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HomeMy WebLinkAboutAgenda Packet CC - 02/04/2019 - City Council Meeting Agenda Packet 2006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. Joe Lockwood, Mayor CITY COUNCIL Peyton Jamison Matt Kunz Laura Bentley Carol Cookerly Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Monday, February 4, 2019 Regular Council Meeting Agenda 6:00 PM INVOCATION – Sean Curry, Associate Student Director, Stonecreek Church, Milton, Georgia 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 19-017) 5) PUBLIC COMMENT (General) 6) CONSENT AGENDA 1. Approval of a Construction Services Agreement between the City of Milton and CMES, Inc. for the Northeast Crabapple Connector Project. (Agenda Item No. 19-018) (Sara Leaders, Interim Public Works Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 4, 2019 Page 2 of 2 2. Approval of a Construction Services Agreement between the City of Milton and CMES, Inc. for the Birmingham Road Culvert Project. (Agenda Item No. 19-019) (Sara Leaders, Interim Public Works Director) 7) REPORTS AND PRESENTATIONS (None) 8) FIRST PRESENTATION (None) 9) PUBLIC HEARING (None) 10) ZONING AGENDA (None) 11) UNFINISHED BUSINESS 1. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt an Amendment to the Fiscal 2019 Budget for the Purchase of Two Fire Department Apparatus. (Agenda Item No. 19-011) (Bernadette Harvill, Finance Director) (First Presentation and Public Hearing at January 23, 2019 City Council Meeting) 12) NEW BUSINESS (None) 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Public Works 2. Parks and Recreation 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 19-020) TO: FROM: MILTON111r ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 29, 2019 Steven Krokoff, City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and CMES, Inc. for the Northeast Crabapple Connector Project. MEETING DATE: Monday, February 4, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (_APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ()IYES () NO CITY ATTORNEY REVIEW REQUIRED: (,IVES () NO APPROVAL BY CITY ATTORNEY: (�IAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 021 cq )201°1 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Matthew Fallstrom, Capital Projects Manager Date: Submitted on January 29th, 2019 for the February 4th, 2019 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and CMES Inc. for the Northeast Crabapple Connector Project _____________________________________________________________________________________ Project Description: The work to be completed under this agreement includes. A general description of the Project is as follows: Constructing the NE Crabapple Connector Roadway. Includes Grading, Asphalt Paving, Storm Drain Installation, Sidewalks, and Landscaping. Procurement Summary: Purchasing method used: Bid Award-ITB (Over $50,000) Account Number: 335-4101-541400003 Requisition Total: $ 2,342,208.50 Vendor DBA: CMES Inc. Other quotes or bids submitted (vendor/$): Vendor/Firm Quote/Bid Baldwin Paving $2,426,404.73 CW Matthews $2,444,669.55 Financial Review: Bernadette Harvill, January 29, 2019 Legal Review: Sam VanVolkenburgh, January 15, 2019 Attachment(s): Construction Services Agreement HOME OF' � LTO N ESTABLISIIED AM CONSTRUCTION SERVICES AGREEMENT Northeast Crabapple Connector Project This Construction Services Agreement (the "Agreement") is made and entered into this _ day of , 20_ (the "Effective Date"). by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Milton City Council (hereinafter referred to as the "City"), and CMES, Inc., a Georgia Corporation (hereinafter referred to as the "Contractor"), collectively referred to herein as the "Parties"". WITNESSETH: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project, as defined below; and WHEREAS, the City solicited Bids for construction of the Project pursuant to the Request for Bids, dated October 18, 2018, attached hereto as "Exhibit A" and incorporated herein by reference; and WHEREAS, the Contractor submitted a complete and timely bid, attached hereto as "Exhibit B" and incorporated herein by reference, and met all bid requirements such that the City awarded Project Number 19-PWO] to the Contractor; and WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, the Contractor has represented that it is qualified by training and experience to perform the Work; and WHEREAS, based upon Contractor's bid, the City has selected Contractor as the successful bidder. and WHEREAS, Contractor desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work. and Contractor is aware that it must be licensed to do business in the State of Georgia. NOW THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: Section 1. Contract Documents This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the "Contract Documents": A. Request for Bids, attached hereto as "Exhibit A"; B. Bid Documents from Contractor, dated November 15, 2018 attached hereto as "Exhibit B": C. Scope of Work, attached hereto as "Exhibit C": D. Performance Bond. Payment Bond. and Maintenance Bonds. attached hereto collectively as "Exhibits D.1, D.2, and D.Y; E. Noncollusion Affidavit of Prime Bidder, attached hereto as "Exhibit E". F. Final Affidavit, attached hereto as "Exhibit F"; G. Alien Employment affidavits, attached hereto as "Exhibits G.1 and G.2": H. Plans, drawings and specifications, attached hereto collectively as "Exhibit H"; 1. Additional Payment/Retainage Requirements. attached hereto as "Exhibit 1": J. Reserved. K. Reserved. L. Reserved. M. Supplementary Conditions (if issued). attached hereto as "Exhibit M": N. City of Milton Code ol"Ethics (codified in the official Code of the City of Milton): O. The following. which may be delivered or issued after the Effective Date of the 4--1 Agreement and are not attached hereto: All Change Orders (defined in Section 6 bclow), other written amendments, and other documents amending, modifying. or supplementing the Contract Documents if properly adopted in writing and executed by the Parties. MIN A. Project. A general description of the Project is as follows: The construction of a roundabout at the intersection of Charlotte Drive and Mayfield Road and flew alignment roadway extension of Charlotte Drive from Mayfield Road to Birmingham Highway, in accordance with the plans and specifications included herein (the "Project"). A third -party, BM&K, P.C.. has been retained to provide construction inspection services related to this Project. B. Contract Administrator. The Contract Administrator for this Agreement shall be: Matthew Fallstrorn. Capital Projects Manager. Oil behalf of the City. BM&K will provide continuous project inspection, oversight. and administration of the construction and may be delegated the role of Contract Administrator for certain purposes. Section I The Work A. The Work. The Work to be completed under this Agreement (the "Work'") includes, but shall not be limited to, the work- described in the Scope of Work provided in "Exhibit C", attached hereto and incorporated herein by reference. Notwithstanding standing any estimated unit quantities shown in the Bid Schedule of Exhibit "C", which quantities the Parties agree are only estimates, the Contractor shall perform all labor and provide all materials needed to complete the project detailed in the engineering drawings and associated project description incorporated into "Exhibit C" and Exhibit "H". The Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities. transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term "reasonably inferable" takes into consideration the understanding of the Pat -ties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents. In the event of any discrepancy among the terms of the various Contract Documents. the provision most beneficial to the City, as determined by the City in its sole discretion. shall govern. B. Notice to Proceed. The City will issue a Notice to Proceed. which Notice to Proceed shall state the dates for beginning Work and the expected date of final completion. Unless otherwise approved. the Contractor shall perform its obligations under this Agreement as expeditiously as is consistent with reasonable skill and care and the orderly progress of the Work. C. Plans• Drawings and Specifications. The plans, drawings and specifications provided in "Exhibit H", attached hereto, are hereby acknowledged by the Parties and incorporated herein by reference. D. Shop Drawings, Product Data, and Samples. Shop Drawings., Product Data. Samples and similar submittals are not Contract Documents, but Must be in conformity therewith. The purpose of their submittal is to demonstrate, for those portions of the Work for which submittals are required by the Contract Documents, the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. (i) *'Shop Drawings- are drawings, diagrams, schedules and other data specifically prepared for the Work by the Contractor or a subcontractor. sub -subcontractor. manufacturer, supplier or distributor to illustrate some portion of the Work. "Product Data" are illustrations, standard schedules, performance charts. instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. (iii) *'Samples" are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. The Contractor shall review for compliance with the Contract Documents and shall approve and submit to the Contract Administrator Shop Drawings., Product Data. Samples, and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the City or of separate contractors. By approving and submitting Shop Drawings, Product Data, Samples and similar Submittals, the Contractor represent,; that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Contract Administrator without action. The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data. Samples or similar Submittals until the respective submittal has been approved in writing by the Contract Administrator. provided that submittals that are not required by the Contract Documents may be returned without action. The Work shall be completed in accordance with approved Submittals. provided that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Contract Administrator's approval of Shop Drawings, Product Data. Samples or similar Submittals, unless the Contractor has specifically informed the Contract Administrator in writing Of Such deviation at the time of submittal and (1) the Contract Administrator has given written approval to the specific deviation as a minor change in the Work, or (2) a written Change Order has been issued and approved to authorize the deviation. The Contract Administrator's approval of the Shop Drawings, Product Data, Samples or similar submittals shall not relieve the Contractor of responsibility for errors or omissions therein. The Contractor shall, in writing or on resubmitted Shop Drawings, Product Data. Samples or similar submittals, direct the Contract Administrator's attention to any additional revisions included other than those requested by the Contract Administrator on previous submittals. In the absence of such written notice drawing the Conti -act Administrator"s attention to such additional revisions. the Contract Administrator's approval of a resubmission shall not apply to Such additional revisions. The Contractor shall maintain at the Project site(s) one record copy of the Contract Documents in good order and marked currently to record field changes and selections made during construction and one record copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These documents shall be available to the City and Contract Administrator and shall be delivered to the Contract Administrator or City upon completion of the Work. Section 4. Contract Terni; Liquidated Damages; Expedited Completion; Partial Occuoanev or Use A. Contract Term. The term of this Agreement ("Term-) shall commence on the Effective Date and continue until the earlier of (i) completion of and payment for all Work; or (ii) the proper termination and non -renewal of this Agreement (provided that certain obligations, including but not limited to Warranty obligations, will survive term ination/expiration of this Agreement). Contractor warrants and represents that it will perform its Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The Contractor shall commence Work pursuant to this Agreement within 10 days of the notice to proceed provided by tile City, and the Work shall be completed witnin two hundred and eighty (280) calendar days from the notice to proceed. Every effort will be made by Contractor to shorten this period. If the Term of this Agreement continues beyond the City fiscal year (October I — September 30) in which this Agreement is executed, the Parties agree that this Agreement. as required by O.C.G.A. § 36-60- 13. shall terminate absolutely and without further obligation on the part of tile City on September 30 each fiscal year of the Term. and further, that this Agreement shall automatically renew on October I of each subsequent fiscal year absent the City*s provision of written notice oil' non -renewal to Contractor at least five (5) calendar days prior to the end of the then current fiscal year. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by the City. B. Time is of the Essence. Liquidated Damages. Contractor specifically acknowledges that TIME IS OF THE ESSENCE of this Agreement and that City will suffer financial loss if the Work is not completed in accordance with the deadlines specified in Section 4(A) above and within the Contract Documents. The City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City if the Work is not completed within the specified times. Accordingly, instead of requiring any Such proof. the City and Contractor agree that, as liquidated damages for delay (but not as a penalty),, the Contractor shall pay to the City four hundred Q1 and 00/100 Dollars ($45 for each and every calendar day that expires after a deadline provided in the Contract Documents. C. Expediting Completion. The Contractor is accountable for completing the Work within the time period provided in the Contract Documents. If. in thejudgmentof the City. the Work is behind schedule and the rate of placement of work is inadequate to regain scheduled progress to ensure timely completion of the entire Work or a separable portion thereof. the Contractor, when so informed by the City. shall immediately take action to increase the rate of work placement by: (I ) An increase in working forces; (2) An increase in equipment or tools: (3) An increase in hours of work or number of shifts; (4) Expediting delivery of materials; and/or (5) Other action proposed if acceptable to City. Within five (5) calendar days after such notice from City that the Work is behind schedule, the Contractor shall notify the City in writing of the specific measures taken and/or planned to increase the rate of progress. The Contractor shall include an estimate as to the date of scheduled progress recovery. Should the City deem the plan of action inadequate, the Contractor shall take additional steps to make adjustments as necessary to its plan of action until it meets with the City's approval and such approval is provided in writing by the City. D. Partial Occupancy or Use. The City may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement between the City and Contractor,, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete. provided the City and Contractor have accepted in writing the responsibilities assigned to each of them for payments. retainage. if any. security. maintenance. heat. utilities, damage to the Work and Insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. Immediately prior to such partial occupancy or use. the City. Contractor and Contract Administrator shall jointly inspect the area to be occupied, or portion of the Work to be used, in order to determine and record the condition of the Work. Unless othcrwisc agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. Section 5. Contractor's Compensation, Time and Method of Payment A. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case. exceed $2,342,208.05 (the ``Maximum Contract Price-), except as outlined in Section 6 below. Subject to the Maximum Contract Price, the compensation for Work performed shall be based upon actual units of work delivered at the unit prices set forth in Exhibit "B". The Parties agree and acknowledge that the unit quantities set forth in the Bid Schedule are merely estimates, Conti -actor bears the risk that the actual quantities required may be higher, and Contractor shall complete the Project at a price not to exceed the Maximum Contract Price in Exhibit "B-. The units of work set forth in the Bid Schedule are the only types of work and costs that will be compensable tinder this Agreement. Contractor represents that the Maximum Contract Price is Sufficient to perform all of the Work set forth in and contemplated by this Agreement. B. Additional Payment Requirements. Additional payment requirements are included as "Exhibit I", attached hereto and incorporated herein by reference. C. Material Deviations. Any material deviations in tests or inspections performed, or 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 written Change Orders, as described in Section 6 below. Whenever the Contract Administrator considers it necessary or advisable, it shall have authority to require inspection or testing of the Work. However, neither this authority of the Contract Administrator nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Contract Administrator to the Contractor, subcontractors, material and equipment suppliers. their agents or employees. or other persons or entities performing portions of the Work. D. Taxes. The City is a governmental tax-exempt entity and shall not be responsible for paying any taxes on any materials or services provided for herein. At Contractor's request. City shall provide evidence of its tax-exempt status. To the extent. if any. that the City furnishes tangible personal property to Contractor for incorporation into the Project. Contractor shall be responsible for paying the amount of tax owed for such tangible personal property. A. Change Order Defined. A *'Change OrdeC' means a written modification of the Contract Documents, signed by representatives of the City and the Contractor with appropriate authorization. B. Right to Order Changes. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to. or deducting from the Work. All Such changes shall be incorporated in written Change Orders and 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. C. Change Order Requirement. 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. D. Authority to Execute -Change Order. 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 Maximum Contract Price. as set forth in Section 5(A) above. Any such Change Orders materially altering the terms of this Agreement. or g U1, Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50.000.1 must be approved by resolution of the Milton City Council. E. Minor Changes in the Work. The Contract Administrator will have the authority to order minor changes in the Work not involving adjustment in the Maximum Contract Price or extension of the Term and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order signed by the Contract Administrator, The Contractor shall carry out such written orders promptly. If the minor changes subsequently may affect actiustments in the Maximum Contract Price or the Term. the changes shall then be converted to a written Change Order by the requesting Party. Section 7. Covenants of Contractor A. Ethics Code• Conflict of Interest. (i) Contractor agrees that it shall not engage in any activity or conduct that Would result in a violation of the City of Milton Code of Ethics or aliv other similar lmv or regulation. Contractor certifies that to the best of his knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Contractor become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement. Contractor shall immediately notify the City. If the City determines that a conflict of interest exists. the City may require that Contractor take action to remedy the conflict of interest or terminate the Agreement without liability. The City shall have the right to recover any fees paid for services rendered by Contractor when such services were performed while a conflict of interest existed if Contractor had knowledge of the conflict of interest and did not notify the City within five (5) business days of becoming aware of the existence of the conflict of interest. (ii) Contractor and the City acknowledge that it is prohibited for any person to offer, give. or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision., approval, disapproval.. recommendation, or preparation of any . pail of a program requirement or a purchase request, influencing the content of any specification or procurement standard. rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination. claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Contractor or higher tier sub - consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Meetings. The Contractor is required to meet with the Citv*s personnel, or designated representatives, to resolve technical or contractual problems that may Occur during the Term of this Agreement at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City or the Contract Administrator. The Contractor will be given a minimum of three (3) full business 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 failure to make a good faith effort to resolve problem,,;. may result in termination of the contract for cause. 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 Work in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. The Contractor agrees to use its best efforts. judgment. skill. ' Z-- ment. and abilities to perform its obligations and to further the interests of City and the Project in accordance with City's requirements and procedures. and Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. D. Proper Execution by Contractor. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Conti -actor's profession or business and in compliance with all federal. state. and local laws. 1'iL (' I II I C! 6tI t 7" regulations, codes, ordinances, or orders applicable to the Project. including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, and Georgia's Open Records Act (O.C.G.A. § 50-18-70, el seq.). Any additional work or costs incurred as a result of error and/or omission by Contractor as a result of not complying with the Contract Documents or not meeting the applicable standard of care or quality, including but not limited to those of repeated procedures and compensation for the Contract Administrator's services or expenses, will be provided at Contractor"s expense and at no additional cost to the City. This provision shall survive termination of this Agreement. It is the Contractor's responsibility to be reasonably aware of all applicable laws., statutes, ordinances, building codes, and rules and regulations. If the Contractor observes that portions of the Contract Documents are at variance therewith. the Contractor shall promptly notify the Contract Administrator and the City in writing of any portions of the Contract Documents that are at variance with the applicable laws, statutes. ordinances, building codes, and rules and regulations. The Contractor's duties shall not be diminished by any approval by the City or Contract Administrator of Work completed or produced:, nor shall any approval by the City or Contract Administrator of Work, completed or produced release the Contractor from any liability therefor, it being understood that the City is ultimately relying upon the Contractor's skill and knowledge in performing the Work required under the Contract Documents. Organization of the specifications into divisions, sections and articles, and arrangement of drawings shall not control the Conti -actor in dividing the Work among subcontractors or in establishing the extent of Work to be performed by any trade. E. Familiarity with the Work. (i) Contractor FanfilitWitl' with [Vork. Contractor represents that it has familiarized itself with the nature and extent of the Contract Documents, the Work, work site(s). locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Since the Contract Documents are complementary. before starting each portion of the Work. the Contractor shall carefully study and compare the various Contract Documents, site conditions, authorities, tests, reports and studies relative to that portion of the Work, as well as the information furnished by the City, shall take field measurements of any existing conditions related to that portion of the Work. and shall observe any conditions at the Project site(s) affecting it. Contractor represents and agrees that it has correlated the results of all such observations. examinations, investigations, explorations, tests, reports. and studies with the terms and conditions of the Contract Documents. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors. omissions. inconsistencies. or ambiguities in the Contract Documents; however, any errors. inconsistencies, omissions,. or ambiguities discovered by the Contractor shall be reported promptly to the Contract Administrator and City in writing. Contractor represents that it has given the City written notice of all errors, omissions, inconsistencies, or ambiguities that the Contractor has discovered in the Contract Documents so far, and tile written resolution thereof by the City is acceptable to the Contractor. Further. Contractor acknowledges that its obligation to give notice of all such errors. omissions, inconsistencies, or ambiguities shall be continuing during the Term of this Agreement. Any failure on the part of the Contractor to notify the Contract Administrator and City in writing of any errors, ornissions, inconsistencies, or ambiguities in the Contract Documents that Contractor discovered or reasonably should have discovered shall result in a waiver and full release by the Contractor of any future arguments or defenses based on such errors. omissions, inconsistencies, or ambiguities against the City. Further, if the Contractor fails to perform its obligations pursuant to this paragraph, the Contractor shall pay such costs and damages to the City as would have been avoided if the Contractor had performed such obligations. (ii) Inspection of'Prior Rork. If part of the Contractor's Work depends for proper execution or results upon construction or operations by a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work., promptly report to the Contract Administrator apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the City's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable, and Contractor shall be responsible for all costs and damages resulting from its failure to report reasonably discoverable defects. (iii) Contraeior Requests for ],?A),-mmion. if with undue frequency (as determined by the City in its sole discretion). the Contractor requests information that is obtainable through reasonable examination and comparison of the Contract Documents, site conditions, and previous correspondence, interpretations or clarifications. the Contractor shall be liable to the City for reasonable charges from the Contract Administrator for the additional services required to review, research and respond to such requests for information. F. Supervision, Inspection and Construction Procedures. The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Agreement., unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods. techniques, sequences or A procedures, the Contractor shall evaluate the jobsite safety therefor and, except as stated below, shall be fully and solely responsible for the jobsite safety for Such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the City and Contract Administrator and shall not proceed with that portion of the Work without further written instructions from the City or Contract Administrator as approved in writing by the City. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of this Agreement. The Contractor shall take reasonable precautions for the safety of and shall provide reasonable protection to prevent darnage, injury or loss to: (a) employees and other persons who may be affected, (b) the Work and materials and equipment to be incorporated therein. whether in storage on or off the Prqject site(s), under care, custody or control of the Contractor or Contractor's subcontractors or sub -subcontractors. and (c) other property at the Project site(s) or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall give notices and comply with applicable laws, ordinances, rules., regulations and lawful orders of public authorities hearing on safety of persons or property or their protection from damage, injury or loss. When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or Substance, including but not limited to asbestos or polychlorinated bipl►enyl (PCB), encountered on the Project site(s) by tile Contractor. the Contractor shall, upon recognizing the condition. immediately stop Work in the affected area and report the condition to the City and Contract Administrator in writing. G. Tests and Inspections. Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, or ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made prompt]), at an appropriate time to avoid unreasonable delay in the Work. Unless otherwise provided. the Contractor shall make arrangements for Such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the City. or with the appropriate public authority. and shall bear all related costs of tests. inspections and approvals. The Contractor shall give the Contract Administrator timely notice of when and where tests and inspections are to be rnade so that the Contract Administrator may be present for such procedures. Required permits or certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and delivered to the Contract Administrator within ten (1 U) calendar days of issuance. H. 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. 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 Work 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 perfornlance. Contractor further agrees that no approval of designs, plans, or specifications by any person, body. or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. Contractor's Reliance on Submissions by the City. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous. inconsistent, or otherwise problematic. K. Uncovering and Correction of Work. If a portion of the Work is covered contrary to the Contract Administrator's request or to reqUirements specificallY expressed in the Contract Documents, it must, if required in writing by the Contract Administrator, be uncovered for examination by the Contract Administrator and be replaced at the Contractors expense without change in the Agreement Term. If a portion of the Work has been covered which the Contract Administrator has not specifically requested to examine prior to its being covered or which the Contract Documents did not require to remain uncovered until examined. the Contract Administrator may request to see Such Work, and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents. costs of uncovering and replacement shall, by appropriate Change Order, be at the City's expense. which expense shall be agreed upon in writing prior to being incurred. If such Work is not in accordance with the Contract Documents, correction shall be at the Contractor's expense, unless the condition was caused by the City. in which event the City shall be responsible for payment Of Such costs including reasonable charges, if any, by the Contract Administrator for additional service, which expense shall be agreed upon in writing prior to being incurred. If the City prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the City may do so instead of requiring its removal and correction, in which case the Maximum Contract Price will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. L. Clean Un. Contractor shall keep the Project site(s) and surrounding area free from accumulation of waste materials or rubbish caused by operations under this Agreement. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools. construction equipment, machinery and surplus materials. If the Contractor fails to clean up as provided in the Contract Documents, the City may do so, and the cost thereof shall be charged to the Contractor. �� M. Contractor's Representative. �Led�N� � Wshall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. N. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the City. Nothing contained in this Agreement shall be construed to make the Contractor, or any of its employees, servants or subcontractors, an employee, servant or agent of the City for any purpose. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies, and/or materials necessary to complete the Work; hiring of subcontractors, agents, or employees to complete the Work; and the payment of employees, including benefits and 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. There shall be no contractual relationship between any subcontractor or supplier and the City by virtue of this Agreement with the Contractor. 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. It is further understood that this Agreement is not exclusive, and the City may hire additional entities to perform Work related to this Agreement. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor l un-lriicliIII Wt. -r ALIVO 110lt \ Cl'>Itni I.I� 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 Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. 0. Responsibility of Contractor and Indemnification of City and Fulton Count}-. (1) Indemnification of City. The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City and the City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits. actions, judgments. injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including, but not limited to, attorney's fees and costs of defense ("Liabilities"). which may arise from or be the result of alleged willful, negligent, or tortious act or omission 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 act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of ail Indemnified Party. 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 a—gainst an Indemnified Partv, by any employee of the Contractor, its subcontractor. anyone directiy 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 ofdamages, compensation. or benefits payable by or for the Contractor or any subcontractor under workers' or workmen . s compensation acts, disability benefit acts, or other employee benefit acts. This obligation to indemnify. defend. and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. (2) Indemnification of Fulton County. For purposes of the obligations set out in subsection (1) above. Fulton County and its commissioners. officers. officials. employees. and agents will also be "Indemnified Parties". Notwithstanding anything to the contrary in the Agreement, the Contractor shall indemnify and hold harmless Fulton County as well as Fulton County's commissioners, officers, officials, employees. and agents. froin and against any and all loss and/or expense which they or any of them may suffer or pay as a result of claims Or Suits due to, because of, or arising out of the Work, irrespective of Fulton County's negligence (except that no party shall be indemnified for their own sole negligence). Contractor shall, if requested, assume and defend at the Contractor's own expense, any suit, action or other legal proceedings arising therefrom in which Fulton County. and/or Fulton County's commissioners, officers. officials, employees. and agents, are named as a party, and Contractor hereby agrees to satisfy, pay. and cause to be discharged of record any judgment which may be rendered against Fulton County, and/or Fulton County's commissioners. officers, officials, employees. and agents, arising therefrom. Contractor shall ensure that the provisions of this paragraph are included in all subcontracts relating to the Work. P. 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 as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) MillinlUrn Limits Of Insurance: Contractor shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability: $1.000,000 (one million dollars) combined single lirmt per Occurrence $2.000,000 (two million dollars) aggregate comprehensive/extended/enhanced Commercial General Liability policy with coverage including bodily and personal injury. sickness, disease or death, injury to or destruction of property. including loss Of use resulting therefrom, damage to premises/operations. products/completed operations. independent consultants and contractual liability (specifically covering the indernnity), broad -from property damage, and underground. explosion and collapse hazard. This coverage may be achieved by using an excess or umbrella policy. The policy or policies must be on "an occurrence" basis ("claims made" coverage is not acceptable). (b) Commercial Automobile Liabilif 1, (o-viwe(l, non -owned, hire(l): $1.000.000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate for comprehensive Commercial Automobile liability coverage (owned, non -owned, hired) including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Propssional Liability: $1.000.000 (one million dollars) limit Professional Liability policy for claims arising out of professional services and caused by the Contractor's errors, omissions, or negligent acts (required if aRy professional services will be provided). (d) Worker -s' Compensation antl Eml)lQvers' Liabilit i y: Workers' Compensation policy with limits as required by the State of Georgia and Employers' Liability limits of $1,000,000 (one million dollars) per occurrence or disease, (If Contractor is a sole proprietor, who is otherwise not entitled to coverage under Georgia's Workers' Compensation Act, Contractor must secure Workers' Compensation coverage approved by both the State Board of Workers* Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers' Compensation Act. Further, the Contractor shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Builders Risk Insurance: N/A Commercial Umbrella Liability y Coverage: $5 million per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability. Commercial Automobile Liability. Employers' Liability, and Professional Liability. (3) Deductibles and Self -Insured Retentions: Any deductibles or sell' -insured retentions must be declared to and approved by the City in writing so that the City may ensure the financial solvency of the Contractor. self-insured retentions should be included on the certificate Of insurance. (4) Other Insurance Provisions: Each policy shall contain. or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and Umbrella Liability Coverage. (i) Mthlional Insured Requirement. The City and City's elected and appointed officials. officers. boards. P 17, 1 -, I commissioners, employees, representatives, consultants, servants, agents and volunteers (individually "Insured Party" and collectively "Insured Parties-) shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor: products and completed operations of the Contractor: premises owned, leased, or used by the Contractor, automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requi7-emenl. The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. AnN, insurance or self- insurance maintained by the Insured Pat -ties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Reporting- Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Sel-wrwe Coverage. 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 limits of insurance provided. M De .kmse Uosts/Cros-s Liability. Coverage shall be provided oil a "pay on behalf* basis. with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subroizalion. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising t, from Work performed by the Conti -actor for the City. (b) Workers* Compensation Coverage: The insurer providing Workers* Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising frorn Work performed by the Contractor for the City. (c) All Coverages: ........ . (i) Notice Requiremew. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended. voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to the City. The CitY, reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. li7coil,)oi-atiOI701'li7ciciiiiiilic-(itiot?Obligations. 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(0) of this Agreement. (5) Acceptability of Insurers: The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance shall be placed with insurer(s) with an A.M. Best Policyholder's rating of no less than "A-- and with a financial rate of Class VII or greater. The Contractor shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Contractor shall furnish to the City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement. Contractor is specifically required to provide an endorsement naming the City as an additional insured when required. The certificates or insurance and endorsements for each insurance policy are to be on a form utilized by Contractor's insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. 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 prior to the expiration of the coverage. (7) Subcontractors: Contractor shall either (I ) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this 1-jn J(- i, Nn `�, I-, cnlcl)l '% ct b Jol! including. but not limited to.narning the Insured Parties as additional insureds. (8) Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment Linder the Agreement, whichever is |u1cr, and have an effective date which is on or prior tothe Effective Date. A)) Progress Pavinents: The making of progress payments to the Contractor mhuU not be construed osrelieving the Contractor orits subcontractor or insurance carriers frorn providing the coverage required in this Agreement. OCA {oaddition to, and cumulative With. the other requirements of this- ncctioo,. Contractor shall maintain the following insurance: (i) VVockincu's CompensationInsurance ioaccordance with the laws wfthe State ofGeorgia. (ii) Public Liability Insurance iuunamount ofnot less than one hundred thousand dollars (&lO0,00O)for injuries, including those resulting indeath toany one person, and iuunumonunt of not )enS than three hundred thousand dollars ($300,800) ononaccount ofany one occurrence. Contractor shall also obtain and furnish certificates of insurance in which Fulton County iaomooedosnn"Additional lnsurcd." (iii) Property Damage Insurance iuuoamount ofnot less than fifty thousand dollars (Q50.000)from damages ouaccount of any occurrence, with an aggregate |innh of one hundred thousand dollars ($l0U,0U0). (iv) Valuable Papers loaunanu* inunuonoun1 sufficient to assure the restoration ofmny p|uoo. drawings. field notes. or other similar data relating to the work contemplated unJcr this agreement. (v) All insurance shall be maintained in fu|l force and effect during the life ofthis Agreement and until finu|completion of the Work. The scope and coverage of the insurance protection shall extend beyond the connp|ct|unn[the project until the expiration ofany applicable statutes o[limitations. ()Bonds. In public Works Construction contracts valued uimore than one hundred thousand dollars ($100.000.00) or road construction/maintenance contracts valued at five thousand dollars ($5.000.00) or more. or in any other instance where the City has elected to include auch bond requirements as exhibits to this Agreement, the Contractor shall provide Performance and Payment bonds am acondition o[this Agreement. /\tthe conclusion of all Work. Contractor shall also provide City with a maintenance bond in the amount of one-third (]/3) ofthe total amount paid Linder the /\goccnneni, guaranteeing the repair or rep/oocnuen1 caused by defective / .'n.m/uxm �,u`i�c\uoux,m '\rniw� workmanship or materials for a period of two (2) years from the completion of the Work. Bonds shall be provided on the forms attached hereto as "Exhibits D.1, D.2 and D.Y and with a surety licensed to do business in Georgia and listed oil the Treasury Department's most current list (Circular 570 as amended). Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under this Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. R. Assignment of Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them. and the City shall have no obligation to them. S. Employment of Unauthorized Aliens Prohibited — E-Veri& 4/.1idait. Pursuant t to O.C.G.A. § 13-10-91. the City shall not enter into a contract for the physical performance of set -vices unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as "Exhibits G.1 and G.2" (affidavits regarding compliance with the E -Verify prograrn to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and its subcontractors have registered with, are authorized to use and use 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, and that they will continue to use the federal work authorization program throughout the contract period. or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is an indivithial licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. The Contractor hereby verities that it has, prior to executing this Agreement, executed a notarized affidavit. the form of which is provided in "Exhibit G.1". and submitted such affidavit to City or provided the City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further. Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA). P.L. 99-603. O.C.G.A. § 13-10-91 and Georgia Department of Labor 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 G.2", which subcontractor affidavit shall become part of the contractor/subcontractor k 1 i I c I -, t \ c I o 7 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 sub -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 five (5) 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. 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 fi-orn 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. T. Records. Reports and Audits. (1) Records: (a) Books, records, documents, account legers. data bases, and similar materials relating to the Work performed for the City under this Agreement ("Records") shall be established and maintained by the Contractor in accordance with applicable law and requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized or required. such Records shall be maintained for at least three (3) years frorn the date that final payment is made to Contractor by City under this Agreement. Furthermore. Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved. whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement 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 Records in the form requested by the City. All Records stored on a computer database must be of a format compatible with tile City's computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, Contractor shall make available to the City or City s representative(s) for examination all Records. The Contractor will permit the City or City's representative(s) to audit, examine. and make excerpts or transcripts from such Records. Conti -actor shall provide proper facilities for City or City's representative(s) to access and inspect the Records., or, at the request of the city, snail make me Kecords available for inspection at the City's office. Further. Contractor shall permit the City or City's representative(s) to observe and inspect any or all of Contractor's facilities and activities during normal hours of business for the purpose of evaluating Contractor's compliance with the terms of this Agreement. In such instances. the City or City's representative(s) shall not interfere with or disrupt Such activities. U. 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. contractors, 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 inedia, without prior written approval of the City. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that the City's disclosure of documentation is governed by Georgia's Open Records Act. and Contractor further acknowledges that. if Contractor submits records containing trade secret information and if Contractor wishes to keep such records confidential. Contractor must submit and attach to Such records all affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter I of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-1 8-72(a)(34) related thereto. V. 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 or local boards. agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. provided that some permits or licenses related to the Project may be obtained as part of the Work and shall be obtained as required. The Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of tile Work, which are customarily secured after execution of the Agreement and which are legally required. Contractor shall furnish copies of such permits, licenses, etc. to the City within ten (10) days after issuance. W. Reserved. X. 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. Y. Ownership of Work. All reports, designs. drawings, plans. specifications, schedules. work product, and other materials. including those in electronic form. prepared or in the process of being prepared for the Work 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 Materials in the form prescribed by the City, Any Materials remaining in the hands of the Contractor or Subcontractor upon completion or termination of the Work shall be delivered immediately to the City whether or not the Projector Work is commenced or completed. provided. however. that Contractor may retain a copy of any deliverables for its records. The Contractor assumes all risk of loss. damage or destruction of or to Materials. If any Materials are lost. darnaged, 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 - 11 ^, I I , k i ( 11 t ) I I `1,c1," 1 l , k , ; A!2,� - k " t, I I I L ' I I! \ I a3 I 1 1 , ( I I Z. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law. the Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race. color. creed, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. Section 8. Covenants of the City A. Right of Entry. The City shall provide for right of entry for Contractor and Contractor's equipment as required for Contractor to complete the Work; provided that Contractor shall not unreasonably encumber the Project site(s) with materials or equipment. B. City's Representative. Matthew Fallstrom shall be authorized to act on the City", behalf with respect to the Work as the City's designated representative on this Project, provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section 6 above. T A. Final Project Documents. Prior to final payment. Contractor shall deliver to City a written assignment of all warranties, guaranties, certificates, permits., and other documents, including without limitation, all contractors' and manufacturers warranties. At such time, Contractor shall also deliver to the City copies of all as - built drawine,,,- operations, and maintenance manuals. and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. B. Warranty. The Contractor warrants to the City and the Contract Administrator that materials and equipment furnished under the Agreement will be of good quality and new, unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted. and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, is considered defective. This warranty excludes remedy for damage or defect caused by abuse by the City or modifications to the Work not executed by the Contractor or all employee/subcontractor/sub-subcontractor thereof. Except as may be otherwise specified or agreed. the Contractor shall repair or 1u) replace all defects in materials, equipment. or workmanship appearing within 2 year(s) (the "Warranty Period") from the date of final completion at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the Warranty Period to identify any issues that must be resolved by the Contractor. After the expiration of the Warranty Period. City shall be responsible for repairing issues resulting from normal wear and tear and shall be responsible for general maintenance of the equipment: however. expiration of any Warranty Period shall not affect the Contractor's continued liability under an implied warranty of merchantability and fitness. All ,warranties implied by law, including fitness for a particular purpose and suitability. are hereby preserved and shall apply in full force and effect beyond any Warranty Period. City may purchase additional maintenance services from the Contractor upon a written proposal for such services being executed by authorized representatives of both Parties, and upon execution, such proposal for additional services shall be incorporated herein by this reference. Section 10. Termination A. For Convenience. The City nlay terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor at least seven (7) calendar days in advance of the termination date. B. For Cause. The Contractor shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City's failure to pay the Contractor within thirty (30) calendar days of Contractor providing the City with notice of a delinquent payment and an opportunity to cure. The City may terminate this Agreement for cause as provided in Section 11 of this Agreement. The City shall give Contractor at least seven (7) calendar days' written notice of its intent to terminate the Agreement for cause and the reasons therefor, 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 tbr completion of tile Project. C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13. this Agreement shall be deemed terminated as provided in Section 4(A) of this Agreement. Further. this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise Unobligated funds are no longer available to satisfy the obligation of the City. D. Payment. Provided that no -damages are due to the City for Contractor*s failure to perform in accordance with this Agreement, and except as otherwise provided herein, the City shall, upon termination for convenience or statutory termination. pay Contractor for Work performed prior to the date of termination in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. At its sole discretion. the City may pay Contractor for additional value received as a result ofContractor's efforts, but in no case shall said payment exceed any remaining unpaid portion of the Maximum Contract Price. If this Agreement is terminated for cause. the City will make no further payment to the Contractor or its Surety until the Project is completed and 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. City shall provide payment to the Contractor (or its Surety) for services rendered and expenses incurred prior to the termination date, provided that such payment shall not exceed the unpaid balance of the amount otherwise payable under this Agreement minus the cost of completing the Project. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. E. Assumption of Contracts. The City reserves the right in termination for cause to take assignment of all contracts between the Contractor and its subcontractors., vendors, and suppliers. The City will promptly notify the Contractor of the contracts the City elects to assume. Upon receipt of such notice, the Contractor shall promptly take all steps necessary to effect such assignment. F. Conversion to Termination for Convenience. 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 converted to and treated as a termination for convenience under the terms of Section 10(A) above. G. Requirements Upon Termination. Upon termination, the Contractor shall: (1) promptly discontinue all services. cancel as many outstanding obligations as possible if requested to do so by the City, and not incur any new obligations. unless the City 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 forill specified by the City. H- Reservation of Rights and Remedies. 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. A. City Rights Related to the Work. (i) Cilj, ',5 Riiht to .Stow the TVoi-k. If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, as required by the Contract Administrator, or persistently fails to carry out Work in accordance with the Contract Documents. the City may issue a written order to the Contractor to stop the Work, or any portion thereof. until the cause for such order has been eliminated; however, the right of the City to stop the Work shall not give rise to a duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. Such a stoppage of Work shall not extend the expected date of filial completion of the Work. 00 0tvs ftht to Cari-v Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) calendar day period after receipt of written notice from the City to commence and/or continue correction of such default or neglect with diligence and promptness. the City may. without prejudice to other remedies the City may have. correct such deficiencies. In such case. an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies. including City's expenses and compensation for the Architect/Engineer's and/or Contract Administrator's additional services (if any) made necessary by such default. neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts. the Contractor shall pay the difference to the City. B. Contractor Default. For tile purposes of this Agreement, Contractor shall be in default if any of the following occur during the Tenn of this Agreement: (a) a failure to fulfill in a timely and proper manner Contractor's obligations under this Agreement; (b) Contractor violates any of the material provisions. agreements, representations or covenants of this Agreement or any applicable city, state. or federal laws, which do not fall within the force rnaJeUre provisions of this Agreement, (c) the Contractor becomes insolvent or unable to pay its debts as they mature, or makes an assignment for the benefit of creditors, or files a bankruptcy petition under the United States Bankruptcy Code; or (d) Contractor is the subject of a judgment or order for payment of money, which judgment or order exceeds $100,000 and is no longer subject to appeal or, in the opinion of the City, would be fruitless to appeal and where (i) such judgment or order shall continue un -discharged or unpaid for a period of thirty (30) calendar days, (ii) an insurer acceptable to the City has not acknowledged that such judgment or order is fully covered by a relevant policy of insurance. or (iii) the City is otherwise reasonably satisfied that such judgment or order is not likely to be satisfied or complied with within sixty (60) calendar days of its issuance. In the event of Contractor's default under this Agreement. the City shall send written notice to the Contractor setting forth the specific instances of the default and providing the Contractor with at least seven (7) calendar days to cure or otherwise remedy the Ll defaIt to the reasonable satisfaction of the City. If the default is not remedied during the stated Cure period. then the City may, at its election: (a) in writing terminate the Agreement in whole or in part: (b) Cure Such default itself and charge the Contractor for the costs of curingthe default against any SUrns due or which become due to the against Under this Agreement: and/or (c) pursue any other remedy then available. at law or in equity. to the City for such default. Section 12. Reserved. Section 13. Miscellaneous A 1.0 A. Complete Agreement. This Agreement, including all of the Contract Documents, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement, or promise relating to the subject matter of this Agreement not contained in this Agreement or the Contract Documents shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. B. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. C. Counterparts. This Agreement may be executed in anN 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: Severability. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible 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 that may for any reason be hereafter declared invalid. E. Business License. Prior to commencement of the Work to be provided hereunder. Contractor shall apply to the City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement. unless Contractor provides evidence that no such license is required. F. Notices. (1) Communications Relating to Day -to -Dat' Activities. All communications relating to the day-to-day activities of the Work shall be xchan ed between Matthew Fallstrom for the City and �J MI k � for the Contractor. (2) Official Notices. All other notices. requests, demands, writings. or correspondence. as required Onstrueti()II St. r\ ice, AvI-ceIII cnt \ cI n I .ti 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 calendar 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 Party at the addresses given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton Attn: City Manager 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: CMES, Inc. 6555 McDonough Dr Norcross, GA 30093 G. Waiver of Agreement. No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City's right to demand exact and strict compliance by Contractor with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination. including, without limitation, confidentiality obligations, warranties, and insurance maintenance requirements. 1. 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. J. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City's elected or appointed officials. officers, boards. commissions, employees. representatives, consultants, servants. agents, attorneys or volunteers. No such individual shall be personally liable to the Contractor 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 Contractor or successor or on any obligation Under the terms of this Agreement. Likewise. Contractor's performance of services under this Agreement shall not subject Contractor's individual employees. officers, or directors to any personal liability, except where Contractor is a sole proprietor. The Parties agree that their sole and exclusive remedy, claim. demand, or suit shall be directed and/or asserted only against Contractor or the City, respectively, and not against any elected or appointed official, officers., boards, cornmissions, employees, representatives, consultants, servants, agents, attorneys and Volunteers. K. Force Maieure. 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, eillbaroo, 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. Headings. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit, or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. M. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. N. Successors and Assigns. Subject to the provision of this Agreement regarding assignment. each Party binds itself. its partners. Successors. assigns, and legal representatives to the other Party hereto, its partners, successors. assigns, and legal representatives with respect to all covenants. agreements, and obligations contained in the Contract Documents, 0. Agreement Construction and Interpretation. Contractor represents that it has reviewed and become familiar with this Agreement and has notified the City of any discrepancies. conflicts or errors in the Contract Documents. The Parties hereto agree that. if all ambiguity or question of intent or interpretation arises. this Agreement is to be construed as if the Parties had drafted it jointly. as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity. the Contract Documents may omit modifying words such as "all" and '-any" and articles such as -the- and "an." but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. P. Material Condition. Each term of this Agreement is material. and Contractor's breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to the City at law or in equity. Q. Use of Singular and Plural. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms. unless the context of their usage clearly requires contrary meaning. IN WITNESS WHEREOF. the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] 77M CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] Attest: Print Name: Its: City Clerk Approved as to form: City Attorney CONTRACTOR: CMES, Inc. By: _ Print Name: 'S �c9j1't-' Its:`\%%%1IIirrri President/V i ent (Corp�TatSe�jES l��, i OGA&0�.1 [CORPORATE SF�Lj. SEAL (required if corpor;'rjo4•0FoRo�p Attest/Witness: Print Name: Its: ((tks�) Corporate Secretary if corporation) )II ',u-uCtitM �'ICrX iCC, ;1.ICCIII Cnt I VCI-Siun I m No Text HOME OF "- M I LTO N ESTABLISHED 2OD6 CITY OF MILTON INVITATION TO BID (THIS IS NOT AN ORDER) Bid Number: Project Name: 19-PWO1 NE Crabapple Connector Project Due Date and Time: City of Milton November 15, 2018 Number of Pages: 113 Local Time: 2:00pm Special Instructions: ISSUING DEPARTMENT INFORMATION Issue Date: October 18, 2018 City of Milton Phone: 678-242-2500 Public Works Department Fax: 678-242-2499 2006 Heritage Walk Website: www.cityofmiltonga.us Milton, GA 30004 INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/Package: Bidder Phone Number: Bid Number: 19-PWO1 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office BID RESPONSE Special Instructions: 2006 Heritage Walk Milton, GA 30004 Deadline for Written Questions November 1, 2018 at 5:00 pm Email questions to Honor Motes at honor. motes@cit ofmilton a.us BIDDERS MUST COMPLETE 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 ITB 19-PWOI Table of Contents Topic Pace Definitions 3 Invitation to Bid 4 Schedule of Events 6 Bidding Instructions (What must be submitted) 7 Insurance/Bond Requirements 8 Bid Form and Addenda Acknowledgement 13 Bid Bond (3 pages) 15 Qualifications Signature and Certification 18 Corporate Certificate 18 List of Subcontractors 19 Contractor Affidavit and Agreement (eVerify) 20 Disclosure Form 21 Project Specifications 22 Bid Submittal Form (8 pages) 32 General Conditions 41 EPD Air Quality Rules 47 Sample Contract Agreement 48 ITB 19-PWO1 2 1 Page DEFINITIONS COMPW: City of Milton Public Works Department CY: Cubic Yard GDOT: Georgia Department of Transportation ENGINEER: The City of Milton Director of Public Works or a duly authorized representative. ADA: Americans with Disabilities Act EA: Each GAL: Gallon LF: Lineal Feet LM: Lineal Mile LS: Lump Sum SY: Square Yard TN: Ton MUTCD: Manual on Uniform Traffic Control Devices OSHA: Occupational Safety and Health Administration FHWA: Federal Highway Administration AASHTO: American Association of State Highway and Transportation Officials ITB 19-PWOI 3 1 HOME OF 'THEBEST QUALITY OF LIFE IN GEORGIA' M I LTON' ESTABLISHED 2006 invitation to Bid 19-PWO1 The City of Milton is accepting sealed bids from qualified firms for the FY19 NE Crabapple Connector Project for the Public Works Department in conformance with Title 32, Chapter 4, Article 4, Part 2 of the Official Code of Georgia Annotated. All work will be done in accordance with Georgia Department of Transportation's (GDOT) Standard Drawings, Standard Specifications, and Pay Items Index as standards and specifications for the construction and completion of the work required. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. Sealed bids will be received no later than 2:00 PM local Time on November 15, 2018. Sealed bids shall be submitted to: City of Milton Attn: Honor Motes, Purchasing Office, 2006 Heritage Walk Milton, GA 30004. At approximately 2:10 PM Local Time on the day bids are received the bids will be publicly opened and the bidder's name and total bid amount will be read aloud at: City of Milton City Hall, 2006 Heritage Walk, Milton, GA 30004. Bids received after the above time or in any other location other than the Purchasing Office will not be accepted. Bids shall be presented in a sealed envelope with the bid number (19-PWO1) and the name of the company or firm submitting clearly marked on the outside of the envelope. ONE (1) ORIGINAL (PAPER) AND TWO (2) COPIES (PAPER) AND A PDF COPY OF THE BID ON CD or FLASH DRIVE MUST BE SUBMITTED. Bids will not be accepted verbally, by fax, or email. Questions must be in writing. For questions, please email Honor Motes at honor.motes@cityofmiltonga.us. Deadline for questions is November 1, 2018 at 5:OOpm. Official answers to questions and potential changes to the ITB (Addendums) will be posted at the same web locations as the ITB on or about November 6, 2018. Any other form of interpretation, correction, or change to this ITB will not be binding upon the City. It is the bidder's responsibility to check the websites for potential updates. Please refer to Bid (19-PWO1) and bid name (NE Crabapple Connector Project) when requesting information. The City of Milton reserves the right to reject any or all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. The selected contractor must be able to start work within ten (10) calendar days ITB 19-PWOI 4 1 after the "Notice to Proceed" is issued. The time of completion for the project is to be determined prior to the issuance of the "Notice to Proceed." If weather affects the required completion schedule, The City and selected contractor will negotiate a new completion date. Section 108.08 of the State of Georgia Department of Transportation Standard Specifications Construction of Transportation Systems (current edition) shall be applied. *Important to remember when submitting digital files: 1. Mark all CD's or Flash Drives with Bidder's name and ITB number and title. 2. All digital files must be in either (unless otherwise specified within this document): a. Microsoft Office file format or b. Portable Document Format (PDF). 3. Use caution in creating the electronic files. If the City is unable to open files due to data -corruption, password or encryption error, etc., the Bidder's proposal may be considered incomplete. 4. NOTE: All digital copies must include exactly the same information as provided in the hard copy "Original". ITB 19-PWO1 5 1 Page SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE EVENT DATE ITB Issue Date October 18, 2018 Deadline for Receipt of Written Questions 5 PM on November 1, 2018 Posting of Written Answers by City to Websites on or about November 6, 2018 ITB DUE No Later than 2:00 PM on November 15, 2018 Tentative Contract Award (on/about) December 17, 2018 Notice to Proceed (on/about) To be coordinated with the Contractor NOTE: PLEASE CHECK THE CITY WEBSITE (hffp://www.cityofmittonga.us) FOR ADDENDA AND SCHEDULE UPDATES. ITB 19-PWO1 6 1 BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) 1 Filled out and Signed Invitation to Bid (Cover Sheet) 1 2 Bid Form and Addenda Acknowledgement (2 pages) 13-14 3 Bid Bond (3 pages) 15-17 4 Qualifications Signature and Certification 18 5 List of Subcontractors 19 6 Contractor Affidavit and Agreement (eVerify) 20 7 Disclosure Form 21 8 Bid Submittal Form (8 pages) 32-39 INFORMATION AND INSTRUCTIONS The purpose of this solicitation is to enter into a unit price "purchasing contract" with one firm to be the primary supplier of the NE Crabapple Connector Project, ITB 19-PWO1. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. Unless clearly shown as "no substitute" or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturer's number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. The City reserves the right to cancel the contract at any time with thirty (30) days ITB 19-PWO1 7 1 P a g e written notice. Title to any supplies, materials, equipment or other personal property shall remain the Contractors' until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor's expense to the complete satisfaction of the City of Milton with no additional expense to the City. EVALUATION The City intends to evaluate the ITB on the lowest, responsible, and responsive bidder. Bids may be found nonresponsive at any time during the evaluation or contract process, if any of the required information is not provided; the submitted price is found to be inadequate; or the proposal is not within the specifications described and required in the ITB. If a bid is found to be non- responsive or non-qualified, it will not be considered further. INSURANCE REQUIREMENTS Within ten (10) days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7.K). (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject ITB 19-PWOI 8 1 to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies ITB 19-PWO1 9 1 shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) 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. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has ITB 19-PWOI 10 1 Page been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (b) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers' Compensation policy. BONDING REQUIREMENTS Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project strictly within the terms and conditions stated in this bid and in the bidding and contract documents, should the construction contract be awarded. The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE BONDS for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the base bid price. The Successful Bidder shall also be required to furnish a MAINTENANCE BOND, in the amount of one-third (1 /3) of the contract price, guaranteeing the repair or replacement caused by defective workmanship or materials for a period of two (2) years from the completion of construction. Bonds shall be issued by a corporate surety appearing on the Treasury ITB 19-PWOI 11 1 Page Department's most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. OATH Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e). COST OF PREPARING A BID The costs for developing and delivering responses to this ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton. ITB 19-PWO1 12 1 Page HOME OF "HFRF`1 QUALITY OF LIFE IN GEORGIA' M I LTON't ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 19-PWO1 NE Crabapple Connector Project The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid. ITB 19-PWO1 13 1 Page The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces within ten (10) calendar days from the Notice to Proceed, and to complete all Work as scheduled in Task Order(s) issued. If weather affects the required completion schedule, the City and selected Bidder will negotiate a new completion date. Attached hereto is an executed Bid Bond in the amount of (Five Percent of Amount Bid). Dollars ($ If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this day of 20 Bidder Company Name Bidder Mailing Address: Signature: Print Name: Title: ITB 19-PWO1 14 1 Page (Seal) HOME OF `TI LTON*k HE BEST QUALITY OF LIFE IN GEORGIA' ESTABLISHED 2006 [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 2006 Heritage Walk Milton, Georgia 30004 BID BID DUE DATE: PROJECT (Brief Description Including Location): BOND BOND NUMBER: DATE (Not later that Bid due date): PENAL SUM: (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. BIDDER (Seal) Bidder's Name and Corporate Seal Bv: Signature and Title: Attest: 011C3411'1 (Seal) Surety's Name and Corporate Seal By: Signature and Title: (Attach Power of Attorney) Attest: ITB 19-PWO1 15 1 Page Signature and Title: Signature and Title: Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. ITB 19-PWO1 16 1 Page 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. ITB 19-PWOI 17 1 Page HOME OF' -: ;1 CSE:. M I LT 0 N ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION 1 certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature Date Print/Type Name Print/Type Company Name Here CORPORATE CERTIFICATE 1, , certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that who signed said bid in behalf of the Contractor, was then (title) of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of This (Signature) day of 20 (Seal) ITB 19-PW01 18 1 Page HOME OF' - GEORG IMILTON.--k ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name: ITB 19-PWOI 19 1 Page HOME OF 'THE BEST QUALITY OF LIFE IN r M I LTO N 4t ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] 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 Name of Contractor NE Crabapple Connector Project Name of Project City of Milton, Georgia 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: ITB 19-PWOI 20 1 Page HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' I LTON4t ESTABLISHED 2006 DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: ITB 19-PWO1 21 1 PROJECT SPECIFICATIONS GENERAL CONDITIONS 1. The Contractor shall comply with the plans and specifications for the "NE Crabapple Connector" as prepared by Pond & Company (Design Engineer), dated 10/ 11/2018 .The plans may be downloaded at: Final Construction Plans NE Crabapple Connector (https://files.secureserver.net/OsKachBVwD 1 u5h) In addition to other standard specifications referenced herein, the bid package includes: a. Construction Drawings; b. Special Provision 163 - Miscellaneous Erosion Control Items; c. Special Provision 165 - Maintenance of Temporary Erosion and Sedimentation Control Devices; d. Special Provision 171 -Silt Fence; e. Special Provision 700 - Grassing. 2. Where contract documents reference 'The Department" or "GA Department of Transportation" or "The Engineer", it shall also mean "City of Milton." 3. All traffic control measures and detour signage are the responsibility of the contractor. Contractor shall coordinate all work with the City of Milton. 4. Replace, in kind, any vegetation or landscaping damaged during construction. Include cost in the price bid. 5. Unless otherwise directed, all work performed under this contract shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition), and Special Provisions modifying them, except as noted herein. ITB 19-PWO1 22 1 - -: PROJECT SPECIAL PROVISIONS Any landscaping impacted on parcel 10 to be replaced in kind. Estimates to be provided and will be billed under miscellaneous construction. Type 4 header curb on parcel 10 to be granite material to match existing library wall as shown below. The right of way and easements have not all been acquired at the time this bid is released. The City anticipates parcels 1, 2, 3, 4, 5, 6, 7, 9 and 10 right of way and ITB 19-PWO1 23 1 easement areas to be acquired by notice to proceed. Proposed sidewalk, curb, drainage, lighting along parcels 8, 11, 12, 13 and 14 to be laid out by Contractor to minimize impacts upon notice to proceed. Contractor to determine if any easement is needed to construct improvements. The City will then acquire the areas needed to construct the improvements on these parcels. School zone LED flashing sign to be provided for Charlotte Dr approach to roundabout on Birmingham Hwy (see image below for sign detail). Proposed sign product specs to be submitted to the City for review and approval. Pavement marking "SCHOOL" to be provided in 2 locations on Heritage Walk and Charlotte Dr. just before Birmingham Hwy roundabout. SPEED LIMIT 2%5 WHEN FLASHING i All project signage and striping to be pre -marked and approved by Milton Public Works prior to installation. ITB 19-PWO1 24 1 PROSECUTION AND PROGRESS Construction shall begin no later than TEN (10) calendar days past the issuance of Notice to Proceed. The time of completion for the project is two hundred eighty days (280) calendar days from the date of the Notice to Proceed. If weather affects the required completion schedule, The City and selected contractor will negotiate a new completion date. Normal workday for this project shall be 7:30 am to 7:30 pm and the normal workweek shall be Monday through Friday. The City will consider extended workdays or workweeks upon written request by the Contractor on a case by case basis. No work will be allowed on Sunday or national holidays (i.e. Memorial Day, July 4th, Labor Day, etc.). Lane closures will only be permitted between the hours of 9:00am and 4:00pm, Monday -Friday, unless otherwise approved by the City. The work will require bidder to provide all labor, administrative forces, equipment, materials and other incidental items to complete all required work. The City shall perform a Final Inspection upon completion of all work. The Contractor will be allowed to participate in the Final Inspection. All repairs shall be completed by the Contractor at his expense prior to issuance of Final Acceptance. PERMITS AND LICENSES The Contractor shall procure all permits and licenses, pay all charges, taxes and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. MATERIALS Contractor will be responsible for replacing any work performed with material from rejected sample lot at no cost to the City. DEVIATION OF QUANTITIES The quantities given are estimates only and will vary from those indicated. Payment will be made based on actual quantities of work completed and accepted. The City reserves the right to add or delete quantities at any time. Contractor will notify the City in writing if additional items are identified or quantities of contract items will exceed plan. At no time will Contractor proceed with work outside the prescribed scope of services for which additional payment will be requested without the written authorization of the City. EROSION CONTROL It is the responsibility of the contractor to follow all Federal, State and Local erosion ITB 19-PWO1 25 1 and sediment control laws and specifications. This includes meeting all NPDES guidelines. The Contractor shall serve as the Primary Permittee for this project and is responsible for filing the NOI and all necessary fees associated with it. Erosion/Sediment Control measures shall be installed and maintained by the Contractor throughout the duration of the project. The Contractor is responsible for the removal and disposal, off project site, of all installed temporary erosion/sediment control measures when affected areas have been restored to a level where vegetative coverings will minimize erosion. The cost for this will be considered incidental to the project and included in the overall bid. UTILITIES There are utilities in the project area. Contractor shall be responsible for locating and coordinating any utility relocation necessary for completion of the work. Utility plan sheets provided are based on early coordination and are subject to change. Call "811 Know what's below Call before you dig." Locate, maintain and protect existing utilities at all times during construction. TEMPORARY TRAFFIC CONTROL The Contractor shall, at all times, conduct his work in accordance with the traffic control plan and so as to assure the least possible obstruction of traffic. The safety and convenience of the general public and the residents along the roadway and the protection of persons and property shall be provided for by the Contractor as specified in the State of Georgia, Department of Transportation Standard Specifications Sections 104.05, 107.09 and 150. Traffic whose origin and destination is within the limits of the project shall be provided ingress and egress at all times unless otherwise specified by the City. The ingress and egress includes entrances and exits VIA driveways at various properties, and access to the intersecting roads and streets. The contractor shall maintain sufficient personnel and equipment (including flaggers and traffic control signing) on the project at all times, particularly during inclement weather, to insure that ingress and egress are safely provided when and where needed. The Contractor shall furnish, install and maintain all necessary and required barricades, signs, temporary striping and other traffic control devices in accordance with the MUTCD and DOT specifications, and take all necessary precautions for the protection of the workers and safety of the public. This shall include variable message boards to be placed near the intersection location, prior to beginning construction activities, to notify the traveling public of the ITB 19-PWO1 26 upcoming lane closure(s). These variable message boards shall remain in place from to the beginning construction until substantial completion of the project. There shall be three (3) variable message boards, (one in each direction). All existing signs, markers and other traffic control devices removed or damaged during construction operations will be reinstalled or replaced at the Contractor's expense. At no time will Contractor remove regulatory signing which may cause a hazard to the public. The Contractor shall, within 24 hours place temporary pavement markings (paint or removable tape) matching existing pavement markings on milled or patched pavements. All personnel and equipment required for maintaining temporary traffic control, public convenience and safety will be included in the contract price. PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE The Contractor shall be responsible for the preservation of all public and private property, crops, fish ponds, trees, monuments, highway signs and markers, fences, grassed and sodded areas, mail boxes and supports, water meters, etc. along and adjacent to the highway, road or street, and shall use every precaution necessary to prevent damage or injury thereto, unless the removal, alteration, or destruction of such property is provided for under the contract. No stone or asphalt chunks shall be left in the right-of-way and screened topsoil shall be placed in all disturbed areas before grassing. Contractor is responsible for ensuring that all permanent grassing shall match the existing grassing When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or in consequence of the non -execution thereof by the Contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding or otherwise restoring as may be directed, or she/he shall make good such damage or injury in an acceptable manner. The Contractor shall correct all disturbed areas before retainage will be released. CLEANUP All restoration and clean-up work shall be performed daily. Operations shall be suspended if the contractor fails to accomplish restoration and clean-up within an acceptable period of time. Asphalt and other debris shall be removed from gutters, sidewalks, yards, driveways, etc. Failure to perform clean-up activities may result in suspension of the work. Milling operation shall be followed immediately by clean-up at which the contractor is to provide power brooms, ITB 19-PWO1 27 1 vacuum sweepers, power blowers, or other means to remove loose debris or dust. Do not allow dust control to restrict visibility of passing traffic or to disrupt adjacent property owners. All pavement areas shall be clean and dry prior to placing tack coat, asphaltic concrete or other materials. SAFETY Beginning with mobilization and ending with acceptance of work, the Contractor shall be responsible for providing a clean and safe work environment at the project site. The contractor shall comply with all OSHA regulations as they pertain to this project. QC/QA TESTING OF MATERIALS The Contractor will be responsible for all quality control testing (sampling, testing, and inspections) of materials incorporated into the project. All materials and workmanship shall meet appropriate GDOT specifications. Materials quality control testing types will meet GDOT specifications at a frequency equal to or exceeding that set by those specifications. Contractor shall secure the services of a GDOT qualified geotechnical testing firm to perform all required tests. Test results shall be provided to the City promptly as the work progresses. Tests shall meet GDOT Specs for type, method, and frequency. This work shall be considered incidental to the rest of the work and no separate payment will be made. Contractor will be responsible for replacing any work performed with material from rejected sample lot at no cost to the City. PAVEMENT MILLING The milling equipment shall be a power driven, self-propelled machine which is specifically designed to mill and remove a specified depth of existing asphalt paving. The equipment shall be of size, shape and dimensions so as not to restrict the safe passage of traffic in areas adjacent to the work. Conveyors capable of side, rear or front loading shall be provided together with the necessary equipment to transfer the milled material from the roadway to a truck. Dust control shall be such as not to restrict visibility of passing traffic or annoy adjacent property owners. The Contractor shall also mill across the whole roadway at the beginning and ending limits of the project to provide an adequate tie-in with existing pavements. Topping shall be tapered/feathered so as to tie into existing driveways with the ITB 19-PWO1 28 1 - best possible ride and aesthetic result. Tie-ins shall be marked on the ground and approved by the City prior to paving. Areas where no curb exists are not to be milled except as may be directed on the plans or to provide adequate tie-in with existing pavement. The milling operation shall provide a pavement surface that is true to line, grade and cross-section and of uniform texture. Areas where curb and gutter exists shall be edge milled to a distance of six (6) feet from the edge of the gutter to provide a level transition from the final paved surface to the top of the gutter pan. Depth of the edge milling at the gutter shall be equal to the depth of the final asphalt topping coarse. A ten foot straightedge shall be maintained in the vicinity of the milling operation at all times for the purpose of measuring surface irregularities of the milled pavement surface. The Contractor shall provide the straightedge and labor for its use. All irregularities in excess of 1/8" in 10' shall be re -milled at no additional cost. The finished cross slope shall be uniform to a degree that no depressions or misalignment of slope greater than 1/4" in 12' are present when tested with a straightedge placed perpendicular to the centerline. The finished pavement surface will be subject to visual and straightedge inspection. The Contractor shall be responsible to repair any damage to existing curbs, aprons, and driveways caused by the Contractor's operations at no additional cost to the City. All material generated as a result of the milling operation shall become the property of the contractor. The milled material shall be stockpiled, recycled and utilized by the bidder as a means to offset the unit cost of patching. After milling is completed all loose and flaking masses of asphalt shall be removed. The contractor and City shall measure all work and determine the total pavement area in square yards, to establish the basis of payment for the milling work. BITUMINOUS TACK COAT This work shall consist of the placement of bituminous tack on all areas. The cost of bituminous tack shall be included in the cost of the project. Bituminous tack is ITB 19-PWO1 29 1 not measured as a separate pay item. AC -20 or AC -30 shall be used. All surfaces shall be cleaned completely and thoroughly before any tack is applied. Tack shall not be applied when the pavement is wet. Bituminous tack coat shall be applied between .03 to .06 gallons per square yard. CONCRETE SIDEWALKS AND ADA RAMPS This work shall consist of the installation of new 5' sidewalk and ADA compliant ramps. The Contractor will install the new sidewalk in accordance with GDOT Standard Specifications Sections, Article 441. Ramps will be constructed in accordance to GDOT detail A3 that replaces GA Standard 9031 W and must meet Federal ADA standards with regard to slope, and grade and shall be constructed using 3000 psi concrete (class A). The Contractor shall inspect the locations specified in the bid to determine the extent of work necessary to construct or upgrade each ramp. The Contractor is to select the ramp type to be used based on the site conditions and configuration of existing sidewalk present unless specifically indicated. In some circumstances the Contractor can install detectable warning panels if existing ramps are constructed to at the proper grade and slope. Expansion joints shall be placed at an interval of 40 feet on center throughout the sidewalk length and at all interfaces with existing sidewalk or structures. The surface of the sidewalk and subgrade shall not exceed a cross slope of 2%. This slope shall be directed to the street unless otherwise directed by the City. The forms shall be made of steel or wood to insure the accurate maintenance of lines and grades. Flexible strips may be used where necessary on curves. After forms are completely set in place the Contractor shall have the forms inspected by the City prior to pouring concrete. All new concrete sidewalks shall be a minimum of 4 inches thick and shall meet the GDOT specifications for Portland Cement Concrete. The subgrade shall be thoroughly moistened and the concrete shall be deposited to the proper depth. The concrete along the edges of the forms shall be well spaded against the forms and the concrete shall be struck off until all voids are removed and the surface has the required grade and cross section. The surface shall be struck off with a straight edge, floated and troweled just enough to produce a smooth dense surface, free from irregularities. Brushing crosswise with a fine hare brush or broom is required to produce a non -slip surface. All joints and ITB 19-PWO1 30 edges shall be rounded to a radius of one-quarter (1/4) inch with an approved finishing tool. The City reserves the right to reject any sidewalk segments not finished in accordance with these standards or finished in a professional and workmanlike manner. All sidewalk sections that are rejected by the city shall be removed and replaced by the Contractor at no additional charge. The Contractor is responsible for protecting the sidewalk from the elements, travel and vandalism. After the concrete has set sufficiently, but not more than three (3) days, the forms shall be removed and the spaces shall be backfilled with topsoil. The area between the sidewalk and the curb shall be graded to slope toward the curb and allow drainage to flow toward the curb after sod installation. The removal and disposal of existing curb and other concrete to construct or upgrade each ramp and construct sidewalk along with any clearing, grubbing, tree and shrub trimming or removal that impacts construction shall be considered incidental. ITB 19-PWO1 31 1 = _ HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' M-ILTON ESTABLISHED 2006 Bid Submittal Form NE Crabapple Connector 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 willing 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. In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY ADDRESS AUTHORIZED SIGNATUR PRINT / TYPE NAME TITLE ITB 19-PWO1 32 1 HOME OF 'THEBEST QUALITY OF LIFE IN GEORGIA' M I LTON' ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID SCHEDULE (7 SHEETS) Pay Description Unit Quantity Unit Price TOTAL Item # TRAFFIC CONTROL 150- TRAFFIC CONTROL - USER LS 1 1000 1 UNIT PRICE ROADWAY ITEMS 210 GRADING COMPLETE LS 1 0100 RECYCLED ASPH CONC 402- LEVELING, INCL BITUM MATL TN 250 1812 & H LIME 432- MILL ASPH CONC PVMT, SY 4000 5010 VARIABLE DEPTH RECYCLED ASPH CONC 12.5 402- MM SUPERPAVE, GP 2 ONLY, TN 800 3130 INCL BITUM MATL & H LIME RECYCLED ASPH CONC 19 402- MM SUPERPAVE, GP 1 OR TN 550 3190 2,INCL BITUM MATL & H LIME RECYCLED ASPH CONC 25 402- MM SUPERPAVE, GP 1 OR 2, TN 1 100 3121 INCL BITUM MATL & H LIME 310- GR AGGR BASE CRS, INCL TN 3975 1101 MATL 413- TACK COAT GL 700 0750 RECYCLED ASPH CONC 12.5 402- MM SUPERPAVE, GP 2 ONLY, TN 100 1 130 INCL BITUM MATL & H LIME 430- PLAIN PC CONC PVMT, CL 1 SY 6 0140 CONC, 8 INCH THK 441- DRIVEWAY CONCRETE, 8 IN SY 80 0018 TK 441- CONC VALLEY GUTTER, 8 IN SY 230 4030 441- CURB CUT WHEELCHAIR EA 12 7011 RAMP, TYPE A 441- CURB CUT WHEELCHAIR EA 2 7012 RAMP, TYPE B 441- CURB CUT WHEELCHAIR EA 17 7014 RAMP, TYPE D 441- CONC CURB & GUTTER, 6 IN LF 5300 6012 X 24 IN, TP 2 ITB 19-PWO1 33 1 - HOME OF'THEBEST QUALITY OF LIFE IN GEORGIA' M I LTONI ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Pay Description Unit Quantity Unit Price TOTAL Item # 441- CONCRETE MEDIAN, 7 1/2 IN SY 185 0754 441- CONCRETE HEADER CURB, LF 108 5004 10 IN, TP 4 441- GRANITE HEADER CURB, 10 LF 108 5004 IN, TP 4 441- CONCRETE HEADER CURB, 6 LF 1008 5008 IN, TP 7 441- CONCRETE HEADER CURB, 4 LF 250 5025 IN, TP 9 441- CONC SIDEWALK, 4 IN SY 4200 0104 439- PLAIN PC CONC PVMT, CL 3 SY 20 0020 CONC, 9 INCH THK INTEGRALLY COLORED PC 999- CEMENT CONCRETE SY 450 1550 (STAMPED CONCRETE) 500- CLASS A CONCRETE, INCL CY 20 3800 REINF STEEL DRAINAGE ITEMS 550- STORM DRAIN PIPE, 15 IN, H LF 107 1150 1-10 550- STORM DRAIN PIPE, 18 IN, H LF 586 1 180 1-10 550- STORM DRAIN PIPE, 24 IN, H LF 333 1240 1-10 550- STORM DRAIN PIPE, 24 IN, H LF 51 1241 10-15 550- STORM DRAIN PIPE, 30 IN, H LF 255 1300 1-10 550- STORM DRAIN PIPE, 36 IN, H LF 377 1360 1-10 550- STORM DRAIN PIPE, 36 IN, H LF 40 1361 10-15 668- DROP INLET, GP 1 EA 3 2100 668- DROP INLET, GP 1, ADDL LF 3 2110 DEPTH 668- CATCH BASIN, GP 1 EA 14 1100 668- CATCH BASIN, GP 1, ADDL LF 12 1 1 10 DEPTH ITB 19-PWO1 34 1 Page HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON'k ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BIL) RtbrUNJtl Pay Description Unit Quantity Unit Price TOTAL Item # 668- STORM SEWER MANHOLE, TP EA 10 4300 1 668- STORM SEWER MANHOLE, TP LF 26 4311 1, ADDL DEPTH, CL 1 668- STORM SEWER MANHOLE, TP LF 1 4312 1, ADDL DEPTH, CL 2 668- JUNCTION BOX EA 4 2105 611- ADJUST MANHOLE TO EA 1 8050 GRADE WATER MAIN INSTALLATION 171- TEMPORARY SILT FENCE, LF 2000 0030 TYPE C 500- CLASS A CONCRETE CY 3 3101 600- FLOWABLE FILL CY 20 0001 611- ADJUST WATER METER BOX EA 2 8120 TO GRADE 611- ADJUST WATER VALVE BOX EA 2 8140 TO GRADE 670- WATER MAIN, 6 IN, DIP LF 60 1060 670- WATER MAIN, 8 IN, DIP LF 1950 1080 670- CAP OR REMOVE EXISTING EA 4 1500 WATER MAIN 670- INSERTION VALVE (8-12 IN) EA 1 2500 670- GATE VALVE, 6 IN EA 4 2060 670- GATE VALVE, 8 IN EA 6 2080 670- GATE VALVE, 10 IN EA 1 2100 670- VALVE MARKER EA 50 2002 669- TAPPING SLEEVE & VALVE EA 3 3087 ASSEMBLY 670- TAPPING SLEEVE & VALVE EA 1 3108 ASSEMBLY 670- FIRE HYDRANT EA 4 4000 ITB 19-PWO1 35 1 Page HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' I LTON*t ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Pay Description Unit Quantity Unit Price TOTAL Item # 669- WATER SERVICE LINE, 3/4 IN LF 100 5620 670- WATER SERVICE LINE, 1 IN LF 60 5010 670- WATER SERVICE LINE, 2 IN LF 50 5020 615- STEEL CASING JACK & BORE LF 40 1000 616- STEEL CASING LF 40 1001 670- RELOCATE EXISTING FIRE EA 1 9710 HYDRANT 670- RELOCATE EXISTING WATER EA 2 9720 VALVE, INC BOX 670- RELOCATE EXISTING WATER 2 9730 METER, INC BOX EA 670- REMOVE EXISTING FIRE EA 1 9920 HYDRANT 668- ADJUST MANHOLE TO EA 1 8050 GRADE SIGNING AND MARKING 636- HIGHWAY SIGNS, TP 1 MATL, SF 135 1033 REFL SHEETING, TP 9 636- HIGHWAY SIGNS, TP 1 MATL, SF 261 1036 REFL SHEETING, TP 11 636- GALV STEEL POSTS, TP 7 LF 789 2070 636- GALV STEEL POSTS, TP 9 LF 127 2090 653- THERMOPLASTIC PVMT EA 1 0120 MARKING, ARROW, TP 2 653- THERMOPLASTIC PVMT EA 4 0296 MARKING, WORD, TP 15 653- THERMOPLASTIC SOLID TRAF LF 6977 1502 STRIPE, 5 IN, YELLOW 653- THERMOPLASTIC SOLID TRAF LF 6845 1501 STRIPE, 5 IN, WHITE 653- THERMOPLASTIC SKIP TRAF GLF 230 3501 STRIPE, 5 IN, WHITE 653- THERMOPLASTIC TRAF SY 201 6006 STRIPING, YELLOW ITB 19-PWO1 36 1 Page HOME OF 'THEBEST QUALITY OF LIFE IN GEORGIA' MI LTONIIIN ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Pay Description Unit Quantity Unit Price TOTAL Item # 653- THERMOPLASTIC SKIP TRAF GLF 199 4830 STRIPE, 18 IN, WHITE 653- THERMOPLASTIC SOLID TRAF LF 76 1704 STRIPE, 24 IN, WHITE 653- THERMOPLASTIC SOLID TRAF LF 1340 1804 STRIPE, 8 IN, WHITE 654- RAISED PVMT MARKERS TP 1 EA 256 1001 THERMOPLASTIC WORD EA 2 "SCHOOL: SCHOOL ZONE LED FLASHER EA 1 EROSION CONTROL - TEMPORARY CONSTRUCT AND REMOVE 163- RIP RAP CHECK DAMS, EA 26 0527 STONE PLAIN RIP RAP/SAND BAGS 163- CONSTRUCTION EXIT EA 2 0300 163- TEMPORARY GRASSING AC 4 0232 163- MULCH TN 28 0240 163- CONSTRUCT AND REMOVE EA 2 0542 STONE FILTER RING 163- CONSTRUCT AND REMOVE EA 20 0550 INLET SEDIMENT TRAP 165- MAINTENANCE OF STONE EA 2 0111 FILTER RING 165- MAINTENANCE OF INLET EA 20 0105 SEDIMENT TRAP 165- MAINTENANCE OF ROCK EA 26 0110 FILTER DAM 165- MAINTENANCE OF EA 2 0101 CONSTRUCTION EXIT 165- MAINTENANCE OF LF 4463 0010 TEMPORARY SILT FENCE, TP A 171- TEMPORARY SILT FENCE, LF 4463 0010 TYPE A PERMANENT GRASSING ITB 19-PWO1 37 1 Page HOME OF 'THE BEST QUALITY' Or LSE Ire GEORG;A' I LTON* ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSES Pay Description Unit Quantity Unit Price TOTAL Item # 700- PERMANENT GRASSING AC 2 6910 700- AGRICULTURAL LIME TN 1 7000 700- FERTILIZER MIXED GRADE TN 0 8000 700- SOD SY 6215 9300 LANDSCAPING ITEMS TREES AMELANCHIER X 702- GRANDIFLORA "AUTUMN EA 3 0001 BRILLIANCE SERVICE BERRY 3" CAL B&B NYSSA SYLVATICA 702 'WILDFIRE'/ WILDFIRE EA 30 0700 BLACKGUM 3" CAL B&B SHRUBS DISTYLIUM 'PIIDIST-V' 702 PP27,631 /CINNAMON GIRL EA 117 0004 DISULIUM 3G 702- FOTHERGILLA GARDENII / EA 18 0005 DWARF FOTHERGILLA 3G 702- VIBURNUM OBOVANTUM EA 38 1075 'MISS SHILLERS DELIGHT' 7G GRASSES MUHLENBERGIA CAPILLARIS 702- REGAL' MIST' TM / PINK EA 75 0678 MUHLY 1G 702- PENNISTEM VILLOSUM / EA 156 0724 FEATHERTOP 1 G GROUND COVERS HYPERICUM CALYCINUM / 702 CREEPING ST. JOHN'S WORT EA 617 0009 1G SOD/SEED 702- CYNODON DACTYLON / SF 18087 0011 BERMUDA GRASS - SOD 702- FESTUCA SPP. FESCUE GRASS SF 38062 0012 SEED ITB 19-PWO1 38 1 Page HOME OF 'THEBEST QUALITY OF LIFE IN GEORGIA' M1 LTON*k ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Pay Description Unit Quantity Unit Price TOTAL Item # 702- LANDSCAPE MULCH SY 948 9025 LIGHTING ITEMS 682- CONDUIT, NONMETAL, TP 2, LF 4300 6220 1 1/4 IN 682 ELECTRICAL JUNCTION BOX EA 4 9020 682 DIRECTIONAL BORE LF 100 9950 SUB -TOTAL BID ESTIMATE Miscellaneous Construction $250,000 TOTAL PROJECT *500- CLASS A CONCRETE, INCL CY 86 3800 REINF STEEL *681- LIGHTING STD, 12 FT MH, EA 31 1 120 POST TOP *681- LIGHTING STD, 20 FT MH, 2 FT EA 11 1305 ARM *681- LUMINAIRE, TP 3, 100W, HP EA 11 6314 SODIUM *681- LUMINAIRE, TP 3, 150W, HP EA 31 6320 SODIUM *682- CABLE, TP RHH/RHW, AWG LF 12900 1505 NO 8 ELECTRICAL POWER SERVICE *682 ASSEMBLY (UNDERGROUND EA 2 8525 SERVICE POINT) *INDICATES EQUIPMENT TO BE PROVIDED AND INSTALLED BY THE GEORGIA POWER LIGHTING GROUP. ITB 19-PWO1 39 1 Page HOME OF MILTON*k ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Print Total Bid Price Number of days to fully complete FYI project (exclude weather related days): In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY ADDRESS AUTHORIZED SIGNATUR PRINT / TYPE NAME TITLE ITB 19-PWO1 40 GENERAL CONDITIONS Unless otherwise directed, all work performed under this contract shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition), and Special Provisions modifying them, except as noted below. SECTION 101 DEFINITION AND TERMS Section 10 1. 10 Delete as written and substitute the BOARD following: CITY COUNCIL OF CITY OF MILTON, GEORGIA Section 10 1. 14 Delete as written and substitute the COMMISSIONER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON Section 10 1. 16 Delete the second paragraph and substitute CONTRACT the following: The Contract Documents shall be composed of the Advertisement for Bid; Notice to Contractors; Form of Bid Proposal; General Conditions; Special Provisions; Detail Specifications, as identified in Section 105.03; Form of Contract; Form of Bond(s); Addenda; the drawings, including all changes incorporated herein before their execution; and also any Change Orders and Supplemental Agreements that are required to complete the construction of The Work in an acceptable manner, including authorized extensions thereof, all of which constitute one instrument. No oral agreement or orders are to be considered as valid or as a part of the Contract. Section 101.22 Delete as written and substitute the DEPARTMENT following: PUBLIC WORKS DEPARTMENT CITY OF MILTON ITB 19-PWOI 41 Section 101.24 ENGINEER Section 101.47 STATE HIGHWAY ENGINEER Section 101.74 SUPPLEMENTAL AGREEMENT Section 101.84 Delete as written and substitute the following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON, ACTING DIRECTLY OR THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Delete as written and substitute following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON, ACTING DIRECTLY OR THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Retain as written and substitute the following: Any Supplemental Agreement that has a dollar value amount that is less than $25,000.00 shall not require the assent of the Surety." Add: DIRECTOR OF PUBLIC WORKS CITY OF MILTON SECTION 102 - BIDDING REQUIREMENTS AND CONDITIONS Section 102.05 EXAMINATION OF PLANS, Add the following paragraph: SPECIFICATIONS, SPECIAL PROVISIONS, "The City will not be responsible for AND SITE OF THE WORK Bidders' errors or misjudgment, nor for any information on local conditions or general laws and regulations." Section 102.07 REJECTION OF PROPOSALS Add the following subparagraphs "I. The City reserves the right to reject any and all bids, to waive technicalities, and to make an award as deemed in its best interest. It is understood that all bids are made subject to this Agreement, that the City reserves the right to award the bid to 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. ITB 19-PWOI 42 1 Page Section 102.08 PROPOSAL GUARANTY Add Section 102.15 ADDENDA AND INTERPRETATION Section 102.09 DELIVERY OF PROPOSALS: "J. The City also reserves the right to reject any and all bids from any person, firm, or corporation who is in arrears in any debt or obligation to The City of Milton, Georgia." Substitute the following for the first sentence "No bid will be considered unless it is accompanied by an acceptable bid bond an amount not less than five percent (5%) of the amount bid and made payable to City of Milton, Georgia. Such Bid Bond shall be on the forms provided by the City." Delete in its entirety and substitute the following: Bids shall be submitted on the Bid Form provided by the City. The bid package as described in Notice to Contractors, Page 1 must be submitted with the bid. Failure to do so could result in the omission of pertinent documents and the rejection of the apparent low bid." Add the following as 102.15: "No interpretation of the meaning of the Contract Documents will be made orally to any Bidder. Any request for such interpretation should be in writing addressed to the Purchasing Department, The City of Milton 2006 Heritage Walk Milton, Ga. 30004. TEL. 678/242-2500, FAX 678/242- 2499.Each such interpretation shall be given in writing, separately numbered and dated, and furnished to each interested Bidder. Any request not received in time to accomplish such interpretation and distribution will not be accepted. SECTION 103 - AWARD OF AWARD AND EXECUTION OF CONTRACT ITB 19-PWOI 43 1 Page Section 103.02 AWARD OF CONTRACT Section 103.05 REQUIREMENTS OF CONTRACT BONDS Section 103.07 FAILURE TO EXECUTE CONTRACT Delete in its entirety and substitute the following: "The contract, if awarded, shall be awarded to the lowest responsible bidder. The City of Milton reserves the right to exercise exclusive discretion as to the responsibility of any bidder. The contract shall be executed on the forms attached, will be subject to all requirements of the Contract Document, and shall form a binding Contract between the contracting parties." Delete in its entirety and substitute the following: "At the time of the execution of the contract, and as a part thereof, the successful bidder shall furnish Contract Bond Below: Performance Bond in the full amount of the contract. Payment Bond in the full amount of the contract. Maintenance bond in the amount of one-third (1/3) of the contract. " Delete in its entirety and substitute the following: "Failure to execute the Contract Performance, Payment or Maintenance Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days after the date of Notice of Award of the Contract, may be just cause for the annulment of the award and for the forfeiture of the proposal guaranty to the City of Milton, not as a penalty, but as liquidation of damages sustained. At the discretion of the City, the award may then be made to the next lowest bidder, may be re -advertised, or may be constructed by City forces. The Contract and Contract bonds shall be executed in quadruplicate." SECTION 107 - LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC ITB 19-PWOI 44 1 Page Section 107.18 ACQUISITION OF RIGHT OF WAY Section 107.21 CONTRACTORS RESPONSIBILITY FOR UTILITY PROPERTY AND SERVICE SECTION 109 Section 109.07 PARTIAL PAYMENTS Section 109.08 FINAL PAYMENT Add the following paragraph: "The Contractor shall inspect all easements and rights-of-way to ensure that the City has obtained all land and rights-of-way necessary for completion of the Work to be performed pursuant to the Contract Documents. The Contractor shall comply with all stipulations contained in easements acquired by the Department." Add the following sentence to Paragraph A: "The Contractor is responsible for the location of above and below ground Utilities and structures which may be affected by the Work." MEASUREMENT AND PAYMENT Delete the first sentence of the Second Paragraph under `A. General" As long as the gross value of completed work is less than 50% of the total Contract amount, or if the Contractor is not maintaining his construction schedule to the satisfaction of the Engineer, the Department shall retain 10% of the gross value of the work that has been completed as indicated by the current estimate certified by the Engineer for payment. Delete in its entirety and substitute the Following: "Final Payment: Upon completion by the Contractor of the work, including the receipt of any final written submission of the Contractor and the approval thereof by the Department, the CITY will pay the Contractor a sum equal to 100 percent (100%) of the compensation set forth herein, less the total of all previous partial payments, paid or in the process of payment. ITB 19-PWOI 45 1 Page The Contractor agrees that acceptance of this final payment shall be in full and final settlement of all claims arising against the CITY for work done, materials furnished, costs incurred, or otherwise arising out of this Agreement and shall release the CITY from any and all further claims of whatever nature, whether known or unknown for and on account of said Agreement, and for any and all work done, and labor and materials furnished, in connection with same." ITB 19-PWOI 46 1 'NOTICE TO CONTRACTORS' EPD AIR QUALITY RULES ON OPEN BURNING REFER TO CHAPTER 391-3-1-02-05 For additional/information, please contact: Georgia Department of Natural Resources Environmental Protection Division Air Protection Branch 4244 International Parkway, Suite 120 Atlanta, GA 30354 404/363-7000; 404/362-2534 - FAX ITB 19-PW01 47 1 - Sample Contract Intentionally Omitted �Ak MILTON'W* ESTABLISHED 2006 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 19-PWO1 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@citvofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL ADDRESS: Signature ADDENDUM #1 Date ITB 19-PW01 1 This Addendum forms a part of the contract documents and modifies the original RFP documents as noted below: Provide two additional driveways aprons with stamped colored crosswalks at stations 12+10 Right and 13+40 Right. Quantities in the bid schedule have been updated to reflect this addition. Install 56 feet of 8" DIP sewer line and sewer manhole B-2 per SEWER REVISION (https://files.secureserver.net/OsYOAfJYPYGici) info provided (this is a separate plan exhibit and not included in the final construction plan set). Tie into structure B-1 by others. Quantities in the bid schedule have been updated to reflect this addition. Storm line to be revised per STORM REVISION (https://files.secureserver.net/OsFpph9rYZOZI J) info provided (this is a separate plan exhibit and not included in the final construction plan set). Structure A-10 is to be moved approximately 35 feet from A-9 in driveway (behind crosswalk) and the invert of Str A-9 is to be lowered to 1 101. Quantities in the bid schedule have been updated to reflect this modification. There are at least 4 adjacent developments that will be underway at the same time as this roadway project. Access, grading, and earthwork to be coordinated between the developments and the roadway project. These include parcels 1 (The Market District at Crabapple), 3 & 4 (Town Center East), 5, 6 & 7 (Lakeside at Mayfield), and 9 (Crabapple Corners). Sheet 03-001 of the plan set (links below) has been updated to show revisions made from original posted plans. Updated plan set is available to download at FINAL CONSTRUCTION PLANS (https://files.secureserver.net/OsOIUHrSB4gCaA). Updated bid schedule included in addendum to be submitted with bid ITB 19-PW01 2 1 REVISED BID SCHEDULE -- THIS REPLACES ORIGINAL IN BID DOCUMENT Pay Description Unit Quantity Unit Price TOTAL Item # TRAFFIC CONTROL 150- TRAFFIC CONTROL - USER UNIT LS 1 1000 PRICE ROADWAY ITEMS 210 GRADING COMPLETE LS 1 0100 RECYCLED ASPH CONC 402- LEVELING, INCL BITUM MATL & H TN 250 1812 LIME 432- MILL ASPH CONC PVMT, SY 4000 5010 VARIABLE DEPTH RECYCLED ASPH CONC 12.5 402- MM SUPERPAVE, GP 2 ONLY, TN 800 3130 INCL BITUM MATL & H LIME RECYCLED ASPH CONC 19 MM 402- SUPERPAVE, GP 1 OR 2,INCL TN 550 3190 BITUM MATL & H LIME RECYCLED ASPH CONC 25 MM 402- SUPERPAVE, GP 1 OR 2, INCL TN 1100 3121 BITUM MATL & H LIME 310- GR AGGR BASE CRS, INCL MATL TN 3975 1101 413- TACK COAT GL 700 0750 430- PLAIN PC CONC PVMT, CL 1 SY 6 0140 CONC, 8 INCH THK 441- DRIVEWAY CONCRETE, 8 IN TK SY 80 0018 441- CONC VALLEY GUTTER, 8 IN SY 300 4030 441- CURB CUT WHEELCHAIR RAMP, EA 12 7011 TYPE A 441- CURB CUT WHEELCHAIR RAMP, EA 2 7012 TYPE B 441- CURB CUT WHEELCHAIR RAMP, EA 17 7014 TYPE D 441- ICONC CURB & GUTTER, 6 IN X LF 5300 6012 124 IN, TP 2 441- CONCRETE MEDIAN, 7 1/2 IN SY 185 0754 441- CONCRETE HEADER CURB, 10 LF 108 5004 IN, TP 4 441- GRANITE HEADER CURB, 10 IN, LF 108 5004 TP 4 441- ICONCRETE HEADER CURB, 6 IN, LF 1008 5008 TP 7 441- CONCRETE HEADER CURB, 4 IN, LF 250 5025 TP 9 441- CONIC SIDEWALK; 4 IN SY 4200 0104 439- PLAIN PC CONIC PVMT, CL 3 SY 20 0020 CONC, 9 INCH THK INTEGRALLY COLORED PC 439- CEMENT CONCRETE (STAMPED SY 20 0022 CONCRETE) 6" INTEGRALLY COLORED PC 439- CEMENT CONCRETE (STAMPED SY 500 0022 CONCRETE) 10" 500- CLASS A CONCRETE, INCL REINF CY 20 3800 STEEL DRAINAGE ITEMS 550- STORM DRAIN PIPE, 15 IN, H 1- LF 107 1150 10 550- STORM DRAIN PIPE, 18 IN, H 1- LF 586 1180 110 550- STORM DRAIN PIPE, 241N, H 1- LF 343 1240 10 550- STORM DRAIN PIPE, 24 IN, H 10- LF 51 1241 15 550- STORM DRAIN PIPE, 30 IN, H 1- LF 255 1300 10 550- STORM DRAIN PIPE, 36 IN, H l- LF 377 1360 10 550- STORM DRAIN PIPE, 36 IN, H 10- LF 40 1361 15 668- DROP INLET, GP 1 EA 3 2100 668- DROP INLET, GP 1, ADDL DEPTH LF 3 2110 668- CATCH BASIN, GP 1 EA 14 1100 668- CATCH BASIN, GP 1, ADDL LF 12 1110 DEPTH 668- STORM SEWER MANHOLE, TP 1 EA 10 4300 668- STORM SEWER MANHOLE, TP 1, LF 26 4311 IADDL DEPTH, CL 1 668- STORM SEWER MANHOLE, TP 1, LF 1 4312 ADDL DEPTH, CL 2 668- JUNCTION BOX EA 4 2105 611- ADJUST MANHOLE TO GRADE EA 1 8050 WATER MAIN INSTALLATION 171 TEMPORARY SILT FENCE, TYPE C LF 2000 0030 500- CLASS A CONCRETE CY 3 3101 600- FLOWABLE FILL CY 20 0001 611- ADJUST WATER METER BOX TO EA 2 8120 GRADE 611- ADJUST WATER VALVE BOX TO EA 2 8140 GRADE 670- WATER MAIN, 6 IN, DIP LF 60 1060 670- WATER MAIN, 8 IN, DIP LF 1950 1080 670- CAP OR REMOVE EXISTING EA 4 1500 WATER MAIN 670- INSERTION VALVE (8-12 IN) EA 1 2500 670- GATE VALVE, 6 IN EA 4 2060 670- GATE VALVE, 8 IN EA 6 2080 670- GATE VALVE, 10 IN EA 1 2100 670- VALVE MARKER EA 50 2002 669- TAPPING SLEEVE & VALVE EA 3 3087 ASSEMBLY 670- TAPPING SLEEVE & VALVE EA 1 3108 ASSEMBLY 670- FIRE HYDRANT EA 4 4000 669- WATER SERVICE LINE, 3/4 IN LF 100 5620 670- WATER SERVICE LINE, 1 IN LF 60 5010 670 WATER SERVICE LINE, 2 IN LF 50 5020 615- STEEL CASING JACK & BORE LF 40 1000 616- STEEL CASING LF 40 1001 670- RELOCATE EXISTING FIRE EA 1 9710 HYDRANT 670- RELOCATE EXISTING WATER EA 2 9720 VALVE, INC BOX 670- RELOCATE EXISTING WATER EA 2 9730 METER, INC BOX 670- REMOVE EXISTING FIRE EA 1 9920 HYDRANT 668- ADJUST MANHOLE TO GRADE EA 1 8050 SANITARY SEWER 660- SAN SEWER PIPE, 8 IN DUCTILE LF 60 0808 IRON 668- SAN SEWER MANHOLE, TP 1 EA 1 3300 SIGNING AND MARKING 636- HIGHWAY SIGNS, TP 1 MATL, SF 135 1033 REFL SHEETING, TP 9 636- HIGHWAY SIGNS, TP 1 MATL, SF 261 1036 REFL SHEETING, TP 11 636- GALV STEEL POSTS, TP 7 LF 789 2070 636- GALV STEEL POSTS, TP 9 LF 127 2090 653- THERMOPLASTIC PVMT EA 1 0120 MARKING, ARROW, TP 2 653- THERMOPLASTIC PVMT EA 4 0296 MARKING, WORD, TP 15 653- ITHERMOPLASTIC SOLID TRAF LF 6977 1502 ISTRIPE, 5 IN, YELLOW 653- THERMOPLASTIC SOLID TRAF LF 6845 1501 STRIPE, 5 IN, WHITE 653- THERMOPLASTIC SKIP TRAF GLF 230 3501 STRIPE, 5 IN, WHITE 653- THERMOPLASTIC TRAF STRIPING, SY 201 6006 YELLOW 653- THERMOPLASTIC SKIP TRAF GLF 199 4830 STRIPE, 18 IN, WHITE 653- THERMOPLASTIC SOLID TRAF LF 76 1704 STRIPE, 24 IN, WHITE 653- THERMOPLASTIC SOLID TRAF LF 1340 1804 STRIPE, 8 IN, WHITE 654- RAISED PVMT MARKERS TP 1 EA 256 1001 THERMOPLASTIC WORD EA 2 "SCHOOL: SCHOOL ZONE LED FLASHER EA 1 EROSION CONTROL - TEMPORARY 163- RAP CHECK DAMS, STONE EA 26 0527 163- CONSTRUCTION EXIT EA 2 0300 163- TEMPORARY GRASSING AC 4 0232 163- MULCH TN 28 0240 163- CONSTRUCT AND REMOVE EA 2 0542 STONE FILTER RING 163- CONSTRUCT AND REMOVE EA 20 0550 INLET SEDIMENT TRAP 165- MAINTENANCE OF STONE FILTER EA 2 01 1 1 RING 165- MAINTENANCE OF INLET EA 20 0105 SEDIMENT TRAP 165- MAINTENANCE OF ROCK FILTER EA 26 0110 DAM 165- MAINTENANCE OF EA 2 0101 CONSTRUCTION EXIT 165- MAINTENANCE OF TEMPORARY LF 4463 0010 ISILT FENCE, TP A 573- UNDERDRAIN PIPE INCLUDING LF 100 2006 DRAINAGE AGGREGATE 6" 171 TEMPORARY SILT FENCE, TYPE A LF 4463 0010 PERMANENT GRASSING 700- PERMANENT GRASSING AC 2 6910 700- AGRICULTURAL LIME TN l 7000 700- FERTILIZER MIXED GRADE TN 1 8000 700 SOD SY 6215 9300 LANDSCAPING ITEMS+ TREES 702 "AUTUMN BRILLIANCE SERVICE EA 3 0001 NYSSA SYLVATICA'WILDFIRE'/ 702 WILDFIRE BLACKGUM 3" CAL EA 30 0700 B&B SHRUBS DISTYLIUM 'PIIDIST-V' 702- PP27,631 /CINNAMON GIRL EA 117 0004 DISULIUM 3G 702- FOTHERGILLA GARDENII / EA 18 0005 DWARF FOTHERGILLA 3G 702- VIBURNUM OBOVANTUM'MISS EA 38 1075 SHILLERS DELIGHT' 7G GRASSES 702 'REGAL' MIST' TM / PINK MUHLY EA 75 0678 702- PENNISTEM VILLOSUM / EA 156 0724 FEATHERTOP 1 G GROUND COVERS 702- HYPERICUM CALYCINUM / EA 617 0009 CREEPING ST. JOHN'S WORT 1 G SOD/SEED 702- CYNODON DACTYLON / SF 18087 0011 BERMUDA GRASS - SOD 702- IFESTUCA SPP. FESCUE GRASS SF 38062 0012 ISEED 702- LANDSCAPE MULCH SY 948 682- CONDUIT, NONMETAL; TP 2, 1 LF 4300 6220 1/4 IN 682- ELECTRICAL JUNCTION BOX EA 4 9020 682 DIRECTIONAL BORE LF 100 9950 SUB -TOTAL BID ESTIMATE Miscellaneous Construction $250,000 TOTAL PROJECT *500- CLASS A CONCRETE, INCL REINF CY 86 3800 STEEL *681- LIGHTING STD, 12 FT MH, POST EA 31 1120 TOP *681- LIGHTING STD, 20 FT MH, 2 FT EA 1 1 1305 ARM *681- LUMINAIRE, TP 3, 100W, HP EA 11 6314 SODIUM *681- LUMINAIRE TP 3, 150W, HP EA 31 6320 SODIUM *682- CABLE, TP RHH/RHW, AWG NO LF 12900 1505 8 ELECTRICAL POWER SERVICE *682 ASSEMBLY (UNDERGROUND EA 2 8525 SERVICE POINT *INDICATES EQUIPMENT TO BE PROVIDED AND INSTALLED BY THE GEORGIA POWER LIGHTING QUESTIONS AND ANSWERS: I have several questions related to Pay Item # 999-1550 Integrally Colored PC Cement Concrete (Stamped Concrete): o Please provide Special Provision 999. Change to item #439-0022. o What is the color of the Integrally Colored concrete? Color chart to be provided to City to determine earthtone color consistent with other roundabouts in Crabapple area o What is the compressive strength (psi) or Class of concrete? See GDOT specification 430. o The Summary of Quantities on sheet 06-002 shows this item is used for multiple items (crosswalk, median & roundabout). Since this item is paid per SY, please clarify what depth of concrete should be used. Medians are 6" and crosswalks and roundabout are 10". o Since the 3 different items may have different thicknesses, please consider splitting this pay item into multiple pay items based on thickness. Updated bid schedule is provided to allow prices for each thickness 2. 1 have several questions related to Pay Item # 430-0140 Plain PC Conc Pvmt, Cl 1 Conc, 8" Thick: o The Summary of Quantities on sheet 06-001 shows the quantity equals 2 SY. But the bid proposal equals 6 SY. Please clarify the scope of the additional 4 SY. The total amount is 6 SY. o Specification Section 430 states that Class 1 Concrete equals 3,000 psi compressive strength. The plans state that the concrete will be 4,000 psi. Please clarify which is correct. Use Class 1 Concrete per the Specifications compressive strength. o Specification Section 430 requires specific equipment for concrete paving, i.e. slip -form paver, mechanical Lining/finishing, profilograph, etc. Please clarify if these will be required. The pay item has been changed to 439-0018 refer to this section's requirements. o Class 1 Paving concrete is typically used on projects greater than 50,000 SY. This is because this class of concrete is produced by an on-site concrete plant. Please change the concrete to Class 3 Paving concrete (Section 439) or to a Section 500 mix, since this is not a concrete paving scope of work. This pay item has been changed to 439-0018. 3. Pay Item # 439-0020 Plain PC Conc Pvmt, Cl 3 Conc, 9" is shown in the Summary of Quantities on sheet 06-001. Based on the station range on sheet 06-001, this item is not shown in the roadway plans (sheet 13-003). Please clarify the scope of this work. This pay item is no longer used in the project and the table on 06-001 has been removed. ITB 19-PW01 4 1 4. Please provide a wall profile for the Sidewalk Turn Up Wall. There are no cross- sections for the location of the wall. And it is not shown on the Typical Sections. This will either be a granite curb at the back of sidewalk or a 10" header curb. 5. General note # 11 on drawing 04-001 says to place underdrain in wet areas as directed by the engineer. The contractor has no way of quantifying this prior to the bid. Would the city establish a pay item for underdrain by the foot? See updated bid schedule 6. In the plans sheet 05-001 shows a full depth typical section listed for two Mayfield Rd locations. These same station ranges also have an overlay typical on plan sheet 05-004. The staging plans (sheets 19-001 through 19-004) do not show the road being closed, indicating Mill and Overlay for Mayfield Rd and Charlotte Dr. This also conflicts with the roundabout typical that shows full depth paving adjacent to the truck apron. The Charlotte Dr typicals for this station range also show full depth, while the staging plans and the cross- sections (sheets 23-001 to 23-008) show overlay. Would the city please clarify what is correct? The correct typical section for the Mayfield station ranges in question are located on sheet on sheet 05-004, the Mayfield station ranges on 05-001 have been removed. The existing pavement at the intersection of Charlotte Drive and Mayfield should be overlaid. Bid item 402-3130 (800 Ton) and 402-1130 (100 Ton) have exactly the some Description on the Bid Schedule, however the plans tell us that the 100 Tons is for 12.5mm with Polymer. Will the description in 402-1130 be correct to include the Polymer? The bid number should be 402-3130. The name has been updated on sheet 06-001under Miscellaneous Roadway Quantifies. These bids items have been consolidated into bid item# 402-3130 with a quantity of (800 Ton). 8. How/where do you intend to use the 100 Tons of 12.5mm Polymer called for on plan sheet 06-001 ? The 100 tons of 12.5 mm superpave table on plan sheet 6-001 has been appended with a note "TO BE USED AS DIRECTED BY ENGINEER" 9. On page 22 of the proposal there is a link that takes us to Plans for this project, however the plans are labeled as Project # 18-PW08 Charlotte Drive Extension. Is 19-PWO1 NE Crabapple Connector and 18-PW08 Charlotte Drive Extension one in the same projects? Yes, these are the same projects. ITB 19-PW01 5 1 10. Regarding "ITB 19-PWO1, NE Crabapple Connector Project, the Name & ITB number of project found on cover sheet of plan set and found in documents are not matching. Can you please correct/revise this? See answer in question #9. 11. On page 25 under Prosecution & Progress you tell us that "The time of completion for the project is 280 calendar days from the date of the Notice to Proceed. If weather affects the required completion schedule, the City and selected contractor will negotiate a new completion date." However then on page 40 you ask us to declare the "Number of Days to fully complete FY 19 Project (exclude weather related days). o First, what is FY 19? The fiscal year (FY19 10/01/2018-9/30/2019) in which we issue the bid o Second, it seems that the answer to this should be 280 Calendar Days, correct? It should be the actual estimated amount of time to complete. The contract will be written for 280 days from notice to proceed and liquidated damages will be assessed per contract based on actual completion. o Third, if something other than 280 Calendar Days is written in the space will this time duration become contractual? The contract will be written for 280 days and liquidated damages will be assessed per contract based on actual completion. 12. Is this project classified or unclassified being that we do not have access to any of the parcels? Bid as unclassified. Right of way will be acquired by notice to proceed. ITB 19-PWO1 6 1 L� N -0" 1K MILTONb't ......L1511[.= ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #2 ITB 19-PWO1 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk 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 ITB. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: ZI P: PHONE: FAX: EMAIL ADDRESS: Signature ADDENDUM #2 Date CF _ ADDENDUM #2 ITB 19-PWOI Questions and Answers This Addendum forms a part of the contract documents and modifies the original ITB documents as noted below: • The answer for Question #2 stated that Pay Item #430-0140 was changed to 439- 0018. However, the revised bid form issued in Addendum # 1 stills shows this pay item as 430-0140. Please revise the bid form for this pay item. See updated bid schedule included in this Addendum #2 • The answer for Question #3 stated that Pay Item #439-0020 was removed from the plans and was no longer required. However, this pay item is still shown in the bid form. Please remove this pay item from the bid form. See updated bid schedule included in this Addendum #2 The answer for Question #4 stated that the Sidewalk Turn Up at Sta 61+00 to 62+50, Mayfield Rd, would be built using granite curb or 10" header curb in lieu of Class A Concrete, including Reinf Steel. This would indicate that the Pay Item #500-3800 would no longer be required and this item should be removed from the bid form. However, the bid form still contains this pay item. Please remove this pay item from the bid form. See updated bid schedule included in this Addendum #2 The answer for Question # 12 stated that this bid is unclassified and that R.O.W. will be acquired by notice to proceed. By saying this project is unclassified, that is putting the burden of any rock on the project on the contractor. Since R.O.W. is not currently acquired and the contractor is not allowed to test dig the project, would the city please establish a rock pay item in the event any rock is encountered? Or will the city work out a supplemental agreement if rock is in fact found? The City will work out a supplemental agreement. — REVISED BID SCHEDULE IS PROVIDED BELOW No Text HOhd OF �1 �\4 I L I o HTS KISIICD 2006 CITY OF MILTON INVITATION TO BID (THIS IS NOT AN ORDER) Bid Number: Project Name: 19-PWO1 NE Crabapple Connector Project Due Date and Time: City of Milton November 15, 2018 Number of Pages: 113 Local Time: 2:00pm Special Instructions: ISSUING DEPARTMENT INFORMATION Issue Date: October 18, 2018 City of Milton Phone: 678-242-2500 Public Works Department Fax: 678-242-2499 2006 Heritage Walk Website: www.cityofmiltonga.us Milton, GA 30004 INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/ Package: CMES,INC. Bid Number: 19-PWO1 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office Special Instructions: 2006 Heritage Walk Milton, GA 30004 Deadline for Written Questions Bidder Federal I.D. Number: November 1, 2018 at 5:00 pm 58-2331087 Email questions to Honor Motes at 'IDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE honor.motes@cityofmittonga.us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authorized Bi naiory: CMES,INC. 6555 McDonough Drive, Chat a a, CEO/Secr (Please print name and siX In Ink) Norcross, Ga. 30093 Bidder Phone Number: Bidder FAX Number: 770-982-1905 770-982-1907 Bidder Federal I.D. Number: Bidder E-mail Address: chatur.c@cmeslnc.net 58-2331087 pravin.p@cmesinc.net 'IDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE OWO1 ToDic Definitions 3 Invitation to Bid 4 Schedule of Events 6 Bidding Instructions (What must be submitted) 7 Insurance/Bond Requirements 8 Bid Form and Addenda Acknowledgement 13 Bid Bond (3 pages) 15 Qualifications Signature and Certification 18 Corporate Certificate 18 List of Subcontractors 19 Contractor Affidavit and Agreement (eVerify) 20 Disclosure Form 21 Project Specifications 22 Bid Submittal Form (8 pages) 32 General Conditions 41 EPD Air Quality Rules 47 Sample Contract Agreement 48 ITB 19 -PWD] 2 1 P,; r DEFINITIONS COMPW: City of Milton Public Works Department CY: Cubic Yard GDOT: Georgia Department of Transportation ENGINEER: The City of Milton Director of Public Works or a duly authorized representative. ADA: Americans with Disabilities Act EA: Each GAL: Gallon LF: Lineal Feet LM: Lineal Mile LS: Lump Sum SY: Square Yard TN: Ton MUTCD: Manual on Uniform Traffic Control Devices OSHA: Occupational Safety and Health Administration FHWA: Federal Highway Administration AASHTO: American Association of State Highway and Transportation Officials ITB 19-PWOI 3 1 N o c,3 ,- HOME OF'THE EEJT QLALJ` G= 0 ii. GECRG.A' M I LTO, NTIP ESTABLISHED 2006 Invitation to Bid 19-PWO1 The City of Milton is accepting sealed bids from qualified firms for the FYI NE Crabapple Connector Project for the Public Works Department in conformance with Title 32, Chapter 4, Article 4, Part 2 of the Official Code of Georgia Annotated. All work will be done in accordance with Georgia Department of Transportation's (GDOT) Standard Drawings, Standard Specifications, and Pay Items Index as standards and specifications for the construction and completion of the work required. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. Sealed bids will be received no later than 2:00 PM Local Time on November 15, 2018. Sealed bids shall be submitted to: City of Milton Attn: Honor Motes, Purchasing Office, 2006 Heritage Walk Milton, GA 30004. At approximately 2:10 PM Local Time on the day bids are received the bids will be publicly opened and the bidder's name and total bid amount will be read aloud at: City of Milton City Hall, 2006 Heritage Walk, Milton, GA 30004. Bids received after the above time or in any other location other than the Purchasing Office will not be accepted. Bids shall be presented in a sealed envelope with the bid number (19-PW01) and the name of the company or firm submitting clearly marked on the outside of the envelope. ONE (1) ORIGINAL (PAPER) AND TWO (2) COPIES (PAPER) AND A PDF COPY OF THE BID ON CD or FLASH DRIVE MUST BE SUBMITTED. Bids will not be accepted verbally, by fax, or email. Questions must be in writing. For questions, please email Honor Motes at honor.motes@cityofmiltonga.us. Deadline for questions is November 1, 2018 at 5:OOpm. Official answers to questions and potential changes to the ITB (Addendums) will be posted at the some web locations as the ITB on or about November 6, 2018. Any other form of interpretation, correction, or change to this ITB will not be binding upon the City. It is the bidder's responsibility to check the websites for potential updates. Please refer to Bid (19-PWO1) and bid name (NE Crabapple Connector Project) when requesting information. The City of Milton reserves the right to reject any or all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. The selected contractor must be able to start work within ten (10) calendar days ITB 19-PWOI 4 1 after the "Notice to Proceed" is issued. The time of completion for the project is to be determined prior to the issuance of the "Notice to Proceed." If weather affects the required completion schedule, The City and selected contractor will negotiate a new completion date. Section 108.08 of the State of Georgia Department of Transportation Standard Specifications Construction of Transportation Systems (current edition) shall be applied. *Important to remember when submitting digital files: 1. Mark all CD's or Flash Drives with Bidder's name and ITB number and title. 2. All digital files must be in either (unless otherwise specified within this document): a. Microsoft Office file format or b. Portable Document Format (PDF). 3. Use caution in creating the electronic files. If the City is unable to open files due to data -corruption, password or encryption error, etc., the Bidder's proposal may be considered incomplete. 4. NOTE All digital copies must include exactly the same information as provided in the hard copy "Original". ITB 19-PWO1 5 1 P c (J SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE EVENT DATE ITB Issue Date October 18, 2018 Deadline for Receipt of Written Questions 5 PM on November 1, 2018 Posting of Written Answers by City to Websites on or about November 6, 2018 ITB DUE No Later than 2:00 PM on November 15, 2018 Tentative Contract Award (on/about) December 17, 2018 Notice to Proceed (on/about) To be coordinated with the Contractor NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltongo.us) FOR ADDENDA AND SCHEDULE UPDATES. ITB 19-PWO1 6 FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) 1 Filled out and Signed Invitation to Bid (Cover Sheet) 1 2 Bid Form and Addenda Acknowledgement (2 pages) 13-14 3 Bid Bond (3 pages) 15-17 4 Qualifications Signature and Certification 18 5 List of Subcontractors 19 6 Contractor Affidavit and Agreement (eVerify) 20 7 Disclosure Form 21 8 Bid Submittal Form (8 pages) 32-39 The purpose of this solicitation is to enter into a unit price "purchasing contract" with one firm to be the primary supplier of the NE Crabapple Connector Project, ITB 19-PW01. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. Unless clearly shown as "no substitute" or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturer's number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. The City reserves the right to cancel the contract at any time with thirty (30) days ITB 19-PW01 7 1 F ":. c- written notice. Title to any supplies, materials, equipment or other personal property shall remain the Contractors' until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor's expense to the complete satisfaction of the City of Milton with no additional expense to the City. The City intends to evaluate the ITB on the lowest, responsible, and responsive bidder. Bids may be found nonresponsive at any time during the evaluation or contract process, if any of the required information is not provided; the submitted price is found to be inadequate; or the proposal is not within the specifications described and required in the ITB. If a bid is found to be non- responsive or non-qualified, it will not be considered further. Within ten (10) days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rafting A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7.K). (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject ITB 19-PWO1 8 1 P (I <<I C- to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies ITB 19-PWO] 9 shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested,. has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) 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. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has ITB 19-P WO l 10 1 P cl c1 , , been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers' Compensation policy. Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project strictly within the terms and conditions stated in this bid and in the bidding and contract documents, should the construction contract be awarded. The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE BONDS for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the base bid price. The Successful Bidder shall also be required to furnish a MAINTENANCE BON®, in the amount of one-third (1 /3) of the contract price, guaranteeing the repair or replacement caused by defective workmanship or materials for a period of two (2) years from the completion of construction. Bonds shall be issued by a corporate surety appearing on the Treasury ITB 19-PW01 11 1 F r: f-- Department's most current Fist (Circular 570 as amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. Date of Bond must not be prior to date of Contract. if Contractor is a Partnership, all partners shall execute Bond. Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e). W63*9611112 21,1144 721,11 ,: The costs for developing and delivering responses to this ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton. ITB 19-PWO1 12 1 F c, (.! ,- HOME OF 17-4E BEST C.;ALIT" OF LIFE IN GEORG A' iVI t LTON-4t ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 19-PW01 NE Crabapple Connector Project The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid. ITB 19-PWO1 13 The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces within ten (10) calendar days from the Notice to Proceed, and to complete all Work as scheduled in Task Order(s) issued. If weather affects the required completion schedule, the City and selected Bidder will negotiate a new completion date. Attached hereto is an executed Bid Bond in the amount of %Dollars ($ (Five Percent of Amount Bid). If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. 4"02 Date viewed 11(141 K,6- 111 ,6- 1111- r4 -- Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this 15th day of Nov _2018 Bidder CMES, INC. 1 `oPPoR4' Company Name 5� _ Bidder Mailing Address: cfoaG`P' 6555 McDonough Drive, '�''�i,,►►��������`��` Norcross, GA -30093 Signature Print Name Chatur B.Chhabhava Title: CEO/Sec ITB 19-PWOI 14 1 r' c-! HOME OF r -t M LT . ON'ifks ESTABLISHED 2006 [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): CMES, Inc. 6555 McDonough Drive, Norcross, GA 30093 SURETY (Name and Address of Principal Place of Business): Westport Insurance Corporation 1450 American Lane Suite 1100 Schaumburg IL 60173 OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 2006 Heritage Walk Milton, Georgia 30004 BID BID DUE DATE: November 15, 2018 PROJECT (Brief Description Including Locatio Bid Number: 19-PW01 NE Crabapple Connector Project BOND NUMBER: TBD11052018 DATE (Not later that Bid due date): November 5, 2018 PENAL SUM: Five Percent of Bid Amount 5% of bid (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly cxSpwfegj, on its behalf by its authorized officer, agent or representative. �.`�ES, INc% G. BIDDER Z.4000'14A SURETY SEA� CMES Inc. = l e01) Westport Insurance Corporation (Seal) Bidder's Name and��tx ss 1 ; Suret s Name and Corporate Seal By: �� Signature and Title: 7, 71 �"Y1i By: Attest: -iak ITB 19-P WO 1 Signature and Title: Edward Mooney, Attomey-in-Fact (Attach Power of Attorney) Attes C . J �� Tonya I insey 15 1 SNVISS RE CORPORATE SOLUTION'S NORTH AMERICAN SPECIALTY INSURANCE COMPANY 'WASHiNGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENIERAL, PONVER OF ATTORINEY KNONV ALI. MEN BY THESE PRESENTS. TI IAT North American Specialty Insurance Company", a corporation duly organized and existing under lairs of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park. Kansas, and Westport Insurance Corporation, organized under the laths of the State of Missouri, and hat Ing its principal office in the City of Overland Park, Kansas each does hereby make, constitute and appoint: EDWARD MOONEY. ROBERT CARLETON WYNNE, and KATARZYNA GRIFFIN JOINTLY OR SEVERALLY Its true and lawful rkttorney(s)-in-Fact, to make, execute, seal and deliver. for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by late, regulation, contract or oihenrise. provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of ONE HUNDRED TW> N'TY FIVE MILLION ($125.000,000.00) DOLLARS This Poster of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by v. fitten consent of its Executive Committee dated July 18, 2011. "RESOLVED. that any two of the President, any Senior Vice President, any Vice President. any .Assistant Vice President. the Secretary or any Assistant Secretary be. and each or any of them hereby is authorized to execute'a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company` bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Poyser of Attorney and to attach therein the seal of the Company: and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Potter of Attorney or to any certificate relating thereto by facsimile, and any such Potter of Attorney or certificate bearing such facsimile. signatures or facsimile seal shall be binding upon the Company schen so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." uttttpWuof/,/// /A`//i�/� ryS i a,�„ tnNlutrp�, AiIONq�/Ns� SG % V6 pAPOgt 4 a .�rc..EoRCronr SEAL p: By" ----- Str:en , , n ermn.. rnmr ua rest eat n as mgtou InternationalInsurance ('ompam F �� ...,,.•r f y ° �t n.C� SEAL O = W ym 1973 M= 0 .m M &Senior t ice President of North American Speeiair) (nsurance C umpan) & Senior %ice Prrtidentof Westport Insurance Corporation. .• 'ate yaaays y Bs /° •......•••' �011,90 hike A. Ito, Senior t'iec President of t\asfiin�ton Intern -i-1 Insonate C. -P..)& & Senior t'ice President of.North .americao specinh) Insurance Cnmpan) & Senior Vice President or M'"ritorr lnsurunce Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seats to be hereunto affixed, and these presents to be signed by their authorized officers this this 08 day of _ JANUARY� . 20 18 . North .American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cool, ss: On this 08 day of IANL'ARY It' 18, before me, a Notary Public personal[ appeared Steven P. Anderson , Senior Vice President of Washinetun international Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and -Llichael. A. Ito Senior Vice PresidentofWashington international Insurance Company and Senior Vire President of North American Specialty Insurance Company and Senior Vice President of- Westport insurance Corporation, personal]} known to me, ttho being by me duly styont, acknowledged that they signed the above Power of Atturnev as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. _ =IC-FFICIALEAL Ytz i al .ryt M. Kenny, Notary Public I, Jaffrey Goldberg the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company, and Westport Insurance C'orporatior, do hurehy certify that the above and foregoing is a true and correct copy of a Power of Attomev given by said North American Specialty Insurance Company, Washington Intemational Insurance Company and Westport Insurance Corporation which is still in full force and effect. ve set my hand and affixed the scats of rht. Companies this day of >0 IN WITNESS WHEREOF, WHEREOF, I ha feftr G. hi'm ,, %, ma Preaideni & A—scant Seeman ol5t ashmClun Inlemahunai tnsuonoe Company h N -Ai \mer an Specialty fnsunnee Comping & tie Prcmdent & lsmilant Secretor) at %So1pon Insttrana• Liirpumnan Signature and Title: Signature and Title; Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. ITB 19-PWO1 16 :? 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. ITB 19-PWOI 17 1 r> :; r, �u HOME OF' =a Ana n_i, 0= L!= GECI;G.;-.' MILTON*k ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Sign 11/15/2018 Print/Type Name Chatur B.Chhabhaya, CEO Print/Type Company Name Here CMES, INC. CORPORATE CERTIFICATE 1, Chatur B.Chhabhaya, , certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that Chatur B.Chhabhaya who signed said bid in behalf of the Contractor, was then (title) CEO of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of Georgia This 15th day of Nov A)& .��GM........bc'•,; (Seial) co 4..-F (Signature) Chatur 13.0 abhaya, SecretaF!r SEAL = CFORG\ ITB 19-PW01 �.`� 18 HOME OF'---:: ES G = Lf -E':', GEC-: - A' Mf LTON*k ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do X , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: -Tri 9capP-6 -..nc.._ Eps I mac. Ta.LoeA 1 T -W lc_ Company Name CMES, INC. Laf -r c43 C ct to e -n EMS') own -- cCY-nh-oj, 56410"- `� ITB 19-PWOI 19 HOME OF 'THE BEST Q„ALITY 0- LIFE 1\ GE-GRG.A' I LTONtt ESTARLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] 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: 46157 eVerify Number 06/27/2007 Date of Authorization CMES, INC. Name of Contractor NE Crabapple Connector Project Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on NOV 15th, 2018 in (city), Ga (state). Norcross Signature of A rized Officer or Agent Printed Name and Title of horized Officer or Agent Chatur B.Chhabhaya, CEO SUBSCRIBED AND SWORN BEFORE ME ON THIS TH 5th DAY OF Nav ,201$. r ��ll NC WY PUBLIC N p / i, [NOTARY SEAL] �l� "I„9T ......., � ••,_ PRAVIN N PATEL.-NOTARY PUBLIC Gwinnett County -State of GA �•�q. • •` q` :'.. My Comm, Expirex Jan 24.2021 - OUP.,pMACirrumission Expires: 'ZZO '''',�� o 20 . i���``` HOME OF' HE 8Es-, Q-ALT' OF LIFE IN GEO''GIA' M LTON% FSTABLISHED 2006 DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder CMES, INC. 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.) E 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 N/A N/A Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: NONE NONE ITB 19-PW01 21 HOME OF '-ri- BES- Com,' LUTY OF LIFE IN GEORGIA' 41 LT- N*t ESTABLISHED 2006 Bid Submittal Form NE Crabapple Connector 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 willing 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. In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY CMES, INC. ADDRESS 6555 McDonough Dr, Norcross, GA -30093 AUTHORIZED SIGNATUR PRINT / TYPE NAME TITLE CEO ITB 19-PWO1 32 REVISED BID SCHEDULE 11/08/18 -THIS REPLACES PREVIOUS BID SCHEDULES [BIDDERS MUST RETURN WITH BID SUBMITTAL] Pay Item # Description Unit Quantity Unit Price TOTAL TRAFFIC CONTROL I 150- TRAFFIC CONTROL - USER UNIT LS 1 1F-��'v 1000 PRICE ROADWAY ITEMS 210- GRADING COMPLETE LS 1 lxi� I J � 9 • v� 0100 1 8 RECYCLED ASPH CONC LEVELING, INCL BITUM MATL & H TN 250 2 3�� J LIME 432- MILL ASPH CONC PVMT, SY 4000 �, ,SC7 ZG U 0 0 • �O 5010 VARIABLE DEPTH 402- RECYCLED ASPH CONC 12.5 MM SUPERPAVE, GP 2 ONLY, TN 800 ! �, 3130 INCL BITUM MATL & H LIME 402- RECYCLED ASPH CONC 19 MM SUPERPAVE, GP 1 OR 2,INCL TN 550 �o v c7 6 '� O d Q 3190 BITUM MATL & H LIME 402- RECYCLED ASPH CONC 25 MM SUPERPAVE, GP 1 OR 2, INCL TN 1 100 3121 BITUM MATL & H LIME 310- GR AGGR BASE CRS, INCL MATL TN 3975 2- � • v V o`3 3 �O 1101413- t TACK COAT GL 700 0750 439- PLAIN PC CONC PVMT, CL 3 SY 6 p. c?p 5-4oO� 0018 CONC, 8 INCH THK 441- DRIVEWAY CONCRETE, 8 IN TK SY 80 6 n. �c �v� . vv 0018 441- CONC VALLEY GUTTER, 8 IN SY 300 3 !�• O O 0 0 • vd 4030 441- CURB CUT WHEELCHAIR RAMP,EA 12 6 .C� 0 V 0 t C) 7011 TYPE A 441- CURB CUT WHEELCHAIR RAMP, EA 2 6o�•�J ' v , Cld 7012 TYPEB 441- CURB CUT WHEELCHAIR RAMP, EA 17 o'00 1 0 7014 TYPE D 441- CONC CURB & GUTTER, 6 IN X LF 5300 2 , c7 c7 r C? 0 O 6� V , 6012 24 IN, TP 2 r 441- 0754 CONCRETE MEDIAN, 7 1/2 IN SY 185 C],00 441- CONCRETE HEADER CURB, 10 LF 108 Z V 5004 IN, TP 4 441- GRANITE HEADER CURB, 10 IN, LF 108 3 2— c3 5004 TP 4 441 CONCRETE HEADER CURB, 6 IN, LF 1008 G� 5008 TP 7 441- CONCRETE HEADER CURB, 4 IN, LF 250 c0 C7 O 5025 TP 9 441- CONC SIDEWALK, 4 IN SY 4200 2 �. C7 u j� 0C7 0104 439- PLAIN PC CONC PVMT, CL 3 SY 20-U • d 11 Ll LD v, 0020 CONC, 9 INCH THK 439- INTEGRALLY COLORED PC CEMENT CONCRETE (STAMPED SY 20 0022 CONCRETE) 6" 439- INTEGRALLY COLORED PC j 0022 CEMENT CONCRETE (STAMPED SY 500 9 O .00 CONCRETE 10" DRAINAGE ITEMS 550 - STORM DRAIN PIPE, 15 IN, H 1- LF 107 ��• oo r �'� 0 0 10 550- STORM DRAIN PIPE, 18 1N, H 1 LF 586 1 180 10 550- STORM DRAIN PIPE, 24 IN, H 1- LF 343, v 06 1240 10 550- STORM DRAIN PIPE, 24 IN, H 10- LF 51 S0 O 2 _ ��, C1 V " 1241 15 1 550- STORM DRAIN PIPE, 30 IN, H 1- LF 255 (:k -i 6 1300 10 ,� 550- STORM DRAIN PIPE, 36 IN, H 1- LF 377 S 1360 10 r 550- STORM DRAIN PIPE, 36 IN, H 10 - LF 40 � � d , d o 1361 1 S 668- DROP INLET, GP 1 EA 3Z. c) �,c� � ��% • y O 2100 668- DROP INLET, GP 1, ADDL DEPTH LF 3 1'To 00 S 1 C •00 2110 668- CATCH BASIN, GP 1 EA 14 Q'dQQ.I�Q 39��0.1� O 1100 668- CATCH BASIN, GP 1, ADDL LF 12 -To . 00 2c/10. 00 1110 DEPTH 668- STORM SEWER MANHOLE, TP 1 EA 10 2300 , 0 D 23 00 O. O n 4300 668- STORM SEWER MANHOLE, TP 1, LF 26 12-50 0 0 , 69 00 C) O 4311 ADDL DEPTH, CL 1 668- STORM SEWER MANHOLE, TP 1, LF 1 4.2-0.00 �`'4 20 •00 4312 ADDL DEPTH, CL 2 668- JUNCTION BOX EA 4 13 00 P 00 S'2-00 .00 2105 611- ADJUST MANHOLE TO GRADE EA 1 1900. l00 13 Do , (7 0 8050 WATER MAIN INSTALLATION 171- TEMPORARY SILT FENCE, TYPE C LF 2000 `3.00 COOO.O 0 0030 500- CLASS A CONCRETE CY 3 to, 0c) (230-00 3101 600- FLOWABLE FILL CY 20 320 • 00 6/100,00 0001 611- ADJUST WATER METER BOX TO EA 2 39 0 . o O ��� ` Ob 8120 GRADE 611- ADJUST WATER VALVE BOX TO EA 2 960 8140 GRADE 670- WATER MAIN, 6 IN, DIP LF 60 C. OD S4-60.00 ,S 1060 670- WATER MAIN, 8 IN, DIP LF 1950 53 . n o t o3 3 o c� o 1080 670- CAP OR REMOVE EXISTING EA 4 1 20(D 10 !� 8100 ,(� 0 1500 WATER MAIN 670- INSERTION VALVE (8-12 IN) EA 1 (0000,002500 Lo 0O©. Q0 670- GATE VALVE, 6 IN EA 4 t2oO l�O 4�vo .Ofd 2060 670- GATE VALVE, 8 IN EA 6 [ E Do . c� 0 4 6 o 0. no 2080 670- GATE VALVE, 10 IN EA 1 2.4()0.17 24o0.00 2100 670- VALVE MARKER EA 50 12 C' . n 0 6'0. O C 2002 669- TAPPING SLEEVE & VALVE EA 3 � �v �� ( d d , c� 3087 ASSEMBLY J'�� i 670- 3108 TAPPING SLEEVE & VALVE ASSEMBLY EA 1 ��� , `�� �� c� 670- 4000 FIRE HYDRANT EA 4O 3 C) . c- o ( V 669- 5620 WATER SERVICE LINE, 3/4 IN LF 100 2 J v 2 r d • C� 670 5010 WATER SERVICE LINE, 1 IN LF 60 4-4-,o(.) 2 r 6 �1 CO . C70 670- 5020 WATER SERVICE LINE, 2 IN LF 50 �'� , v 3, �—r� - 15 -STEEL CASING JACK & BORE LF 40 Z �.�-� , �� 6 C0 0 v � i 616 1001 STEEL CASING LF 40r 100. o o , �ti C9 670- RELOCATE EXISTING FIRE EA 1 2—,rO 0.Oc C- 0,0 9710 HYDRANT • 670- RELOCATE EXISTING WATER EA 2 , JctC) 4 o 9720 VALVE, INC BOX —� 670- RELOCATE EXISTING WATER EA 2 y ��• �� 2 C9 v , 0. 9730 METER, INC BOX 670- REMOVE EXISTING FIREf EA 1 �ZJ. c�0 (-� ' 9920 HYDRANT 668- ADJUST MANHOLE TO GRADE EA 1 'LR) 0J 8050 SANITARY SEWER 660- SAN SEWER PIPE, 8 IN DUCTILE LF 60Cif) 0808 IRON- 668- 3300 SAN SEWER MANHOLE, TP 1 EA 1 SIGNING AND MARKING 636- HIGHWAY SIGNS, TP 1 MATL, SF 135 Z ` C Z 3 ��• 1033 REFL SHEETING, TP 9636- SIGNS, l MATL, SF 261 'Z 2 , v Sri a- Gl Z . cJ J 036 R FLYWAY SHEET NG, TPTI I 636- GALV STEEL POSTS, TP 7 LF 789 °� , o v 2070 636- 2090 GALV STEEL POSTS, TP 9 LF 127 653- THERMOPLASTIC PVMT FFA 1 ((Q ' O i7 0120 MARKING, ARROW, TP 2 653- THERMOPLASTIC PVMT 0296 MARKING, WORD, TP 15 EA 4 2/4 C), `, C 9 �, O O 653- THERMOPLASTIC SOLID TRAF GLF 199 l�� OO (, n p 1502 STRIPE, 5 IN, YELLOW LF 6977 i, p C 6 Q -11f . 0 O 653- THERMOPLASTIC SOLID TRAF 1501 STRIPE, 5 IN, WHITE LF 6845 ('00 cs !1 5.00 653- THERMOPLASTIC SKIP TRAF LF 1340 Q, S 0 3 3 S c)• O 3501 STRIPF 5 IN WHITF GLF 230 6 �3 �. p 653- THERMOPLASTIC TRAF STRIPING, 6006 YELLOW SY 201 5 •pn �. ©05.Dn 653- THERMOPLASTIC SKIP TRAF GLF 199 l�� OO (, n p 4830 STRIPE, 18 IN, WHITE 653- THERMOPLASTIC SOLID TRAF 1704 STRIPE, 24 IN, WHITE LF 76 (� , p p ra-3 6 OO 653- THERMOPLASTIC SOLID TRAF LF 1340 Q, S 0 3 3 S c)• O 1804 STRIPE, 8 IN, WHITE 654- 1001 RAISED PVMT MARKERS TP 1 EA 256 5• 40.0 THERMOPLASTIC WORD "SCHOOL: EA 2 SLt 0 . oc') ( OF O f1 O SCHOOL ZONE LED FLASHER EA 1 12z( loo 2000- 00 EROSION CONTROL - TEMPORARY 163- 0527 RAP CHECK DAMS, STONE EA 26 5�O'0A 1��2G�,(�C7 163- 0300 CONSTRUCTION EXIT EA 2 95 0 l? 0 (y o o' o o 163- 0232 TEMPORARY GRASSING AC 4 `13(),o0 3.720.oO 163- 0240 MULCH TN 28 300,00 00 Y404� . o 163- CONSTRUCT AND REMOVE EA 2 qC(Q ,(7 (1 (Cr �b d p 0542 STONE FILTER RING 163- CONSTRUCT AND REMOVE``.. EA 20 Z'7 0 On l -j �QQ• i�ci 0550 INLET SEDIMENT TRAP 165- MAINTENANCE OF STONE FILTER EA 2 2 S 0. 0 0 01 1 1 RING 165- MAINTENANCE OF INLET EA 20 SO `©0 t0 0( O O 0105 SEDIMENT TRAP 165- MAINTENANCE OF ROCK FILTER EA 26 ( Go, o p 3cl eo , o p 0110 DAM 165- MAINTENANCE OF EA 2 j S C), f�C'� 3 0� L^+ 0 0101 CONSTRUCTION EXIT , 165- MAINTENANCE OF TEMPORARY 0010 SILT FENCE, TP A LF 4463 C , 3 O 573- UNDERDRAIN PIPE INCLUDING LF 100 q d p 2006 DRAINAGE AGGREGATE 6" 171 0010 TEMPORARY SILT FENCE, TYPE A LF 4463 �,�p �5426.cac) PERMANENT GRASSING 700 PERMANENT GRASSING AC 2 23 I�OC� [DC7 goo, (DO 6910 700- 7000 AGRICULTURAL LIME TN 1 2q0 00 290, 0e 700- 8000 FERTILIZER MIXED GRADE TN 1 510° 0 0 SIC-00 700- 9300 SOD SY 6215 S. (i G� 3 i o: S, O o LANDSCAPING ITEMS TREES 702 V "AUTUMN BRILLIANCE SERVICE EA 3 I;40.�0 (g20-00 0001 702 NYSSA SYLVATICA 'WILDFIRE'/ WILDFIRE BLACKGUM 3" CAL EA 30 9 �O 0 O 129/4 0O 0700 B SHRUBS 702 DISTYLIUM 'PIIDIST-V' PP27,631 /CINNAMON GIRL EA 117 !.{ q. 0 C) 5433 ,Co 0004 DISULIUM 3G 702- FOTHERGILLA GARDENII / EA 18 0 , QC S-2 4�' , O n 0005 DWARF FOTHERGILLA 3G 702- VIBURNUM OBOVANTUM 'MISS EA 38 50. Q 0 13 O fg . 00 1075 SHILLERS DELIGHT' 7G GRASSES 702 REGAL' MIST' TM / PINK MUHLY EA 75 . co 10 �;v co 0678 702- PENNISTEM VILLOSUM / EA 156 167 0 p 0724 FEATHERTOP 1G GROUND COVERS 702- HYPERICUM CALYCINUM / EA 617 ( , C C) (Cl L� �y,. O o 0009 CREEPING ST. JOHN'S WORT 1 G SOD/SEED 702- CYNODON DACTYLON / SF 18087 0 , 9c) q oy 3. S O 0011 1 BERMUDA GRASS - SOD 702- FESTUCA SPP. FESCUE GRASS SF 38062 0, vs ((1v3_ It 0012 SEED 702 LANDSCAPE MULCH SY 948 y , (DO 3;"'12, 00 9025 LIGHTING ITEMS 682- CONDUIT, NONMETAL, TP 2, 1 6220 1/4 IN LF 4300 S.so 23 6 SD • 00 682- ELECTRICAL JUNCTION BOX EA 4 CO -5o o� 3 0 D �� 9020 . 682- DIRECTIONAL BORE LF 100 �5•0C 2500.(70 9950 SUB -TOTAL BID ESTIMATE Miscellaneous Construction $250,000 TOTAL PROJECT 2� 3�i2 j2e8. 5 *500- CLASS A CONCRETE, INCL REINF CY 86 3800 STEEL *681- LIGHTING STD, 12 FT MH, POST EA 31 1120 TOP "681- LIGHTING STD, 20 FT MH, 2 FT EA 11 1305 ARM *681- LUMINAIRE, TP 3, 100W, HP EA 11 6314 SODIUM *681- LUMINAIRE, TP 3, 150W, HP EA 31 6320 SODIUM *682- CABLE, TP RHH/RHW, AWG NO LF 12900 1505 8 ELECTRICAL POWER SERVICE *682- ASSEMBLY (UNDERGROUND EA 2 8525 SERVICE POINT *INDICATES EQUIPMENT TO BE PROVIDED AND INSTALLED BY THE GEORGIA POWER LIGHTING GROUP. HOME OF 'THE BEST QLAUP OF LIFE IN GEORGIA' I LTON-4t FSTABI ISHFD 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] - rw c rq ; I 1 1, ayn Th re c. 04-nd rej, r -C> V+7 Tw r� Print Total Bid Price 'i'hc `'3 c`'n'd & 7 00 "'u-n`1lenJ Fla 10011110 rs F, yt cert• Number of days to fully complete FY19 project (exclude weather related days): �.� c �,l �►-.dw� ol�4s In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY ADDRESS AUTHORIZED SIGNATUR CMES, INC. 6555 McDonough Dr, Norcross, GA -30093 PRINT / TYPE NAME Chatur B.Chhabhaya, TITLE CEO ITB 19-PWO1 40 MILTON -*k ESTABLISHED 2006 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 19-PWO1 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@citvofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: CMES,INC. CONTACT PERSON: Chatur B.Chhabhaya, CEO/Secretary ADDRESS: 6555 McDonough Drive CITY: Norcross PHONE: 770-982-1905 STATE: Georgia Zip: 30093 FAX: 770-982-1907 EMAIL ADDRESS: chatur.c@cmesinc.net / pravin.p@cmesinc.net Signature ADDENDUM #1 11/15/2018 Date M I LTON' t>tAFI ISM! D 2ICp. ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #2 ITB 19-PWO1 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk 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 ITB. COMPANY NAME: CMES,INC. CONTACT PERSON: Chatur B.Chhabhaya, CEO/Secretary ADDRESS: 6555 McDonough CITY Norcross STATE: Georgia ZIP: 30093 PHONE: 770-982-1905 FAX: 770-982-1907 EMAIL ADDRESS: chatur.c@cmesinc.net / pravin.p@cmesinc.net Signature ADDENDUM #2 11/15/2018 Date M1I-LTO .N't t STeL�IIN 1[L� 2Ne ADDENDUM #2 ITB 19-PWO1 Questions and Answers This Addendum forms a part of the contract documents and modifies the original ITB documents as noted below: • The answer for Question #2 stated that Pay Item #430-0140 was changed to 439- 0018. However, the revised bid form issued in Addendum #I stills shows this pay item as 430-0140. Please revise the bid form for this pay item. See updated bid schedule included in this Addendum #2 • The answer for Question #3 stated that Pay Item #439-0020 was removed from the plans and was no longer required. However, this pay item is still shown in the bid form. Please remove this pay item from the bid form. See updated bid schedule included in this Addendum #2 The answer for Question #4 stated that the Sidewalk Turn Up at Sta 61 +00 to 62+50, Mayfield Rd, would be built using granite curb or 10" header curb in lieu of Class A Concrete, including Reinf Steel. This would indicate that the Pay Item #500-3800 would no longer be required and this item should be removed from the bid form. However, the bid form still contains this pay item. Please remove this pay item from the bid form. See updated bid schedule included in this Addendum #2 The answer for Question # 12 stated that this bid is unclassified and that R.O.W. will be acquired by notice to proceed. By saying this project is unclassified, that is putting the burden of any rock on the project on the contractor. Since R.O.W. is not currently acquired and the contractor is not allowed to test dig the project, would the city please establish a rock pay item in the event any rock is encountered? Or will the city work out a supplemental agreement if rock is in fact found? The City will work out a supplemental agreement. r REVISED BID SCHEDULE IS PROVIDED BELOW 1 2, ►] d x w b b C6 N y C14 10 lfI �O b N 0 40 b N - V a N ? pp N NT F c e r. Q O n b ^ ° a y m p � m a O d y uj 11 J -J Q 4J CD o ~S. w a m a a _ C-- a V v Vl C (n .n o •+ N D ry r N r O • d � � � _ r N v o � � V H N r E ay y Eo Nyco �g ay Eo 0 �a a°Ea�� of my of pEy o'E Wa ° mE nc m mE mE n a 3 Z I y o 2U `do x o a V yo � v m� 7U ; to paGw m�ti CSN p U h Gh O=� co w° ° G m a 3 r C Y ° °i U C O 1 j ►0 j C d 4 E C c viE `tea �bCW a° oEc roc G comoC, h rma =° ao co ap c -am•m°'n oo m Otia � Ciu - c pc°��yGbcm o°�S'i!a� n� s u N $ ° �° y� y alloNm O N U N roUO �b�cm E r °a •Wp r Em>m noro� °u tc E xio`°m o c O° d Q N ~ ro U O � e� x N _ ZE : c 0 LL j m 4 4 W p U OaDi rn v cv E a ami o y o ° o c h p` U rn� m C �, 3z Q= ao o LL U .� d `m g e 5 Els- C c h cCX LL �5 co E Chc o up A C m O N O m y S `/_ �p U U N _y U Gf .0 C 2 .G G` C p Oto W° V U •— U O i� — C 3 ID ° 10 C OO h m O 8 N ,q cp LL 4a m O C9 a i U C O Ea C W G Of O ,SOI O mC� c4 m ° O Oi �4 CODy y C .... o STATE OF GEORGIA Brian P. Kemp, Secretary of State State Construction Industry Licensing Board Utility Contractor License No. UC301152 Status: Active CMES, Inc. 6555 McDonough Dr, Norcross GA 30093 Issued; 6/27/2002 Chatur B Chhabhaya Ex' 4/30/2019 I I ii Ii Real-time license verification is available at sos.georgia.gov/PLB The Certificate above may be used for wall display. The Card below may be used as the pocket identification card Notify the Board office of name/address changes at: Georgia Secretary of State Professional Licensing Boards 237 Coliseum Drive Macon, GA 31217-3858 Or visit us online at: http;//ww-w.sos.go.gov/plb/ STATE OF GEORGIA Brian P. Kemp, Secretary of State State Construction Industry Licensing Board " Utility Contractor License No, UC301152 - Active CMES, Inc. 6555 McDonough Dr. Norcross GA 30093 luncd' 6rz"20a2 Cham, n Chhnbhaya Ez pi, rs 4130/'1 a 14 Reel-t�mc hernx Ferilicuunn a as5iln6fe xr at gra�rgin.giav'P,a Russell R. NMcMurry, P.E., 06WhIssloner CMBS, Inc. 6555 McDonough Drive Norcross, GA 30093 August 3, 2018 Vendor ID: 2CM100 GEORGIA DEPARTMENT OF TRANSPORTATION One Georgia Center, 600 West Peachtree Street, NW Atlanta, Georgia 30308 Telephone: (404) 531-1000 In accordance with The Rules and Regulations governing the Prequalification of Prospective Bidders, the Georgia Department of Transportation has assigned the following Rating. This Certificate of Qualification is effective on the date of issue and cancels and supersedes any Certificates previously issued: MAXIMUM CAPACITY RATING $131,300,000 CERTIFICATE EXPIRES July 31, 2020 The total amount of incomplete work, regardless of its location and with whom it is contracted, whether in progress or awarded but not yet begun, shall not exceed the Maximum Capacity Rating. If dissatisfied with the Rating, we direct you to the Appeals Procedures in §672-5-.08 (I) & (2) and §672-1-.05, Rules of the State Depailment of Transportation. In order to be continuously eligible to bid with this Department, your next application forprequalification must be submitted before the expiration date. If you desire to submit an application some intermediate period before the expiration date, your Rating will be reviewed on the basis of the new application. This Prequalification Certificate is issued for contractors to be eligible for work with the Georgia Department of Transpoatation (GDOT) only. GDOT does not certify conhtactors as eligible to do business with entities other than GDOT, Sincerely, Marc Mastronardi, P.E. Chairman, Prequalification Committee/Coaltractors MM:ASB ah.l mr.,gmj I - - I'll, r CERTIFICATE LIABILITY F --DAT. (MM/DDIYYYY) TYPE OF INSURANCE 12/28/2018 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(les) must have ADDITIONAL INSURED provisions or 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 Brown & Brown Insurance of Georgia 3483 Satellite Blvd. , Ste. 100 Duluth, GA 30096 NNAME: Kerrie Cox PHONEFAX A/C No : E-MAIL ADDRESS: kcox@bbatianta.com INSURER(S) AFFORDING COVERAGE NAIC # www.bbatlanta.com INSURERA i The Cincinnati Casualty Company 28665 INSURED CMES, Inc. INSURER B: The Cincinnati Insurance Company 10677 INSURERC: 6555 McDonough Dr. Norcross GA 30093 INSURERD: INSURER E: CLAIMS -MADE [21OCCUR INSURER F : 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 ADDL SU R POGCYNUMBER POLICY EFF M /DDI POLICY ERP (MMIDONYYYI LIMITS A ✓ COMMERCIAL GENERAL LIABILITY ✓ / EPP0457629 10!1/2018 10/1/2019 EACH OCCURRENCE $2000000 PREMISES Ea occurrence CLAIMS -MADE [21OCCUR .$500,000 MED EXP (Any one person) $10,000 Contractual Liability PERSONAL & ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY✓❑ PECT D LOC GENERALAGGREGATE $2,000,000 PRODUCTS - COM P/OP.AGG$2,000000 $ OTHER: B AUTOMOBILE LIABILITY ✓ ✓ EBA0506894 10/1/2018 10/1/2019 EeaacdDent)SINGLELIMIT $2000000 ✓ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ Com /Coll Ded 1$1.0oo A �/ UMBRELLA LIAB ✓ OCCUR EPP0457629 10/1/2018 10/1/2019 EACH OCCURRENCE $5,000000 EXCESS LIAB CLAIMS -MADE AGGREGATE $5,000,000 DED ✓ RETENTION$0 $ B WORKERS COMPENSATIONEWC0457630. AND EMPLOYERS'LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVEE.L. OFFICER/MEMBEREXCLUDED7 ® NIA 10/1/2018 1011/2019 V/STATUTE ERH EACH ACCIDENT $1,000000 E.L. DISEASE: EA EMPLOYEE $ A A (Mandatory in NH) ifes, der DESCRIPTIIPTI un ONN OF OPERATIONS below Equipment Floater Contractor's Pollution Liability EPP0457629 EPP0457629 10/1/2018 10/112018 10/1/2019 10/1/2019 E.L. DISEASE -POLICY LIMIT $1,000,000 Leased and Rented Equipment $200,000 $1MM Per Incident/ $2MM General Aggregate DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT — GA 233 02 07 CinciPlus® BUSINESS AUTO XC+0 (EXPANDED COVERAGE PLUS) ENDORSEMENT- AA 288 01 16 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- WC 00 03 13 Project Name: ITB 19-PW02, Birmingham Rd Culvert Project Crity Ot Milton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2006 F;erita G Walk EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Milton GA 30004 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE , rl Linda A. Slafta ©1988-2015 ACORD CORPORATION. All rights reserved_ ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 46241275 1 18-19 .Master ( Kerrie Cox 1 12/28/2018 11:39:26 AM (PST) I Page 1 of 1 CERTIFICATE OF LIABILITY DATE (MMIDD/YYYY) E1/18/2019 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. 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 have ADDITIONAL INSURED provisions or 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 Brown & Brown Insurance of Georgia 3483 Satellite Blvd. , Ste. 100 Duluth, GA 30096 NAME °T Kerrie Cox PHONE 1FAX ac No ADDRESS: kcox bbatlanta.com INSURERS AFFORDING COVERAGE NAIC # www.bbatlanta.com INSURERA: The Cincinnati Casualty Company 28665 INSURED CMES, Inc. INSURER B : The Cincinnati Insurance Company 10677 INSURER C: 6555 McDonough Dr. INSURER D: Norcross GA 30093 INSURER E: INSURER F 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. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDDI LIMITS A / COMMERCIAL GENERAL LIABILITY ✓ ✓ EPP0457629 10/1/2018 10/1/2019 EACH OCCURRENCE $2000,000_ DAMAGETUTZENTED PREMISES Ea occurrence $ 500,000_ CLAIMS -MADE OCCUR MED EXP (Any one person) $10.000 ✓ Contractual Liability PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: ..$2,000,000 GENERAL AGGREGATE $ 2,000,000 POLICY JE� LOC PRODUCTS- COMP/OP AGG $ 2 OOO OOO $ OTHER: B AUTOMOBILE LIABILITY ✓ EBA0506894 10/1/2018 10/1/2019 EO BINEDaccidentSINGLE LIMIT $2000,000 ✓ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED ----- BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ Com /Coll Ded $1 000 A ✓ UMBRELLA LIAB ✓ OCCUR ✓ �/ EPP0457629 10/1/2018 10/1 /2019 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $5,000,000 DED I ✓ I RETENTION$0 $ B - WORKERS COMPENSATION AND EMPLOYERS' ✓ EWC0457630 10/1/2018 10/1/2019 ✓ STATUTE EERH LIABILITY Y / N E.L. EACH ACCIDENT $1,000,000 ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N N/A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under E.L. DISEASE- POLIC000 Y LIMIT $ 1,000,( 000 000 DESCRIPTION OF OPERATIONS below A Equipment Floater EPP0457629 10/1/2018 10/1/2019 Leased and Rented Equipment $200,000 A Contractor's Pollution Liability EPP0457629 10/1/201$ 10/1/2019 $1 MM Per Incident/ $2MM General Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks. Schedule, may be attached If more space is required) CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT — GA 233 02 07 CinciPlusO BUSINESS AUTO XC+® (EXPANDED COVERAGE PLUS) ENDORSEMENT- AA 288 01 16 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- WC 00.03 13 RE: NE Crabapple Connector Project Fulton County Department of Purchasing 141 Pryor Street Atlanta GA 30303 ACORD 25 (2016/03) 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 y Linda A. Slafta ©1988-2015 ACORD CORPORATION_ All rinhf-- rracarvarl The ACORD name and logo are registered marks of ACORD 46638084 1 18-19 Master I.Kerrie Cox 1 1/18/2019 10:40:55 AM tPST) I Paqe 1 of 1 17 7 I Q I Lq) I I I I =17 I a .2 V] co I d' I h L I L I N I N I m I L m I N I S Do aa) ani a m o o ,o 03 0Y . C` O C C W O C r, C •� w. r... C. 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G� m y < Uo CD `0 O GO N C-- w 0+ rn ZI CA w 0 � v do 0 oo C m oo 0� ca a o -.'Cl Q ► On dn �w �Q c=n w�< 5-a- �°= ° co ay" OQ a y QQ of :3,CD O y O w two t't n in' rA r2, �, p '° Gip QO a. m coo CL �e `< 0, a. o Assets Current assets Cash Contract receivables Accounts receivables employees Other receivables Investment in securities Inventory Costs in excess of billings Prepaid expenses Property and Equipment Machinery and equipment Furniture and fixtures Trucks and autos Construction in progress Accumulated depreciation Other Assets Due from affiliates Due from stockholders 1 CMES, Inc. Date Format - MM/DD/YY Balance Sheet CMES, Inc. through June 2018 8,871,047.70 11,154,926.15 508.25 0.00 3;448,616,73 1,653.60 739,286,51 423,201.22 Total Current assets 24,639,240.116 12,665,754.26 9,660.00 513,368.57 0.00 (7,259,083.98) Total Property and Equipment 5,929,698.85 6,086,147.45 42,558.08 Total Other Assets 6,128,705.53 Total Assets 36,697,644.54 08/14/18 03:18:47 PM GI-BalanceSheet,rpt Balance Sheet CMES, Inc. through June 2018 Liabilities and Owner's Equity 500.00 Current Liabilities 106,258.38 Accounts payable 5,607,098.89 Accrued expenses (56,052.75) Line of credit 0.00 Billings in excess of costs 13,981,526.96 Current Year Retained Earnings Total Current Liabilities 19,532,373.10 Long-term Liabilities 2,674,817.83 Notes payable, net of current portion 2,851,028.30 Due to affiliates 1,255,403.81 Due to stockholders 0.00 Other long-term liabilities 0.00 Total Long-term Liabilities 4,106,432.11 Stockholders' Equity Common stock 500.00 Additional paid -in capital 106,258.38 Retained earnings 13,149,978.84 Distributions (3,204,925.00) Other comprehensive income 332,009.28 Total Stockholders' Equity 10,383,821.50 Current Year Retained Earnings Current Year Retained Earnings 2,674,817.83 Total Current Year Retained Earnings 2,674,817.83 Total Liabilities and Owner's Equity 36,697,644.54 CMES, Inc. 08114/18 03:18:47 PM Date Formai - MMIDD" GL Bale nceSheet.rpt Income Statement CMES, Inc, From January 2018 through June 2018 Department Description Divison Description (all) (aq) Income Revenue Contract Revenues 28,052,529 Direct Expense Costs of Revenues Contract costs Indirect Expense Indirect costs Indirect costs G&A Operating expenses Salaries & Wages Office Rent Office Expense Telephone Utilities Insurance Professional Fees Estimating Travel & Entertainment Contributions Taxes Interest Expense Miscellaneous Bad Debt Other income Interest & Investment Income Gain/Loss on Sale of Assets Discounts Earned Miscellaneous CMES, Inc ?ate Format - MUMMY Page 1 of 2 Total Revenue Total Income Total Costs of Revenues Total Direct Expense Total Indirect costs Total Indirect Expense Total Operating expenses Total G&A Total Other income Total 26,052,529 28,052,529 22,620,752 22,620,752 22,620,752 1,097,566 1,097,566 1,097,566 1,006,850 50,571 144,895 17,338 14,380 306,222 75,093 4,084 3,117 2,305 2,000 6,502 10,540 0 1,643,898 1,643,898 (122,663) 85,982 152 21,035 (15,495) (15,495) 08114/18 03:20:28 PM G LlncomeStatement. rpt Income Statement CMES, Inc. From January 2018 through June 2018 Department Description Divison Description Net Income 2,674,898 7 CMES, Inc. Page 2 o12 08/14118 03:20:28 PM ;gate Format - MMIDDIYY GLlncomeStatement.rpt CMESI INC. & AFFILIATES Norcross, Georgia Combined Financial Statements and Supplementary Information For the years ended December 31, 2017 and2016 CMES, INC. & AFFILIATES NORCROSS, GEORGIA COMBINED FINANCIAL STATEMENTS AND SUPPLEMENTARY INFORMATION DECEMBER 31, 2017 AND 2016 CONTENTS INDEPENDENT ACCOUNTANT'S REVIEW REPORT COMBINED FINANCIAL ,STATEMENTS Combined balance sheets Combined statements of income and comprehensive income Combined statements of stockholders' equity Combined statements of cash flows Notes to the combined financial statements SUPPLEMENTARY INFORMATION Combining balance sheets Combining statements of income and comprehensive income (loss) Combining schedules of operating expenses Combined earnings from contracts Combined schedule of completed contracts Combined schedule of contracts in progress PAGE I 2 3 4 5 6-13 15-16 17 18 19 20 21 WILSON LEWIS CI R'I III 111 1' V hl IC ACCMIN IAN 15 INDEPENDENT ACCOUNTANT'S REVIEW REPORT To the ,Board of Directors CMES, Inc. & Affiliates Norcross, Georgia We have reviewed the accompanying combined financial statements of CMES, Inc. & Affiliates (an S -corporation), which comprise the combined balance sheets as of December 31, 2017 and 2016, and the related combined statements of income and comprehensive income, stockholders' equity, and cash flows for the years then ended, and the related notes to the combined financial statements. A review includes primarily applying analytical procedures to management's financial data and making inquiries of Company management. A review is substantially less in scope than an audit, the objective of which is the expression of an opinion regarding the combined financial statements as a whole. Accordingly, we do not express such an opinion. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these combined financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of combined financial statements that are free from material misstatement whether due to fraud or error. Accountant's Responsibility Our responsibility is to conduct the review engagement in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA. Those standards require us to perform procedures to obtain limited assurance as a basis for reporting whether we are aware of any material modifications that should be made to the combined financial statements for them to be in accordance with accounting principles generally accepted in the United States of America. We believe that the results of our procedures provide a reasonable basis for our conclusion. Accountant's Conclusion Based on our review, we are not aware of any material modifications that should be made to the accompanying combined financial statements in order for them to be in accordance with accounting principles generally accepted in the United States of America. Supplementary Information The supplementary information included on pages 15 - 21 is presented for purposes of additional analysis and is not a required part of the basic financial statements. The information is the representation of management. We have reviewed the information and, based on our reviews, we are not aware of any material modifications that should be made to the information in order for it to be in accordance with accounting principles generally accepted in the United States of America. We have not audited the information and, accordingly, do not express an opinion on such information. April 30, 2018 Duluth, Georgia 1720 Peachtree Street, Suite 629 6650 Sugarloaf Pkwy. Suite 900 Atlanta. Georgia 30.109 pululh. Georgia 30097 tc1:404-R81-12291 fax: 404-891-8658 tel: 770-476-1004 1 fox: 770-476-0201 CMES, INC. & AFFILIATES COMBINED BALANCE SHEETS As of December 31, 2017 and 2016 LIABILITIES AND STOCKHOLDERS' EQUITY CURRENT LIABIL177ES Accounts payable Accrued expenses Current portion of notes payable Billings in excess of costs and estimated earnings on uncompleted contracts Total current liabilities LONG TERM LIABILITIES Notes payable, net of current portion STOCKHOLDERS' EQUITY Capital stock, $1 par value, 300,000 shares authorized, 20,500 issued and outstanding Additional paid in capital Retained earnings Other comprehensive income Total stockholders' equity Total liabilities and stockholders' equity $ 1,299,596 $ 2017 2016 ASSETS 1,785,441 1,264,446 CURRENT ASSETS 8,174,463 15,741,967 Cash and cash equivalents S 9,945,002 $ 13,845,186 Contracts receivable 8,944,198 8,454,536 Accounts receivable - employees 3,831 - Investment in marketable securities 2,448,617 2,138,576 Costs and estimated earnings in excess of billings on uncompleted contracts 695,001 643,307 Prepaid expenses 125,671 208,201 Total current assets 22,162,320 25,289,806 PROPERTY AND EQUIPMENT Property and equipment 19,821,726 14,018,789 Less: accumulated depreciation (8,551,884) (6,415,065) Property and equipment, net 11,269,842 7,603,724 OTHER ASSETS Deposits 20,921 18,075 Due from affiliates 1,926,305 1,508,224 Due from stockholders 42,558 177,442 Total other assets 1,989,784 1,703,741 Total assets $_ 35.427.946 $ 34,597.271 LIABILITIES AND STOCKHOLDERS' EQUITY CURRENT LIABIL177ES Accounts payable Accrued expenses Current portion of notes payable Billings in excess of costs and estimated earnings on uncompleted contracts Total current liabilities LONG TERM LIABILITIES Notes payable, net of current portion STOCKHOLDERS' EQUITY Capital stock, $1 par value, 300,000 shares authorized, 20,500 issued and outstanding Additional paid in capital Retained earnings Other comprehensive income Total stockholders' equity Total liabilities and stockholders' equity $ 1,299,596 $ 8,188,471 2,144,888 62,442 1,785,441 1,264,446 10,512,042 8,174,463 15,741,967 17,689,822 3,196,969 1,649,540 20,500 106,258 16,024,243 332,009 16,483,010 $ 35,421,946 20,500 106,258 15,045,757 85,394 15,257,909 $_ 34.597,27] Sce accompanying; notes and independent accountant's review report. 2 C SES, INC. & AFFILIATES COMBINED STATEMENTS OF INCOME AND COMPREHENSIVE INCOME For the years ended December 31, 2017 and 2016 See accompanying notes and independent accountant's review report. 3 2017 2016 CONTRACT REVENUE EARNED $ 48,313,903 $ 53,973,936 COST OF CONTRACT REVENUE EARNED 37,338,595 40,799,675 Gross profit 10,975,308 13,174,261 INDIRECT EXPENSES 1,308,844 1,287,406 OPERATING EXPENSES 1658,678 3,843,890 Income from operations 6,007,786 8,042,965 OTHER INCOME 475,138 452,859 OTHER EXPENSES _114,362) (169,289) NET INCOME 6,368,562 8,326,535 OTHER COMPREHENSIVE INCOME Unrealized gains on securities 246,615 111,830 OTHER COMPREHENSIVE INCOME 246,615 111.830 TOTAL OTHER COMPREHENSIVE INCOME $ 6.615,177 $ 8.438,365 See accompanying notes and independent accountant's review report. 3 CMES, INC. & AFFILIATES COMBINED STATEMENTS OF STOCKHOLDERS' EQUITY For the years ended December 31, 2017 and 2016 See accompanying notes and independent accountant's review report. 4 Other Total Common Additional Retained Comprehensive Stockholders' Stock Paid -in Capital Earnings Income (Loss) Equity Opening balance, January 1, 2016 5 20,500 S 106,258 S 8,609,822 $ (26,436) $ 8,710,144 Net income - - 8,326,535 8,326,535 Distributions - (1,890,600) - (1,890,600) Unrealized gains on marketable securities - 111,830 I 11,830 Ending balance, December 31, 2016 20,500 106,258 15,045,757 95,394 15,257.909 Net income - - 6,368,562 - 6,368,562 Distributions (5,390,076) - (5,390,076) Unrealized gains on marketable securities - - 246,615 246.615 Ending balance, December 31, 2017 5_ 20,500 $ 106 258 $ 16,024243 $_____332,009 $ 16,483,010 See accompanying notes and independent accountant's review report. 4 CMES,. INC. & AFFILIATES COMBINED STATEMENTS OF CASH FLOWS For the years ended December 31, 2017 and 2016 CASH FLOWS FROM OPERATING ACTIVITIES Net income Adjustments to reconcile net income to net cash provided by operating activities: Depreciation Gain on sale of fixed assets Loss (gain) on sale of securities Dividends from securities Investment fees (Increase) decrease in assets: Contract receivables Accounts receivable - employees Costs and estimated earnings in excess of billings on uncompleted contracts Deposits Prepaid expenses Increase (decrease) in liabilities: Accounts payable Accrued expenses Billings in excess of costs and estimated earnings on uncompleted contracts Total adjustments Net cash provided by operating activities CASH FLOWS FROM INVESTING ACTIVITIES Purchase of property and equipment Proceeds from sale of property and equipment Purchase of investment in securities Repayments from stockholders Net cash used in investing activities 2017 2016 $ 6,368,562 $ 8,326,535 2,445,502 1,997,606 (123,128) (31,046) (17,565) 11,713 (69,846) - 23,986 - (489,663) (966,761) (3,831) 4,794 (51,694) (56,263) (2,846) 24,151 82,529 (208,200) (6,888,876) 1,915,485 2,082,448 (32,834) 2,337,579 (675,4051 5,693,157 (2,640,615) 145,150 134,884 (2,360,581 4,707,916 7,366,561 15,693,096 (1,279,912) 331,986 (895,704) (1,843,630) CASH FLOWS FROM FINANCING ACTMTIES 6 Payments on notes payable (1,424,603) (1,096,158) Repayments to affiliates (418,081) (1,275,500) Repayments to stockholders - (810,447) Distributions (5390,076) (1,890,600) Net cash used in financing activities (7,232360) (5,072,705) NET CHANGE IN CASH AND CASH EQUIVALENTS (3,900,184) 8,776,761 Cash and cash equivalents, beginning of year 13,845,186 5,068,425 Cash and cash equivalents, end of year $. 9,945,002 $ 13.845,186 SUPPLEMENTAL DISCLOSURES Interest paid $ 42,418 $ 39,785 SUPPLEMENTAL NON-CASH FINANCING TRANSACTIONS For the years ended December 31, 2017 and 2016, the Company purchased equipment totaling $3,493,027 and $1,230,068, respectively, under note payable agreements which resulted in an increase in property and equipment and notes payable. See accompanying notes and independent accountant's review report, 5 CMES, INC. & AFFILIATES NOTES TO THE COMBINED FINANCIAL STATEMENTS December 31, 2017 and 2016 Organization CMES, Inc. & Affiliates (the Company) consists of the following entities, combined for financial reporting purposes because of common ownership; CMES, Inc., Concrete Specialty, Inc. (CSI), and Construction Material Distribution Center (CMDC). CMES, CSI, and CMDC are in the construction industry. CMES was incorporated under the laws of the state of Georgia on February 16, 1996. The Company is engaged in providing construction contracting, consulting, and engineering services to the general public. CSI was incorporated under the laws of the state of Georgia on March 31, 2004. The company is engaged in providing construction contracting, consulting, and engineering services to the general public. CMDC was incorporated under the laws of the state of Georgia on March 31, 2004. The company is engaged in providing construction materials to construction companies. Financial Statement Presentation The accompanying financial statements and related disclosures have been prepared in accordance with accounting principles generally accepted in the United States of America.. Operating Cycle The Company includes in current assets and current liabilities amounts receivable and payable under construction contracts (principally retainage) that may extend beyond one year. A one-year period is used as the basis for classifying all other current assets and liabilities. Use of Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that could affect certain reported amounts and disclosures of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting year. Accordingly, actual results could differ from those estimates. A significant area involving the use of estimates and assumptions is the amount of profit recognized on contracts in progress. Revenue and Cost Recognition CMES recognizes revenues from construction contracts on the percentage -of -completion method, measured by the percentage of costs incurred to date to estimated total costs for each contract. That method is used because management considers total costs to be the best available measure of progress on the contracts. Because of inherent uncertainties in estimate costs, it is at least reasonably possible that estimates used will change within the near term, and that those revisions may be material. CMES, INC. & AFFILIATES NOTES TO THE COMBINED FINANCIAL STATEMENTS December 31, 2017 and 2016 Contract costs include all direct material, labor, and subcontract costs, and those indirect costs related to contract performance, such as indirect labor, supplies, tools, depreciation, and repairs. Operating costs are charged to expense as incurred. Provisions for estimated losses on uncompleted contracts are made in the year in which such losses are determined. Changes in job performance, job conditions, and estimated profitability may result in revisions to costs, income, and estimates which are recognized in the year in which the revisions are determined. Changes in estimated job profitability resulting from job performance, job conditions, and change orders are accounted for as changes in estimates in the current Year. The asset, "Costs and estimated earnings in excess of billings on uncompleted contracts," represents revenue recognized in excess of the amount billed. The liability, "Billings in excess of costs and estimated earnings on uncompleted contracts" represents billings in excess of revenues recognized. CMDC and CSI utilize the accrual method of accounting, whereby income is recognized when earned and expenses recorded as they are incurred. Cash and Cash Equivalents The Company considers all highly liquid debt instruments purchased with maturity of three months or less to be cash and cash equivalents. Contract Receivables and.411owance for Doubtful Accounts Contract receivables are stated at net realizable value. The Company provides for probable uncollectible amounts through the allowance for doubtful accounts based on its assessment of the status of individual accounts. Balances that remain outstanding after the Company has used reasonable collection efforts are written off. The collectability of contracts receivable balances is regularly evaluated based on a combination of factors such as the aging of the receivable, customer credit -worthiness, past transaction history with the customer, current economic industry trends, and changes in customer payment patterns. Normal contract receivables are due 30 days after the issuance of the invoice. Contract retainage is typically due 30 days after the completion of the project and acceptance by the owner. Receivables past due more than 90 days are considered delinquent. There was no allowance for doubtful accounts for the years ended December 31, 2017 and 2016, respectively. Investments Investments in marketable securities are stated at fair value. The fair value is determined by quoted market prices. Available -for -sale investments are recorded at their fair value with any unrealized holding gain or loss to be reported as an adjustment to other comprehensive income. Net unrealized gains for the years ended December 31, 2017 and 2016 were $246,615 and $111,830, respectively. 7 CMES, INC. & AFFILIATES NOTES TO THE COMBINED FINANCIAL STATEMENTS December 31, 2017 and 2016 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (contanued) Property and Equipment Property and equipment are stated at cost. Expenditures for maintenance and repairs that do not significantly extend the useful lives of the assets are expensed as incurred, while major replacements and betterments are capitalized. Depreciation is computed principally using the straight-line method over the estimated useful lives of the assets, which range from five to ten years. Cost of property sold or otherwise disposed of and the related accumulated depreciation are removed from the accounts, and any gain or loss is recognized in income currently. Advertising The Company expenses advertising costs as they are incurred. Advertising costs for the years ended December 31, 2017 and 2016 were $1,488 and $11,847, respectively. Income Taxes The Company, with the consent of its members, has elected under the Internal Revenue Code Section 1361, to be taxed as an S corporation. In lieu of corporation income taxes, the members of an S corporation are taxed on their proportionate share of the Company's taxable income. Therefore, no provision or liability for federal or state income taxes has been included in the financial statements. The income tax returns of the Company are subject to examination by the appropriate taxing authority, generally for three years after they were filed. Warranties CMES provides a warranty covering defects specific to its portion of contracts on construction projects. This warranty historically has not produced material costs; therefore, the Company does not accrue future estimated expense against current operations. Fair Yalue of Financial Instruments The Company's financial instruments, with the exception of the investments in marketable securities, are carried at cost, which approximates their fair value because of the short-term nature of these financial instruments. The notes payable are carried at amounts expected to be paid which approximates fair value. Contract receivables consists of the following: Billed: Contracts in progress Completed contracts Retainage Contract receivables 2017 2016 6,885,923 $ 4,318,891 415,614 1,709,962 1,642.661 2,425.683 $ 8,944,198 8.454.536 CMES, INC. & AFFILIATES NOTES TO THE COMBINED FINANCIAL STATEMENTS December 31, 2017 and 2016 3. FAIR VALUE MEASUREMENTS The Company applies the provisions of Fair Value Measurements and Disclosures (FASB ASC 820) to account for its investments in marketable securities. In accordance with FASB ASC 820, the fair value of financial instruments is based on market trading information, where available. Absent published market values for an instrument, management uses observable market data to arrive at its estimates of fair value. Fair value is defined as an exit price, representing the amount that would be received to sell an asset or paid to transfer s liability in an orderly transaction between market participants at the measurement date. As such, fair value is a market-based measurement that should be determined based on assumptions that market participants would use in pricing an asset or liability. As a basis for considering such assumptions, FASB ASC 820 establishes a three level fair value hierarchy that prioritizes the inputs used to measure fair value. The hierarchy gives the highest priority to unadjusted quoted prices in active markets for identical assets or liabilities (level 1 measurements) and the lowest priority to unobservable inputs (level 3 measurements). These tiers include: Level I - quoted prices (unadjusted) in active markets for identical assets or liabilities that the Company can access at the measurement date. Level 2 - inputs other than quoted prices in active markets that are directly or indirectly observable such as quoted prices for similar instruments in active markets or quoted prices for identical or similar instruments in markets that are not active. Level 3 - unobservable inputs in which little or no market data exists, therefore requiring the Company to develop its own assumptions, such as valuations derived from valuation techniques in which one or more significant value drivers are unobservable. Fair Value Measurements at the End of the Reporting Period Using Recurring fair value measurements Marketable securities: Fixed income securities Equity securities Commodities Other Total recurring fair value measurements 2017 2016 Quoted Prices in Quoted Prices in Active Markets Active Markets for Identical for Identical Assets (Level 1) Assets (Level 1) $ 674,233 $ 639,729 1,414,809 1,159,090 353,159 336,806 6.416 2,95.1 $ 2.448.617 2.138.576 The Company utilizes Level I inputs to value its investments in marketable securities. These investments were valued at the closing price of the active market in which the security is traded. Proceeds from the sale of securities classified as available for sale were $134,884 and $0 for the years ended December 3l, 2017 and 2016, respectively. Net realized gains included in net income from the sale of securities classified as available for sale were $17,565 for the year ended December 31, 2017. Net realized losses included in net income from the sale of securities classified as available for sale were $11,713 for the year ended December 31, 2016. CMES, INC. & AFFILIATES NOTES TO THE COMBINED FINANCIAL STATEMENTS December 31, 2017 and 2016 Property and equipment consist of the following: Machinery and equipment Furniture and fixtures Trucks and autos Total cost Less: accumulated depreciation Property and equipment, net 2017 2016 18,378,459 $ 12,793,604 54,131 54,131 1,389,136 1,171.054 19,821,726 14,018,789 884) (6.415,065) $ 11,269.842 $ 7,603.724 Depreciation expense for the years ended December 31; 2017 and 2016 was $2,445,502 and $1,997,606, respectively. 5. ACCOUNTS PAYABLE Accounts payable consists of the following: Accounts payable Retainage payable Total accounts payable 2017 2016 $ 506,566 $ 6,223,095 793.030 1,965,376 $ 1.299,596 $ 8,188.471 The Company has a line of credit with a local bank that has a total borrowing capacity of $1,500,000. The interest rate is 4.65°/x. There were no outstanding balances on this line of credit at December 31, 2017 and 2016. The following summarizes costs and estimated earnings on uncompleted contracts: Costs incurred to date on uncompleted contracts Contract profit recognized to date Subtotal Less: billings to date Total N 2017 2016 $ 36,954,583 $ 49,345,842 10,419.065 13,447,341 47,373,648 62,793,183 (57,190,689) (70,324,339) $ (9,817,041) $ (7.531,156) CMES, INC. & AFFILIATES NOTES TO THE COMBINED FINANCIAL STATEMENTS December 31, 2017 and 2016 7. CONTRACTS IN PROGRESS (continued) The above is included in the accompanying balance sheet under the following captions: 2017 2016 Costs and estimated earnings in excess of billings on contracts in progress $ 695,001 $ 643,307 Billings in excess of costs and estimated earnings on contracts in progress (10,512,042) (8,174,4631 Total $ (9.817,041) $. (7.53 I .I 56) S. NOTES PAYABLE Notes payable consists of the following: 2017 2016 Equipment loan payable in monthly installments of $12,885 through April 2019. Secured by construction equipment. $ 206,168 $ 360,494 Equipment loan payable at 6.39% interest in monthly installments of $624 through May 2021. Secured by construction equipment. _ 28,672 Note payable at 0.90%interest in monthly installments of $586 through March 2017. Secured by vehicle. - 1,171 Note payable with interest in monthly installments of $10,168 through January 2018. Secured by equipment, 10,168 122,017 Note payable with interest in monthly installments of $8,906 through January 2018. Secured by equipment 8,906 115,779 Note payable with interest in monthly installments of $19,075 through March 2018. Secured by equipment. 76,300 286,125 Equipment loan payable at 2.19% interest in monthly installments of $304 through July 2018. Secured by construction equipment. 2,112 5,670 Equipment loans payable at 1.54% interest in monthly installments of $412 through July 2018. Secured by construction equipment. 8,623 23,219 Note payable at 3.25% interest in monthly installments of $8,634 through August 2018. Secured by construction equipment, 68,231 167,809 Note payable with interest in monthly installments of $17,542 through July 2019. Secured by construction equipment. 350,838 543,799 Note payable at 3.30% interest in monthly installments of $4,167 through July 2019. Secured by construction equipment. 77,038 123,663 Note payable at 1.75% interest in monthly installments of $13,930 through July 2020. Secured by construction equipment. 11 421,924 580,201 CMES, INC. & AFFILIATES NOTES TO THE COMBINED FINANCIAL STATEMENTS December 31, 2017 and 2016 S. NOTES PAYABLE (continued) 2017 2016 Note payable at 3.30% interest in monthly installments of $10,714 through August 2021. Secured by construction equipment. $ 443,443 $ 555,367 Note payable at 4.50% interest in monthly installments of $31,939 through September 2021. Secured by construction equipment. 1,437,255 - Note payable at 4.50% interest in monthly installments of $2,970 through June 2021. Secured by construction equipment. 121,779 - Note payable at 4.50% interest in monthly installments of $15,928 through December 2020. Secured by construction equipment. 557,489 Notes payable at 4.50% interest in monthly installments of $25,906 through October 2021. Secured by construction equipment. 1.192,136 - Total 4,982,410 2,913,986 Less: current portion (1,785.441) (1,264,4461 Total notes payable $ 3.196.969 $ 1,649.540 The following is a schedule of future minimum principal payments under the notes payable: 2018 $ 1,785,441 2019 1,425,230 2020 1,125,615 2021 646,124 Total $ 4.982.410 The Company maintains a safe harbor 401(k) retirement plan for all eligible employees who meet certain criteria such as age, term of employment, etc. The Company will match 100%a of the participant's salary deferrals for the plan year that do not exceed 3% of participant's compensation for the same year, plus 50% of the participant's salary deferrals that exceeds 3% of compensation but not to exceed 5% of the participant's compensation for the same plan year. As of December 31, 2017 and 2016, the Company contributed $42,577 and $41,709, respectively. The Company loans funds and receives funds from other related entities through common ownership that are not combined in these financial statements. Amounts due from related entities were $1,926,305 and $1,508,223 as of December 31. 2017 and 2016, respectively. 12 CMES, INC. & AFFILIATES NOTES TO THE COMBINED FINANCIAL STATEMENTS December 31, 2017 and 2016 Cash and Cash Equivalents The Company maintains their cash balances at financial institutions. These balances are insured by the Federal Deposit Insurance Corporation (FDIC) up to $250,000. At various times during the year, the Company's cash balances exceeded this limit. Contracts Receivable During the year ended December 31, 2017, the Company performed approximately 28% of its contract revenues with one customer. This customer accounted for approximately 3% of contract receivables at December 31, 2017. During the year ended December 31, 2016, the company performed approximately 43% of its contract revenues with three customers. These customers accounted for approximately 51 % of contract receivables at December 31, 2016, The following schedule summarizes changes in backlog on contracts at December 31, 2017 and 2016. Backlog represents the amount of gross revenues the Company expects to realize from work to be performed on contracts in progress at year end. Backlog at January 1, New contracts during the year Subtotal Less: contract revenues earned during the year Backlog at December 31, FMaf1VbW1�"MM"1__3 lift 2017 2016 $ 86,562,426 64,041,041 150,603,467 (48,313,903) $ 51,937,190 73,223,593 125,160,783 (38,598,357) $ 102,289,564 $ 86.562,426 A buy -sell agreement exists between the two stockholders of the Company. This agreement places restrictions on the disposition of the Company's stock by a stockholder. The stockholders have the first option to purchase stock being disposed of and then the second option passes to the Company. Management has evaluated subsequent events as of April 30, 2018, the date the combined financial statements were available for issue. The Company is not aware of any other significant events that occurred subsequent to the combined balance sheet date but prior to the issuance of this report that require adjustment to the combined financial statement or disclosure in the notes to the combined financial statements. 13 SUPPLEMENTARY INFORMATION Property and equipment Machinery and equipment Furniture and fixtures Trucks and autos Total property and equipment Less: accumulated depreciation Total property and equipment, net her assets Deposits Due from affiliates Due from stockholders Total other assets Total assets 13,217,)66 CMES, INC. & AFFILIATES 18,378,459 COMBINING BALANCE SHEETS 54,131 - December 31, 2017 and 2016 54,131 54,131 75&930 ASSETS 2,748 1,389,134 Construction 14,030,227 5,788.751 2,748 Material 19,821,726 14,018,799 (6,934,042) Distribution Concrete 2017 Combined 2016 Combined (8,551,884) CMES, Inc. Ccntcr Specialty, Inc. Eliminations Total Total Current assets 11,269842 7,603,724 Cash and cash equivalents S 9,079,304 S 700,140 5 165,558 S S 9,945,002 S 13,845,186 Contract receivables 8,944.198 8,944,198 8,454,536 Accounts receivable - employees 3,837 3,831 - investment in securities 2,448,617 2,448,617 2,138,576 Costs and estimated earnings in excess of billings on 42,558 uncompleted contracts 695,001 695,001 643,307 Prepaid expenses 125,671 125,671 208,201 Total current assets 21,296,622 700,140 165,558 22 62.320 25;289,806 Property and equipment Machinery and equipment Furniture and fixtures Trucks and autos Total property and equipment Less: accumulated depreciation Total property and equipment, net her assets Deposits Due from affiliates Due from stockholders Total other assets Total assets 13,217,)66 5,161,293 18,378,459 12,793,604 54,131 - 54,131 54,131 75&930 627,458 2,748 1,389,134 1,171,054 14,030,227 5,788.751 2,748 19,821,726 14,018,799 (6,934,042) {1;615,094) _ 12,748) (8,551,884) (6,415,065) 7,096,185 4,173,657 11,269842 7,603,724 20,921 20,921 18,075 2,648,134 28,500 (750329) 1,926,305 1,508,224 42,558 - 42,558 177,442 2,711,613 28,500 (750,329) 1,989,784 1,703,741 S_ 31,104,420 S_ 4,902,297 $ 165,888 $_ (750,329) S_ 35,421,946 5 34,597,271 See independent accountant's review report, 15 CMES, INC, & AFFILIATES COMBINING BALANCE SHEETS (continued) December 31, 2017 and 2016 LIABILITIES AND STOCKHOLDERS' EQUITY Construction Material See independent accountant's review report. 16 DistributionConcrete 2017 Combined 2016 Combined CMES, Inc. Center Specialty, Inc. Eliminations Total Total Current liabilities Accounts payable S 1,249,642 S 48,803 S 1,151 S $ 1,299,596 S 8,188,471 Accrued expenses 2,144,824 - 64 2 144,888 62,442 Current portion ofnotespayable 1,319,823 465,618 - 1,785,441 1,264,446 Billings in excess of costs and estimated eamings on uncompleted contracts 10.512,042 10.512,042 8,174,463 Total current liabilities 15,226.331 514,421 1,215 15,741.967 17,689,822 Lona -term liabilities Notes payable, net of corrcm portion 2.264,283 932,686 - - 3,196,969 1,649,540 Due to affiliates 25,058 665,648 59,623 (750,329) Total long-term liabilities 2,289,341 1.598,334 59,623 (750,329) 3,196,969 1,649,540 95lat Capital stock Soo 10,000 10,00D - 20,500 20,500 Additional paid in capital 106,258 - - 106,258 106,258 Retained earnings 13,149,981 2,779,542 94,720 16,024,243 15,045,757 Other comprehensive income 332,009 332,009 85,394 Total equity 13,588,748 2,789,542 104,730 16,483,010 15,257,90 Total liabilities and equity $ 31,104.420 $_ 4,902 297 $_ 165,558 S (750,329) S. 35,421.945 $ 34,597 271 See independent accountant's review report. 16 CMES, INC. & AFFILIATES COMBINING STATEMENTS OF INCOME AND COMPREHENSIVE INCOME (LOSS) For the years ended December 31, 2017 and 2016 REVENUE Contract revenue Construction services Total revenues COST OF REVENUES Contract costs Total cost of revenues Gross profit INDIRECT EXPENSES OPERATING EXPENSES Income (loss) from operations OTHER INCOME OTHER EXPENSES NET INCOME (LOSS) OTHER COMPREHENSIVE INCOME Unrealized gains on securities OTHER COMPRENSIVE INCOME TOTAL COMPREHENSIVE INCOME (LOSS) See independent accountant'sreview report, 17 Construction Material Distribution Concrete 2017 Combined 2016 Combined CMES, Inc. Center Specialty, Inc, Eliminations Total Total $ 48,313,903 S - $ - S - $ 48,313,903 $ 53,973,936 - 2,35b.545 - (2.356,5451 48,313,903 2.356,545 (2,356,545) 48,313,903 53,.973,936 37,909,610 - (571,015) 37,338,595 40,799,675 37,909,610 (571,015) 37,338,595 40,799,675 10,404,293 2,356,545 - (1,785,530) 10,975,308 73,174,261 (2,296,998) (674,607) (122,769) 1,785,530 (1,308,844) (1,287,406) (3,585,271) (60,3891 (13,018) (3,658,678) (3,843,890) 4,522,024 1,621,549 (135,787) 6,007,786 8,042,965 309,433 80,389 85,316 475,138 452,859 (108,216) _ (6,146) - _____Ll 14,362) (169,289) 4,723,241 1,695,792 (50,471) - 6,368,562 8,326,535 246,615 - 246,615 111,830 246,615 - - - 246,615 111,830 $ 4,969,556 S 1,695,792 $ (50,471) $ $ 6.6]5,77 $ 8.438,365 See independent accountant'sreview report, 17 CMES, INC. & AFFILIATES COMBINING SCHEDULES OF OPERATING EXPENSES For the years ended December 31, 2017 and 2016 Construction Material Concrete Distribution Specialty, 2017 Combined 2016 Combined CMES, Inc, Center Inc, Eliminations Total Tota! OPERATING EXPENSES Advertising $ 1,488 $ - $ - $ $ 1,488 $ 11,847 Automobile 25.910 6,426 800 - 33,136 911,999 Bank charges 1,592 353 68 2,013 2,643 Computer maintenance 149,733 - - 149,733 132,205 Employee benefits 66,546 - 66,546 68,077 Employee training 79,557 - 79,557 46,689 Insurance 518,913 - - 518,913 442,770 Professional services 124,026 - 124,026 320,345 Office 35,559 17,222 - 52.781 110,815 Plans and bid costs 79,598 - - 79,598 95,165 Rent 114,000 6,000 12,000 132,000 126,000 Repairs and maintenance 134,260 - - 134,260 540,597 Salaries Officers 612,815 - - 612,815 492,422 Office 1,331,727 - - 1,331,727 1,069,598 Taxes and licenses 242,648 30,388 150 273,186 208,933 Telephone 39,827 - - 39,827 36,568 Travel 598 - 598 3,920 Utilities 26,474 26,474 23,385 Total operating expenses $ 305,271 S 60,389 $ 13,018 $ - $ 3,658.678 S 3,843,890 See independent accountant's review report, 18 CMES, INC. & AFFILIATES COMBINED EARNINGS FROM CONTRACTS For the year ended December 31, 2017 Revenues Cost of Earned Revenues Earned Gross Profit Contracts completed during the year $ 10,299,407 $ 6,281,502 $ 4,017,905 Contracts in progress at year end 38.014,496 31,057,093 6,957,403 Total $ 48.313.903 $ 37.33$.595 $_ 10,975.308 See independem accouwitant's review report. 19 CMES, INC, & AFFILIATES COMBINED SCHEDULE OF COMPLETED CONTRACTS For the year ended December 31, 2017 See independent accountant's review report. 20 Contract T6tals Before January 1, 2017 For the Year ended December 31 2017 Contract # Revenues Cost of Revenues Cost of Revenues Cost of earned revenues Profit (Loss) earned revenues _Profit (Loss) earned revenues Profit (Loss) 13080 $ 15,938,584 $ 12,075,071 $ 3,863,513 $ 14,395,681 $ 11,571,647 S 2,824,034 $ 1,542,903 S 503,424 5 1,039,479 14060 4,480,662 3,346,933 1,133,729 4,059,190 3,297,213 761,977 421,472 49,720 371,752 14070 11,839,224 9,008,437 2,830,787 10,387,922 8,491,032 1,896,890 1,451,302 517,405 933,897 14100 1,545,406 1,024,776 520,630 1,384,372 1,028,757 355,615 161,034 (3,981) 165,015 15010 3,477,676 2,394,911 1,082,765 2,960,446 2,178,433 782,013 517,230 216,478 300,752 15030 13,383,327 11,252,638 2,130,689 11,625,839 9,837,950 1,787,889 1,757,488 1,414,688 342,800 15040 2,271,188 2,609,159 (337,971) 2,184,377 2,157,950 26,427 86,811 451,209 (364,398) 15080 1,931,748 1,586,214 345,534 1,761,849 1,348,819 413,030 169,899 237,395 (67,496) IS100 3,419,804 2,554,398 865,406 2,616,486 1,992,636 623,850 803,318 561,762 241,556 16050 580,219 360,275 219,944 476,042 333,414 142,628 104,177 26,861 77,316 16060 732,392 470,318 262,074 551,095 367,486 183,609 181,297 102,832 78,465 16090 325,530 229,992 95,538 144,923 115,239 29,684 180,607 114,753 65,854 16100 706,774 517,098 189,676 341,569 284,787 56,782 365,205 232,311 132,894 16140 757,653 567,015 190,638 366,823 293,340 73,483 390,830 273,675 117,155 16160 207,367 155,287 52,080 81.124 78,620 2,504 126,243 76,667 49,576 16170 308,566 234,316 74,250 90,101 66,652 23,449 218,465 167,664 50,801 16190 673,036 457,641 215,395 6,192 4,377 1,815 666,844 453,264 213,580 16240 419,752 319,988 99,764 - - - 419,752 319,988 99,764 16260 411,063 351,556 59,507 - - - 411,063 351,556 59,507 Jobs under $100,000 323,467 213,831 109,636 - - - 323,467 213,831 109.636 Totals $ 63,733,438 $ 49.729,854 S_14,003,5 84 S 53,434.03I $ 43.448.352 $ 9.985,679 $ ]0,299,407 $ 6281,502 5 4017 OS See independent accountant's review report. 20 CMES, INC. & AFFILIATES COMBINED SCHEDULE OF CONTRACTS IN PROGRESS For the year ended December 31, 2017 Totalc S 10,419,065 S 9 59 152 S 5.797,490 S 3,461,662 3 38,0)4,496 S 3J,057,093 $ 6,957.403 S 695,0,01 10.512,42 See independent accountant's review report. 21 Total Contract Contract to Date Totals Before January 1, 2017 For the year ended December 3.1, 2017 Costs end Billings in estimated excess of Estimated r4mings in costa and Com mul Estimated Cost Revenues Cost of Revenues Cost of Revenues Cost of excess of estimated Contract N Amount of Revenues Billed to bare Earned Revenues Gross ProM Exmed Revmhcs Choat Profit Earned Revenues Gross Profit billings taming% 15110 S 37,071,499 S 30,624,188 S 24,673,164 520,608,369 S 17,024,257 S 3,584,112 S 7,094,074 5 5.864,152 S 1,229,922 S 13,514,295 S 11,160,105 S 2,354,190 S S 4,064,795 16010 2,617,029 1,971,445 2,291,785 2,596,947 1,956,317 640,630 :11001,959 754,790 247,169 1,594,988 1,201,527 393,461 305,162 16080 981,53.1 735,233 966,476 990,175 666,801 223,374 813,724 609534 204,190 76,451 57,267 19,184 76,301 16110 1,524.369 1,253,783 1,452,581 1,460,314 1,201,098 259,216 213,429 175924 37,505 1,246,885 1.025.174 221,711 7,733 - 1612D 2,033,677 1,430,088 1,491,250 1,075,829 756.526 3.19,303 14.379 11.240 3,139 1,061,450 745,286 316,164 415,421 16130 2,325.642 1,886,615 2,230,963 2,132,304 1,729,775 402,529 45,754 37,149 8.605 2.086,550 1,692,626 393,924 98,659 16150 11,627,822 9,763.545 4.061,841 3,742,679 3,142,619 600,060 105,42D 83,373 22,047 3,637,259 3,059,246 578,013 319,162 16180 5,606,390 4,863,163 1,104,620 11062,598 921,732 140,866 - - 1,062.599 921,732 140,866 42,022 16200 8,599,774 7,425,837 5;338,476 3,893,960 3,362,44 531,556 46,966 38,5()0 8,466 3,X46,994 3,323,904 523,090 1.444,5.16 16210 616,071 463,027 592,788 556,016 419496 136,320 556,016 419,696 136,320 36,772 16220 1,171,062 992,143 941,325 767,908 650,584 117,324 5.570 4-16.1 1,309 762,338 646,323 116,015 73,417 16230 3,797,965 3,307,002 2,457,484 1327,022 1,155,478 171.544 - - - 1,327,021 1,155,478 171,544 1,130,461 16250 2,786.547 2,436.900 2,523,546 2,209,046 1,931.862 277.194 17,877 14,647 3,230 2,191,169 1,917.115 273,954 - 314,500 17010 890,256 774,917 560,457 640,507 557.525 82.983 - - - 640,507 557,525 82.982 80,050 - 17020 4.366,850 3.84,241 1,837,388 950,634 828,158 122,476 - - - 950,634 828,158 122,476 886,754 17030 1,486,449 1,230,801 356,245 420,797 348,426 72,371 - 420,797 348,426 72.371 64,552 - 1740 R20,133 695,575 It10,595 626,600 531,435 95,165 _ _ - 626,600 531,435 95,165 183,985 17050 10,412,558 8,821,408 623.533 .382,309 323.888 58,421 - - 382,309 323,888 58.421 241.224 17060 1,117,912 928,962 362,905 244,414 203.1 D3. 41,311 - - - 244,414 203,103 41,311 118,491 17080 807,248 683,829 415,213 478,242 405.124 73,115 - - - 479142 405,124 73,118 63,029 - 17090 648,991 521,943 189,330 132,775 106,783 25,992 - - - 132,775 106,783 25.992 56,555 17100 5,808,743 4,771,166 - 38,952 31,994 6.958 39,952 31,994 6,958 38,952 - 17110 1,359,417 1,164,006 298,190 133,665 111.980 21.685 133,665 111.950 21,685 164,525 17120 703,994 648,876 450,926 267,559 246,611 20,948 267,559 246,611 20.948 183,167 17130 2,666,028 2,236,054 - 51,929 43,470 8,359 51,829 43,470 8359 51,829 - 17140 960.022 918,636 - 24,745 21,101: 3.644 - - - 24.745 21,101 3,644 24,745 - 17170 7,094,612 6,021,546 341,339 183;478 155,727 27,751 - - - 193,478 155,727 27,751 157,861 17190 519,991 395,944 17,192 13,091 4,101 17,192 13,091 4,101 17,192 17200 26,459.849 21,920,957 918,379 415,026 343,833 71,193 - 415,026 343,833 71.193 503,353 17210 1,000,069 819,185 - 4.639 3,800 339 - - - 4,639 3,800 939 4.639 - 17230 1,716,189 1,184.458 - 9.118 6,293 3,825 - 9.118 6293 2,825 9,118 - Under a IDD,000 34,$33 26.7.19 - 28,000 .20,1x6 7,$14 - -- 26,000 20, 1v6 7,619 Z6,000 - laknoff9'en) ( b (2.267.094) 2,267.094 (1,646.0901 1,696.080 1571.0141 371.014 Totalc S 10,419,065 S 9 59 152 S 5.797,490 S 3,461,662 3 38,0)4,496 S 3J,057,093 $ 6,957.403 S 695,0,01 10.512,42 See independent accountant's review report. 21 "EXHIBIT C" See Exhibit "A" Bona # 2278934 "EXHIBIT D.1" PERFORMANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT CMES, Inc. ("Principal"), and Westport Insurance Corporation ("Contractor's Surety"), are held and firmly bound unto City of Milton, Georgia ( "City"), for the use and benefit of the City, in the sum of Two Million, Three Hundred Forty-two Thousand, Two Hundred Eight Dollars and Five Cents ($2,342,208.05), 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 for the construction of a project known as ITB 19-PWO1, NE Crabapple Connector Project (hereinafter referred to as "the Project"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "Agreement"). NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Agreement, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions, and requirements of the Agreement, including all modifications, amendments, changes, deletions, additions, and alterations thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Agreement by the Principal, which shall include, but not be limited to, any breach or default of the Agreement: a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) calendar days after written notice from the City to the Contractor's Surety; and b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor's Surety hereby waives notice of any and all modifications, omissions, additions, changes, and advance payments or deferred payments in or about the Agreement, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seat. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact, as set forth below. [SIGNATURES ON FOLLOWING PAGE] CONTRACTOR ("Principal"): CMES. Inc. RAM P.51 -t �-. suttAG t A = (lx'i�EAL Title: 1,5INT '%(1SEAL�RG �,•: Attest: Date: j Z L- 20) S (s' ature) CttArog- S. CHttt,6kt,4Y,4 (print) Title: C • 1: • O Date: 12-h L- -,,o 1 cd CONTRACTOR'S SURETY: Westport Insurance Corporation 13y: Edward Moonev Title Attest: Date: Tonya Kinsey (print) Title: Agent Date: 12- t4- (' Attorney -in -Fact lz- t�A - kg (ATTACH SURETY'S POWER OF ATTORNEY) (signature) SEAL I Bond # 2278934 "EXHIBIT D.2" PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT CMES, Inc. ( "Principal"), and Westport Insurance Corporation ( "Contractor's Surety"), are held and firmly bound unto City of Milton, Georgia ( "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of Two Million, Three Hundred Forty-two Thousand, Two Hundred Eight Dollars and Five Cents ($2,342,208.05), 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 for the construction of a project known as ITB 19-PWO1, NE Crabapple Connector Project (hereinafter referred to as "the Project"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "Agreement"). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services, and materials used or reasonably required for use in the performance of the Agreement, then this obligation shall be void; otherwise to remain in full force and effect. A "Claimant" shall be defined herein as any subcontractor, person, party, partnership, corporation, or other entity furnishing labor, services, or materials used or reasonably required for use in the performance of the Agreement, 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 Agreement with the Principal or any subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a lien against the property of the City affected by the Agreement, 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 Agreement. 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 WRERE OF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers, as set forth below. [SIGNATURES ON FOLLOWING PAGE] CONTRACTOR: CMES. Inc. By: signature) PAM 1: S h 3 • Sy HACr/A (p `i)it>P1C S `' rj Title: R P—f3 SI DF_ N T � Date: l 2 l 4- 20 lis — SEAL 0FORG�P Attest: (sig ture) iA(printed) Title: C. F• O Date: 1Lf 201 '2S- Attest: 2S Attest: Tonya Kinsey (printed) Title: Agent Date: 1Z-14-- k'R CONTRACTOR'S SURETY: Westport surance Corporation By: (signature) Edward Mooney (printed) Title: Attorney -in -Fact (� Date. 12--14-17 (ATTACH SURETY'S POWER OF ATTORNEY) SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL, INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY TIIESE PRESEN'T'S, THAT North American Specialty Insurance Company, a corporation duly organized and CXisti]12 under latus of the State of New Hampshire, and having its principal oft -ice in. the City of Overland Park, Kansas and Washington International Insurance Company a corporation organized and existin- under the laws of the State of New: Hampshire and having its principal office in the City of Overland Park, Kansas, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Oh erland Park, Kansas each does hereby make, constitute and appoint: EDWARD MOONEY, ROBERT CARLETON WYNNE, and KATARZYNA GRIFFIN JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and gleed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contract, of suretyship as are or may be required or permitted by Ia,,y, regulation, contract or other) ise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power- of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two ofthe President, any Senior Vice President, anv Vice President; any Assistant Vice President, the Secretary or -any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds. undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company: and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by tacsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be bidding upon the Company when so affixed and in the future with re,-�ard to any bond, undertaking or contract of surety to which it is attached." By ✓� I C r a +bu....... Slcveil'.. Anticrtnn,,IIiiit Ice'resitent lit a ungton mtonm e-ae n'nran-Copany ,ppA%.'}� & Senior N ere President of North American specialty insurance Company a�: oSEAL • Senior N ice President of 1kestport Imurance Corporation °® By Mike A Ito. Senior vice Ne,ident of R ashen Ston International l lnsutance Company d„• � & SeniarX ice Presiilenl of North American specially Insut.utce Company & Senior Vice President of R"estport Insurance Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 08 day of JANUARY , 20 18 North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook ss: On this M day of _JANUARY" 20 lg, before me, a Ntotary Public personally appeared Steven h. Anderson, Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who bein by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the Voluntary act and deed of their respective companies. OFFICIAL 5eAL M KEN J _ N�,npi,tosl, r,fn N`Y C�1210r412021 Ypira IN1. Kenny, Notary Public 1, Jeffrey Goldberg the duly electedooW, n► and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and 'grporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said No e can Spec `tr 3i}surance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full fore_ rA eff v{ IN WITNESS WHEREOF, I have se :tom hat an a ixe t xeals of the Companies this day of 20 Jeffrey Goldberg, Vice President & 1 sistant secretary orWashin gton. intent tional Insurance. Cruupany & rtr'eye`!e N.nh Anned-ri Specialty Imumnce Company & Vice President & Assistant Secremty of Westport Insurance Catporation CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENT'S THAT CMES, Inc. ("Principal") located at 6555 McDonough Dr, Norcross, GA 30093, and ("Contractor's Surety"), are held and firmly bound unto the City of Milton, Georgia ("City"), for the use and benefit of the City for maintenance of improvements as described below in the sum of 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 into a certain written Agreement with the City, for the construction of a project known as NE Crabapple Connector Project, (hereinafter referred to as the "Project") which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "Agreement"); and WHEREAS, said Project has been approved by the City of Milton, under the terms that a 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 the date of final completion of the Project, repair and replace any defects arising from the Project in accordance with all applicable federal and state laws, with the Agreement, and with all applicable City regulations, including but not limited to the Code of Ordinances for the City of Milton, Georgia, in force as of the date of said approval. IOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall repair and replace any defects arising from the Project; 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 repairing and/or replacing the Project, 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 subject to the advance written approval of the City. The parties further expressly agree that any action on this bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this day of , 201 [SIGNATURES ON THE FOLLOWING PAGE] Signature Print Name Date Title (President or Vice President for Corporation) [AFFIX CORPORATE SEAL] Signature Print Name Title ((Assistant) Corporate Secretary) (blame of Contractor's Surety) Signature Print Name Date Title_.._----------------_ - [AFFIX SEAL] Signature Print Name Title ((Assistant) Corporate Secretary) (ATTACH SURETY'S POWER OF ATTORNEY) "EXHIBIT E" NONCOLLUSION AFFIDAVIT OF PRIME BIDDER STATE OF CI- tri COUNTY OF a tit vi vi e. 4 } R_AM C S'M • G . Go 1- ACrY A , being first duly sworn, deposes and says that: (1) He is P Rr�s 1 D C N -r (Owner, Partner, Officer, Representative, or Agent) of CMES, Inc. (the Bidder) that has submitted the attached Bid; (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive of a sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, included in this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price of any other Bidder or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Milton or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this Affiant. (6) Bidder has not directly or indirectly violated any law, ordinance or regulation related to the Bid. "A h. Signature of orize �ceVor Agent RA-ME511 S.S 171194*1A, PW JDJr1.11 Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 20. Not ublic [NOTARY '°�E4L) Vii.... [y$di�rriission i4' jres: PRAVIN N PATEL-NOTARY PUBLIC Gwinnett County - State of GA My Comm. Expires Jan 24.2021 "EXHIBIT F" I, , hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by or any of its subcontractors in connection with the construction of for City of Milton, Georgia 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 City of Milton, Georgia 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 "EXHIBIT G.1" STATE OF (,rr 0 RG -1 A COUNTY OF CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City 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: 46157 Federal Work Authorization User Identification Number © G 12 7 12 -co -7 Date of Authoriza of n CMES. Inc. Name of Contractor NE Crabapple Connector Project Name of Project City of Milton. Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on.7)pc. L 20 t6 in /46Ls1c %vSS (cityncA . (state). Signafure ofari a 1 -Officer or Agent RAMESN S. SI�H�GriA,�FRE DF-tNT Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE /5;:4)' DAY OF 20197. No ublic ate^ PRAVIN N PATEL-NOTARY PUBLIC [I ,'1jOTARX SEAL] aom•�+.t ,?I9,G-ommissiori f xpir, 01 COIJt� Gwinnett County - State of GA My Comm. Expires Jan 24, 2021 "EXHIBIT G.2" 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 perfonnance of services under a contract with CMES, Inc. (name of contractor) 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 NE Crabapple Connector Project Name of Project City of Milton, Gcorgia 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 .20] NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: u *M UTO IN S; See Exhibit "A" Plans notphysically attached to Exhibit A are expressly incorporated by reference. A. Payment for Work Completed and Costs Incurred. City agrees to pay the Contractor for the Work performed and costs incurred by Contractor upon certification by the Contract Administrator and the City that the Work was actually performed and costs actually incurred in accordance with this Agreement. Payment shall be based on the value of the Work completed, as provided in the Contract Documents, plus the value of materials and equipment suitably stored, insured, and protected at the construction site, and, only if approved in writing by the City (which approval shall be given at the sole discretion of the City), such materials and equipment suitably stored, insured, and protected off site at a location approved by the City in writing, less retainage (as described below). Compensation for Work performed and reimbursement for costs incurred shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed and costs incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. Invoices shall be submitted on a monthly basis. 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. The City shall pay the Contractor within thirty (30) calendar days after approval of the invoice by City staff, less any retainage as described in Section D below. No payments will be made for unauthorized work. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand -delivered, though the Contractor may arrange to pick up payments directly from the City or may make written requests for the City to deliver payments to the Contractor by Federal Express delivery at the Contractor's expense. B, Evaluation of Payment Requests. The Contract Administrator will evaluate the Contractor's applications for payment and will either issue to the City a Certificate for Payment (with a copy of the Contractor's application for payment) for such amount as the Contract Administrator determines is properly due; or notify the Contractor and City in writing of the Contract Administrator's reasons for withholding certification in whole or in part. The Contract Administrator may reject Work that does not conform to the Contract Documents and may withhold a Certificate of Payment in whole or in part, to the extent reasonably necessary to protect the City. When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. Even following a Certificate of Payment, the City shall have the right to refuse payment of any invoice or part thereof that is not properly supported, or where requests for payment for Work or costs are in excess of the actual Work performed or costs incurred, or where the Work product provided is unacceptable or not in conformity with the Contract Documents, as determined by the City in its sole discretion. The City shall pay each such invoice or portion thereof as approved, provided that neither the approval or payment of any such invoice, nor partial or entire use or occupancy of the Project by the City, shall be considered to be evidence of performance by the Contractor to the point indicated by such invoice, or of receipt or acceptance by the City of Work covered by such invoice; where such work is not in accordance with the Contract Documents. C. Final Payment and Retainage. The 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 Maximum 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 substantial completion. Once fifty percent (50%) of the Maximum 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. All amounts retained by the City shall be held as a lump sum until substantial completion of the Work, regardless of earlier completion of individual component(s) of the Work; provided, however, that, 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 substantial completion of the Work and as the Contract Administrator 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 or Work that is incomplete through no fault of the Contractor, as determined by the City in its sole discretion, an amount equal to 200 percent of the value of each minor item or item of Work that is incomplete through no fault of the Contractor, as determined by the City in its sole discretion, as determined by the Contract Administrator in its sole discretion, shall be withheld until such item, items or work 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%u) 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. Final payment of any retained amounts to the Contractor shall be made after certification by the Contract Administrator that the Work has been satisfactorily completed and is accepted in accordance with the Agreement and Contract Documents. Neither final payment nor any remaining retainage shall become due until the Contractor submits to the Contract Administrator (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 thirty (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. Reserved. "EXHIBIT M" Contractor Resj2onsibility for Project and Worksite During Construction Maintenance of Worksite: The Contractor shall maintain the Project and the surrounding worksite from the beginning of the Work until final completion of the Project. Such maintenance duties include, but shall not be limited to, continuous and effective prosecution of the Work day by day with adequate equipment and forces to ensure that the roadway or structures within the Project worksite are kept in satisfactory condition at all times. All existing guard rail, signs, pavement, pavement markings, bridge handrail, traffic control devices and other safety appurtenances that are not subject to removal or relocation in the completion of the Work shall also be maintained in a safe and satisfactory condition. The Contractor shall not allow vegetative growth at any time to obstruct signs, delineation, traffic movements, or sight distance. The Contractor shall, as necessary to keep the worksite clean and clear of all litter and debris, clean up and remove litter and debris. These requirements shall apply to all areas within the Project worksite (i.e., the Project termini and lateral limits)_ All maintenance costs during construction and before the Work is accepted will be included in the Maximum Contract Price (and any individual flat fee or unit prices), and the Contractor will not be paid any additional compensation for such maintenance services. 2. Repair of Worksite and Private Property In the Case of Damage: From the beginning of the Work until the final completion, the Contractor shall take every precaution against injury or damage to any part of the Project and the surrounding worksite by any cause whatsoever. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the Project or the worksite (with the exception of injury or damage caused by the sole negligence of the Owner) before final completion and shall bear the expense thereof. In case of suspension of Work from any cause whatsoever, the Contractor shall be responsible for the Project and shall take such precautions as may be necessary to prevent damage to the Project, provide for normal drainage and shall erect any necessary temporary structures, signs, or other facilities at its expense. Where the City elects to carry out a portion of the Work, in accordance with Section l 7 (A)(ii) of the Agreement, the City will determine if certain precautions are unnecessary and may be waived in that instance. The Contractor shall also take every precaution against injury or damage to private property in or around the worksite and shall repair or replace any private property damaged (directly or indirectly) by the Work. For purposes of progress payments and retainage calculation, and except where otherwise approved by the City in writing, damage to the Project or the worksite shall be repaired to the satisfaction of the City before the Work shall be deemed to have increased in value such that any further progress payments are due to the Contractor. Further, except where otherwise approved by the City in writing, any damage to private property in or around the worksite, which damage is caused by the Contractor, shall be repaired or otherwise addressed to the satisfaction of the City before the Work shall be deemed to have increased in value such that any further progress payments are due to the Contractor. Roadway Maintenance and Repair Duties in Relation to Traffic Activity: If the Project requires that traffic be maintained through the Project worksite during the prosecution of the Work, the Contractor shall assume all responsibility for damage to the Project and surrounding worksite caused by such traffic until final completion of the Work. If the Work requires that traffic be relocated to an alternate roadway or the Project is constructed on a new location, the Contractor shall be responsible for all damage to the Project and the worksite until the City directs that the Project be opened to traffic. At that time, the Contractor will no longer be responsible for traffic -related damage to the Project or worksite other than damage attributable to the Contractor's actions or inadequate construction. TO: FROM: MILTON111 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 29, 2019 Steven Krokoff, City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and CMES, Inc. for the Birmingham Road Culvert Project. MEETING DATE: Monday, February 4, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (�IA PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: („YES () NO CITY ATTORNEY REVIEW REQUIRED: (YES () NO APPROVAL BY CITY ATTORNEY: (,,}/APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 40)ItIQ 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Matthew Fallstrom, Capital Projects Manager Date: Submitted on January 29th, 2019 for the February 4th, 2019 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and CMES Inc. for the Birmingham Road Culvert Project _____________________________________________________________________________________ Project Description: The work to be completed under this agreement includes. A general description of the Project is as follows: The removal of the bridge and construction of a double barrel culvert at on or around 1500 Birmingham Road., in accordance with the plans and specifications. Procurement Summary: Purchasing method used: Bid Award-ITB (Over $50,000) Account Number: 300-4101-541401200 Requisition Total: $ 617,805.00 Vendor DBA: CMES Inc. Other quotes or bids submitted (vendor/$): Vendor/Firm Quote/Bid Site Engineering $639,500.00 JG Leone Enterprises $950,000.00 Financial Review: Bernadette Harvill, January 29, 2019 Legal Review: Sam VanVolkenburgh, January 18, 2019 Attachment(s): Construction Services Agreement HOME OF "HFBFI O,�A'.+tt CF I&F N GFCRG-A' M 1 LTONIP' ESTABLISHED 2DD6 CONSTRUCTION SERVICES AGREEMENT Birmingham Road Culvert Project This Construction Services Agreement (the "Agreement") is made and entered into this _ day of , 20_ (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Milton City Council (hereinafter referred to as the "City"), and CMES, Inc., a Georgia Corporation (hereinafter referred to as the "Contractor"), collectively referred to herein as the "Parties". WITNESSETH: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project, as defined below; and WHEREAS, the City solicited Bids for construction of the Project pursuant to the Request for Bids, dated November 8, 2018, attached hereto as "Exhibit A" and incorporated herein by reference; and WHEREAS, the Contractor submitted a complete and timely bid, attached hereto as "Exhibit B" and incorporated herein by reference, and met all bid requirements such that the City awarded Project Number 19-PW02 to the Contractor; and WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, the Contractor has represented that it is qualified by training and experience to perform the Work; and WHEREAS, based upon Contractor's bid, the City has selected Contractor as the successful bidder, and WHEREAS, Contractor desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance Construction Services Agrecmcnt I Version 1.0 of Work, and Contractor is aware that it must be licensed to do business in the State of Georgia. NOW THEREFORE, F ORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: Section 1. Contract Documents This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the "Contract Documents": A. Request for Bids, attached hereto as "Exhibit A"; B. Bid Documents from Contractor, dated December 4, 2018 attached hereto as "Exhibit B"; C. Scope of Work, attached hereto as "Exhibit C"; D. Performance Bond, Payment Bond, and Maintenance Bonds, attached hereto collectively as "Exhibits D.1, D.2, and D.3"; E. Noncollusion Affidavit of Prime Bidder, attached hereto as "Exhibit E"; F. Final Affidavit, attached hereto as "Exhibit F",- G. ";G. Alien Employment affidavits, attached hereto as "Exhibits G.1 and G.211; H. Plans, drawings and specifications, attached hereto collectively as `Exhibit "; 1. Additional Payrnent/R.etainage Requirements, attached hereto as "Exhibit 1"; J. Reserved. K. Reserved, L. Reserved. M. Supplementary Conditions (if issued), attached hereto as "Exhibit "; N. City of Milton Code of Ethics (codified in the official Code of the City of Milton); O. The following, which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Change Orders (defined in Section 6 below), other written amendments, and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed ('011811-LICli011 Services Asyreenncnt I Versiorx 1.0 by the Parties. A. Project. A general description of the Project is as follows The removal of the bridge and construction of a double barrel culvert at on or around 1500 Birmingham Road., in accordance with the plans and specifications included herein (the "Project"). A third -party, BM&K, P.C., has been retained to provide construction inspection services related to this Project. B. Contract Administrator. The Contract Administrator for this Agreement shall be: Matthew Fallstrom, Capital Projects Manager. On behalf of the City, BM&K will provide continuous project inspection, oversight, and administration of the construction and may be delegated the role of Contract Administrator for certain purposes. A. The Work. The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in "Exhibit C", attached hereto and incorporated herein by reference. The Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term "reasonably inferable" takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents. In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. B. Reserved. C. Plans, Drawings and Specifications. The plans, drawings and specifications provided in "Exhibit ", attached hereto, are hereby acknowledged by the Parries and incorporated herein by reference. D. Shop Drawings, Product Data, and Samples. Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents, but must be in conformity therewith. The purpose of their submittal is to demonstrate, for those portions of the Work for which submittals are required by the Contract Documents, the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. C onsiruction Scrvic es Agreement I Version 1.0 (i) "Shop Drawings" are drawings, diagrams, schedules and other data specifically prepared for the Work by the Contractor or a subcontractor, stab -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. (ii) "Product Data" are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. (iii) "Samples" are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. The Contractor shall review for compliance with the Contract Documents and shall approve and submit to the Contract Administrator Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the City or of separate contractors. By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Contract Administrator without action. The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved in writing by the Contract Administrator, provided that submittals that are not required by the Contract Documents may be returned without action. The Work shall be completed in accordance with approved submittals, provided that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Contract Administrator's approval of Shop Drawings, Product Data, Samples or similar submittals, unless the Contractor has specifically informed the Contract Administrator in writing of such deviation at the time of submittal and (1) the Contract Administrator has given written approval to the specific deviation as a minor change in the Work, or (2) a written Change Order has been issued and approved to authorize the deviation. The Contract Administrator's approval of the Shop Drawings, Product Data, Samples or similar submittals shall not relieve the Contractor of responsibility for errors or omissions therein. The Contractor shall, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, direct the Contract Administrator's attention to any additional revisions included other than those requested by the Contract Administrator on previous submittals. In the absence of such written notice Construction Services Agreenlcni 1 Version l .tl drawing the Contract Administrator's attention to such additional revisions, the Contract Administrator's approval of a resubmission shall not apply to such additional revisions. The Contractor shall maintain at the Project site(s) one record copy of the Contract Documents in good order and marked currently to record field changes and selections made during construction and one record copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These documents shall be available to the City and Contract Administrator and shall be delivered to the Contract Administrator or City upon completion of the Work. Qedion 4. Contract Term, Liguidated Damages, Occupancy of Use A. Contract Term. The term of this Agreement ("Term") shall commence on the Effective Date and continue until the earlier of (i) completion of and payment for all Work; or (ii) the proper termination and non -renewal of this Agreement (provided that certain obligations, including but not limited to Warranty obligations, will survive termination/expiration of this Agreement). Contractor warrants and represents that it will perform its Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The Contractor shall complete all Work by September 1, 2019. The road closure with detour may not start until Thursday, May 23, 2019 and must be open to traffic on Wednesday, July 31, 2019. Every effort will be made by Contractor to shorten this period. If the Term of this Agreement continues beyond the City fiscal year (October 1 — September 30) in which this Agreement is executed, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on September 30 each fiscal year of the Term, and further, that this Agreement shall automatically renew on October 1 of each subsequent fiscal year absent the City's provision of written notice of non -renewal to Contractor at least five (5) calendar days prior to the end of the then current fiscal year. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by the City. B. Time is of the Essence; Liquidated Damages. Contractor specifically acknowledges that TIME IS OF THE ESSENCE of this Agreement and that City will suffer financial loss if the Work is not completed in accordance with the deadlines specified in Section 4(A) above and within the Contract Documents. The City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City if the Work is not completed within the specified times. Accordingly, instead of requiring any such proof, the City and Contractor agree that, as liquidated damages for delay (but not as a penalty), the Contractor shall pay to the City four hundred fifty and 00/100 Dollars ($450.00) for each and every calendar day that expires after a deadline provided in the Contract Documents. C. Expediting Corn 1p etion. The Contractor is accountable for completing the Work Cojistruction Services A�greenient I Version 1.0 within the time period provided in the Contract Documents. If, in the judgment of the City, the Work is behind schedule and the rate of placement of work is inadequate to regain scheduled progress to ensure timely completion of the entire Work or a separable portion thereof, the Contractor, when so informed by the City, shall immediately take action to increase the rate of work placement by: (1) An increase in working forces; (2) An increase in equipment or tools; (3) An increase in hours of work or number of shifts; (4) Expediting delivery of materials; and/or (5) Other action proposed if acceptable to City. Within five (5) calendar days after such notice from City that the Work is behind schedule, the Contractor shall notify the City in writing of the specific measures taken and/or planned to increase the rate of progress. The Contractor shall include an estimate as to the date of scheduled progress recovery. Should the City deem the plan of action inadequate, the Contractor shall take additional steps to make adjustments as necessary to its plan of action until it meets with the City's approval and such approval is provided in writing by the City. D. Partial Occupancy or Use. The City may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement between the City and Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the City and Contractor have accepted in writing the responsibilities assigned to each of therm for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. Immediately prior to such partial occupancy or use, the City, Contractor and Contract Administrator shall jointly inspect the area to be occupied, or portion of the Work to be used, in order to determine and record the condition of the Work. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. Section S. Contractor's Compensation; Time and Method of Payment A. Maximum Contract Price. The Work shall be performed for the lump sum price of Five -Hundred -Fifty -Seven Thousand, Eight Hundred and Five dollars ($557,805.00). Contractor represents that this lump sum price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. In addition, a $60,000 contingency fund is created, to be accessed solely in the City's discretion, to allow the City to add minor additional items of related work. (Any such additional work shall be memorialized as written Change Orders to this C'onlsiruclioll Sel-Oces A"recnleili 1 Versioli L0 Agreement, in accordance with the City's purchasing policy). The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed six -hundred and seventeen thousand, eight -hundred and five dollars $617,805.00 (the "Maximum Contract Price"), except as outlined in Section 6 below. B. Additional Payment Requirements. Additional payment requirements are included as "Exhibit I", attached hereto and incorporated herein by reference. C. Material Deviations. Any material deviations in tests or inspections performed, or 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 written Change Orders, as described in Section 6 below. Whenever the Contract Administrator considers it necessary or advisable, it shall have authority to require inspection or testing of the Work. However, neither this authority of the Contract Administrator nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Contract Administrator to the Contractor, subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. D. Taxes. The City is a governmental tax-exempt entity and shall not be responsible for paying any taxes on any materials or services provided for herein. At Contractor's request, City shall provide evidence of its tax-exempt status. To the extent, if any, that the City furnishes tangible personal property to Contractor for incorporation into the Project, Contractor shall be responsible for paying the amount of tax owed for such tangible personal property. A. Change Order Defined. A "Change Order" means a written modification of the Contract Documents, signed by representatives of the City and the Contractor with appropriate authorization. R. Right to Order Changes. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Change Orders and 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. C. Change Order Requirement. Any work added to the scope of this Agreement by a Change Order shall be executed under all the applicable conditions of this C onstl'Liction See -vices Agrecn eni I Version 1.0 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. D. Authority to Execute Change Order. 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 Maximum Contract Price, as set forth in Section 5(A) above. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Milton City Council. E. Minor Changes in the Work. The Contract Administrator will have the authority to order minor changes in the Work not involving adjustment in the Maximum Contract Price or extension of the Term and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order signed by the Contract Administrator. The Contractor shall carry out such written orders promptly. If the minor changes subsequently may affect adjustments in the Maximum Contract Price or the Term, the changes shall then be converted to a written Change Order by the requesting Party. Section 7e Covenants of Contractor A. Ethics Code, Conflict of Interest (i) Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of his knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Contractor become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Contractor shall immediately notify the City. If the City determines that a conflict of interest exists, the City may require that Contractor take action to remedy the conflict of interest or terminate the Agreement without liability. The City shall have the right to recover any fees paid for services rendered by Contractor when such services were performed while a conflict of interest existed if Contractor had knowledge of the conflict of interest and did not notify the City within five (5) business days of becoming aware of the existence of the conflict of interest. (ii) Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement Coiistructimi Services Ag Services j Version 1.0 standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Contractor or higher tier sub - consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. E. 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 this Agreement at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City or the Contract Administrator. The Contractor will be given a minimum of three (3) full business 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 failure to make a good faith effort to resolve problems, may result in termination of the contract for cause. 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 Work in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. The Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of City and the Project in accordance with City's requirements and procedures, and Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. D. Proper Execution by Contractor. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's profession or business and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, and Georgia's Open Records Act (O.C.G.A. § 50-18-70, et seq.). Any additional work or costs incurred as a result of error and/or omission by Contractor as a result of not complying with the Contract Documents or not meeting the applicable standard of care or quality, including but not limited to those of repeated procedures and compensation for the Contract Administrator's services or expenses, will be provided at Contractor's expense and at no additional cost to the City. This provision shall survive termination of this Agreement. Itis the Contractor's responsibility to be reasonably aware of all applicable laws, statutes, ordinances, building codes, and rules and regulations. If the Contractor Coiistruetirni Services A,greenieiit I Version l .O observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Contract Administrator and the City in writing of any portions of the Contract Documents that are at variance with the applicable laws, statutes, ordinances, building codes, and rules and regulations. The Contractor's duties shall not be diminished by any approval by the City or Contract Administrator of Work completed or produced; nor shall any approval by the City or Contract Administrator of Work completed or produced release the Contractor from any liability therefor, it being understood that the City is ultimately relying upon the Contractor's skill and knowledge in performing the Work required under the Contract Documents. Organization of the specifications into divisions, sections and articles, and arrangement of drawings shall not control the Contractor in dividing the Work among subcontractors or in establishing the extent of Work to be performed by any trade. E. Familiarity with the Work. (i) Contractor Familiarity with Work. Contractor represents that it has familiarized itself with the nature and extent of the Contract Documents, the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Contract Documents, site conditions, authorities, tests, reports and studies relative to that portion of the Work, as well as the information furnished by the City, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the Project site(s) affecting it. Contractor represents and agrees that it has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, inconsistencies, or ambiguities in the Contract Documents; however, any errors, inconsistencies, omissions, or ambiguities discovered by the Contractor shall be reported promptly to the Contract Administrator and City in writing. Contractor represents that it has given the City written notice of all errors, omissions, inconsistencies, or ambiguities that the Contractor has discovered in the Contract Documents so far, and the written resolution thereof by the City is acceptable to the Contractor. Further, Contractor acknowledges that its obligation to give notice of all such errors, omissions, inconsistencies, or ambiguities shall be continuing during the Tenn of this Agreement. Any failure on the part of the Contractor to notify the Contract Administrator and City in writing of any errors, omissions, inconsistencies, or ambiguities in the Contract Documents that Contractor {'017strtrctioaa Services Agi-cemem j Version 1.0 discovered or reasonably should have discovered shall result in a waiver and full release by the Contractor of any future arguments or defenses based on such errors, omissions, inconsistencies, or ambiguities against the City. Further, if the Contractor fails to perform its obligations pursuant to this paragraph, the Contractor shall pay such costs and damages to the City as would have been avoided if the Contractor had performed such obligations. (ii) Inspection of Prior Work. If part of the Contractor's Work depends for proper execution or results upon construction or operations by a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Contract Administrator apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the City's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable, and Contractor shall be responsible for all costs and damages resulting from its failure to report reasonably discoverable defects. (iii) Contractor Requests for Information. If, with undue frequency (as determined by the City in its sole discretion), the Contractor requests information that is obtainable through reasonable examination and comparison of the Contract Documents, site conditions, and previous correspondence, interpretations or clarifications, the Contractor shall be liable to the City for reasonable charges from the Contract Administrator for the additional services required to review, research and respond to such requests for information. F. Supervision, Inspection and Construction Procedures. The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Agreement, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety therefor and, except as stated below, shall be fully and solely responsible for the jobsite safety for such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the City and Contract Administrator and shall not proceed with that portion of the Work without further written instructions from the City or Contract Administrator as approved in writing by the City. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of this Agreement. The Contractor shall take reasonable precautions for the safety of, and COIISiruC6011 Sel-ViCCS rig]-Celllenl I Vel-Si{nil 1.0 shall provide reasonable protection to prevent damage, injury or loss to: (a) employees and other persons who may be affected, (b) the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site(s), under care, custody or control of the Contractor or Contractor's subcontractors or sub -subcontractors, and (c) other property at the Project site(s) or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (FCB), encountered on the Project site(s) by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the City and Contract Administrator in writing. G. Tests and Inspections. Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, or ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made promptly at an appropriate time to avoid unreasonable delay in the Work. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the City, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Contract Administrator timely notice of when and where tests and inspections are to be made so that the Contract Administrator may be present for such procedures. Required pen -nits or certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and delivered to the Contract Administrator within ten (10) calendar days of issuance. H. 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. 1. 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 Construction Services AgccefI Vesio1, 1.f) Work 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, or specifications by any person, body, or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. J. Contractor's Reliance on Submissions by the City. Contractor must have timely information and input from the City in order to perform. the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. K. Uncovering, and Correction of Work. If a portion of the Work is covered contrary to the Contract Administrator's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Contract Administrator, be uncovered for examination by the Contract Administrator and be replaced at the Contractor's expense without change in the Agreement Term. If a portion of the Work has been covered which the Contract Administrator has not specifically requested to examine prior to its being covered or which the Contract Documents did not require to remain uncovered until examined, the Contract Administrator may request to see such Work, and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the City's expense, which expense shall be agreed upon in writing prior to being incurred. If such Work is not in accordance with the Contract Documents, correction shall be at the Contractor's expense, unless the condition was caused by the City, in which event the City shall be responsible for payment of such costs including reasonable charges, if any, by the Contract Administrator for additional service, which expense shall be agreed upon in writing prior to being incurred. If the City prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the City may do so instead of requiring its removal and correction, in which case the Maximum Contract Price will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. L. Clean Uy. Contractor shall keep the Project site(s) and surrounding area free from accumulation of waste materials or rubbish caused by operations under this Agreement. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction Constructic7zi Services Aurc.enrelit (VerSion 1.0 equipment, machinery and surplus materials. If the Contractor fails to clean up as provided in the Contract Documents, the City may do so, and the cost thereof shall be charged to the Contractor. M. Contractor's Representative. Oan l.Q� W � (CA. shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. N. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the City. Nothing contained in this Agreement shall be construed to make the Contractor, or any of its employees, servants or subcontractors, an employee, servant or agent of the City for any purpose. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies, and/or materials necessary to complete the Work; hiring of subcontractors, agents, or employees to complete the Work; and the payment of employees, including benefits and 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. There shall be no contractual relationship between any subcontractor or supplier and the City by virtue of this Agreement with the Contractor. 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. It is further understood that this Agreement is not exclusive, and the City may hire additional entities to perform Work related to this Agreement. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. O. Responsibility of Contractor and Indemnification of City. The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold Construction Services Agreement I Vcrsion 1.0 harmless the City and the City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including, but not limited to, attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of alleged willful, negligent, or tortious act or omission 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 act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. 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 an Indemnified Party, by any employee of the Contractor, its subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. P. 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 as 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 the following insurance policies with coverage and limits no less than: (a) Commercial General Liability: $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate comprehensive/extended/enhanced Commercial General Liability policy with coverage including bodily and Construction Services Api-eement I Version 1.0 personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, damage to premises/operations, products/completed operations, independent consultants and contractual liability (specifically covering the indemnity), broad -from property damage, and underground, explosion and collapse hazard. This coverage may be achieved by using an excess or umbrella policy. The policy or policies must be on "an occurrence" basis ("claims made" coverage is not acceptable). (b) Commercial Automobile Liability (owned, non -owned, hired): $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate for comprehensive Commercial Automobile liability coverage (owned, non -owned, hired) including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability: $1,000,000 (one million dollars) limit Professional Liability policy for claims arising out of professional services and caused by the Contractor's errors, omissions, or negligent acts. (d) Workers' Compensation and Employers' Liability: Workers' Compensation policy with limits as required by the State of Georgia and Employers' Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Contractor is a sole proprietor, who is otherwise not entitled to coverage under Georgia's Workers' Compensation Act, Contractor must secure Workers' Compensation coverage approved by both the State Board of Workers' Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers' Compensation Act. Further, the Contractor shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Builder's Risk Insurance: N/A (f) Commercial Umbrella Liability Coverage: $5 million per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers' Liability, and Professional Liability. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing so that Construction Scrviccs Asn-eement i Version 1.0 the City may ensure the financial solvency of the Contractor; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and Umbrella Liability Coverage. (i) Additional Insured Requirement. The City and City's elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually "Insured Party" and collectively "Insured Parties") shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self- insurance maintained by the Insured Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Reporting- Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. 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 limits of insurance provided. (v) Defense Costs/Cross Liability. 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. ('011SIRIC11011 Services Agreenicnt I Version I M (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to the City. The City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) Incorporation oflndemnifrcation Obligations. 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(0) of this Agreement. (5) Acceptability of Insurers: The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance shall be placed with insurer(s) with an A.M. Best Policyholder's rating of no less than "A-" and with a financial rate of Class VII or greater. The Contractor shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Contractor shall furnish to the City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Contractor is specifically required to provide an endorsement naming the City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Contractor's insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless Construction Services Aulreement I Version 1.0 alternate sufficient evidence of their validity and incorporation into the policy is. provided. 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 prior to the expiration of the coverage. (7) Subcontractors: Contractor shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (9) Progress Payments: The making of progress payments to the Contractor shall not be construed as relieving the Contractor or its subcontractor or insurance carriers from providing the coverage required in this Agreement. Q. Bonds. In public works construction contracts valued at more than one hundred thousand dollars ($100,000.00) or road construction/maintenance contracts valued at five thousand dollars ($5,000.00) or more, or in any other instance where the City has elected to include such bond requirements as exhibits to this Agreement, the Contractor shall provide Performance and Payment bonds as a condition of this Agreement. At the conclusion of all Work, Contractor shall also provide City with a maintenance bond in the amount of one-third (1/3) of the total amount paid under the Agreement, guaranteeing the repair or replacement caused by defective workmanship or materials for a period of two (2) years from the completion of the Work. Bonds shall be provided on the forms attached hereto as "Exhibits D.1, D.2 and D.3" and with a surety licensed to do business in Georgia and listed on the Treasury Department's most current list (Circular 570 as amended). Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under this Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. R. Assignment of Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them, and the City shall have no obligation to them. C011struC6011 Services AgIrtement I Ve sion 1.0 S. Employment of Unauthorized Aliens Prohibited — E -Verb Affidavit. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as "Exhibits G.1 and G.2" (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 its subcontractors have registered with, are authorized to use and use 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, and that they will continue to use the federal work authorization program throughout the contract period, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in "Exhibit G.1", and submitted such affidavit to City or provided the City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor 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 G.2", 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 sub -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 five (5) 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 Construction Services Agreement J Version 1.0 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 ®.C.G.A. § 13-10-91.] 500 or more employees. te`* � 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 ®.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. T. Records, Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for the City under this Agreement ("Records") shall be established and maintained by the Contractor in accordance with applicable law and requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Contractor by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. Construction SerN,icc s AureemcTlt 1 Versior, l m (b) All costs claimed or anticipated to be incurred in the performance of this Agreement 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 pant 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 Records in the form requested by the City. All Records stored on a computer database must be of a format compatible with the City's computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, Contractor shall make available to the City or City's representative(s) for examination all Records. The Contractor will permit the City or City's representative(s) to audit, examine, and make excerpts or transcripts from such Records. Contractor shall provide proper facilities for City or City's representative(s) to access and inspect the Records, or, at the request of the City, shall make the Records available for inspection at the City's office. Further, Contractor shall permit the City or City's representative(s) to observe and inspect any or all of Contractor's facilities and activities during normal hours of business for the purpose of evaluating Contractor's compliance with the terms of this Agreement. In such instances, the City or City's representative(s) shall not interfere with or disrupt such activities. U. 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, contractors, 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. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that the City's disclosure of documentation is governed by Georgia's Open Records Act, and Contractor further acknowledges that, if Contractor submits records containing trade secret information and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements ofO.C.G.A. § 50-18-72(a)(34) related thereto. C onsiruction Services Agreement j Version 1.0 V. 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 or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement; provided that some permits or licenses related to the Project may be obtained as part of the Work and shall be obtained as required.. The Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work, which are customarily secured after execution of the Agreement and which are legally required. Contractor shall furnish copies of such permits, licenses, etc. to the City within ten (10) days after issuance. W. Reserved. X. 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. Y. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other materials, including those in electronic form, prepared or in the process of being prepared for the Work 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 Materials in the form prescribed by the City. Any Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the Work shall be delivered immediately to the City whether or not the Pro j ect or Work is commenced or completed, provided, however, that Contractor may retain a copy of any deliverables for its records. The Contractor assumes all risk of loss, damage or destruction of or to 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. Z. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. Coiisiructior7 Services Apreeincnt j Version H) ) A. Right of Entry. The City shall provide for right of entry for Contractor and Contractor's equipment as required for Contractor to complete the Work; provided that Contractor shall not unreasonably encumber the Project site(s) with materials or equipment. B. City's Representative. Matthew Fallstrom shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section 6 above. A. Final Project Documents. Prior to final payment, Contractor shall deliver to City a written assignment of all warranties, guaranties, certificates, permits, and other documents, including without limitation, all contractors' and manufacturers' warranties.. At such time, Contractor shall also deliver to the City copies of all as - built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. B. Warranty. The Contractor warrants to the City and the Contract Administrator that materials and equipment furnished under the Agreement will be of good quality and new, unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, is considered defective. This warranty excludes remedy for damage or defect caused by abuse by the City or modifications to the Work not executed by the Contractor or an employee/subcontractor/sub-subcontractor thereof. Except as may be otherwise specified or agreed, the Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within 2 year(s) (the "Warranty Period") from the date of final completion at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the Warranty Period to identify any issues that must be resolved by the Contractor. After the expiration of the Warranty Period, City shall be responsible for repairing issues resulting from normal wear and tear and shall be responsible for general maintenance of the equipment; however, expiration of any Warranty Period shall not affect the Contractor's continued liability under an implied warranty of merchantability and fitness. All warranties implied by law, including fitness for a particular purpose and suitability, are hereby preserved and shall apply in full force and effect beyond any Warranty Period. City may purchase additional maintenance services from the Contractor C o nsiruction Services Agreement I Version 1.0 upon a written proposal for such services being executed by authorized representatives of both Parties, and upon execution, such proposal for additional services shall be incorporated herein by this reference. Section 10. Termination A. For Convenience, The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor at least seven (7) calendar days in advance of the termination date. B. For Cause, The Contractor shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City's failure to pay the Contractor within thirty (30) calendar days of Contractor providing the City with notice of a delinquent payment and an opportunity to cure. The City may terminate this Agreement for cause as provided in Section 11 of this Agreement. The City shall give Contractor at least seven (7) calendar days' written notice of its intent to terminate the Agreement for cause and the reasons therefor, 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. C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in Section 4(A) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of the City. D. Payment. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, and except as otherwise provided herein, the City shall, upon termination for convenience or statutory termination, pay Contractor for Work performed prior to the date of termination in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. At its sole discretion, the City may pay Contractor for additional value received as a result of Contractor's efforts, but in no case shall said payment exceed any remaining unpaid portion of the Maximum Contract Price. If this Agreement is terminated for cause, the City will make no further payment to the Contractor or its Surety until the Project is completed and 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, City shall provide payment to the Contractor (or its Surety) for services rendered and expenses incurred prior to the termination date, provided that such payment shall not exceed the unpaid balance of the amount otherwise payable under this Agreement minus the cost of completing the Project. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. Construction Services Agreement I Version 1,0 E. Assumption of Contracts. The City reserves the right in termination for cause to take assignment of all contracts between the Contractor and its subcontractors, vendors, and suppliers. The City will promptly notify the Contractor of the contracts the City elects to assume. Upon receipt of such notice, the Contractor shall promptly take all steps necessary to effect such assignment. F. Conversion to Termination for Convenience. 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 converted to and treated as a termination for convenience under the terms of Section 10(A) above. G. Requirements Upon Termination. Upon termination, the Contractor shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible if requested to do so by the City, and not incur any new obligations, unless the City 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. H. Reservation of Rights and Remedies. 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. �= ha i �.� , �i •� r s xl A. City Rights Related to the Work. (i) City's Right to Stop the Work. If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, as required by the Contract Administrator, or persistently fails to carry out Work in accordance with the Contract Documents, the City may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the City to stop the Work shall not give rise to a duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. Such a stoppage of Work shall not extend the expected date of final completion of the Work. (ii) City's Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) calendar day period after receipt of written notice from the City to commence and/or continue correction of such default or neglect with diligence and promptness, the City may, without prejudice to other remedies the City may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including City's expenses and compensation for the Architect/Engineer's and/or Contract Administrator's additional services (if any) made necessary by such default, neglect or failure. If payments then or thereafter due Coirtisiructiora Services A--recnieiil j Version I.0 the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the City. B. Contractor Default. For the purposes of this Agreement, Contractor shall be in default if any of the following occur during the Term of this Agreement: (a) a failure to fulfill in a timely and proper manner Contractor's obligations under this Agreement; (b) Contractor violates any of the material provisions, agreements, representations or covenants of this Agreement or any applicable city, state, or federal laws, which do not fall within the force majeure provisions of this Agreement; (c) the Contractor becomes insolvent or unable to pay its debts as they mature, or makes an assignment for the benefit of creditors, or files a bankruptcy petition under the United States .Bankruptcy Code; or (d) Contractor is the subject of a judgment or order for payment of money, which judgment or order exceeds $100,000 and is no longer subject to appeal or, in the opinion of the City, would be fruitless to appeal and where (i) such judgment or order shall continue un -discharged or unpaid for a period of thirty (30) calendar days, (ii) an insurer acceptable to the City has not acknowledged that such judgment or order is fully covered by a relevant policy of insurance, or (iii) the City is otherwise reasonably satisfied that such judgment or order is not likely to be satisfied or complied with within sixty (60) calendar days of its issuance. In the event of Contractor's default under this Agreement, the City shall send written notice to the Contractor setting forth the specific instances of the default and providing the Contractor with at least seven (7) calendar days to cure or otherwise remedy the default to the reasonable satisfaction of the City. If the default is not remedied during the stated cure period, then the City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge the Contractor for the costs of curing the default against any sums due or which become due to the Contractor under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to the City for such default. Section 13. Miscellaneous A. Complete Agreement. This Agreement, including all of the Contract Documents, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement, or promise relating to the subject matter of this Agreement not contained in this Agreement or the Contract Documents shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. B. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will ('onslRu,tian Services Asrcenicnl I Version 1.0 control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. 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; Severability. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible 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 that may for any reason be hereafter declared invalid. E. Business License. Prior to commencement of the Work to be provided hereunder, Contractor shall apply to the City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Contractor provides evidence that no such license is required. F. Notices. (1) Communications Relating to Day -to -Day Activities. All communications relating to the day-to-day activities of the Work shall be exchanged between Matthew Fallstrom for the City and for the Contractor. (2) Official Notices. All other notices, requests, demands, 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 calendar 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 Party at the addresses given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton Attn: City Manager 2006 Heritage Walk ('onstruction Services Agreemeni I Version 1.0 Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: CMES, Inc. 6555 McDonough Dr Norcross, GA 30093 G. Waiver of Agreement. No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City's right to demand exact and strict compliance by Contractor with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations, warranties, and insurance maintenance requirements. I. 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. J. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City's elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to the Contractor 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 Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor's performance of services under this Agreement shall not subject Contractor's individual employees, officers, or directors to any personal liability, except where Contractor is a sole proprietor. The Parties agree that their sole and exclusive remedy, claim, demand, or suit shall be directed and/or asserted only against Contractor or the City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. K. 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, C oiistruc:tloii Services Agi—eemezit I Versioji 1.0 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, L. Headings. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit, or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement, M. No Third Party Rights, This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. N. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, each Party binds itself, its partners, successors, assigns, and legal representatives to the other Party hereto, its partners, successors, assigns, and legal representatives with respect to all covenants, agreements, and obligations contained in the Contract Documents. O. Agreement Construction and Interpretation. Contractor represents that it has reviewed and become familiar with this Agreement and has notified the City of any discrepancies, conflicts or errors in the Contract Documents. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. P. Material Condition. Each term of this Agreement is material, and Contractor's breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to the City at law or in equity. Q. Use of Singular and Plural. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] C onsrrtiction Services Agreemeni j Version 1.0 CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] Attest: Print Name: Its: City Clerk Approved as to form: City Attorney CONT TOR: CMES, Inc. By: Print Name: RAM M S H S• SU Its: GMES, President/Visa Pfesideat (Goration)- SEAL [CORPORATE SEAL] . cFoRo\P (required if corporat16;1 Attest/Witness: Print Name: C,ttA TU 2. 5. C U H AR,",A STA Its: C F—.O ((Assistan+G Fper-ate-Secretary if corporation) C onsiruction Services Agreement Version 1.0 � J!' R. i HOME OF'TIAF BEST QUALITY OF I IFE IN GFORG,' MILTON, - ESTAB LISI IED 2006 CITY OF MILTON INVITATION TO BID (THIS IS NOT AN ORDER) Bid Number: Project Name: 19-PW02 Birmingham Road Culvert Project Due Date and Time: City of Milton December 4, 2018 Number of Pages: 102 Local Time: 2:00pm 2006 Heritage Walk Milton, GA 30004 I ISSUING DEPARTMENT INFORMATION Issue Date: November 8, 2018 City of Milton Phone: 678-242-2500 Public Works Department Fax: 678-242-2499 2006 Heritage Walk Website: www.cityofmiltonga.us Milton, GA 30004 INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/Package: Bidder Phone Number: Bid Number: 19-PW02 City of Milton Name of Company or Firm Aft n: Honor Motes, Purchasing Office BID RESPONSE 2006 Heritage Walk Milton, GA 30004 Special Instructions: Deadline for Written Questions November 27, 2018 at 5:00 pm Email questions to Honor Motes at honor. motes@ci ofmilton a.us BIDDERS MUST COMPLETE 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 ITB 19-PW02 1 I Page Topic Page Definitions 3 Invitation to Bid 4 Schedule of Events 6 Bidding Instructions (What must be submitted) 7 Insurance/Bond Requirements 8 Bid Form and Addenda Acknowledgement 13 Bid Bond (3 pages) 15 Qualifications Signature and Certification 18 Corporate Certificate 18 List of Subcontractors 19 Contractor Affidavit and Agreement (eVerify) 20 Disclosure Form 21 Project Specifications 22 Bid Submittal Form 29 General Conditions 30 EPD Air Quality Rules 36 Sample Contract Agreement 37 ITB 19-PW02 2 1 Page COMPW: City of Milton Public Works Department CY: Cubic Yard GDOT: Georgia Department of Transportation ENGINEER: The City of Milton Director of Public Works or a duly authorized representative. ADA: Americans with Disabilities Act EA: Each GAL: Gallon LF: Lineal Feet LM: Lineal Mile LS: Lump Sum SY: Square Yard TN: Ton MUTCD: Manual on Uniform Traffic Control Devices OSHA: Occupational Safety and Health Administration FHWA: Federal Highway Administration AASHTO: American Association of State Highway and Transportation Officials ITB 19-PWO2 3 1 Page HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' .MILTON ESTABLISHED 2006 Invitation to Bid 19-PW02 The City of Milton is accepting sealed bids from qualified firms for the Birmingham Road Culvert Project for the Public Works Department in conformance with Title 32, Chapter 4, Article 4, Part 2 of the Official Code of Georgia Annotated. All work will be done in accordance with Georgia Department of Transportation's (GDOT) Standard Drawings, Standard Specifications, and Pay Items Index as standards and specifications for the construction and completion of the work required. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. Sealed bids will be received no later than 2:00 PM Local Time on December 4, 2018. Sealed bids shall be submitted to: City of Milton Attn: Honor Motes, Purchasing Office, 2006 Heritage Walk Milton, GA 30004. At approximately 2:10 PM Local Time on the day bids are received the bids will be publicly opened and the bidder's name and total bid amount will be read aloud at: City of Milton City Hall, 2006 Heritage Walk, Milton, GA 30004. Bids received after the above time or in any other location other than the Purchasing Office will not be accepted. Bids shall be presented in a sealed envelope with the bid number (19-PW02) and the name of the company or firm submitting clearly marked on the outside of the envelope. ONE (1) ORIGINAL (PAPER) AND TWO (2) COPIES (PAPER) AND A PDF COPY OF THE BID ON CD or FLASH DRIVE MUST BE SUBMITTED. Bids will not be accepted verbally, by fax, or email. Questions must be in writing. For questions, please email Honor Motes at honor.motes@cityofmiltonga.us. Deadline for questions is November 27, 2018 at 5:00pm. Official answers to questions and potential changes to the ITB (Addendums) will be posted at the same web locations as the ITB on or about November 29, 2018. Any other form of interpretation, correction, or change to this ITB will not be binding upon the City. It is the bidder's responsibility to check the websites for potential updates. Please refer to Bid (19-PW02) and bid name (Birmingham Road Culvert Project) when requesting information. The City of Milton reserves the right to reject any or all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. The selected contractor must be able to start work within ten (10) calendar days ITB 19-PW02 4 1 Page after the "Notice to Proceed" is issued. The time of completion for the project is to be determined prior to the issuance of the "Notice to Proceed." If weather affects the required completion schedule, The City and selected contractor will negotiate a new completion date. Section 108.08 of the State of Georgia Department of Transportation Standard Specifications Construction of Transportation Systems (current edition) shall be applied. *Important to remember when submittinr�digital files: 1. Mark all CD's or Flash Drives with Bidder's name and ITB number and title. 2. All digital files must be in either (unless otherwise specified within this document): ITB 19-Pw02 a. Microsoft Office file format or b. Portable Document Format (PDF). 3. Use caution in creating the electronic files. If the City is unable to open files due to data -corruption, password or encryption error, etc., the Bidder's proposal may be considered incomplete. 4. TE: All digital copies must include exactly the same information as provided in the hard copy "Original". SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE EVENT DATE ITB Issue Date November 8, 2018 Deadline for Receipt of Written Questions 5 PM on November 27, 2018 Posting of Written Answers by City to Websites on or about November 29, 2018 ITB DUE No Later than 2:00 PM on December 4, 2018 Tentative Contract Award (on/about) Notice to Proceed (on/about) January 7, 2019 To be coordinated with the Contractor NOTE: PLEASE CHECK THE CITY WEBSITE (hftp://www.cityofmittonga.us) FOR ADDENDA AND SCHEDULE UPDATES. ITB 19-PW02 6 1 Page FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description (s) 1 Filled out and Signed Invitation to Bid (Cover Sheet) 1 2 Bid Form and Addenda Acknowledgement (2 pages) 13-14 3 Bid Bond (3 pages) 15-17 4 Qualifications Signature and Certification 18 5 List of Subcontractors 19 6 Contractor Affidavit and Agreement (eVerify) 20 7 Disclosure Form 21 8 Bid Submittal Form 29 The purpose of this solicitation is to enter into a unit price "purchasing contract with one firm to be the primary supplier of the Birmingham Road Culvert Project, ITB 19-PW02 No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. Unless clearly shown as "no substitute" or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturer's number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. The City reserves the right to cancel the contract at any time with 30 days written ITB 19-PW02 7 1 Page notice. Title to any supplies, materials, equipment or other personal property shall remain the Contractors' until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor's expense to the complete satisfaction of the City of Milton with no additional expense to the City. lAym T11` lock, The City intends to evaluate the ITB on the lowest, responsible, and responsive bidder. Bids may be found nonresponsive at any time during the evaluation or contract process, if any of the required information is not provided; the submitted price is found to be inadequate; or the proposal is not within the specifications described and required in the ITB. If a bid is found to be non- responsive or non-qualified, it will not be considered further. Within ten (10) days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7,K). (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject ITB 19-PW02 8 1 Page to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies ITB 19-PW02 9 1 Page shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy Limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogafion against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for Fosses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has ITB 19-PW02 10 1 Page been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers' Compensation policy. Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project strictly within the terms and conditions stated in this bid and in the bidding and contract documents, should the construction contract be awarded. The Successful Bidder shall be required to furnish PAYMENT F C BONDS for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the base bid price. The Successful Bidder shall also be required to furnish a MAINTENANCEin the amount of one-third (1 /3) of the contract price, guaranteeing the repair or replacement caused by defective workmanship or materials for a period of two (2) years from the completion of construction. Bonds shall be issued by a corporate surety appearing on the Treasury ITB 19-PW02 11 ( Page Department's most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. Prior to commencing the Work, the successful bidder shall execute a written oath as required byO.C.G.A. §§ 32-4-122 and 36-91-21(e). The costs for developing and delivering responses to this ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton. ITB 19-PW02 12 1 Page HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON"t ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 19-PW02 Birmingham Road Culvert Project The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid. ITB 19-PW02 13 1 Page The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces within ten (10) calendar days from the Notice to Proceed, and to complete all Work as scheduled in Task Order(s) issued. If weather affects the required completion schedule, the City and selected Bidder will negotiate a new completion date. Attached hereto is an executed Bid Bond in the amount of (Five Percent of Amount Bid). Dollars ($ If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this day of 20. (Seal) Company Name Bidder Mailing Address: Signature: Print Name: Title: ITB 19-PW02 14 1 Page HOME OF' THE FEST QUALITY OF LIFE IH GEORGIA'I LTON' ESTABLISHED 2006 [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 2006 Heritage Walk Milton, Georgia 30004 BID BID DUE DATE: PROJECT (Brief Description Including Location): BOND BOND NUMBER: DATE (Not later that Bid due date): PENAL SUM: (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. (Seal) Bidder's Name and Corporate Seal BY: Signature and Title: Attest: Signature and Title: SURETY (Seal) Surety's Name and Corporate Seal By: Signature and Title: (Attach Power of Attorney) Attest: Signature and Title: ITB 19-PW02 15 1 Page Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction Located in the State of Georgia. ITB 19-PW02 16 1 Page 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. ITB 19-PW02 17 1 Page HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature Date Print/Type Name Print/Type Company Name CORPORATE CERTIFICATE I, , certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that who signed said bid in behalf of the Contractor, was then (title) of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of This day of 20. (Seal) (Signature) ITB 19-PW02 18 1 Page HOME OF '1 HE BEST QUALITY OF LIFE IN GEC P: =1 M I LTON* ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name: ITB 19-PW02 19 1 Page HOME OF 'THEBEST QUALITY OF LIFE IN GEORGIA' M1 LTONIIIN ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] 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 Name of Contractor Birmingham Road Culvert Project Name of Project City of Milton, Georgia 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: ITB 19-PW02 20 1 Page HOME OF' THE BEST QUALITY OF LIFE IN GEORGIA' I LTON*k ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: ITB 19-PW02 21 1 Page HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' M1 LTON ESTABLISHED 2006 GENERAL CONDITIONS The Contractor shall comply with the plans and specifications for the "Birmingham Road Culvert Project" as prepared by Moreland Altobelli Associates, Inc. (Design Engineer), dated 5/12/2016. The plans may be downloaded at: FINAL CONSTRUCTION PLANS (haps://files.secureserver.net/Os5Oivaw2eF6jw) In addition to other standard specifications referenced herein, the bid package includes: a. Construction Drawings; b. Special Provision 163 - Miscellaneous Erosion Control Items; c. Special Provision 165 - Maintenance of Temporary Erosion and Sedimentation Control Devices; d. Special Provision 171 -Silt Fence; e. Special Provision 700 - Grassing. 2. Where contract documents reference "The Department" or "GA Department of Transportation" or "The Engineer", it shall also mean "City of Milton." 3. All traffic control measures and detour signage are the responsibility of the Contractor. Contractor shall coordinate all work with the City of Milton. 4. Replace, in kind, any vegetation or landscaping damaged during construction. Include cost in the price bid. 5. Unless otherwise directed, all work performed under this contract shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition), and Special Provisions modifying them, except as noted herein. ITB 19-PW02 22 1 Page HOME OF' THE BEST QUALITY OF LIFE IN GEORGIA' I LTON* ESTABLISHED 2006 PROJECT SPECIAL PROVISIONS All project signage and striping to be pre -marked and approved by Milton Public Works prior to installation. All guardrail on the project will be painted with the color to be determined by the City. Disregard note on plans that states guardrail is to be weathered. Construction and drainage easements will be secured prior to the start of construction. Stone veneer in ashlar pattern is to be stacked stone and not stamped concrete. PROSECUTION AND PROGRESS Construction shall begin no later than TEN (10) calendar days past the issuance of Notice to Proceed. The road closure will start no earlier than May 25, 2018 and then road must be open to traffic by July 31, 2018. ITB 19-PW02 23 1 Page HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' M1 LTON ESTABLISHED 2006 Normal workday for this project shall be 7:30 am to 7:30 pm and the normal workweek shall be Monday through Friday. The City will consider extended workdays or workweeks upon written request by the Contractor on a case by case basis. No work will be allowed on Sunday or national holidays (i.e. Memorial Day, July 4th, Labor Day, etc.). Lane closures will only be permitted between the hours of 9:00am and 4:00pm, Monday -Friday for an work before or after the road closure, unless otherwise approved by the City. The work will require bidder to provide all labor, administrative forces, equipment, materials and other incidental items to complete all required work. The City shall perform a Final Inspection upon completion of all work. The contractor will be allowed to participate in the Final Inspection. All repairs shall be completed by the contractor at his expense prior to issuance of Final Acceptance. PERMITS AND LICENSES The Contractor shall procure all permits and licenses, pay all charges, taxes and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. MATERIALS Contractor will be responsible for replacing any work performed with material from rejected sample lot at no cost to the City. DEVIATION OF QUANTITIES The quantities given are estimates only and will vary from those indicated. The City reserves the right to add or delete quantities at any time. Contractor will notify the City in writing if additional items are identified or quantities of contract items will exceed plan. At no time will Contractor proceed with work outside the prescribed scope of services for which additional payment will be requested without the written authorization of the City. EROSION CONTROL It is the responsibility of the Contractor to follow all Federal, State and Local erosion and sediment control laws and specifications. This includes meeting all NPDES guidelines. The Contractor shall serve as the Primary Permittee for this project and is responsible for filing the NOI and all necessary fees associated with it. Erosion/Sediment Control measures shall be installed and maintained by the contractor throughout the duration of the project. The Contractor is responsible for the removal and disposal, off project site, of all installed temporary ITB 19-PW02 24 1 Page HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' MI-LTON ESTABLISHED 2006 erosion/sediment control measures when affected areas have been restored to a level where vegetative coverings will minimize erosion. The cost for this will be considered incidental to the project and included in the overall bid. UTILITIES There are utilities in the project area. Contractor shall be responsible for locating and coordinating any utility relocation necessary for completion of the work. Utility plan sheets provided are based on early coordination and are subject to change. Call "811 Know what's below Call before you dig." Locate, maintain and protect existing utilities at all times during construction. TEMPORARY TRAFFIC CONTROL The Contractor shall, at all times, conduct his work in accordance with the traffic control plan and so as to assure the least possible obstruction of traffic. The safety and convenience of the general public and the residents along the roadway and the protection of persons and property shall be provided for by the Contractor as specified in the State of Georgia, Department of Transportation Standard Specifications Sections 104.05, 107.09 and 150. Traffic whose origin and destination is within the limits of the project shall be provided ingress and egress at all times unless otherwise specified by the City. The ingress and egress includes entrances and exits VIA driveways at various properties, and access to the intersecting roads and streets. The Contractor shall maintain sufficient personnel and equipment (including flaggers and traffic control signing) on the project at all times, particularly during inclement weather, to insure that ingress and egress are safely provided when and where needed. The Contractor shall furnish, install and maintain all necessary and required barricades, signs, temporary striping and other traffic control devices in accordance with the MUTCD and DOT specifications, and take all necessary precautions for the protection of the workers and safety of the public. This shall include variable message boards to be placed near the intersection location, prior to beginning construction activities, to notify the traveling public of the upcoming lane closure(s). These variable message boards shall remain in place from to the beginning construction until substantial completion of the project. There shall be two (2) variable message boards, (one in each direction). All existing signs, markers and other traffic control devices removed or damaged during construction operations will be reinstalled or replaced at the Contractor's expense. At no time will Contractor remove regulatory signing which may cause ITB 19-PW02 25 1 Page HOME OF' THE BEST QUALITY OF LIFE IN GEORGIA' I LTONI ESTABLISHED 2006 a hazard to the public. The Contractor shall, within 24 hours place temporary pavement markings (paint or removable tape) matching existing pavement markings on milled or patched pavements. All personnel and equipment required for maintaining temporary traffic control, public convenience and safety will be included in the contract price. PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE The Contractor shall be responsible for the preservation of all public and private property, crops, fish ponds, trees, monuments, highway signs and markers, fences, grassed and sodded areas, mail boxes and supports, water meters, etc. along and adjacent to the highway, road or street, and shall use every precaution necessary to prevent damage or injury thereto, unless the removal, alteration, or destruction of such property is provided for under the contract. No stone or asphalt chunks shall be left in the right-of-way and screened topsoil shall be placed in all disturbed areas before grassing. Contractor is responsible for ensuring that all permanent grassing shall match the existing grassing When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or in consequence of the non -execution thereof by the contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding or otherwise restoring as may be directed, or she/he shall make good such damage or injury in an acceptable manner. The Contractor shall correct all disturbed areas before retainage will be released. CLEANUP All restoration and clean-up work shall be performed daily. Operations shall be suspended if the contractor fails to accomplish restoration and clean-up within an acceptable period of time. Asphalt and other debris shall be removed from gutters, sidewalks, yards, driveways, etc. Failure to perform clean-up activities may result in suspension of the work. Milling operation shall be followed immediately by clean-up at which the contractor is to provide power brooms, vacuum sweepers, power blowers, or other means to remove loose debris or dust. Do not allow dust control to restrict visibility of passing traffic or to disrupt adjacent property owners. All pavement areas shall be clean and dry prior to placing tack coat, asphaltic concrete or other materials. SAFETY Beginning with mobilization and ending with acceptance of work, the Contractor ITB 19-PW02 26 1 Page HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON ESTABLISHED 2006 shall be responsible for providing a clean and safe work environment at the project site. The Contractor shall comply with all OSHA regulations as they pertain to this project. QC/QA TESTING OF MATERIALS The Contractor will be responsible for all quality control testing (sampling, testing, and inspections) of materials incorporated into the project. All materials and workmanship shall meet appropriate GDOT specifications. Materials quality control testing types will meet GDOT specifications at a frequency equal to or exceeding that set by those specifications. Contractor shall secure the services of a GDOT qualified geotechnical testing firm to perform all required tests. Test results shall be provided to the City promptly as the work progresses. Tests shall meet GDOT Specs for type, method, and frequency. This work shall be considered incidental to the rest of the work and no separate payment will be made. Contractor will be responsible for replacing any work performed with material from rejected sample lot at no cost to the City. BITUMINOUS TACK COAT This work shall consist of the placement of bituminous tack on all areas. The cost of bituminous tack shall be included in the cost of the project. Bituminous tack is not measured as a separate pay item. AC -20 or AC -30 shall be used. All surfaces shall be cleaned completely and thoroughly before any tack is applied. Tack shall not be applied when the pavement is wet. Bituminous tack coat shall be applied between .03 to .06 gallons per square yard. PAVEMENT MIX DESIGN The plant mix materials from which the asphaltic pavement is manufactured and the plant at which it is manufactured shall meet the requirements of the State of Georgia Department of Transportation (GDOT), Standard specifications, Articles 820; 802; 883; 831; 828; and 882. Plant mix shall have 5% AC at the minimum and RAP should shall not exceed 20% of the mix. Load tickets that meet Georgia Department of Transportation Specifications must accompany all delivered materials. The Contractor must supply copies of all asphalt tickets to the City on a daily basis. ITB 19-PW02 27 1 Page HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON ESTABLISHED 2006 The most current version of the GDOT Specifications and Special Provisions apply, including but not limited to sections 400 (including off -system Special Provision). Please refer to the GDOT website for the most current versions of the Specifications and Special Provisions. THERMOPLASTIC PAVEMENT MARKINGS This work shall consist of placement of Thermoplastic Pavement Markings. Final (thermoplastic) pavement markings shall be placed at least 15 calendar days but no more than 60 calendar days after placement of final asphalt lift. These final pavement markings shall match the original pavement markings including center lines, lane lines, turn arrows, crosswalks, stop bars, etc. unless specifically directed otherwise by the City. Final pedestrian crosswalk markings shall adhere to the latest standards. Pavement marking materials shall meet GDOT standard specifications and be on the qualified products list The Contractor shall install temporary paint pavement markings on the reclaimed base course prior to re -opening the roadway until topping is installed. Temporary paint shall also be used on the completed topping course while awaiting the thermoplastic striping. This work will be considered incidental and should be included in the lump sum bid for Traffic Control. ITB 19-PW02 28 1 Page HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' M1 LTON ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Submittal Form Birmingham Road Culvert Project 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 willing 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. In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY ADDRES AUTHORIZED SIGNATUR PRINT / TYPE NAME TITLE Print Total Bid Price Number of days to fully complete FY19 project (exclude weather related days): ITB 19-PW02 29 1 Page Unless otherwise directed, all work performed under this contract shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition, and Special Provisions modifying them, except as noted below. SECTION 101 DEFINITION AND TERMS Section 101.10 Delete as written and substitute the BOARD following: CITY COUNCIL OF CITY OF MILTON, GEORGIA Section 101.14 Delete as written and substitute the COMMISSIONER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON Section 101.16 Delete the second paragraph and substitute CONTRACT the following: The Contract Documents shall be composed of the Advertisement for Bid; Notice to Contractors; Form of Bid Proposal; General Conditions; Special Provisions; Detail Specifications, as identified in Section 105.03; Form of Contract; Form ofBond(s); Addenda; the drawings, including all changes incorporated herein before their execution; and also any Change Orders and Supplemental Agreements that are required to complete the construction of The Work in an acceptable manner, including authorized extensions thereof, all of which constitute one instrument. No oral agreement or orders are to be considered as valid or as a part of the Contract. Section 101.22 Delete as written and substitute the DEPARTMENT following: PUBLIC WORKS DEPARTMENT CITY OF MILTON ITB 19-PW02 30 1 P ci c e Section 101.24 ENGINEER Section 101.47 STATE HIGHHWAY ENGINEER Section 101.74 SUPPLEMENTAL AGREEMENT Section 101.84 Delete as written and substitute the following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON, ACTING DIRECTLY OR THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Delete as written and substitute following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON, ACTING DIRECTLY OR THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Retain as written and substitute the following: Any Supplemental Agreement that has a dollar value amount that is less than $25,000.00 shall not require the assent of the Surety." Add: DIRECTOR OF PUBLIC WORKS CITY OF MILTON SECTION 102 - BIDDING REQUIREMENTS AND CONDITIONS Section 102.05 EXAMINATION OF PLANS, Add the following paragraph: SPECIFICATIONS, SPECIAL PROVISIONNS, "The City will not be responsible for AND SITE OF THE WORK Bidders' errors or misjudgment, nor for any information on local conditions or general laws and regulations." Section 102.07 REJECTION OF PROPOSALS Add the following subparagraphs "I. The City reserves the right to reject any and all bids, to waive technicalities, and to make an award as deemed in its best interest. It is understood that all bids are made subject to this Agreement, that the City reserves the right to award the bid to 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. ITB 19-PW02 31 1 Page Section 102.08 PROPOSAL GUARANTY Add Section 102.15 ADDENDA AND INTERPRETATION Section 102.09 DELIVERY OF PROPOSALS: "J. The City also reserves the right to reject any and all bids from any person, firm, or corporation who is in arrears in any debt or obligation to The City of Milton, Georgia." Substitute the following for the first sentence "No bid will be considered unless it is accompanied by an acceptable 'bid bond an amount not less than five percent (50/6) of the amount bid and made payable to City of Milton, Georgia. Such Bid Bond shall be on the forms provided by the City." Delete in its entirety and substitute the following: Bids shall be submitted on the Bid Form provided by the City. The bid package as described in Notice to Contractors, Page 1 must be submitted with the bid. Failure to do so could result in the omission of pertinent documents and the rejection of the apparent low bid." Add the following as 102.15: "No interpretation of the meaning of the Contract Documents will be made orally to any Bidder. Any request for such interpretation should be in writing addressed to the Purchasing Department, The City of Milton 2006 Heritage Walk Milton, Ga. 30004. TEL. 678/242-2500, FAX 678/242- 2499.Each such interpretation shall be given in writing, separately numbered and dated, and furnished to each interested Bidder. Any request not received in time to accomplish such interpretation and distribution will not be accepted. SECTION 103 - AWARD OF AWARD AND EXECUTION OF CONTRACT ITB 19-PWO2 32 1 Page Section 103.02 AWARD OF CONTRACT Section 103.05 REQUIREMENTS OF CONTRACT BONDS Section 103.07 FAILURE TO EXECUTE CONTRACT Delete in its entirety and substitute the following: "The contract, if awarded, shall be awarded to the lowest responsible bidder. The City of Milton reserves the right to exercise exclusive discretion as to the responsibility of any bidder. The contract shall be executed on the forms attached, will be subject to all requirements of the Contract Document, and shall form a binding Contract between the contracting parties." Delete in its entirety and substitute the following: "At the time of the execution of the contract, and as a part thereof, the successful bidder shall furnish Contract Bond Below: Performance Bond in the full amount of the contract. Payment Bond in the full amount of the contract. Maintenance bond in the amount of one-third (1l3) of the contract. Delete in its entirety and substitute the following: "Failure to execute the Contract Performance, Payment or Maintenance Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days after the date of Notice of Award of the Contract, may be just cause for the annulment of the award and for the forfeiture of the proposal guaranty to the City of Milton, not as a penalty, but as liquidation of damages sustained. At the discretion of the City, the award may then be made to the next lowest bidder, may be re -advertised, or may be constructed by City forces. The Contract and Contract bonds shall be executed in quadruplicate." SECTION 107 - LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC ITB 19-PW02 33 1 PcAge Section 107.18 ACQUISITION OF Add the following paragraph: RIGHT OF WAY "The Contractor shall inspect all easements and rights-of-way to ensure that the City has obtained all land and rights-of-way necessary for completion of the Work to be performed pursuant to the Contract Documents. The Contractor shall comply with all stipulations contained in easements acquired by the Department." Section 107.21 CONTRACTORS Add the following sentence to Paragraph A: RESPONSIBILITY FOR UTILITY "The Contractor is responsible for the PROPERTY AND SERVICE location of above and below ground Utilities and structures which may be affected by the Work." SECTION 109 MEASUREMENT AND PAYMENT Section 109.07 PARTIAL PAYMENTS Delete the first sentence of the Second Paragraph under 'A. General" As long as the gross value of completed work is less than 50% of the total Contract amount, or if the Contractor is not maintaining his construction schedule to the satisfaction of the Engineer, the Department shall retain 10% of the gross value of the work that has been completed as indicated by the current estimate certified by the Engineer for payment. Section 109.08 FINAL PAYMENT Delete in its entirety and substitute the Following: "Final Payment: Upon completion by the Contractor of the work-, including the receipt of any final written submission of the Contractor and the approval thereof by the Department, the CITY will pay the Contractor a sum equal to 100 percent (100%) of the compensation set forth herein, less the total of all previous partial payments, paid or in the process of payment. ITB 19-PW02 34 1 Page The Contractor agrees that acceptance of this final payment shall be in full and final settlement of all claims arising against the CITY for work done, materials furnished, costs incurred, or otherwise arising out of this Agreement and shall release the CITY from any and all further claims of whatever nature, whether known or unknown for and on account of said Agreement, and for any and all work done, and labor and materials furnished, in connection with same." ITB 19-PWO2 35 1 P cig e 'NOTICE TO CONTRACTORS' EPD AIR QUALITY RULES ON OPEN BURNING REFER TO CHAPTER 391-3-1-02-05 For addifional/informafion, please contact: Georgia Department of Natural Resources Environmental Protection Division Air Protection Branch 4244 International Parkway, Suite 120 Atlanta, GA 30354 404/363-7000; 404/362-2534 - FAX ITB 19-PW02 36 1 Page No Text �tAxi: r r� r���: HOME OF'-.-. - t - ISTABUS1117D 2006 CITY OF MILTON INVITATION TO BID (THIS IS NOT AN ORDER) Bid Number: Project Name: 19-PW02 Birmingham Road Culvert Project Due Date and Time: City of Milton December 4, 2018 Number of Pages: 102 Local Time: 2:00pm 2006 Heritage Walk Milton, GA 30004 ISSUING DEPARTMENT INFORMATION Issue Date: November 8, 2018 City of Milton Phone: 678-242-2500 Public Works Department Fax: 678-242-2499 2006 Heritage Walk Website: www.cityofmiltonga.us Milton, GA 30004 INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/Package: CMES,INC. Bid Number: 19-PW02 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office (Please pnnt name and sign in in 2006 Heritage Walk Milton, GA 30004 Special Instructions: Deadline for Written Questions 770-982-1905 November 27, 2018 at 5:00 pm Bidder Federal I.D. Number: Email questions to Honor Motes at 58-2331087 honor.motes@cit otmilton a.us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Auth ized Bidder Signatory: CMES,INC. 6555 McDonough Drive, Ramesh S. Sah"a ia, President Norcross, Ga. 30093 (Please pnnt name and sign in in Bidder Phone Number: Bidder FAX Number: 770-982-1905 770-982-1907 Bidder Federal I.D. Number: Bidder E-mail Address: 58-2331087 ramesh.s@cmesinc.net BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE ITB 19-PW02 1 I P a g e Topic Egge Definitions 3 Invitation to Bid 4 Schedule of Events 6 Bidding Instructions (What must be submitted) 7 Insurance/Bond Requirements 8 Bid Form and Addenda Acknowledgement 13 Bid Bond (3 pages) 15 Qualifications Signature and Certification 18 Corporate Certificate 18 List of Subcontractors 19 Contractor Affidavit and Agreement (eVerify) 20 Disclosure Form 21 Project Specifications 22 Bid Submittal Form 29 General Conditions 30 EPD Air Quality Rules 36 Sample Contract Agreement 37 ITB 19-PW02 2 1 F u 1,j e COMPW: City of Milton Public Works Department CY: Cubic Yard GDOT: Georgia Department of Transportation ENGINEER: The City of Milton Director of Public Works or a duly authorized representative. ADA: Americans with Disabilities Act 193111111am GAL: Gallon LF: Lineal Feet LM: Lineal Mile LS: Lump Sum SY: Square Yard TN: Ton MUTCD: Manual on Uniform Traffic Control Devices OSHA: Occupational Safety and Health Administration FHWA: Federal Highway Administration AASHTO: American Association of State Highway and Transportation Officials ITB 19-PWO2 3 1 F HOME OF'-n-.E�" uu; .t - u :L• , MI'tTON' ESTABLISHED 2006 Invitation to Bid 19-PW02 The City of Milton is accepting sealed bids from qualified firms for the Birmingham Road Culvert Project for the Public Works Department in conformance with Title 32, Chapter 4, Article 4, Part 2 of the Official Code of Georgia Annotated. All work will be done in accordance with Georgia Department of Transportation's (GDOT) Standard Drawings, Standard Specifications, and Pay Items Index as standards and specifications for the construction and completion of the work required. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. Sealed bids will be received no later than 2:00 PM Local Time on December 4, 2018. Sealed bids shall be submitted to: City of Milton Attn: Honor Motes, Purchasing Office, 2006 Heritage Walk Milton, GA 30004. At approximately 2:10 PM Local Time on the day bids are received the bids will be publicly opened and the bidder's name and total bid amount will be read aloud at: City of Milton City Hall, 2006 Heritage Walk, Milton, GA 30004. Bids received after the above time or in any other location other than the Purchasing Office will not be accepted. Bids shall be presented in a sealed envelope with the bid number (19-PW02) and the name of the company or firm submitting clearly marked on the outside of the envelope. ONE (1) ORIGINAL (PAPER) AND TWO (2) COPIES (PAPER) AND A PDF COPY OF THE BID ON CD or FLASH DRIVE MUST BE SUBMITTED. Bids will not be accepted verbally, by fax, or email. Questions must be in writing. For questions, please email Honor Motes at honor.motes@cityofmiltonga.us. Deadline for questions is November 27, 2018 at 5:00pm. Official answers to questions and potential changes to the ITB (Addendums) will be posted at the some web locations as the ITB on or about November 29, 2018. Any other form of interpretation, correction, or change to this ITB will not be binding upon the City. It is the bidder's responsibility to check the websites for potential updates. Please refer to Bid (19-PW02) and bid name (Birmingham Road Culvert Project) when requesting information. The City of Milton reserves the right to reject any or all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. The selected contractor must be able to start work within ten (10) calendar days ITB 19-PW02 4 1 „ .-. after the "Notice to Proceed" is issued. The time of completion for the project is to be determined prior to the issuance of the "Notice to Proceed." If weather affects the required completion schedule, The City and selected contractor will negotiate a new completion date. Section 108.08 of the State of Georgia Department of Transportation Standard Specifications Construction of Transportation Systems (current edition) shall be applied. *Important to remember when submitting digital files: 1. Mark all CD's or Flash Drives with Bidder's name and ITB number and title. 2. All digital files must be in either (unless otherwise specified within this document): a. Microsoft Office file format or b. Portable Document Format (PDF). 3. Use caution in creating the electronic files. 1f the City is unable to open files due to data -corruption, password or encryption error, etc., the Bidder's proposal may be considered incomplete. 4. NOTE. All digital copies must include exactly the same information as provided in the hard copy "Original". ITB 19-PW02 5 1 P, u (f f-- SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE EVENT DATE ITB Issue Date November 8, 2018 Deadline for Receipt of Written Questions 5 PM on November 27, 2018 Posting of Written Answers by City to Websites on or about November 29, 2018 ITB DUE No Later than 2:00 PM on December 4, 2018 Tentative Contract Award (on/about) Notice to Proceed (on/about) January 7, 2019 To be coordinated with the Contractor NOTE: PLEASE CHECK THE CITY WEBSITE (hffp://www.cityofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. ITB 19-PW02 6 1 i FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) I Filled out and Signed Invitation to Bid (Cover Sheet) 1 2 Bid Form and Addenda Acknowledgement (2 pages) 13-14 3 Bid Bond (3 pages) 15-17 4 Qualifications Signature and Certification 18 5 List of Subcontractors 19 6 Contractor Affidavit and Agreement (eVerify) 20 7 Disclosure Form 21_ 8 --Bid Submittal Form 00 The purpose of this solicitation is to enter into a unit price "purchasing contract" with one firm to be the primary supplier of the Birmingham Road Culvert Project, ITB 19-PW02 No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. Unless clearly shown as "no substitute" or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturer's number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. The City reserves the right to cancel the contract at any time with 30 days written notice. Title to any supplies, materials, equipment or other personal property shall remain the Contractors' until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor's expense to the complete satisfaction of the City of Milton with no additional expense to the City. The City intends to evaluate the ITB on the lowest, responsible, and responsive bidder. Bids may be found nonresponsive at any time during the evaluation or contract process, if any of the required information is not provided; the submitted price is found to be inadequate; or the proposal is not within the specifications described and required in the ITB. If a bid is found to be non- responsive or non-qualified, it will not be considered further. Within ten (l 0) days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7.K). (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject ITB 19-PW02 8 1 P (2) (3) H 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. Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. Deductibles and Self-insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies ITB 19-PW02 9 1 P (1 (-1 r_- shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: 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 I receipt requested, has been given to the City, (ii) Policies shall have concurrent starting and ending dates, (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award, The City reserves the right to require complete, certified copies of all required insurance policies, at any time, The Contractor shall provide proof that any expiring coverage has ITB 19-PW02 10 1 P (� r) e been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers' Compensation policy. Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project strictly within the terms and conditions stated in this bid and in the bidding and contract documents, should the construction contract be awarded. The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE BONDS for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the base bid price. The Successful Bidder shall also be required to furnish a MAINTENANCE BOND, in the amount of one-third (1 /3) of the contract price, guaranteeing the repair or replacement caused by defective workmanship or materials for a period of two (2) years from the completion of construction. Bonds shall be issued by a corporate surety appearing on the Treasury ITB 19-PW02 11 1 PC,, - ie Department's most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A. §§ 32-4-122 and 3b -91-21(e). The costs for developing and delivering responses to this ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton. ITB 1 Y-PW02 12 1 F HOME OF'%- = BE a,..� .- = M I LTO N ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 19-PW02 Birmingham Road Culvert Project The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid. ITB 19-PW02 13 1 P a g e The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces within ten (10) calendar days from the Notice to Proceed, and to complete all Work as scheduled in Task Order(s) issued. If weather affects the required completion schedule, the City and selected Bidder will negotiate a new completion date. Attached hereto is an executed Bid Bond in the amount of 5% of Amount Bid Dollars ($ (Five Percent of Amount Bid). If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. #01 Date viewed 12/04/18 Bidder further declares that the full name and resident address of Bidder's Principal is as follows: `%++t i, 1 rij ``.%GMES• Signed, sealed, and dated this 04th day of December , 2018 100? Gor :. Bidder CMES, INC. _ iSSAAL Company IN - '�cFORG�r Bidder Mailing Address: 6555 McDonough Drive, Norcross, GA -30093 Signature: Print Name: Rames'1-i S.Suhagia Title: President ITB 19-PW02 14 , HO—ME OF'.r!=t�.-TG'-J..irC:,; Lr'--C7-QA' MI-LTON*k ESTABLISHED 2006 [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): CMES, Inc., 6555 McDonough Drive, Norcross, GA 30093 SURETY (Name and Address of Principal Place of Business): Westport Insurance Corporation, 1450 American Lane, Suite 100, Schaumburg, IL 60173 OWNER (hereinafter referred to a� the "City" (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 2006 Heritage Walk Milton, Georgia 30004 BID BID DUE DATE: December 4, 2018 PROJECT (Brief Description Including Locatic;,,1; Birmingham Road Culvert Project, Bid # 19-PWO1Z OND BOND NUMBER: 1204-01 DATE (Not later that Bid due date): December 4, 2018 PENAL SUM: Five Percent of amount bid 5% of amt bid ( Words) ( Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly exeR4,ted,Rn its behalf by its authorized officer, agent or representative. ��0e S,N BIDDER � ` Gia oA,c � „�"". cf..'' SURETY,o C,,� SE CMES• Inc. = I�•Z-7Westport Insurance Corporation t I) SEAQ Bidd 's Name and Corgordt4fS�ealr•- Sure ame and Corporate Se v Y. Sign Lure a H BSignature and Title: Edward Mooney, Attor *'1n F ' PRE EN y, ti> act (Attach Power of Attorney) Attes . Attest: Signature an Title: C SignatPreon Title. CHATUR B.CHHABHAYA April Ayers, Agent ITB 19-PW02 SECRETARY 15 1 Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable, I Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3,2 All Bids are rejected by the City; or 33 The City falls to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suitor action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. ITB 19-PWO2 16 1 B. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Cerfified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. ITB 19-PW42 17 1 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL PONVER OF ATTORNEY' KNOW ALL MFN BY THESE PRESENTS. THAT North American Specialty Insurance Cornpany,a corporation duly orpnized and existing tinder laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas and Washington International Insurance Company a corporation organized and existing tinder the laws of the State of New Hampshire and having its principal off -ice in the City of Overland Park. Kansas. and Westport Insurance Corporation, organized tinder the laws of the State of Missouri, and having its principal office in the City of Overland Park, Kansas each does hereby make, constitute and appoint: EDWARD MOONEY, ROBERT CARLETON WYNNE, and KATARZYNA GRIFFIN JOINTLY OR SEVERALLY Its true and lawful Attorneys} -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, 17C.-Illati011, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed tinder INS authority shall exceed the amount Of. ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile tinder and by the authority of the follotving Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. -RESOLVED, that any two of the President, any Senior Vice President, any Vice President; any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute Power ot'Attorney qUalit*Vinly'the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power ofAttonicy and to attach therein the seal of the Company: and itis FURTHER RESOLVED, that the signature of such officers and the seat of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Po,.,er of Attorney or certificate hearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract Of surety to which it is attached." AAAtyIUVllilt7$rt� Til _u %0 111 I A 4 14. et By A;1 SEAL Ste� to P. Anderio Ittan I nternational Imurance Cttrnpjn� senior I ice President It % SEAL SEAL 51-A 1973 91'Nort rican Specialt) insurance Crunpum Sr"Ifl, Vice President OM estparr Insurance Corituration 14,4, Ut % W By %Mc A niur vice President Inturnational Insurance uMailtintitun & Senior Vice President Insurance Corup11% & Seniur Vice President ut IN estiturr Insurance Curjiuratiun IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 08 day of JANUARY 20 18 . North American Specialty Insurance Company 'ashington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook ss On this 08 day of JANUARY , 20 18, before me, it Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President ofWashingtonInternational Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly s,,vorn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M. KENNY Notary P.Mic 5ta H 1124,V2021 NI. Kenny, Notary Public 1, Jeffrey Goldberg —, the duly elected Vice PreAjkgt&qd Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westpor. ---.Yrration do hereby certify that the above and foregoing is a true and correct copy of a -en by said North AmAA- Power of Attorney given �i % e Vice Company, Washington International Insurance Company and Westport Insurance 0 Corporation which is still in full force and IN CGE& S WITNESS WHEREOF, I have set my an e sly -0f the Companies this dav ofV,V-20A. Iciftey Guldberg, vice President & Assistant Secrolaq OfWashingtor, Inlernationji Insurance Company& Nwit Antericun Specialty Insurumc company & Vice President & Assistant 5ecretary of N, estitert Insurance Curparatunt LTON*k HOME OF` -:� ='r M1 ESTABLISHED 200b [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the some materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and 11 not be violated in any respect. Authorized Signature Date 12/04/2018 Print/Type Name Ramesh S. Suhagia, President Print/Type Company Name Here CMES, INC. CORPORATE CERTIFICATE I, Chatur B. Chhabhava , certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that Ramesh S. Suhagia who signed said bid in behalf of the Contractor, was then (title) President of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of Georgia This 04th day of DecemberM�61 'SeaISEAL (Signature) Chatur B. Chhabhaya, SecretorkoRG%P ITB 19-PW02 18 1 Page HOME OF - -_ -=c--`t,,"-,L T MILTON -*k ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do X , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: No. Sub Contractor Name Scope Of Work Company Name: CMES,INC ITB 19-PW02 19 1 P c g e LTO N*k HOME OF' - -- - J::E "- -' ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] 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: 46157 1 hereby declare under penalty of perjury eVerify Number that the foregoing is true and correct. Norcross 06/27/2007 Executed on Dec , 04, 2018 in (city), Date of Authorization GA (state). CMES, INC. Si Lure of Authorized Officer or Agent Name of Contractor Birminaham Road Culvert Project Printed N and Title of Authorized Officer Name of Project or Agent Ramesh S. Suhagia , City of Milton, Georgia President Name of Public Employer SUBSCRIBED AND SWORN BEFORE ME ON THIS T 04th DAY OF December 2018. ------------- NO ARY PUBLIC t, � 0�zos PRAVIN N PATEL•NOTARY PUBLIC i-il[NOTARY $EALJ v` ..• �� �� Gwinnett County - State of GA M : � 24 MY fin• �J a an 2111.21 �IZg�My:c�,or4�mission Expires: ITB 19-PW02 `AA�iYd 11 rti� 20 Page HOME OF - �: ES" : L MILTO N ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder CMES, INC. 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.) NONE 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 N/A N/A Description Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: NONE NONE ITB 19-PW02 21 1 Page HOME OF' -- - - " -_ G. ' M1 z2: LTO N1 ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Submittal Form Birmingham Road Culvert Project 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 willing 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. In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY CMES, INC. ADDRESS AUTHORIZED SIGNATU McDonough Dr, Norcross, GA -30093 PRINT / TYPE NAME Ramesh S.Suhagia TITLE Print Total Bid Price President �/0.�_00 Number of days to fully complete FY19 project (exclude weather related days): ITB 19-PW02 29 1 Page M I LTON .111� ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 19-PW02 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk 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 ITB. COMPANY NAME: CMESJ CONTACT PERSON: Ramesh S. Suhagia, President ADDRESS: 6555 McDonough Drive CITY: Norcross STATE: Georgia_ ZIP: 30093 PHONE: 770-982-1905 FAX: 770-982-1907 7AII ADDRESS: ramesh.s@a cmesinc.net 12/04/2018 S nature Date ADDENDUM #1 i Y 0 CERTIFICATE LIABILITY INSURANCE DATE (MM1DD/YYYY) A 12/28/2018 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(les) must have ADDITIONAL INSURED provisions or 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 grown & Brown Insurance' of Georgia 9 NAME: r NAME: Kerrie Cox 3433 Satellite Blvd. , Ste. 100 PHONE FAX Duluth, GA 30096 E-MAIL —ADDRESS. ,--_._ ICCOX bbatlanta.Com ��— INSURERS) AFFORDING COVERAGE NAIC # _ _ INSURER A : The Cincinnati Casualty Company _ _ INSURERS: The Cincinnati Insurance Compal www.bbatlantacom _V �q 28665 10677 — - INSURED CMES, Inc. 6555 McDonough Dr. INSURER C: I Norcross GA 30093 INSURER D : _ v GEN'L AGGREGATE LIMIT APPLIES PER: __. POLICY E,/] IECT LOC INSURER E""`---� i INSURER F: 11UVt=KAt:3t1b Lat @H 1IFIL; AIF rJIIMHI-Fd' Ak7A177r ®cvteinWr all MOOD. 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. INSR TYPE OF INSURANCE ADOL SUER; _ _- POLICY EFF POLICY EXP LTR. POLICY NUMBER MM/DD/YYYY MMIODNYYY LIMITS A / COMMERCIAL GENERAL LIABILITY ICLAIMS-MADE ✓ JOCCUR ✓ ✓ IEPP0457629 10/1/2018 10/1/2019 1 EACH OCCURRENCE 000 000 REMISES {Ee occurrences500000MED is2 '✓_, EXP (Any one person)10.000 Contraptual, Llabll, _- 1 I PERSONAL& ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: __. POLICY E,/] IECT LOC i GENERAL AGGREGATE _ S2,000,000 PRODUCTS s2,000,000 OTHER: 5 B AUTOMOBILE LIABILITY ✓ ✓ EBA0506894 10/1/2018 10/1/2019 EOaaBINED1SINGLELIMIT x000,000 ✓ ANY AUTO BODILY INJURY (Per person] $ OWNED SCHEDULED AUTOS ONLY _J AUTOS HIRED i NON -OWNED AUTOS ONLY AUTOS ONLY BODILY INJURY (Per accident) 5 PROPERTY DAMAGE Per accident �S Com /Coll Ded 5 -I.000 - 000 UMBRELLA A ✓ UMBRELtALIAB ✓ ' OCCUR �/ / EPP0457629 10/1/2018 10/1/2019 EACH OCCURRENCE i 55,0001000 EXCESS UAB CLAIMS -MADE iii--- CESS AB - ADE DEO I✓ RETENTION S O �, AGGREGATE 5 000 000 5 B I WORKERS COMPENSATION I AND EMPLOYERS' LIABILITY YIN :ANYPROPRIETOR/PARTNER/EXECUTIVE "OFFICER/MEMBEREXCLUDED? N ' {Mandatory in NH) ❑ 4 If yes. describe under DESCRIPTION OF OPERATIONS below N/A� I f ✓ iEWC0457630 1 I i 10/1/2018 110/1/2019 I PER OTH- L ✓ STATUTE L ER E. L. EACH ACCIDENT - -- ---- E L DISEASE - EA EMPLOYEE YYY ------ E.L. DISEASE - POLICY LIMIT S1,O00000 _ — 1 -------- S - +��-- +� ,p.. •------__ $1 000 000 A Equipment Floater A Contractor's Pollution Liability iEPP0457629 EPP0457629 10/1/2018 10/1/2019 Leased and Rented Equipment $200,000 10/1/2018 110/1/2019 ; $1 MM Per Incident/ $2MM General Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT — GA 233 02 07 CinciPlus@ BUSINESS AUTO XC+6 (EXPANDED COVERAGE PLUS) ENDORSEMENT- AA 288 01 16 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- WC 00 03 13 Project Name: ITB 19-PW02, Birmingham Rd Culvert Project C*r:lty oSHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE t Hf Milton Walk THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Milton GA 30004 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Linda A. Slafta O 1988-2016 ACORD CORPORATION_ All rights m-servari. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 41-43-", I -r-:F'.:t- I '^i':k C'', I IL :,':..'1 7::"'... z_ I T� I FP I cE I See Exhibit "A" "EXHIBIT D.1" PERFORMANCE BOND Bond # 2283256 CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT CMES. Inc. ("Principal"), and _ Westport Insurance Corporation ("Contractor's Surety"), are held and finely bound unto City of Milton, Georgia ( "City"), for the use and benefit of the City, in the sum of six - hundred and seventeen thousand, eight -hundred and five dollars ($617,805.00), 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 for the construction of a project known as ITB 19-PW02. Birmingham Road Culvert Proiect (hereinafter referred to as "the Project"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "Agreement"). NOW THEREFORE, the conditions of this obligation are as follows: That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Agreement, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions, and requirements of the Agreement, including all modifications, amendments, changes, deletions, additions, and alterations thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Agreement by the Principal, which shall include, but not be limited to, any breach or default of the Agreement: a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) calendar days after written notice from the City to the Contractor's Surety; and b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor's Surety hereby waives notice of any and all modifications, omissions, additions, changes, and advance payments or deferred payments in or about the Agreement, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal, IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact, as set forth below. [SIGNATURES ON FOLLOWING PAGE] Attest: _ . (si ture) CHAW-9—a. CVMA RA `lA(print) Title: C. F r r• Date: Attest: (signature) Bobbie Burdett Title: Agent Date: _ (print) CONTRACTOR ("Principal"): CMES I c. (sy; sig Rh�1ESrj. S SUHA&tA (print) Title: — ,N r - No �'Z Date: 1 � \ T � oQPORgrF• . SEAL _ CONTRACTOR'S SURETY: Westport Insurance Corporation BY (signature) Edwa[d Moonoy Title: -Attorney In Fact Date: (- Z9 - 1q (ATTACH SURETY'S POWER OF ATTORNEY) (print) SEA\. "EXHIBIT D.2" PAYMENT BOND Bond # 2283256 CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT CMES. Inc. ( "Principal"), and Westport Insurance Corporation ( "Contractor's Surety"), are held and firmly bound unto City of Milton, Georgia ( "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of _ _ _ six -hundred and seventeen thousand, eight -hundred and five dollars ($617,805.00), 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 for the construction of a project known as ITB 19-PW02. Birmingham Road Culvert Pr_ oject (hereinafter referred to as "the Project"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "Agreement"). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services, and materials used or reasonably required for use in the performance of the Agreement, then this obligation shall be void; otherwise to remain in full force and effect. A "Claimant" shall be defined herein as any subcontractor, person, party, partnership, corporation, or other entity furnishing labor, services, or materials used or reasonably required for use in the performance of the Agreement, 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 Agreement with the Principal or any subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a lien against the property of the City affected by the Agreement, 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 Agreement. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers, as set forth below. 3��� Attest: (signature) Ct-LA- -1 V K 4. Crl.tIA 5BAYA(printed) Title: "C E_. Q Date: Attest: (signature) Bobbie Burdett _ (printed) Title:. Agent _ Date: �- �' - "l CONTRACTOR: CMES. I By: _ (signature) Steri 61A (printed) Title: PRSJaID < T (SgAT'l I r r,r,i� •�� GWES' Date: (, SEAL CONTRACTOR'S SURETY: Westpo surance Corporation By (signature) Edward Moone)r (printed) Title: Attorney in Fact Date: (ATTACH SURETY'S POWER OF ATTORNEY) SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park, Kansas, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Overland Park, Kansas each does hereby make, constitute and appoint: EDWARD MOONEY, ROBERT CARLETON WYNNE, and KATARZYNA GRIFFIN JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." �xtwtanaanana �_�'L,j ,tri ,40RPO,Q,4Td'G By tom}; „'•'•a S+�L F Steven a erson, error ce res eot a as glen international asis a Company ~ m & Senior Vice President of north American Specialty insurance Company !!! .n & Senior Vice President of Westport Insurance Corporation ~ ........... BY�'ti� * Mike A. Ito, Senior Vice President of Washington International insurance Company MW & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 08 day of JANUARY , 20 18 North American Specialty Insurance Company Washington international Insurance Company State of Illinois Westport Insurance Corporation County of Cook ss: On this 08 day of JANUARY , 20 18, before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice. Rnwitd gt of Westport Insurance Corporation, personally known to me, who CE being by me duly swom, acknowledged that they signed the $o4rpmey as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. _�•�,.ed _ _F''_ M. Kenny, Notary Public I, Jeffrey Goldberg the duly elected Vice President anti sst ,�p si2�atetar** of North American Specialty Insurance Company, Washington International Insurance Comp��lt ' "'"vort Insurance Corp inn du, tt y certify that the above and foregoing is a true and correct copy of a Power of Attorney given an Specialty Insuranceompany, Washington International Insurance Company and Westport Insurance Corporation which is Sriorce ar�d IN WITNESS WHEREY ha,*E*haI;Add affixed the seals of the Companies this _day of 20 Jeffrey Goldberg, Vice President &A -list -nit Secretary of Washinglon International Imumnce Company & North American Specialty Insurance Company & Vice President & Assistant Secretary of WestportInsurance Corporation KNOW ALL MEN BY THESE PRESENTS THAT CMES, Inc. ("Principal") located at 6555 McDonough Dr, Norcross, GA 30093, and ("Contractor's Surety"), are held and firmly bound unto the City of Milton, Georgia ("City"), for the use and benefit of the City for maintenance of improvements as described below in the sum of 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. SEAS, the Principal has entered into a certain written Agreement with the City, for the construction of a project (hereinafter referred to as the "Project") which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "Agreement"); and WHEREAS, said Project has been approved by the City of Milton, under the terms that a 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 the date of final completion of the Project, repair and replace any defects arising from the Project in accordance with all applicable federal and state laws, with the Agreement, and with all applicable City regulations, including but not limited to the Code of Ordinances for the City of 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 repair and replace any defects arising from the Project identified within two years of final completion; 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 repairing and/or replacing the Project, 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 perfonn its obligations under this bond shall be subject to the advance written approval of the City. The parties further expressly agree that any action on this bond may be brought within the time allowed by Georgia Iaw for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this day of , 201 [SIGNATURES ON THE FOLLOWING PAGE] Signature Print Name Date Title (President or Vice President for Corporation) [AFFIX CORPORATE SEAL] Signature Print Name Title ((Assistant) Corporate Secretary) (Name of Contractor's Surety) Signature Print Name Date Title [AFFIX SEAL] Signature Print Name Title ((Assistant) Corporate Secretary) (ATTACH SURETY'S POWER OF ATTORNEY) "EXHIBIT E" NONCOLLUSION AFFIDAVIT OF PRIME BIDDER STATE OF C Conrslj cx.. COUNTY OF—� RAI!! A SH S • S U H AG l A , being first duly sworn, deposes and says that: (1) He is PR6sIDGt-4T (Owner, Partner, Officer, Representative, or Agent) of CMES, Inc. (the "Bidder) that has submitted the attached Bid; (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive of a sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, included in this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price of any other Bidder or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Milton or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this Affiant, (6) Bidder has not directly or indirectly violated any law, ordinance or regulation related to the Bid. Signature of Authorized Officer or' gent RAMF5H 6.5VHACTIA _ P.P•5jDP-NT Printed Name and Title of Aut orized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE Zr,-4- DAY OF S , 201t. ry Public PRAVIN N PATEL - NOTARY PUBLIC Gwinnett County - State of GA [NOTARY SEAMY Comm. Expires Jan 24.2021 Expires: o ',�r COIJ14 t '; STATE OF COUNTY OF I W H 1;11s � I, 'hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by or any of its subcontractors in connection with the construction of for City of Milton, Georgia 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 City of Milton, Georgia 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 "EXHIBIT G.I" STATE OF Grin COUNTY OF'�, CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City 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: Zr6157 Federal Work Authorization User Identification Number 0612112-007 Date of Authorization CMES, Inc. Name of Contractor Birmingham Road Culvert Project Name of Project City of Milton. Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on Jg1�.ae4k`201L in N pr 0%%64 (cit , e'�mrx, (state). Signature of Authorized -Officer or Agent RAMD6H 3.50HA60A, ?k6SIQ&i l'T Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 2X il` DAY OF 20AL. No a Public PRAVIN N PATEL -NOTARY PUBLIC [NOTARY SEAL]MY County - State of GA �nl'tt�l4�Jr My Comm. Expires Jan 24, 2021 cs t v w 4e PUB :O ! 1 ° ); 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 CMES, Inc. (name of contractor) 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 Birmingham Road Culvert Project Name of Project City of Milfon; Geor6a Naive 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: See Exhibit "A" Plans not physically attached to Exhibit A are expressly incorporated by reference. A. Payment for Work Completed and Costs Incurred. City agrees to pay the Contractor for the Work performed and costs incurred by Contractor upon certification by the Contract Administrator and the City that the Work was actually performed and costs actually incurred in accordance with this Agreement. Payment shall be based on the value of the Work completed, as provided in the Contract Documents, plus the value of materials and equipment suitably stored, insured, and protected at the construction site, and, only if approved in writing by the City (which approval shall be given at the sole discretion of the City), such materials and equipment suitably stored, insured, and protected off site at a location approved by the City in writing, less retainage (as described below). Compensation for Work performed and reimbursement for costs incurred shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed and costs incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. Invoices shall be submitted on a monthly basis. 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. The City shall pay the Contractor within thirty (30) calendar days after approval of the invoice by City staff, less any retainage as described in Section D below. No payments will be made for unauthorized work. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand -delivered, though the Contractor may arrange to pick up payments directly from the City or may make written requests for the City to deliver payments to the Contractor by Federal Express delivery at the Contractor's expense. B. _Evaluation of Payment Requests. The Contract Administrator will evaluate the Contractor's applications for payment and will either issue to the City a Certificate for Payment (with a copy of the Contractor's application for payment) for such amount as the Contract Administrator detern-rines is properly due, or notify the Contractor and City in writing of the Contract Administrator's reasons for withholding certification in whole or in part. The Contract Administrator may reject Work that does not conform to the Contract Documents and may withhold a Certificate of Payment in whole or in part, to the extent reasonably necessary to protect the City. When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. Even following a Certificate of Payment, the City shall have the right to refuse payment of any invoice or part thereof that is not properly supported, or where requests for payment for Work or costs are in excess of the actual Work performed or costs incurred, or where the Work product provided is unacceptable or not in conformity with the Contract Documents, as determined by the City in its sole discretion. The City shall pay each such invoice or portion thereof as approved, provided that neither the approval or payment of any such invoice, nor partial or entire use or occupancy of the Project by the City, shall be considered to be evidence of performance by the Contractor to the point indicated by such invoice, or of receipt or acceptance by the City of Work covered by such invoice, where such work is not in accordance with the Contract Documents. C. Final Payment and Retainage. The 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 Maximum 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 substantial completion. Once fifty percent (50%) of the Maximum 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. All amounts retained by the City shall be held as a lump sum until substantial completion of the Work, regardless of earlier completion of individual component(s) of the Work; provided, however, that, 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 substantial completion of the Work and as the Contract Administrator 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 or Work that is incomplete through no fault of the Contractor, as determined by the City in its sole discretion, an amount equal to 200 percent of the value of each minor item or item of Work that is incomplete through no fault of the Contractor, as determined by the City in its sole discretion, as determined by the Contract Administrator in its sole discretion, shall be withheld until such item, items or work 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. Final payment of any retained amounts to the Contractor shall be made after certification by the Contract Administrator that the Work has been satisfactorily completed and is accepted in accordance with the Agreement and Contract Documents. Neither final payment nor any remaining retainage shall become due until the Contractor submits to the Contract Administrator (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 thirty (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 anal 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. Reserved. �e 3. ,1 a .. ,,. , ,1. F�� ,,,. � d;t ;htip :< r.S,i,,; 1. Maintenance of Worksite: The Contractor shall maintain the Project and the surrounding worksite from the beginning of the Work until final completion of the Project. Such maintenance duties include, but shall not be limited to, continuous and effective prosecution of the Work day by day with adequate equipment and forces to ensure that the roadway or structures within the Project worksite are kept in satisfactory condition at all times. All existing guard rail, signs, pavement, pavement markings, bridge handrail, traffic control devices and other safety appurtenances that are not subject to removal or relocation in the completion of the Work shall also be maintained in a safe and satisfactory condition. The Contractor shall not allow vegetative growth at any time to obstruct signs, delineation, traffic movements, or sight distance. The Contractor shall, as necessary to keep the worksite clean and clear of all litter and debris, clean up and remove litter and debris. These requirements shall apply to all areas within the Project worksite (i.e., the Project termini and lateral limits). All maintenance costs during construction and before the Work is accepted will be included in the Maximum Contract Price (and any individual flat fee or unit prices), and the Contractor will not be paid any additional compensation for - such maintenance services. 2. Repair of Worksite and Private Property In the Case of Damage: From the beginning of the Work until the final completion, the Contractor shall take every precaution against injury or damage to any part of the Project and the surrounding worksite by any cause whatsoever. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the Project or the worksite (with the exception of injury or damage caused by the sole negligence of the Owner) before final completion and shall bear the expense thereof. In case of suspension of Work from any cause whatsoever, the Contractor shall be responsible for the Project and shall take such precautions as may be necessary to prevent damage to the Project, provide for normal drainage and shall erect any necessary temporary structures, signs, or other facilities at its expense. Where the City elects to carry out a portion of the Work, in accordance with Section I I (A)(ii) of the Agreement, the City will determine if certain precautions are unnecessary and may be waived in that instance. The Contractor shall also take every precaution against injury or damage to private property in or around the worksite and shall repair or replace any private property damaged (directly or indirectly) by the Work. For purposes of progress payments and retainage calculation, and except where otherwise approved by the City in writing, damage to the Project or the worksite shall be repaired to the satisfaction of the City before the Work shall be deemed to have increased in value such that any further- progress payments are due to the Contractor. Further, except where otherwise approved by the City in writing, any damage to private property in or around the worksite, which damage is caused by the Contractor, shall be repaired or otherwise addressed to the satisfaction of the City before the Work shall be deemed to have increased in value such that any further progress payments are due to the Contractor. No Text 3. Roadway Maintenance and Repair Duties in Relation to Traffic Activity: If the Project requires that traffic be maintained through the Project worksite during the prosecution of the Work, the Contractor shall assume all responsibility for damage to the Project and surrounding worksite caused by such traffic until final completion of the Work. If the Work requires that traffic be relocated to an alternate roadway or the Project is constructed on a new location, the Contractor shall be responsible for all damage to the Project and the worksite until the City directs that the Project be opened to traffic. At that time, the Contractor will no longer be responsible for traffic -related damage to the Project or worksite other than damage attributable to the Contractor's actions or inadequate construction. TO: FROM: MILTON111 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 29, 2019 Steven Krokoff, City Manager (0 AGENDA ITEM: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt an Amendment to the Fiscal 2019 Budget for the Purchase of Two Fire Department Apparatus. MEETING DATE: Monday, February 4, 2019 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 (,KNO CITY ATTORNEY REVIEW REQUIRED: () YES (AO APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: & LlayiZoiq 2006 Heritage Walk Milton, GA 0000 P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on January 15, 2019 for First Presentation on the January 23, 2019 Regular City Council Meeting and Unfinished Business for the February 4, 2019 Regular City Council Meeting Agenda Item: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt an Amendment to the Fiscal 2019 Budget for the Purchase of Two Fire Department Apparatus. ____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: The Fire Department has been presented with an opportunity to save $91,810.00 on the purchase of two apparatus. The attached budget amendment will provide the necessary budget in FY2019 in order to make the pre-payment required to obtain the savings. The money transferred in FY2019 will be reduced in the FY2020 request for the Vehicle Replacement Reserve account in the Fire Department. Funding and Fiscal Impact: This request is to shift the pay-as-you-go funding strategy between the Vehicle Replacement Reserve and SCBA Replacement accounts by one year and to utilize $63,877 of contingency funds that will be reduced from the FY2020 budget request. Alternatives: Fund one unit now and forego the opportunity to realize the savings for the two-unit purchase. Concurrent Review: Steve Krokoff, City Manager Attachment(s): Budget Amendment Proposed Budget Amendments Fiscal Year 2019 ACCOUNT # CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES BY PROJECT: Vehicle Replacement Reserve 300-3510-542202000 1,419,901 250,042 1,669,943 Increase to account for cost to pre-pay two replacement apparatus SCBA Replacement 300-3510-542507103 186,165 (186,165) - Decrease to transfer funds to Vehicle Replacement Reserve (Fire) Contingencies/Unallocated 300-9000-579100000 164,048 (63,877) 100,171 Decrease to transfer funds to Vehicle Replacement Reserve (Fire) TOTAL EXPENDITURES $ - Total Revenues Over/(Under) Expenditures -$ CAPITAL PROJECTS FUND Page 1 of 2 STATE OF GEORGIA ORDINANCE NO. FULTON COUNTY AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ADOPT AMENDMENTS TO THE FISCAL 2019 BUDGET TO ADDRESS THE FUNDING OF TWO FIRE DEPARTMENT APPARATUS BE IT ORDAINED by the City Council of the City of Milton, GA while in a council meeting on February 4, 2019 at 6:00 p.m. as follows: WHEREAS, the City Manager of the City of Milton has presented amendments to the fiscal year 2019 budget to the City Council on each of the various funds of the City; and WHEREAS, each of these budget amendments results in a balanced budget, so that anticipated revenues equal proposed expenditures for each fund; and WHEREAS, the amended fiscal year 2019 budget provides a financial plan for the government, establishing appropriations for each operating department in order to extend services; NOW, THEREFORE BE IT ORDAINED that this budget amendment, “Exhibit A” attached hereto and by this reference made a part hereof this ordinance shall be the City of Milton’s amended fiscal year 2019 budget; and BE IT FURTHER ORDAINED that this budget be and is hereby approved and the several amounts shown in the budget for each fund as proposed expenditures are hereby appropriated to the departments named in each fund; and, BE IT FURTHER ORDAINED that the expenditures shall not exceed the appropriations authorized by this budget or amendments thereto provided; that expenditures for the fiscal year shall not exceed actual funding available. Page 2 of 2 ADOPTED AND APPROVED this 4th day of February, 2019. CITY OF MILTON, GEORGIA By: ________________________ Mayor Joe Lockwood _________________________ _________________________ Councilmember Peyton Jamison Councilmember Carol Cookerly _________________________ ________________________ Councilmember Matt Kunz Councilmember Joe Longoria _________________________ ________________________ Councilmember Laura Bentley Councilmember Rick Mohrig Attest: _______________________________ Sudie AM Gordon, City Clerk