,555 •Property Tax Increase –Increase of 5.48% Due to Reassessments –Millage Rate = 4.731 mills