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Agenda Packet CC - 03/18/2019 - 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, March 18, 2019 Regular Council Meeting Agenda 6:00 PM INVOCATION – Pastor Jerry Dockery, Crabapple First Baptist 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. 19-053) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 18, 2019 Page 2 of 5 5) PUBLIC COMMENT (General) 6) CONSENT AGENDA 1. Approval of the March 4, 2019 City Council Meeting Minutes. (Agenda Item No. 19-054) (Sudie Gordon, City Clerk) 2. Approval of a Construction Services Agreement between the City of Milton and TriScapes, Inc. for Hamby Road Bridge Repair Project. (Agenda Item No. 19-055) (Sara Leaders, Interim Public Works Director) 3. Approval of a Professional Services Agreement between the City of Milton and Wolverton & Associates, Inc. for Conceptual Design of the Cogburn Road Sidewalk Project. (Agenda Item No. 19-056) (Sara Leaders, Interim Public Works Director) 4. Approval of a Construction Services Agreement between the City of Milton and Prime Contractors, Inc. for the Construction of Storage Buildings for Public Works and the Fire Department. (Agenda Item No. 19-057) (Robert Edgar, Fire Chief and Sara Leaders, Interim Public Works Director) 5. Approval of a Contract with CrewSense, LLC for the Provision of a Fire/EMS Staff and Scheduling System. (Agenda Item No. 19-058) (Robert Edgar, Fire Chief) 6. Approval of the following Subdivision Plat: Name of Development / Location Action Comments / # lots Total Acres Density 1. Tanglewood Preserve Ph 2 LL 465 & 466 Chenery Drive Final Plat Revision Add 1 lot / 15 lots total in Phase II 27.81 .54 Lots / acre (Agenda Item No. 19-059) (Parag Agrawal, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 18, 2019 Page 3 of 5 7) REPORTS AND PRESENTATIONS 1. Recognition of the Milton First Responders Foundation for their Purchase of New Grant Equipment for the Police and Fire Departments. (Presented by Robyn Pinto, MFRF) 2. Proclamation Recognizing the 25th Anniversary of the Piedmont Chapter of the Sons of the American Revolution. (Presented by Councilmember Matt Kunz) 3. Proclamation Recognizing Thrombosis Awareness Month. (Presented by Mayor Joe Lockwood) 4. Georgia 400 Transit Initiative Overview. (Presented by Emily Ritzler, WSP Global, Inc.) 8) FIRST PRESENTATION 1. Consideration of an Ordinance to Revise Article III – Officers and Employees, Division 2 – Travel and Meal Expenditure Policy. (Agenda Item No. 19-060) (Sam Trager, Human Resources Director) 2. Consideration of an Ordinance to Amend Chapter 2, Article VI, Division 3 to Revise the City’s Budgetary Policy Regarding Budget Stabilization Resources and Utilization of Prior Year’s Fund Balance. (Agenda Item No. 19-061) (Stacey Inglis, Assistant City Manager) 3. Consideration of an Ordinance to Amend Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 (N 2-8) of the Milton City Code (Agenda Item No. 19-062) (Jim Cregge, Parks & Recreation Director) 9) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATIONS 1. Consideration of the Issuance of an Alcohol Beverage License to BCG Cap Cross, LLC., d/b/a Crooked Creek Club, 3430 Highway 9 North, Milton, Ga. 30004. (Agenda Item No. 19-063) (Bernadette Harvill, Finance Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 18, 2019 Page 4 of 5 2. Consideration of the Issuance of an Alcohol Beverage License to Yan Ling Inc., d/b/a Tokyo Sushi, 980 Birmingham Road, Suite 303, Milton, Ga. 30004. (Agenda Item No. 19-064) (Bernadette Harvill, Finance Director) 10) ZONING AGENDA 1. Consideration of RZ19-01 - Amendment to Sec. 64-1 - Definitions and Section 64-395 - Uses Prohibited in all Zoning Districts as it relates to Vape Shops. (Agenda Item No. 19-050) (First Presentation at March 4, 2019 City Council Meeting) (Parag Agrawal, Community Development Director) 11) UNFINISHED BUSINESS (None) 12) NEW BUSINESS 1. Consideration of a Resolution Adopting the City of Milton Ten Year Comprehensive Parks and Recreation Master Plan. (Agenda Item No. 19-065) (Jim Cregge, Parks and Recreation Director) 2. Consideration of a Resolution Requesting the Authorization to Transmit an Application to Atlanta Regional Commission for Funding Through the Livable Center Initiative (LCI) Program in the Amount of $120,000 to Conduct an Updated Study of the Hwy 9 and Deerfield Area. (Agenda Item No. 19-066) (Parag Agrawal, Community Development Director) 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Community Development 2. Police 3. Communications MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 18, 2019 Page 5 of 5 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 19-067) MILTON111 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE:: March 11, 2019 FROM: Steven Krokoff, City Manager/ -1) AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and TriScapes, Inc. for Hamby Road Bridge Repair Project. MEETING DATE: Monday, March 18, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (J XPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ()%ES () NO CITY ATTORNEY REVIEW REQUIRED: (k"'ES () NO APPROVAL BY CITY ATTORNEY: (,,yAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: c'3/)L�/7 i `i 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Matthew Fallstrom, Capital Projects Manager Date: Submitted on March 4th, 2019 for the March 18th, 2019 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and TriScapes, Inc. – Hamby Road Bridge Repair Project _____________________________________________________________________________________ Project Description: The work to be completed under this agreement includes: The repair of washout void under the bridge abutment on Hamby Road as well as the replacement of the damaged guardrail., in accordance with the plans and specifications. Procurement Summary: Purchasing method used: 3 Written Quotes ($5,000-$49,999) Account Number: 300-4101-541401200 Requisition Total: $ 25,236.23 Vendor DBA: Triscapes Inc. Other quotes or bids submitted (vendor/$): Vendor/Firm Quote/Bid Blount Construction $46,239.70 CMES $50,260.00 Financial Review: Bernadette Harvill, 3/4/19 Legal Review: Sam VanVolkenburgh, 2/13/19 Attachment(s): Construction Services Agreement HOMEOF'7 lilii' I ':C-OBG':,• mi. 1JO-1111 _. ESEABLISI[ED 27 CONSTRUCTION SERVICES AGREEMENT — SHORT FORM Hamby Road Bridge Repair Project This Construction Services Agreement (the "Agreement") is made and entered into this day of , 2019 (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, located at 2006 Heritage Walk (hereinafter referred to as the "City"), and TriScapes, Inc., a domestic limited liability company, having its principal place of business at 1595 Peachtree Parkway, Ste 204-396, Cumming, GA 30041, (hereinafter referred to as the "Contractor"), collectively referred to herein as the "Parties". WITNESSETH THAT: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project (defined below); and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in the Contract Documents (defined below). 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. Scope of Work, attached hereto as "Exhibit A"; B. Insurance Certificate, attached hereto as "Exhibit B"; C. Contractor Affidavit, attached hereto as "Exhibit C"; D. Subcontractor Affidavit, attached hereto as "Exhibit D"; E. Performance Bond, attached hereto as "Exhibit E"; F. Payment Bond, attached hereto as "Exhibit F"; and G. City of Milton Code of Ethics (codified in the official Code of the City of Milton). 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. Section 2. The Work: A general description of the Project is as follows: At the bridge at 3260 Hamby Road., Milton, GA, repair the washout under the approach slab, and remove and replace the damaged guardrail. The Contractor will place forms under the bridge and fill the void under the bridges approach slab with flowable fill. The Contractor will also remove and replace the damaged guardrail, and will stabilize the embankment around the bridge with rip rap stone. 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 A", 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. The City will be responsible for marking any nearby property lines, as well as the fence location and Construction Services Agreement I Version 1.0 any water Eines, irrigation lines, sprinklers, and similar underground objects in the area where the fence is to be installed. Section 3. Contract Term; Termination: Contractor understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. Contractor shall commence Work pursuant to this Agreement on or before the start date to be specified on a written "Notice to Proceed" issued by the City and shall fully complete the Work within ten (10) business days of the start date specified in the "Notice to Proceed". The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price (defined below) shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $25,236.25 ("Contract Price"), except as outlined in Section 4 -above. The compensation for Work performed shall be based upon a)Flat Fee and Contractor represents that the Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. 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 principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon the City's certification that the Work was actually performed, and costs actually incurred in accordance with this Agreement. No payments will be made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of an invoice, 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. The invoice shall be submitted upon completion of the Work and such invoice shall reflect costs incurred versus costs budgeted. The invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment, as appropriate) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. TECITAM-IrT M, A. Ethics Code; Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the services required by this Agreement. 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 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. Expertise of Contractor; 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 City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. The Contractor acknowledges and agrees that the acceptance or approval of any Work by the City is limited to the function of determining whether there has been compliance Construction Services Agreement I Version 1.0 with what is required to be produced under this Agreement and shall not relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards. C. 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. D. Contractor's Representative; Meetings. Ryan Hogan shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. Contractor shall meet with 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 City. E. 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. 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 and payment of subcontractors, agents, or employees to complete the Work, including compliance with Social Security, withholding, and all other regulations governing such matters. Any provisions of this Agreement that may appear to give the City the right to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of 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. F. Responsibility of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify, and hold harmless the City 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 a 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 negligent 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. 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. G. Insurance. Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit "B", attached hereto and incorporated herein by reference. Contractor shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage.. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Contractor shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Contractor's Work and that the City and its officials, employees or agents are named as additional insureds. Construction Services A-reement I Version 1.0 H. Assignment of Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of, this Agreement, without the prior express written consent of the City. I. Employment of Unauthorized Aliens Prohibited — E -Verify 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 "C" and "D" (affidavits 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 C", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event the Contractor 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 D", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt. 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. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law and shall be construed to be in conformity with those laws. J. 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. K. Licenses. Certifications and Permits. Contractor covenants and declares that it has obtained and will maintain 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. The Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary or customarily secured for proper execution and completion of the Work. L. Authority to Contract. The individual executing this Agreement on behalf of 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. Construction Services Agreement I Version 1.0 M. 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 ("Materials") shall be the property of the City, and the City shall be entitled to full access and copies of all such Materials in the form prescribed by the City. 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. N. 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. O. Bonds. Contractor shall provide Performance and Payment bonds on the forms attached hereto as "Exhibit E" and "Exhibit F" 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. Section 7. Final Project Documents; Warranty: Prior to final payment, Contractor shall deliver to City copies of any 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. Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within the greater of (a) any warranties listed in Exhibit A or (b) one (1) year from the date of completion, at no additional cost to the City. Section 8< Miscellaneous: A. Complete Agreement; Counterparts; Third Party Rights. its. 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. 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. 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. B. Governing Law; Business License, Proper Execution. 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. 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. During the Term of this Agreement, Contractor shall maintain a business license with the City, unless Contractor provides evidence that no such license is required. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's profession or business and in compliance with all applicable federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, 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.). C. Notices. All 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 first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. D. Waiver; Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one Construction Services Agreement j Version 1.0 specified in such waiver, and that one only to the extent specifically stated. 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. E. Agreement Construction and Interpretation, Invalidity of Provisions, Severability_ Contractor represents that it has reviewed and become familiar with the Contract Documents, the nature and extent of the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Contractor represents that it has given the City written notice of all conflicts, errors, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor. 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. 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. IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. Construction Services Agreement (Version 1.0 [CORPORATE SEAL] CITY OF MILTON, GEORGIA Signature: Steven Krokoff, City Manager [CITY SEAL] Attest: By: Its: City Clerk Approved as to form: CO CTOR: TriSca es Inc. By: Rebecca Martin Its: Eiiden)Vice President [CIRCLE ONE] Attest/Witness: 51 Mitzi Chambers Its: Assistant Corporate Secretary ((Assistant) Corporate Secretary if corporation) RATIFIED BY CITY COUNCIL Signature: Joe Lockwood, Mayor City Attorney Construction Services Agreement I Version 1.0 iMAII I � "I � I , I NIII, ; �� 1, ATri Scapes Milton Drainage Repairs City of Milton 2/12/2019 1595 Peachtree Park -way, Suite 204-396 Cumming, GA 30041 Office 770-752-4698 Fax 770-752-6792 www.TriScapes.com Road Repairs Proposal Notes: 1) Irrigation price DOES NOT INCLUDE water meter, power to controller, or power to pumping unit for irrigation system. 2) Removal and/or disposal of existing or temporary vegetation is NOT INCLUDED in this bid proposal. 3) One (1) year Warranty based on newly installed landscaping and includes mowing, watering, edging, pruning, and bell -weed control. 4) Auxiliary Maintenance may be offered as an add-Onlalternate selection for service of installed landscape AFTER SUBSTANTIAL COMPLETION. This is not for care of installed landscape during the construction process. 5) Topsoil is to be placed and screened b}, site work contractor other than Tri Scapes, Inc 6) Structural soil, lightweight soil, engineered soil, or certifide landscape soil mix is NOT INCLUDED in this bid proposal. 7) Proposal based on the assumption that site grade will be received at +- 1110thfoot offnish grade elevation. Additional grading will be done on T&M ticket basis. 8) NO ADDENDA are acknowledged in this bid proposal. Note: Price good for 90 days Page 1 Unit Unit of Unit Total Description QTY. Measure Price Extended Hambv Rd Brid a Abutment Traffic Control 2 Da $3,750.00 $ 7,500.00 Sawcut Rd 1 LS $ 750.00 $ 750.00 Form worldbracing for abutment reinforcement 1 LS $3,720.00 $ 3,720.00 Flowable Fill 15 CY $ 426.75 $ 6,401.25 Guardrail - Replacement by Subcontractor 1 LS $6,240.00 $ 6,240.00 P&P Bond I LS $ 625.00 $ 625.00 BASE BID AMOUNT: $ 25,236.25 Proposal Notes: 1) Irrigation price DOES NOT INCLUDE water meter, power to controller, or power to pumping unit for irrigation system. 2) Removal and/or disposal of existing or temporary vegetation is NOT INCLUDED in this bid proposal. 3) One (1) year Warranty based on newly installed landscaping and includes mowing, watering, edging, pruning, and bell -weed control. 4) Auxiliary Maintenance may be offered as an add-Onlalternate selection for service of installed landscape AFTER SUBSTANTIAL COMPLETION. This is not for care of installed landscape during the construction process. 5) Topsoil is to be placed and screened b}, site work contractor other than Tri Scapes, Inc 6) Structural soil, lightweight soil, engineered soil, or certifide landscape soil mix is NOT INCLUDED in this bid proposal. 7) Proposal based on the assumption that site grade will be received at +- 1110thfoot offnish grade elevation. Additional grading will be done on T&M ticket basis. 8) NO ADDENDA are acknowledged in this bid proposal. Note: Price good for 90 days Page 1 69� 0011' t a�. O CERTIFICATE LIABILITY INSURANCE DATE (MM/DDIYYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 02/25/2019 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 CONTACT Stephanie Smith, CISR NAME: PointeNorth Insurance Group, LLC p/C No ExtI: (770) 858-7540 aic N,J: (770) 858-7545 E-MAIL ssmith@pointenorthins.com ADDRESS: PO Box 724728 INSURER(S) AFFORDING COVERAGE NAIC li INSURERA: Grange Mutual Ins Co A 14060 Atlanta GA 31139 INSURED INSURER B : Accident Fund Ins. Co ofAmerica A- 10166 Tri Scapes, Inc. QR Martin INSURERC: 220 Curie Drive INSURER D: INSURER E : MED EXP (Any one person) $ 10,000 Alpharetta GA 30005 INSURER F: COVERAGES CERTIFICATE NUMBER: 18/19 Pkg & WC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I TR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DDIYEYYY MMIDPOLIDEXP LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE ®OCCUR PREMISES Eaoccurry enca $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL RADV INJURY $ 1,000,000 A Y Y CPP2771706 12/01/2018 12/01/2019 GEN'LAGGREGATELIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ® PRO E-12,000,000 JECT LOC PRODUCTS.-COMP/OPAGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO _ BODILY INJURY (Per person) $ A OWNED SCHEDULED AUTOS ONLY AUTOS Y Y CA2771709 12/01/2018 12/01/2019 BODILY INJURY (Per accident) $ HIRED NON -OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY per accident X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 5;000,000 A EXCESS LIAB CLAIMS -.MADE Y Y CUP2771712 12/01/2018 12/01/2018 AGGREGATE $ 5,000,000 DED I X1 RETENTION $ 0 $ WORKERS COMPENSATIONX AND EMPLOYERS' LIABILITY YIN STA UTE ER E.LEACH ACCIDENT $ 1,000,000 B ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDEDI � N/A Y WCV6168314 07/01/2018 07/01/2019 — -- F L DISEASE- EA EMPLOYEE S 11000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 Leased/Rented Equipment A CPP2771706 12/01!2018 12/01/2019 Limit 35;000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Project: Hamby Road Bridge Repair Project, 3260 Hamby Road., Milton, GA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Milton, Georgia ACCORDANCE WITH THE POLICY PROVISIONS. 2006 Heritage Walk AUTHORIZED REPRESENTATIVE Milton GA 30004 ! r t J` ©1988-2015 ACORD CORPORATION. All riahts reserved ACORD 26 (2016/03) The ACORD name and logo are registered marks of ACORD Additional Named Insureds Other Named Insureds M&M Investments, LLC and Tri Stapes, Inc, ATIMA Corporation, Additional Named Insured I OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC I a -W. M 141ma CONTRACTOR AFFIDAVIT AND AGREEMENT under O.C.G.A. § 13-10-91(b)(1) STATE OF l:eUi�Iw COUNTY OF SLI I� 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, Georgia, 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: 123689 Federal Work Authorization User Identification Number 06/02/08 Date of Authorization Triscapes, Inc. Name of Contractor Hamby Road Bridge Repair 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 r -e,6. -2d' , 2011 in Almharetta (city), GA (state). 0)4L 4444"� Sign ure of Authorized Officer or Agent Rebecca Martin, PresidentJCFO Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ?:.P' -h DAY OF 2011. N TA BLIC `����►�iii�����i `��� N11TZ! ✓ c �,� My Commission Expires: = ���?;� 00A"o,y9! ZD' No), ;m- -7- m : _ r � • `•' I J; , O i STATE OF Gl. e-�Mi 6\ COUNTYOF Dor-6-Lb By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firma or corporation which is engaged in the physical performance of services under a contract with TriScapes, Inc. on behalf of the City of Milton, Georgia, 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 Hamby Road Bridge Repair Project Name of Project City of Milton, Georgia Name of Public Employer 0 I hereby declare under penalty ofpei jury that the foregoing is true and correct. Executed on r c =b. ;Z U- 201 q in D 6ez l t , (city), C_r�i (state). ' 2 11,14 /175 Si re o _ horized er or Agent 71u t C -r Do v-1 n Prm ccd Naine and Ti tic of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE :a to DAY OF 201 q . `• �-ti..cGl�c.1t �(�i lh lr�Si...C., f'z..Mi. NOVARY PUBLIC My Commission Expires: "EXHIBIT E" PERFORMANCE BOND 20BCSHX8599 CITE' OF MILTON, GEORGIA. ®W ALL MEN BY THESE PRESENTS THAT TriScapes, Inc. ("Principal"), and Hartford Fire Insurance Company ("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 twenty-five thousand two hundred and thirty-six dollars and twenty-five cents ($25,236.25), 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 Hamby Road Bridge Repair 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: I . 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] CONTRACTOR ("Principal"): Title 9:�signature) Date 4--li' .J. 0141,hGers (Print) Title: Kst i St.S Date: �h Jri J (signature) (print) Tres,, -, i e J (SEAL) .5/ 41 t I CONTRACTOR'S SURETY: Hartford r I By:/y//A,=signat Christy Lackey (print) Title: Attest: Date: ha h,-� )&A s ature) Kltrin Mayn d (print) Title: Account Manager Date: 3// 1 11 Attorney In Fact (SEAL) 3/1119 (ATTACH SURETY'S POWER OF ATTORNEY) KNOW ALL MEN BY THESE PRESENTS THAT TriScapes. Inc. ( "Principal"), and Hartford Fire Insurance tri ( "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 twenty- five thousand two hundred and thirty-six dollars and twenty-five cents ($25,236.25), 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 Hamby Road Bridge Repair 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 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. [SIGNATURES ON FOLLOWING PAGE] CONTRACTOR: TriScapes By: L-�signaftire) Vebe z-,,, kt a,r- to (printed) Title: Pre -5 c"- 1 cFo (SEAL) Date: 3 14 11� Attest: (signature) /� I fzi J ;'l khbOT (printed) 7 Title: Date: "'T"FOJVS SURETY: Hartfo d re In ran C ny By: (s tur Christy Lackey (printed) Title: Attornev In Fact (SEAL) Date: 3 y Attest: NICN A I ignature) Kari Maynard (printed) Title: Account Manager Date: 3 tl 111 (ATTACH SURETY'S POWER OF ATTORNEY) Direct Inquiries/Claims to: THE HARTFORD POWER OF ATTORNEY BONnectic One Hartford Plaza Hartford, Connecticut 06155 Bond.Claims(a)thehartford.com call: 888-266-3488 orfax: 860-757-5835 Agency Name: POINTENORTH INSURANCE GROUP LLC KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 20-262197 �X Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana 0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the latus of the State of Indiana O Hartford Insurance Company of the Southeast, a corporation duly organized under the taws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited : Robert J. Ryan of Atlanta GA, Marilyn Brown, Keith H. Dillon, Joy Dooley, Angie E. Ferguson, Christy Lackey, John Langsfeld, Fred R. Mitchell, Madalyn H. Seiffert, William H. Skeeles, Rita L. Smith, Carolyn F. Smith, Billie Jo Whitehead of ATLANTA, Georgia their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by N, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. rrt tanvn ,`try. v Ayi A; �`: '�,nr,ntvl` ° i♦°I► 6t^.y? 1�- i^,S 1870 4' 79'r9 John Gray, Assistant Secretary M. Ross Fisher, Senior Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD))) On this 11th day of January, 2016, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. �,.ar R Nora M. Stranko Notary Public CERTIFICATE My Commission Expires March 31, 2018 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Signed and sealed at the City of Hartford. y a.TVl� �ywary tr 4y}ltt r^,`J� � � � :�.c...�e.re� a Lv4t a rte^ $ a 1 1987 .� ! > re_ t:' • n ! f • ' <�rrnr,rv� ° �♦°IaYI► : 18 7 9 ♦ < ; �= 18 7 9 r Y .+� M �r L, . .. ��� {+ '`• � `>�...� 7979 • * �Ti,✓••� �<araR> ��p'>`?♦♦t • ''t'�,'rau•ori' 14na1�>,',� \''"L1(Yp�•' Kevin Heckman, Assistant Vice President POA 2016 TO: FROM: MILTON, k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 11, 2019 Steven Krokoff, City Manager ✓ AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Wolverton & Associates, Inc. for Conceptual Design of the Cogburn Road Sidewalk Project. MEETING DATE: Monday, March 18, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (q"APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,1YES () NO CITY ATTORNEY REVIEW REQUIRED: (,,(YES () NO APPROVAL BY CITY ATTORNEY: (1APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: �,ihL=)2,k 5 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Interim Public Works Director Date: Submitted on March 13, 2019 for the March 18, 2019 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Wolverton & Associates, Inc. for Cogburn Road Sidewalk Design _____________________________________________________________________________________ Project Description: The City of Milton identified a priority sidewalk connection project along Cogburn Road connecting Cambridge High School to neighborhoods to the north. The project includes approximately 1,200 feet along Cogburn Road, which begins at the existing sidewalk/trail just north of Bethany Bend on both sides of Cogburn Road and extends to Oakstone Glen and Devonshire Farms Way. The design services include a concept layout and development of construction plans with typical section, plan view, drainage, grading, cross sections, driveway profiles, and temporary easements needed to construct the sidewalk. Procurement Summary: Purchasing method used: Professional Services Account Number: 300-4101-541401300 Requisition Total: $29,310 Vendor: Wolverton & Associates, Inc. Financial Review: Bernadette Harvill, March 13, 2019 Legal Review: Jarrard & Davis, LLP – Sam VanVolkenburgh, 2/25/19 Attachment(s): Professional Services Agreement ROMEOPFHE119TMAUTY M INE W GFORMA' M I LTC) N `�t ISTAN (51190 2ft PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of 720, (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 City Council (hereinafter referred to as the "City"), and WOLVERTON & ASSOCIATES, INC., a Georgia Corporation (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Consultant to provide certain services in the completion of a Project (defined below); and WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work; and WHEREAS, Consultant 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, Consultant has familiarized itself with the nature and extent of the Agreement, 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. 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 do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A" — N/A Exhibit `B" —Consultant Proposal Exhibit "C" — Scope of Work Exhibit "D" — Contractor Affidavit Exhibit "E" —Subcontractor Affidavit B. Project Description. The "Project" at issue in this Agreement is generally described as: completion of the sidewalk design along Cogburn Road from Bethany Bend to Oakstone Gen/Devonshire Farms Way. C. 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. Unless otherwise stated in Exhibit "C", the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. D. Schedule, Conviction Daw, and Term of Agreement. Consultant understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The term of this Agreement ("Term") shall commence as of the Effective Date, and expire upon completion of and payment for all Work. The Work shall be completed within ten (10) weeks from the Notice to Proceed, which will be issued so that the Work is completed no later than September 30, 2019. Certain obligations will survive termination/expiration of this Agreement. IL WORK CHANGES A. Chane OrderDefied. A "Change Order" means a written modification of the Agreement, signed by representatives of City and Consultant with appropriate authorization. B. Right to Order Changes. 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 Consultant and 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 City in its sole discretion, City shall have the right to determine reasonable terms, and Consultant shall proceed with the changed work. C. Changg 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 City and Consultant. 2 D. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Mayor or 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 III(B) below. 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 Mayor and City Council. Amendments shall not result in a variance in price exceeding ten percent of the original contract amount. III. COMPENSATION AND METHOD OF PAYMENT A. Payment Terris. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City's receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents requested by City to process the invoice. Separate invoices may be submitted for each phase of the Project after the applicable phase has been completed and delivered, or a single invoice may be submitted upon completion of all the Work. 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 City before charges are incurred and shall be handled through Change Orders as described in Section II above. City shall pay Consultant within thirty (30) days after approval of the invoice by City staff. B. 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 $29,310.00 (the "Maximum Contract Price"), except as outlined in Section II(C) above, and Consultant represents that this amount is sufficient to perform all of the Work set forth in and contemplated by this Agreement. The compensation for Work performed shall be based upon a flat fee per phase, as set forth in "Exhibit B". C. Reimbursement for Costs. The Maximum Contract Price set forth in Section III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the Project, and reimbursement for costs incurred shall be limited as follows: x There shall be no separate reimbursement for costs. IV. COVENANTS OF CONSULTANT A. EWe_Edse of Consultant; Licenses&CerJi&atign_aUd Permits, Consultant accepts the relationship of trust and confidence established between it and City, recognizing that 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 Consultant under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant 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. Further, Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia's Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional work or costs incurred as a result of error and/or omission by Consultant as a result of not meeting the applicable standard of care or quality will be provided by Consultant at no additional cost to City. This provision shall survive termination of this Agreement. B. Budggtary Umitations. Consultant agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Consultant's profession and industry. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's profession and industry, Consultant will give written notice immediately to City. C. Cijv's Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant's Work performed under this Agreement. Consultant acknowledges and agrees that the acceptance of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant's performance. Consultant further agrees that no approval of designs, plans, specifications or other work product by any person, body or agency shall relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant's Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. D. Cons�Iltant'a-Relianee on SLibinissions by City; Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. E. Consultant's Representative. Steve Bitney shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. F. Assignment of Agreement. Consultant covenants and agrees not to assign or 4 transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of City. As to any approved subcontractors, Consultant shall be solely responsible for reimbursing them, and City shall have no obligation to them. G. Responsibility ofC:onsuftantand hidemnilicationofCity. Consultant covenants and agrees to take and assume responsibility for the Work rendered in connection with this Agreement. Consultant shall bear losses and damages directly resulting to it and/or City on account of the negligent performance of the Work rendered pursuant to this Agreement. Consultant shall indemnify and hold harmless City and City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against judgments, injuries, damages, losses, costs, expenses and liability, including but not limited to attorney's fees and costs of defense arising out of the legal liability of services provided ("Liabilities"), to the extent caused by a willful, negligent act or omission to the extent arising out of the Work, performance of contracted services, or operations by Consultant, any subcontract or anyone directly or indirectly employed by Consultant or subcontractor; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. This indemnity 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 Consultant, its subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts Consultant 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 Consultant or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify 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. H. Independent Contractor. Consultant 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 City. Nothing in this Agreement shall be construed to make Consultant or any of its employees, servants, or subcontractors, an employee, servant or agent of City for any purpose. Consultant 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 consultants, 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. Consultant 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 City by virtue of this Agreement with Consultant. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall 5 follow the directions of City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and City may hire additional entities to perform the Work related to this Agreement. Inasmuch as City and Consultant 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. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. Insurance. (1) Requirements: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by Consultant, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by 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: Consultant shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence and $2,000,000 (two million dollars) aggregate for comprehensive coverage including for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Commercial Automobile Liability (owned, non -owned, hired) coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability of at least $1,000,000 per claim and aggregate (one million dollars) limit for claims arising out of professional services and caused by Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and Employers' Liability limits of $1,000,000 (one million dollars) 0 per occurrence or disease. (If Consultant is a sole proprietor, who is otherwise not entitled to coverage under Georgia's Workers' Compensation Act, Consultant 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, Consultant shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Commercial Umbrella Liability Coverage: $ N/A ( )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 City in writing so that City may ensure the financial solvency of Consultant; 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 if applicable) Umbrella Liability Coverage. (i) Additional Insured Requirement. 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 Consultant; products and completed operations of Consultant; premises owned, leased, or used by Consultant; automobiles owned, leased, hired, or borrowed by Consultant. 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 Consultant to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. 7 Primary Insurance Requirement. Consultant's General Liability, Auto Liability and Umbrella Liability 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 Consultant'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. General and Auto Liability Coverage shall state that Consultant'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 for General and Auto Liability. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (vii) Incorporation of Indemnification Obligations. The Commercial General Liability policy shall include, through endorsement or policy provision, language incorporating the indemnification obligations assumed by Consultant under the terms of this Agreement, including but not limited to Section IV(G) of this Agreement. (b) Worker's' _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 Consultant for 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 (except due to non-payment of premium) has been given to City. 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 9 starting and ending dates. (5) Acceptability of Insurers: The insurance to be maintained by Consultant must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance policies shall be placed with insurer(s) with an A.M. Best Policyholder's rate of no less than "A- " and with a financial rating of Class VII or greater. The Consultant 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: Consultant shall furnish to 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, Consultant is specifically required to provide an endorsement naming 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 Consultant'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. City reserves the right to require complete, certified copies of all required insurance policies at any time. Consultant shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Subcontractors: Consultant 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: Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (9) Cit as Additional Insured and Loss Payee: City shall be named as an additional insured on all policies required by this Agreement, except City need not be named as an additional insured on any Professional Liability policy or Workers' Compensation policy. (10) Progress _ Payments: The making of progress payments to Consultant shall not be construed as relieving Consultant or its subcontractors or insurance carriers from providing the coverage required in this Agreement. 10 J. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits "D" and "E" (affidavits regarding compliance with the E- Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant's 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) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "D", and submitted such affidavit to City or provided 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, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Where Consultant 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 Consultant's and Consultant's subcontractors' verification process at any time to determine that the verification was correct and complete. Consultant and Consultant'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 Consultant 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 Consultant or Consultant's subcontractors employ unauthorized 11 aliens on City contracts. By entering into a contract with City, Consultant and Consultant's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Consultant or Consultant'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. Consultant's failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Consultant shall be liable for all damages and delays occasioned by City thereby. Consultant agrees that the employee -number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. X Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant 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, Consultant 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. K. RecQr_k Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement ("Records") shall be established and maintained by Consultant in accordance with applicable law and requirements prescribed by 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 Consultant 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 12 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, Consultant shall furnish to City any and all Records in the form requested by City. All Records provided electronically must be in a format compatible with City's computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, Consultant shall make available to City or City's representative(s) for examination all Records. Consultant will permit City or City's representative(s) to audit, examine, and make excerpts or transcripts from such Records. Consultant shall provide proper facilities for City or City's representative(s) to access and inspect the Records, or, at the request of City, shall make the Records available for inspection at City's office. Further, Consultant shall permit City or City's representative(s) to observe and inspect any or all of Consultant's facilities and activities during normal hours of business for the purpose of evaluating Consultant's compliance with the terms of this Agreement. In such instances, City or City's representative(s) shall not interfere with or disrupt such activities. L. Ethics Code; Conflict of Interest. Consultant 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. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Consultant become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest exists, City may require that Consultant take action to remedy the conflict of interest or terminate the Agreement without liability. City shall have the right to recover any fees paid for services rendered by Consultant when such services were performed while a conflict of interest existed if Consultant had knowledge of the conflict of interest and did not notify City within five (5) business days of becoming aware of the existence of the conflict of interest. Consultant and 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 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. Consultant and 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 Consultant or higher tier sub - 13 consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. M. Cot1i 1c3cntiallty. Consultant acknowledges that it may receive confidential Consultant information of City and the Conant agrees to keep confidential and not to disclose to any person or entity, other than the Consultant's employees, subconsultants and the general contractor and subcontractors, if appropriate, any data or information not previously known to and generated by the Consultant or furnished to the Consultant and marked CONFIDENTIAL by the Client. These provisions shall not apply to information in whatever form that is in the public domain, nor shall they restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is reasonably necessary for the Consultant to defend itself from any legal action or claim.. Consultant acknowledges that City's disclosure of documentation is governed by Georgia's Open Records Act, and Consultant further acknowledges that if Consultant submits records containing trade secret information, and if Consultant wishes to keep such records confidential, Consultant 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 of O.C.G.A. § 50-18-72(a)(34) related thereto. N. Key Personnel. Reserved. O. Meetings. Consultant is required to meet with 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 City. Meetings will occur as problems arise and will be coordinated by City. City shall inform Consultant's Representative of the need for a meeting and of the date, time and location of the meeting at least three (3) full business days prior to the date of the meeting. Face-to-face meetings are desired. However, at Consultant'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 this Agreement for cause. P. Authoritv to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant's board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. Q. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant ("Materials") shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any Materials remaining in the hands of Consultant or subcontractor upon completion or termination of the Work shall be delivered immediately to City whether or not the Project or Work is commenced or completed; provided, however, that Consultant may retain a copy of any deliverables for its records. The City shall not reuse (on a different project) or make any modification to the Materials without the prior written authorization of the Consultant. Consultant specifically agrees that the data collected under this Agreement may 14 be used as background information provided for all proposers to review as part of a potential competitive procurement for work on the Cogburn Road sidewalk design. Any subsequent reuse or modification of the Materials by the City or any party obtaining them through the City will be at City's sole risk. The City agrees to be liable for all damages that may accrue to Consultant, including incidental and consequential damages (such as reasonable attorneys' fees and defense costs), arising from breach of this paragraph by the City that results in the unauthorized reuse or modification of the construction documents by the City or any person or entity that acquires or obtains the construction documents from or through the City without the written authorization of the Consultant. Consultant assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed before final delivery to City, Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. R. 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, Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. V. COVENANTS OF CITY A. Right of Fntrv. City shall provide for right of entry for Consultant and all necessary equipment as required for Consultant to complete the Work; provided that Consultant shall not unreasonably encumber the Project site(s) with materials or equipment. B. Citv'sftepreseritative. Sara Leaders shall be authorized to act on City's behalf with respect to the Work as 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 II above. VI. TERMINATION A. For Convenience. City may terminate this Agreement for convenience at anytime upon providing written notice thereof at least seven (7) calendar days in advance of the termination date. B. For Cause. Consultant shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City's failure to pay Consultant within thirty (30) calendar days of Consultant providing City with notice of a delinquent payment and an opportunity to cure. In the event of Consultant's breach or default under this Agreement, City may terminate this Agreement for cause. City shall give Consultant at least seven (7) calendar days' written notice of its intent to terminate the Agreement for cause and the reasons therefor. If Consultant fails to cure the breach or default within that seven (7) day period, or otherwise remedy the breach or default to 15 the reasonable satisfaction of City, then City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge Consultant for the costs of curing the default against any sums due or which become due to Consultant under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to City for such default. C. Statutou Term!natiozi. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in I(D) 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 City. D. Payment Upon Terniii ate. Upon termination, City shall provide for payment to Consultant for services rendered and, where authorized, expenses incurred prior to the termination date; provided that, where this Agreement is terminated for cause, City may deduct from such payment any portion of the cost for City to complete (or hire someone to complete) the Work, as determined at the time of termination, not otherwise covered by the remaining unpaid Maximum Contract Price. E. Conversion to Termination for Convenience If City terminates this Agreement for cause and it is later determined that 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 VI(A) above. F. Requirements Upon Termini iotL Upon termination, Consultant shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by Consultant in performing this Agreement, whether completed or in process, in the form specified by City. G. Reservation of Rights and Remedies., The rights and remedies of City and Consultant provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity. VII. MISCELLANEOUS A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written Change Order (as provided in Section II above) or other document signed by representatives of both Parties with appropriate authorization. B. Successors and Assign& Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties. C. Governing Law. This Agreement shall be governed by and construed in 16 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 Consultant submits to the jurisdiction and venue of such court. D. Captions and Severability. 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. 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 in valid. E. Business License. Prior to commencement of the Work to be provided hereunder, Consultant shall apply to City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Consultant 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 City's Representative (named above) for City and Consultant's Representative (named above) for Consultant. (2) Qfficial 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 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 address 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 Manager 17 City of Milton, Georgia 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONSULTANT shall be sent to: Wolverton & Associates, Inc. 6745 Sugarloaf Parkway Suite 100 Duluth, GA 30097 G. Waiver of Agreement. No failure by City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and no custom or practice of City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect City's right to demand exact and strict compliance by Consultant 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 and insurance maintenance requirements. I. No Third Party Right§, 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. J. v rein_ Immunity: Ratitig,ation. Nothing contained in this Agreement shall be construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or official immunities. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. K. No Perswial 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 Consultant or any successor in interest in the event of any default or breach by City or for any amount which may become due to Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers, or directors to any personal contractual liability, except where Consultant is a sole proprietor. The Parties agree that, except where Consultant is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed and/or asserted only against Consultant or City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. Further, it is intended by the parties to this Agreement that the Consultant's services in connection with the Project shall not subject the Consultant's individual employees, officers or directors to any personal legal exposure for the risks associated 18 with this Project. Therefore, and notwithstanding anything to the contrary contained herein, the City agrees that as the City's sole and exclusive remedy, any contract -based claim, demand or suit shall be directed and/or asserted only against the Consultant, and not against any of the Consultant's individual employees, officers or directors. L. C'ounterg?rls. A.Ut-cement Constructioii ani lntcrpretatinri. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. 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 Agreement 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. 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. M. Force Majeure. Neither City nor Consultant shall be liable for its 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 its respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond its 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 CONSULTANT; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, not, 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. N. Material Condition. Each term of this Agreement is material, and Consultant'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 City at law or in equity. IN WITNESS WHEREOF City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] 19 Attest/Witness: Signatur- Print Name: J rey S. Adams, CPA Title: Chief Financial Officer CONSULTANT: Wol Signature: Associates, Inc. Print Name: JosepNR. Macrina, R.E. Title: Vice President (Corporation) [CORPOI 00 ""� t� . �J= SEAL Z � :,10 1989 .n * •r• • • (Assistant) Corporate Secretary (required if corporation) Ratified by City Council: By: Joe Lockwood, Mayor Attest: Signature: Print Name: _ Title: City Clerk Approved as to form: City Attorney CITY OF MILTON, GEORGIA By: Steven Krokoff, City Manager 20 [CITY SEAL] EXHIBIT "A" N/A EXHIBIT "B" January 21, 2019 Mrs. Sara Leaders, PE, LSIT Transportation Engineer Milton City Hall 2006 Heritage Walk Milton, GA 30004 RE: Engineering Services Proposal Letter Cogburn Road Sidewalk Dear Mrs. Leaders: Wolverton & Associates, Inc. (Wolverton) is pleased to submit this proposal to complete the sidewalk design along Cogburn Road from Bethany Bend to Oakstone Glen/Devonshire Farms Way. Wolverton reserves the right to review and subsequently revise this proposal in the event of any changes to the scope of services proposed below. The services are based on the following I. Proiect Descrintion: The Cogburn Road sidewalk project includes approximately 1,200 feet along Cogburn Road, which ties into the existing sidewalk/trail just north of Bethany Bend on both sides of Cogburn Road and terminates at the existing sidewalk just south of Oakstone Glen/Devonshire Farms Way. The typical section will be determined by the width of the existing right of way. The proposed shoulder will be within the existing right of way and only easements will be acquired under this project. The services of this proposal include conceptual layout and sidewalk design as further described below. H. Scone of Services: Concept Development — Wolverton will develop a conceptual layout and attend one property owner's meeting. a. Conceptual Layout of the proposed sidewalk consisting of: ■ Aerial imagery and property lines as provided by the City • Approximate Easement Impacts • Typical Section b. One (l) meeting with City and property owner to review project Plan Development a. Plans will include cover sheet, typical section, plan view, drainage profiles, cross-sections and driveway profiles. b. Plan view will include all horizontal information on one set of plans (survey, utilities, curb and gutter, sidewalk, storm drain, easement, signing and marking and erosion control). WOLVERTON 6745 Sugarloaf Pkwy, Suite 100 1 Duluth, Georgia 30097 1 770.447.8999 1 wolvertoninc.com c. Two (2) plan review meetings with the city III. Deliverables: The following items will be completed by Wolverton and delivered during the term of this project as specified by the Project Manager: A. Conceptual Layout B. Construction Plans C. Opinion of Probably Cost COST AMOUNT OF PROPOSAL PHASE DESCRIPTION COST ConceptDevelopment.......................................................................... $3,004.00 Plan Development............................................................................ 526,306.00 Total Cost.......................................................................................$29,310.00 Assumptions: 1. City will provide all required GIS and survey information, including existing surface, contours, property lines, edges of pavement, striping, utilities and storm drain information. Any required survey may be completed under a separate agreement. 2. Right of Way plans are not included. Areas will be provided to city's surveyor to develop meets and bounds, plats and legal descriptions. 3. City will coordinate with existing utility owners and/or one call for utility locates as required. Utility design is excluded. 4. The shoulder of Cogburn Road will be saw cut and removed at the existing edge line for curb and gutter installation. No roadway improvements (horizontal, vertical, cross -slope, etc.) will be required. 5. Drainage design will consist of curb inlets spaced adequately to control 10 -yr spread. The storm drain system will drain to one low point along Cogburn Road and tie to the existing cross -drain. No storm water maintenance of quality or quantity will be required. 6. Environmental Special Studies and Permitting are not required. Any required permitting may be completed under a separate agreement. 7. Project disturbed area will be under 1 acre. A NOI or separate set of erosion plans will not be required. S. Any required retaining walls will be GDOT standard walls and not require wall design or geotechnical investigations. 9. Additional Services not specified in this proposal are excluded (survey database, subsurface utility engineer, geotechnical, structural engineering, environmental/permitting, hydraulics, etc.) Any of the above items can be performed by Wolverton under a separate proposal. Wolverton will begin immediately upon receipt of a signed proposal. The work will be completed within ten (10) weeks of Notice to Proceed (NTP) and receipt of all required survey information. This proposal was prepared with the intent of addressing your specific needs and concerns thus far identified and under the terms and conditions attached. Wolverton sincerely appreciates this opportunity and looks forward to serving your needs! Sincerely, Wolverton & Associates, Inc. Brad Robinson, P.E. Market Sector Leader \\ Transportation EXHIBIT "C" See "Exhibit B" EXHIBIT "D" STATE OF Georgia COUNTY OF Gwinnett 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, Georgia 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: EEV# 110645 Federal Work Authorization User Identification Number 4/1/2008 Date of Authorization WoIt+ertort &_Associates, Inc. Name of Contractor Coeburn Road Sidewalk 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 arZl'-- 20 in Duluth (city), GA (state). of &. AzW Officer or Agent ,Joseph R. Macrina, Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME THIS THE DAY OF IAIJAA 20 ��pHHrnrrrr+�,qs NOTARY PUBLIC TA'QY''.�� [NOTARY SEAL] �A(16 oc' ti 0 rf�O f. �y �1i2x1�q•' O4' �� a y'•k,COUNTY , My Commiip ISO Expires: kNHrrr,rrr�t�►q EXHIBIT “E” STATE OF COUNTY OF SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Wolverton & Associates, Inc. (name of contractor) on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonl y known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 20 in Date of Authorization (city), (state). Name of Contractor Cogburn Road Sidewalk Name of Proj ect City of Milton, Georgia Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME Name of Public Employer ON THIS THE , 20 DAY OF . NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: "N/A" MILTON11k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 13, 2019 FROM: Steven Krokoff, City Manager' AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Prime Contractors, Inc. for the Construction of Storage Buildings for Public Works and the Fire Department MEETING DATE: Monday, March 18, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (1APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (-KYES () NO CITY ATTORNEY REVIEW REQUIRED: („ yYES () NO APPROVAL BY CITY ATTORNEY: (,)'APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: C) V/ 6 � zol � 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Interim Public Works Director Date: Submitted on March 13, 2019 for the March 18, 2019 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Prime Contractors, Inc. for the Construction of Storage Buildings for Public Works and the Fire Department _____________________________________________________________________________________ Project Description: As the city has grown, Milton Fire-Rescue’s services and compliance needs have also grown. The fire stations we are using were designed by and inherited from Fulton County, which maintained a supply and logistics warehouse and only kept immediate needs at the individual facilities. On-site storage was designed from this perspective. This has resulted in limited space to keep supplies and equipment, and no real “shop” to work on or maintain items we have acquired over the past 12 years. While the new station on Highway 9 is designed to provide bays for apparatus and storage for the equipment assigned to that individual station, it is not designed to serve as a maintenance and logistics location. This is due in part to the footprint of the parcel and the city’s overall public safety complex needs for not just fire, but police and court as well. Thus, the department still has a need for facilities that we did not originally inherit from Fulton County upon incorporation, and while we’ve managed for 12 years, we’ve reached a point where our long-term needs require us to add this type of facility. Similarly, over the last 12 years, Public Works has acquired equipment and materials needed to maintain our public infrastructure system. While the Public Works yard provides a centralized place for equipment, there is no area for large storage and to work out of the weather. For example, during the December 2017 snowstorm, one of the plows went down. If we had appropriate facilities with covered work space, it’s possible that we could have made repairs and gotten the plow back into operation. While there is a small shed and a pole barn style cover with a system for loading snow equipment, it does not provide enclosed workspace. Both Bell Memorial Park Maintenance Building and City Hall store signs and some equipment but these spaces were not intended for this use. In addition, the daily maintenance crews that are subcontracted, utilize the yard as the base for responding to work requests. There is no place for the crew to get out of the weather and have access to restrooms and a small break room area. The Fire Department storage building includes a bay that can keep both supplies and support trailers or other small vehicles. Station 43 (Birmingham area) provides the best location for this facility. It will sit in the trees approximately 280-feet from New Bullpen Road and wouldn’t require building outside of the fire station’s property lines. The proposed building will be largely shielded by trees and other features of the existing building. Public Works maintenance building will be located at the existing Public Works yard within the Hickory Flat Fire Station property. The building will include 2 roll up overhead doors and 2 exterior doors for access, restroom, and break area. The building will hold equipment and materials and provide ability for maintenance and upkeep of these assets. The building is proposed at the approximate location of some of the existing material storage bins and will require new power, well water, and septic service connections that are part of the construction contract. The area between the proposed building and the park access may be screened with additional plantings as needed. Procurement Summary: Purchasing method used: State Contract Account Number: 300-4101-541200001 $516,575.76 350-4101-541200001 $40,251.67 Requisition Total: $556,827.43 Vendor: Prime Contractors, Inc. Financial Review: Bernadette Harvill, March 13, 2019 Legal Review: Jarrard & Davis, LLP – Sam VanVolkenburgh, 3/8/19 Attachment(s): Construction Services Agreement 1 Construction Services Agreement | Version 1.0 CONSTRUCTION SERVICES AGREEMENT Public Works Maintenance and Fire Storage Buildings 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, Prime Contractors, Inc., a Georgia corporation with its principal place of business located at 3406 Florence Circle, Powder Springs, Georgia 30127 (hereinafter referred to as the “Contractor”), collectively referred to herein as the "Parties”. W I T N E S S E T H: 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 proposals for construction of the Project pursuant to the Request for Proposals 18-PW09, dated September 27, 2018, and otherwise complied with all adverting and competitive bidding requirements of Title 36, Chapter 91 of the Georgia Code; and WHEREAS, the City received no responses to the RFP and the City has therefore directly negotiated a contract for the Project consistent with the parameters set within the RFP; and WHEREAS, Section 2-626(b)(9) of the City of Milton Purchasing Policy allows procurement using contract terms negotiated by or through the State of Georgia Department of Administrative Services when such terms are deemed advantageous by the City; and WHEREAS, the State Purchasing Division of the Department of Administrative Services has created a strategic partnership with the National Joint Powers Alliance, has established a Statewide Contract for Indefinite Quantity Construction (EZIQC) Services, and has made th is Statewide Contract available to Georgia local governments; and WHEREAS, the City and Contractor have jointly participated in the EZIQC process of creating a Work Order containing price terms and a scope of work acceptable to the City, subject to the terms set forth below; and WHEREAS, the ezIQC process offers on-call facility repair and construction services under a statewide contract 99999-SPD-S20160216; and 2 Construction Services Agreement | Version 1.0 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, 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 Proposals, attached hereto as “Exhibit A”; B. Bid Documents from Contractor, dated March 13, 2019, attached hereto as “Exhibit B.1” (Public Works Maintenance Building) and “Exhibit B.2” (Fire Storage Building); C. Scope of Work, attached hereto as “Exhibit C”; D. Any required Performance Bond and/or Payment Bond, attached hereto collectively as “Exhibits D.1 and D.2”; 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”; I. Additional Payment/Retainage Requirements, attached hereto as “Exhibit I”; 3 Construction Services Agreement | Version 1.0 J. City of Milton Code of Ethics (codified in the official Code of the City of Milton); K. 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 by the Parties. Section 2. Project Description; Architect; Engineer; Contract Administrator A. Project. A general description of the Project is as follows: construction of a Milton Public Works Maintenance Building and a Milton Fire Storage Building, based on the drawings and Scopes of Work provided in Exhibit C, (the “Project”). B. Contract Administrator. The Contract Administrator for this Agreement shall be: Robert Buscemi, City Architect Section 3. 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. 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. Notice to Proceed. The City will issue a Notice to Proceed, which Notice to Proceed shall state the dates for beginning Work (“Commencement Date”) and the Expected Date of Final Completion (defined in Section 4(A) below). 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. 4 Construction Services Agreement | Version 1.0 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. (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 5 Construction Services Agreement | Version 1.0 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 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. Section 4. Contract Term; Liquidated Damages; Expedited Completion; Partial Occupancy or Use A. Contract Term. The term of this Agreement (“Term”) shall commence on the Effective Date and continue until the earlier of the Expected Date of Final Completion or 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 commence Work pursuant to this Agreement within five (5) business days of the Commencement Date provided by the City, and the Parties intend that all Work shall be completed on or before six (6) months from the Notice to Proceed (the “Expected Date of Final Completion”). Every effort will be made by Contractor to shorten this period. If the Term of this Agreement continues beyond the calendar year 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 6 Construction Services Agreement | Version 1.0 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 ____N/A_________________ 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 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 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 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 5. Contractor’s Compensation; Time and Method of Payment 7 Construction Services Agreement | Version 1.0 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 $425,142.29 for the Public Works Maintenance Building, and $131,685.14 for the Fire Storage Building for a total not to exceed combined price of $556,827.43 (the “Maximum Contract Price”), except as outlined in Section 6 below. The compensation for Work performed shall be based upon a flat fee, and 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. Section 6. Change Orders 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. 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 8 Construction Services Agreement | Version 1.0 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 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 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 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 9 Construction Services Agreement | Version 1.0 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 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 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 10 Construction Services Agreement | Version 1.0 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 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, 11 Construction Services Agreement | Version 1.0 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, omissions, 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 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 12 Construction Services Agreement | Version 1.0 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 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 (PCB), 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 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 (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 13 Construction Services Agreement | Version 1.0 principals of Contractor’s profession and industry, Contractor will give written notice immediately to the City. I. 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 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 14 Construction Services Agreement | Version 1.0 payment has been made. L. Clean Up. 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. _________________ [INSERT NAME OF CONTRACTOR’S REPRESENTATIVE] 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. 15 Construction Services Agreement | Version 1.0 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 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. To the extent of Liabilities caused by engineering work performed by Contractor, Contractor’s obligations under this paragraph are limited to indemnifying for Liabilities to the extent caused by Contractor or its agents. These obligations 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 16 Construction Services Agreement | Version 1.0 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 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 (required if any professional services will be provided). (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.) 17 Construction Services Agreement | Version 1.0 (e) Builder’s Risk Insurance: Contractor shall provide a Builder’s Risk Insurance Policy to be made payable to the City and Contractor, as their interests may appear. The policy amount shall be equal to 100% of the Maximum Contract Price, written on a Builder’s Risk “All Risk,” or its equivalent. The policy shall provide, or be endorsed to provide, as follows: “The following may occur without diminishing, changing, altering or otherwise affecting the coverage and protection afforded the insured under this policy: i) Equipment may be delivered to the insured premises and installed in place ready for use; and ii) Partial or complete occupancy by City; and iii) Performance of Work in connection with construction operations insured by the City, by its agents or lessees, or other contractors of the City or using agency.” The insurance coverage shall include extended coverage, and providing coverage for transit, with sub- limits sufficient to insure the full replacement value of the property or equipment removed from its site and while located away from its site until the date of final acceptance of the Work. (f) Commercial Umbrella Liability Coverage: $__N/A__________ (___________)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 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. 18 Construction Services Agreement | Version 1.0 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. (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. 19 Construction Services Agreement | Version 1.0 (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) Incorporation of Indemnification 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(O) 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 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. 20 Construction Services Agreement | Version 1.0 (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 on the forms attached hereto as “Exhibits D.1 and D.2” 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. S. Employment of Unauthorized Aliens Prohibited – E-Verify 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 21 Construction Services Agreement | Version 1.0 Control Act of 1986 (IRCA), 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 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.] [DESIGNATE/MARK APPROPRIATE CATEGORY] ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, 22 Construction Services Agreement | Version 1.0 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. (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 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 23 Construction Services Agreement | Version 1.0 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 of O.C.G.A. § 50-18-72(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 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. 24 Construction Services Agreement | Version 1.0 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 Project 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. 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. _Robert Buscemi 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. Section 9. Final Project Documents; Warranty 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 25 Construction Services Agreement | Version 1.0 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 _one (1)___ year(s) (the “Warranty Period”) from the date of Final Completion (as defined in “Exhibit I”, attached hereto and incorporated herein by reference) at no additional cost to the City. Further, Contractor shall provide all maintenance services, including parts and labor, for _N/A_____ year(s) (the “Maintenance 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 respective Warranty Period/Maintenance Period to identify any issues that must be resolved by the Contractor. After the expiration of the Maintenance 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 or Maintenance 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 or Maintenance 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 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. 26 Construction Services Agreement | Version 1.0 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. 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 27 Construction Services Agreement | Version 1.0 Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11. City’s Rights; Contractor Default 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 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. 28 Construction Services Agreement | Version 1.0 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 12. RESERVED 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 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, 29 Construction Services Agreement | Version 1.0 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 _Robert Buscemi for the City and ___________________ [INSERT CONTACT NAME] 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: Procurement Manager 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Prime Contractors, Inc. 3406 Florence Cir Powder Springs, GA 30127 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 30 Construction Services Agreement | Version 1.0 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, 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 31 Construction Services Agreement | Version 1.0 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] 32 Construction Services Agreement | Version 1.0 CONTRACTOR: Prime Contractors, Inc. By: ________________________________________ Print Name: _________________________________ Its: [CIRCLE ONE] President/Vice President (Corporation) [CORPORATE SEAL] (required if corporation) Attest/Witness: ____________________________________________ Print Name: ___________________________________ Its: ______________________________________ ((Assistant) Corporate Secretary if corporation) CITY OF MILTON, GEORGIA By: ___________________________________ Joe Lockwood, Mayor [CITY SEAL] Attest: ____________________________________ Print Name:__________________________ Its: City Clerk Approved as to form: ____________________________________ City Attorney “EXHIBIT A” CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: 18-PW09 RFP Title: Public Works Maintenance Building/Fire Storage Building – Design Build Project Due Date and Time: October 30, 2018 @ 2:00 PM Local Time Number of Pages: 123 ISSUING DEPARTMENT INFORMATION Issue Date: September 27, 2018 City of Milton Public Works Department 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Website: www.cityofmiltonga.us INSTRUCTIONS TO CONTRACTORS Return Proposal to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Mark Face of Envelope/Package: RFP Number: 18-PW09 Name of Company or Firm Special Instructions: Deadline for Written Questions October 16, 2018 Email questions to Honor Motes at honor.motes@cityofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS CONTRACTORS MUST COMPLETE THE FOLLOWING Contractor Name/Address: Authorized Contractor Signatory: (Please print name and sign in ink) Contractor Phone Number: Contractor FAX Number: Contractor Federal I.D. Number: Contractor E-mail Address: CONTRACTOR MUST RETURN THIS COVER SHEET WITH RFP RESPONSE Table of Contents Topic Page 2 | RFP 18-PW09 TABLE OF CONTENTS Contractor’s RFP Checklist Disclosure Form Proposal Letter Qualifications Signature and Certification Contractor Affidavit and Agreement (eVerify) Bid Bond Schedule of Events Section 1: Project Overview and Instructions Section 2: RFP Standard Information Section 3: Scope of Project Section 4: Contractor Proposals Section 5: Cost Proposal Section 6: Evaluation Criteria Section 7: Standard Contract Information Appendix A – Drawings Appendix B – Existing Conditions Survey Appendix C - Standard Contract 3 | RFP 18-PW09 CONTRACTOR’S RFP CHECKLIST The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton 1._______Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2._______Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have. 3._______Attend the pre-qualifications conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. 4._______Take advantage of the “question and answer” period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal “addenda” issued for the RFP. All addenda issued for an RFP are posted on the City’s website at http://www.cityofmiltonga.us will include all questions asked and answered concerning the RFP. 5._______Follow the format required in the RFP when preparing your response. Provide point-by-point responses to all sections in a clear and concise manner. 6._______ Provide complete answers/descriptions. Read and answer all questions and requirements. Don’t assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The submittals are evaluated based solely on the information and materials provided in your response. 7._______Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. 8. _______Check the website for RFP addenda. Before submitting your response, check the City’s website at http://www.cityofmiltonga.us to see whether any addenda were issued for the RFP. If so, you must submit a signed cover sheet for each addendum issued along with your RFP response. 9. _______Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 10. _______Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document, and be sure to submit all required items on time. Late submittal responses are never accepted. This checklist is provided for assistance only and should not be submitted with Contractor response. 4 | RFP 18-PW09 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL 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 RFP package when it is submitted. Name of Contractor __________________________________________________ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) ________________________________________________________________ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description ________________ ___________________________________________ ________________ ___________________________________________ ________________ ___________________________________________ Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: ________________ ___________________________________________ _________________ ___________________________________________ 5 | RFP 18-PW09 City of Milton RFP# 18-PW09 PROPOSAL LETTER MUST BE RETURNED WITH PROPOSAL We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (18-PW09) Public Works Maintenance Building/Fire Storage Building Design-Build Project. It is understood and agreed that we have read the City’s specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals , waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION 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 for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature______________________________Date_______________________ Print/Type Name_________________________________ Print/Type Company Name Here_______________________________________________ 6 | RFP 18-PW09 [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 a bide 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 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) 7 | RFP 18-PW09 CONTRACTOR AFFIDAVIT AND AGREEMENT MUST BE RETURNED WITH PROPOSAL 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 Public Works Maintenance Building/Fire Storage Building – Design Build 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: _________________________________ 8 | RFP 18-PW09 BID BOND 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 SURETY (Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: ___________________________ Signature and Title: Signature and Title: (Attach Power of Attorney) 9 | RFP 18-PW09 Attest: Attest:_________________________ 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. 10 | RFP 18-PW09 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. 11 | RFP 18-PW09 SCHEDULE OF EVENTS Task Date Issue RFP September 27, 2018 Deadline for Questions October 16, 2018 by 5:00 p.m. EST Answers Posted by the City (Addendum) On or about, October 22, 2018 Proposals Due By 2:00 p.m. EST on October 30, 2018 Award Contract November 19, 2018 (proposed) NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. 12 | RFP 18-PW09 SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton is requesting sealed proposals from qualified firms to provide professional and construction services for the Public Works Maintenance Building/Fire Storage Building Design-Build project. All Respondents must comply with all general and special requirements of the RFP information and instructions enclosed herein. Full design build services will include, but are not limited to, general construction, architectural, mechanical, electrical, plumbing engineering, code compliance review, and civil site design. A design build review meeting will be scheduled every two weeks beginning with the design process and continuing through the completion of construction documents. A. Project Budget. The total project budget (including all design, permitting, construction administration fees, design build contingencies, general requirements and construction) is estimated to be $600,000. The City expects that 100% of project cost savings, including contingencies, will be turned over to the City at the completion of the project. B. Project Schedule. Although a final schedule has not been established, the City has targeted the design phase to begin November 20, 2018 and for construction to begin February 25, 2019 with substantial completion of the project by August 30, 2019. The successful Design-Builder (DB) will be responsible for developing the design and construction schedule and coordinating activities to accomplish completion of the project within a specified period of time as approved by the City. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposals (RFP) is issued until a Contractor is selected, Contractors are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes. Any unauthorized contact can disqualify the Contractor from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes Address: 2006 Heritage Walk, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@cityofmiltonga.us 13 | RFP 18-PW09 1.2 REQUIRED REVIEW A. Review RFP. Contractors should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement office identified above via e -mail of any ambiguity, inconsistency, unduly restrictive specifications, or error whic h they discover upon examination of this RFP. B. Form of Questions. Contractors with questions or requiring clarification or interpretation of any section within this RFP must submit their questions in writing via email to the procurement office referenced above on or before 5 PM (EST) on October 16, 2018. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. C. City’s Answers. The City will provide an official written answer to all questions on or about October 22, 2018. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City. Any formal written addendum will be posted alongside the posting of the RFP at http://www.cityofmiltonga.us. Contractors must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, Contractor agrees to acceptance of the City’s standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the pr ocurement office referenced above by the date for receipt of written/e -mailed questions or with the contractor’s RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the contractor’s ability to respond to the RFP or perform the contract. The City reserves the right to address non -material, minor, insubstantial requests for exceptions with the highest scoring contractor during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all contractors submitting a response to this RFP. 14 | RFP 18-PW09 E. Mandatory Requirements. To be eligible for consideration, a contractor must meet the intent of all mandatory requirements. The City will determine whether a contractor’s RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. F. 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. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7.K). 1. Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. 2. Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. 15 | RFP 18-PW09 (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (d) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Contractor’s errors, omissions, or negligent acts. 3. Deductibles and Self-Insured Retentions: Any deductibles or self- insured retentions must be declared to and approved by the City in writing. 4. Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor’s insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from 16 | RFP 18-PW09 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 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. 17 | RFP 18-PW09 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. G. Bonding Requirements. Each proposal must be accompanied with a BID BOND (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City of Milton. Said bid bond guarantees the respondent 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. If a respondent withdraws its proposal from the competition after the selection of its proposal for a reason not authorized by Georgia law, the City may proceed on the Bid Bond, along with any other available remedies. The Successful respondent 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 contract price. Bonds shall be issued by a corporate surety appearing on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. 1.3 RESERVED 1.4 SUBMITTING PROPOSALS Contractors must organize their proposal into sections that follow the following format. This RFP is for one proposal that includes all potential phases of this project. A. Submittal Requirements. Proposals shall include the following: 18 | RFP 18-PW09 1. City of Milton request for proposal cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. City of Milton Proposal letter (information entered) 4. Contractor Affidavit and Agreement (eVerify) 5. Qualifications Signature and Certification 6. Bid Bond 7. Applicable Addenda (if any) 8. Technical Proposal: a. No more than sixteen (16) single sided pages (eight pages if double sided) 1. Cover page(s), table of contents, tabs, and required forms do not count toward the page limit b. Minimum of 11 point font c. Stapled or spiral-bound. No binders Each Technical Proposal Shall Contain: 1. Company and Design Team: a. Provide basic company information for each firm represented on the design team: Company name, address, name of primary contact, telephone number, fax number, E-mail address, and company website (if available) and the activities each firm will be responsible for performing. b. Identify the individual who, from project start to finish, will be the leader of your design-build team and the principal point of contact between your firm, the City, and other consultants. c. Identify the specific individuals to fill the following key roles on your team: i. Project Manager ii. Lead Design Professional iii. Superintendent iv. Cost Estimator v. Other (please describe, if applicable) d. Provide for each of the above personnel current resumes listing relevant project experience and percentage of the person’s time to be committed to this project. e. Has the firm been involved in any litigation in the past five (5) years? Describe your experience with litigation with City’s and any other construction project-related litigation. List any active or pending litigation and explain. f. Has the firm ever been removed from a contract or failed to complete a contract as assigned? g. The design team shall have all necessary, valid and current 19 | RFP 18-PW09 licenses (including a valid and current Georgia General Contractor’s License) to do business in the State of Georgia. Provide a valid copy of the team’s Georgia General Contractor’s license. 2. Work Plan: a. Provide an anticipated project schedule, any anticipated challenges, and any innovative approaches. b. Provide your detailed cost management plan for controlling costs on this project within the estimated project budget during design and construction. Describe your systems and procedures for controlling costs during design and construction. c. Provide your detailed change management plan for managing cost and schedule exposures within the stated limitations. d. Provide your procurement and workforce plan including details on your plan to assure local Design Build (DB) opportunity. Describe how your firm intends to arrange the construction into bid packages in order to reach the City’s schedule and budget objectives. e. Provide your detailed schedule management plan, for this project, during design and construction. Describe systems and procedures your firm uses to manage the project schedule. Describe alternatives that may be explored to shorten the schedule. f. Provide your detailed subcontractor management plan including, contract document compliance procedures, project accounting procedures, and issue resolution. g. Provide your quality assurance plan for this project. Describe your firm’s approach for validating compliance with the construction documents. Explain your process for ensuring the quality of the construction workmanship. 3. Related Projects and References: a. Provide information on the firm’s design-build service experience on projects of similar, size, function, and complexity. Describe no more than five (5) and no less than three (3) projects, in order of most relevant to least relevant, which demonstrate the firm's capabilities to perform the proposed project. For each project, the following information should be provided: i. Project name, location and dates during which services were performed. ii. Brief description of project and physical description (square footage, number of stories, site area or other 20 | RFP 18-PW09 relevant information). iii. Services performed by your firm. iv. Describe the project delivery method (i.e. Design-Build). v. Describe firm performance relative to schedule and budget. vi. List team members involved in the delivery of the projects. Highlight any projects on which the proposed design team has worked together. vii. City contact information. 4. Statement of Suitability: a. Provide any information that may serve to differentiate the firm from other firms in suitability for the project. Suitability may include, but is not limited to, the firm’s fit to the project and/or needs of the City, any special or unique qualifications for the project, current and projected workloads, the proximity of office to project location, and any techniques or methodologies offered by the firm that may be particularly suitable for this project type. b. Provide non-discrimination policies and describe the firm’s record and methodologies of addressing public safety, social, environmental, or other related concerns. c. Provide information on any special services offered by the firm that may be available for this project. 5. Pricing: Separately Sealed Envelope (see Section 5) Contractors must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0. B. Failure to Comply with Instructions. Contractors failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any qualifications that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Proposals. One original and six (6) copies of each submittal (plus a CD or flash drive) should be provided to the City. Proposals must be received at the Finance department receptionist’s desk in City Hall prior to 2:00 PM, local time, October 30, 2018. Emailed responses to requests for 21 | RFP 18-PW09 proposals are not acceptable. Proposals will be opened at approximately 2:05 p.m. and names of Contractors will be announced. *Important to remember when submitting digital files: 1. Mark all CD’s or Flash Drives with Offeror’s name and RFP 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 Offeror’s proposal may be considered incomplete. 4. NOTE: All digital copies must include exactly the same information as provided in the hard copy “Original”. D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the Contractor’s sole risk to assure delivery to the receptionist's desk at the designated office by the designated time. Late proposals will not be opened and may be returned to the Contractor at the expense of the Contractor or destroyed if requested. 1.5 CONTRACTOR'S CERTIFICATION A. Understanding of Specifications and Requirements. By submitting a response to this RFP, Contractor agrees to an understanding of and compliance with the specifications and requirements described in this RFP. B. Offer in Effect for 120 Days. A proposal may not be modified, withdrawn or canceled by the respondent for a 120-day period following the deadline for proposal submission as defined in the Schedule of Events, or receipt of best and final offer, if required, and respondent so agrees in submitting the proposal. 22 | RFP 18-PW09 1.6 COST OF PREPARING PROPOSALS A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the Contractor. The City is not liable for any expense incurred by the Contractor in the preparation and presentation of their proposals. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and Contractor resulting from this RFP process. 23 | RFP 18-PW09 SECTION 2: RFP STANDARD INFORMATION 2.0 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 2.1 CONTRACTOR COMPETITION The City encourages free and open competition among Contractors. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City’s need to procure technically sound, cost -effective services and supplies. 2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for rece ipt of qualifications has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the Contractor; and (4) other constitutional protections. B. Procurement Officer Review of Proposals. Upon opening the submittals received in response to this RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the submittal. 2. An affidavit from a Contractor’s legal counsel attesting to and explaining the validity of the trade secret claim is attached to each submittal containing trade secrets. Please contact Honor Motes for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Contractors must be prepared to pay all 24 | RFP 18-PW09 legal costs and fees associated with defending a claim for confidentiality in the event of a “right to know” (open records) request from another party. 2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Responsive or Nonresponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is fou nd to be excessive or inadequate as measured by criteria stated in the RFP; or the qualification is not within the specifications described and required in the RFP. If a qualification is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if a Contractor has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring Contractor or, if necessary, to seek discussion/negotiation in order to determine the highest scoring Contractor. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Proposals. Selection and award will be based on the Contractor’s proposals and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by Contractors outside the formal response or subsequent discussion/negotiation, if requested, will not be considered, will have no bearing on any award, and may result in the Contractor being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. 25 | RFP 18-PW09 After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more Contractors should clarification or negotiation be necessary. Contractors may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, Contractors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the Contractor’s expense. F. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. G. Request for Documents Notice. Upon concurrence with the evaluation committee’s recommendation for contract award, the procurement officer may issue a “Request for Documents Notice” to the highest scoring Contractor to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the “Request for Documents Notice” does not constitute a contract and no work may begin until a contract signed by all parties is in place. H. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible Contractor whose submittal achieves the highest score and is, therefore, the most advantageous to the City. If contrac t negotiation is unsuccessful or the highest scoring Contractor fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest sc oring Contractor. I. Contract Award. Contract award, if any, will be made to the highest scoring Contractor who provides all required documents and successfully completes contract negotiation. 26 | RFP 18-PW09 2.4 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: 1. Modify, cancel or terminate this RFP, 2. Reject any or all proposals received in response to this RFP, 3. Select a Contractor without holding interviews, 4. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any submittal, 5. To request further documentation or information, and to discuss a RFP submittal for any purpose in order to answer questions or to provide clarification, 6. Award a portion of this RFP or not award any portion of this RFP if it is in the best interest of the City not to proceed with contract execution; or 7. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 27 | RFP 18-PW09 SECTION 3: SCOPE OF PROJECT Figure 1 – Project Location Map 3.0 GENERAL REQUIREMENTS A. The Contractor/Design-Builder (DB) shall provide all design, permitting and construction services to erect the Public Works Maintenance Building/Fire Storage Building in accordance with the scope of work provided herein. The services shall include all Design, Permitting, Pre- construction, Construction, and Warranty Phase services. The DB will provide comprehensive administration and management of all aspects of the construction of the project and will work in concert with the City towards the successful completion of the project on schedule, at or below budgeted costs, meeting or exceeding standards stipulated by the design criteria, and in adherence with standards required by local 28 | RFP 18-PW09 authorities and other agencies having jurisdiction. It is expected that the DB will undertake such measures as preconstruction and design development, engineering and geotechnical design, preconstruction, permitting, demolition, abatement, and construction of the system. B. The Respondent shall assemble and manage an appropriate team of qualified professionals capable of implementing all requirements of the Project, as outlined in the RFP. If a Proposal is submitted by a team of individuals or firms, the Proposal shall clearly define the Lead Firm making the Proposal. Design services shall be provided by a design professional registered to perform engineering or architectural services in the State of Georgia who retains all responsibilities for design and construction administration services of the Project. C. The City may consider minor, reasonable revisions to the requirements stated herein as part of the design builder’s proposal provided there is evidence of improved operation, use, or benefit to the City. Any and all such deviations must be specifically and individually identified and justified in the design builder’s proposal. Deviations not identified in the proposal will not be considered. D. The DB services shall include a preconstruction/design phase, and a construction phase. During the preconstruction/design phase, the DB will provide detailed cost estimates and cost evaluation, value engineering recommendations, design analysis, constructability reviews and technical input on methods of construction, materials, details, and bidding formats and types of separate bidding packages. The DB shall provide assistance in studying various system design options. Any information required to evaluate these systems (i.e., testing, environmental site assessments, etc.) will be the responsibility of the DB. E. When design documents for the project have been developed in sufficient detail, the Design-Builder (DB), under the general supervision of the City, will commit to a final lump sum price that shall not exceed the amount provided in the cost proposal provided with this submittal unless the specifications for construction are modified by the City. All construction shall be backed by a surety bond. The DB shall competitively select all construction subcontracts and other work appropriate for competitive selection but is free to use qualification factors other than price of work to select construction subcontractors that will deliver the best value to the City. Project shall be constructed within this lump sum price. F. During the construction phase, which includes any previously awarded 29 | RFP 18-PW09 early bid packages, DB will be responsible for means & methods of construction, safety programs, quality control, general conditions, prequalification of potential subcontractors and bidding of all work, certification of all work in place required for monthly payment requests, coordination, scheduling of all work associated with all construction contracts and other miscellaneous contracts required for the completion of the project within the predetermined budget and schedule. DB will assist City in management and administration of the project except that the City shall retain complete contractual control of all prime DB contracts, project funds, and disbursements. The DB shall retain all normal responsibilities for professional design, cost control, schedule and quality assurance including normal construction administration responsibilities. G. The contract documents include the Contract Agreement, respondent’s proposal (including all documentation accompanying the proposal and any documentation required by the City prior to the Notice of Award), bonds, all special conditions, general conditions, supplementary conditions, specifications, drawings and addenda, together with written amendments, change orders, field orders and the City’s (or City’s designated representative) written interpretations and clarifications issued in accordance with contract documents on or after the date of the contract agreement. H. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. I. Title to any supplies, materials, equipment or other personal property shall remain the Contractors’ until fully paid for by the City. J. All items to be bid F.O.B, Milton, Georgia, and must include all costs chargeable to the DB executing the Agreement, including taxes. Unless otherwise provided in the contract, the City shall have no liability for any costs not included in the bid price. The DB shall provide the City any benefit received for a price reduction by reason of any tax exemption based on the City’s tax-exempt status. K. All bid items must be new. Used, rebuilt or refurbished items will not be considered unless specifically authorized by the contract documents. L. 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 30 | RFP 18-PW09 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 manufacturers’ 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. M. The City reserves the right to request representative samples. If requested, samples must be delivered within three (3) business days, unless otherwise approved by the City. Samples are submitted at the risk of the bidder and may be subject to destructive tests by the City. Samples must be plainly tagged with the bid number. N. All bid items must be complete and ready to operate. No obvious omissions of components or necessary parts shall be made even though the contract documents may not detail them or mention them. Where these construction documents may be silent on any point it will be regarded as meaning that only the best industry accepted practices are to prevail. Only materials of the correct size, type and design shall be used. O. The selected DB must assume full responsibility for all item(s) damaged prior to F.O.B. destination delivery and agree to hold the City harmless of all responsibility for prosecuting damage claims. P. The selected DB must assume full responsibility for providing or ensuring warranty service on any and all items including goods, materials or equipment provided to the City with warranty coverage. If the selected DB is not the manufacturer, all manufacturers’ warranties must be passed through to the City. The contractor, not the City, is responsible for contacting the provider of the warranty service during the warranty period and supervising the completion of the warranty service to the satisfaction of the City. Q. The selected DB is solely responsible for the fitting, assembly and installation of any time by the manufacturers authorized or approved servicer or experienced worker utilizing workmanship of the highest caliber. The DB must verify all dimensions at the site and shall be responsible for their correctness and shall be responsible for the availability of replacement parts when specified in these contract documents. 31 | RFP 18-PW09 R. The selected DB is responsible for the proper disposal of all wrappings, crating, and other disposable material upon the delivery of items(s). S. 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. T. Failure to execute the Contract Performance or Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten (10) 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 ranked respondent, may be re-advertised, or may be constructed by City forces. U. Within ten (10) business days of the Notice to Proceed the selected DB shall provide to the City a detailed project schedule. The schedule shall outline all project tasks, start and end dates and the critical path items necessary for project completion within the allowable time frame. 3.1 PROCESS The DB shall incorporate the following documents provided by the City into the Design Development phase: Schematic Design Documents Survey Drawing prepared by Brumbelow-Reese and Associates Inc. Dated May 19, 2015 1 Site plan 2 Fire Building Floor Plan 3 Fire Building Elevations 4 Maintenance Building Floor Plan 5 Maintenance Building Elevations 6 Details 32 | RFP 18-PW09 The following is a listing of services to be provided by the DB: A. Design and Pre-Construction Services 1. Validate City’s construction budget in regard to the approved project scope. 2. Develop and maintain a master project schedule, a major task based bar schedule (Gantt chart). 3. Utilize the initial concepts and scope documents developed by the City to lead the design-build team through the design process. 4. Provide analysis of alternate construction methods and materials for potential quality, cost and schedule enhancements. 5. Provide design development drawings to be approved by the city prior to proceeding to the development of construction documents. 6. Develop the design through complete construction documents. 7. Develop a provisional construction CPM schedule indicating methods and sequencing of construction. 8. Provide detailed construction cost estimates to achieve City’s budget. 9. Develop construction budget to be maintained throughout construction. 10. Develop and assist in the evaluation of Value-Engineering options. B. Bidding and Construction Phase 1. Pre-qualification of potential subcontractors and vendors. 2. Generate and issue comprehensive bid packages to potential subcontractors and vendors. 3. Develop requirements to assure time, cost, and quality control during construction. 4. Provide a provisional construction schedule (CPM) for issuance with bid packages. 5. Identify and evaluate potential bidders for all scopes of work. 6. Schedule and conduct pre-bid conferences in coordination with the City. 7. Advertise and distribute bidding documents. 8. Monitor bidder/proposer activity to insure adequate DB and vendor participation. 9. Review and analyze bids for presentation to the project team. 10. Verify adherence of bids with design requirements and the 33 | RFP 18-PW09 construction budget. 11. Subcontract with successful proposers/ bidders for construction. 12. Verify that all scope of work required for the completion of the project is included in a subcontract, purchase order, or is self-performed. 13. During construction activities, maintain on-site staff for construction management and supervision. 14. Establish and maintain coordinating procedures. 15. Develop and maintain a detailed schedule (CPM) including delivery, approvals, inspection, testing, construction, and occupancy. 16. Conduct and record regular job-site meetings. Issue meeting minutes to all parties. 17. Coordinate and maintain on-site contract documents in accordance with the General Requirements. 18. Prepare and submit change order documentation for approval of the City in accordance with the contract. 19. Maintain a system for review and approval of shop drawings. 20. Maintain on-site records and submit formal monthly reports to Design Professional and City. 21. Maintain quality control and ensure conformity to plans. Maintain one copy on site of all QC reports for City to review at their convenience. 22. Provide cost control through progress payment review and verifications according to the approved schedule and contract amounts. 23. Develop as-built and record drawings throughout the construction process. 24. Coordinate post-completion activities, including the assembly of guarantees, Operation & Maintenance manuals, warranties, keys, closeout documents, and final acceptance. DB shall arrange for any training sessions including coordination with City’s staff. 25. Develop requirements for safety, quality assurance, and schedule adherence. 26. Acquire and track all necessary subcontractors, material suppliers, and vendor’s lien release documentation. Required lien documentation should be received by DB prior to issuance of monthly payments. C. Warranty Phase 34 | RFP 18-PW09 1. Coordinate and monitor the resolution of remaining “punch-list” items. 2. Coordinate, monitor, and resolve all warranty complaints in a timely manner and to the satisfaction of the City during the general warranty period. 3.2 PERMITS AND LICENSES A. All design and construction work shall be in compliance with all applicable federal, state, and local codes and ordinances. It will be up to the Proposing Team to ensure that all inspection and certification requirements, including construction materials testing, are reviewed and approved by the appropriate officials. B. Before commencing any work the Contractor, at its own expense (no fees will be charged for permits issued by the City), will ensure that all licenses, permits or other governmental authorizations needed to perform the Project (“Licenses”), are issued and shall furnish copies of such permits to the City within ten (10) days of issuance. DB further agrees to maintain such Licenses and comply with the terms of all such Licenses throughout the term of this Agreement. All Work performed by DB under this Agreement shall be in accordance with appl icable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. C. The design team shall include one review by the City’s Design Review Board and shall prepare all documentation and submittals necessary for the review. All comments received from the board shall be incorporated into the final documents at the direction of the city. D. Secure all required permits from Fulton County including, but not limited to Septic system. DB to include the cost of permit fees for county issued permits. 3.3 BUILDING AND SITE REQUIREMENTS The requirements provided herein are minimum requirements. The DB is responsible for ensuring that all code requirements are met and that industry standard materials and equipment are provided as may be approved by the City. 35 | RFP 18-PW09 The project will comprise of two buildings on property owned by the City of Milton, Georgia (750 Hickory Flat Road) Building 1, Fire Storage Building, will be 30 feet wide x 40 feet deep =1,200 sf total. This building will be located adjacent to the existing fire station #43. Building 2, Public Works Maintenance Building, will be 70 feet wide and 50 feet deep = 3,500 sf total. A. Site Requirements 1. Excavation a. Fire Storage Building – excavate approximately 5 feet of earth for the building pad and drainage around the building. Finished slab elevation should align with the adjoining parking lot drive isle. – refer to geotech report prepared by Universal Engineering. b. Public Works Maintenance Building – excavate approximately 4 feet of earth to accommodate building pad and foundation – refer to geotech report prepared by Universal Engineering. Note: all excavated soil shall be spread on site 2. Sidewalks a. Per plan 3. Storm Drainage a. Each downspout should be fitted with a splash pan. Refer to elevation drawings for locations. 4. Landscape a. Tree Protection shall be included for all existing trees to remain. b. Trees and stumps to be removed as required c. GAB commercial grade 6” thick for new driveway area - per plan 5. Site Accessories N/A 6. Bay Door Driveway Aprons a. Public Works Maintenance Building - Concrete pads shall be 20 feet x 44 feet wide. Concrete shall be minimum 4000 PSI at 28 day, and shall have a light broom finish. Unsuitable soil below slab aprons shall be removed and filled with clean compacted soil. Slab control joints shall be no greater than 8 feet in both directions, 36 | RFP 18-PW09 all control joints and edges shall be hand tooled. Expansion joints shall be installed between apron slab and building slab. Location per plan 7. Grading - Per plan 8. Septic system a. Public Works Maintenance Building - Provide a 1,500 gallon septic tank with chamber style leaching system. Septic system shall be filed and approved by Fulton County Health Department. Approx. location – per plan 9. Domestic Water a. Public Works Maintenance Building - Water service will be from an existing on–site well pump located approximately 470 feet away from the building. A minimum 15 gallon water storage tank with all appropriate controls and water filter devices shall be included. b. Public Works Maintenance Building – frost free water bibs - per plan 10. Exterior Lighting a. Exterior light fixtures shall be located per plan. (McPhiben patron LED placb-bac or equal). Catalog submittal required - Fixtures shall be set on a photo cell sensor. 11. Erosion Control a. Include all erosion control measures per code. Erosion control drawings shall be submitted to the City for approval as part of the permitting process. B. Building Requirements 1. Exterior Finishes a. Roofing shall be metal ribbed (galv. finish) with a 4:12 pitch per plan with 6” soffit, by metal building manufacturer. b. Gutters shall be box style 5”x41/2” with metal box downspouts – color to match building walls. Location per plan c. Exterior walls shall have metal rib siding (galv. finish), painted, by metal building manufacturer. Color to be selected by City 37 | RFP 18-PW09 Architect. d. Soffits and Rakes – by metal building manufacturer. 2. Interior Finishes a. Fire Storage Building i. All walls ¾” CDX plywood (on steel girts) 8 feet high set 12” above finished slab height b. Public Works Maintenance Building i. Bay perimeter walls ¾” CDX plywood (on steel girts) 8 feet high set 12” above finished slab height ii. Storage rooms shall have a 1/2 Gypsum board finish on walls, tape and spackled (level 3) paint finish. The ceiling shall be suspended ceiling tile 2x4 grid Catalog cut required. The floor finish shall be a sealed concrete. (BASF “Kure-n-Seal” or equal), wall paint finish color shall be selected by Ci ty Architect. iii. Janitor Room Finish shall be 1/2 MR Gypsum board finish on walls and ceiling, tape and spackled (level 3) paint finish. Paint finish color per City Architect. Floor finish shall be sealed concrete. (BASF “Kure n Seal” or equal). iv. Break Room shall be ½” Gypsum board finish on walls ,tape and spackled (level 3) paint finish. Paint finish color per City Architect. The ceiling shall be suspended ceiling tile 2x4 grid Catalog cut required. Floor finish shall be sealed concrete. (BASF “Kure n Seal” or equal). Cabinets shall be upper and lower with laminate doors and tops with 4” pulls. v. Bathroom shall have a 1/2 MR Gypsum board finish on walls and ceiling, tape and spackled (level 3) paint finish. All walls and ceiling shall have an epoxy paint finish. Paint finish color per City Architect. Bathroom floor finish shall be smooth concrete with an epoxy finish. vi. ADA Bathroom accessories: Catalog submittal required aa. Hand dryer (semi recessed) (“Xlerator”) bb. Soap dispenser cc. Toilet paper dispenser dd. Mirror 18x36” ee. ADA grab bars per code 3. Signage a. Provide signage at Janitor Closet, Breakroom and Bathroom doors per code. 38 | RFP 18-PW09 4. Doors a. All passage doors shall be 3’0” wide x 7’0” tall , hollow metal flush style with metal frames. Paint finish color per City Architect. Door swings per plan. All doors shall have Kick plate 8” high, Butt hinges (McKinney full mortise heavy weight wide throw 4 1/2x5x626), ADA style lever hardware with thumb interior function. Exterior doors shall have weather stripping (NGP 5050), threshold (NGP 425HD), and overhead closers (LCN 4041-alum w/ hold open). Include a mop plate on bathroom side of janitor closet door. All hardware shall be stainless steel or brushed nickel and keyed alike. c. Overhead bay doors shall be roll -up metal doors (galv. finish) manually operated , size per plan 5. Building Insulation a. Provide loose batt insulation for all exterior walls, minimum R -19 walls minimum R-30 ceilings or greater if required by code. 6. Structural a. Shop drawings shall be signed and sealed by a Georgia licensed Architect or Engineer. b. Building slabs shall be 7” thick 4000 psi at 28 day with 6x6, 8/8 wire welded mesh. Pitch to floor drains. Slabs shall have a light broom finish. Slab should be sealed (BASF “Kure-n-Seal” 25lv sealer or equal). Slab expansion joints shall be saw cut. Pattern shall follow column grid lines. Per geo-tech report unsuitable soil below building pads shall be removed and filled with clean compacted soil. Slab base shall be 4 inches of GAB. There shall be a 12 inch high monolithic concrete wall curb – see wall section detail. 7. Plumbing - Catalog submittal required a. Water Heater: (1) Water heater to be 30 gallon (Rheem model ELD 30 or equal) b. Water Closets: Water closet tank style floor mount, American Standard elongated bowl, vitreous china. Open front seat shall be ADA mounted height. c. Lavatory: Lavatory (American Standard 0355.012 Lucerene), vitreous china lavatory with front overflow and faucet ledge, (Zurn Z6195 – XL “Aquasense” battery operated faucet w/ P6900 –MV mixing valve and grid strainer drain. McGuire 165 3/8”angle supply 39 | RFP 18-PW09 with stops, McGuire 80881 ¼”cast brass “P” trap with support. Insulate “P” trap with Handi Lav Guard by Truebro). Mounting height per ADA standards with JR Smith Carrier support. (Or equal on all above) e. Water Fountain: Water fountain level barrier free to be stainless steel freeze resistant (Acorn Aqua modelA152400B-FRA4, with Mcquire 8088 1 ¼” “P” trap and Mcquire angle stop and shut off valve or equal) f. Mop Sink: Mop Sink, Flat (TSBCR1100 28”x28”x 12”Terazzo w/ 830- AAfaucet) . Provide with wall guard, hose and bracket and mop hanger. g. Break room sink shall be stainless steel 8” deep with single han dle mixer h. Piping: i. All domestic piping to be “L’ type copper ii. All sanitary piping to be PVC schedule 40 iii. All piping shall be designed and insulated to prevent winter freezing 8. Electrical - Catalog submittal required a. Secure all required utility permits: DB to include the cost of any utility connection fees, transformers, meters etc. b. Outlets: All electrical outlets shall be on GFI circuits. Exterior outlets shall have weather tight covers. One outlet shall be a dedicated 220vac c. Electrical Panel: Electrical panel (Square D or equal) and shall be sized to accommodate all electrical demand. A minimum of 4 extra circuit breakers shall be provided per panel. d. Occupancy Sensors: Bathrooms to have ceiling mounted occupancy sensors to control the general lighting. e. Light Switches: All interior room general lighting shall have individual room switches located adjacent to doors. All exterior lighting shall be on photo cells. f. Smoke Detectors: Provide hard wired smoke detectors all interior rooms - per code. g. Emergency Lighting: Provide emergency lighting and exit lights LED type - per code. h. General Interior Room Lighting: All ceiling mounted light fixtures to be surface mounted at hard ceilings and drop in at suspended 40 | RFP 18-PW09 ceilings. General shop lighting to be 2x4 LED lights with covers, hung on chains at 14’ AFF, location and quantity – per plan. 9. Mechanical a. Public Works Maintenance Building i. Bathroom Exhaust: Provide a ceiling mounted exhaust fan hard ducted to exterior wall , sized per code. Interlock fan operation with wall light switch ii. Bathroom Heaters: Provide flush ceiling mounted electric heater on independent thermostat at bathroom and janitor. iii. Bay heaters: Shall be LP gas radiant type - set 14‘ AFF iv. Mechanical ventilation: Shall include a building exhaust fan mounted minimum 14 feet above finished floor. Intake and exhaust louvers shall be interlocked with operation. Greenheck S1-14-432-A4 2000cfm ex tsp 25” direct drive HP ¼ wall prop. or equal v. Emergency Backup Generator: Shall include a base tank, auto transfer switch and shall be sized to accommodate full building load. b. Fire Storage Building i. Bay heaters: Shall be natural gas (from existing fire station) radiant type - set 12 ‘ AFF ii. Mechanical ventilation: Shall include a building exhaust fan mounted minimum 14 feet above finished floor. Intake and exhaust louvers shall be interlocked with operation. Greenheck S1-12-432-A4 1000cfm ex tsp 25” direct drive HP ¼ wall prop. or equal ~ Catalog submittal required 10. Existing stone storage yard bins a. Relocate the existing storage bins per plan. 41 | RFP 18-PW09 SECTION 4: CONTRACTOR PROPOSALS 4.0 CITY’S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the Contractor to provide the supplies and/or perform the services specified. 4.1 CONTRACTOR INFORMATIONAL REQUIREMENTS Firms interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. 42 | RFP 18-PW09 SECTION 5: COST PROPOSAL The Design-Builder (DB) is under contract to supply both design services and construction services, to complete the project and place the City in occupancy of the project in a “turnkey” fashion. Once a Lump Sum Price is agreed upon between the City and the DB, the DB is “at risk” for project price, project schedule, and completion of all construction as set forth in the Contract Documents. The DB holds all trade contracts and trade supplier contracts. The City may, at its discretion, el ect to contract with the respondent for these services in phases. The fees for this project shall be provided in the following format. No other fees, exclusions or exceptions will be considered. One (1) original and two (2) copies shall be submitted in a separate sealed envelope and shall not include any project proposal information before the required deadline. The respondents cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5. Important – Proposers must attach detailed itemization of Proposed Project Costs and Fees, and any exceptions to the items requested above to the Design-Builder Fee Proposal Form, in same sealed, opaque envelope. Proposers shall use itemization format (of their choosing), which fully delineates specific costs, expenses and fees for Preconstruction and Construction phases, and is descriptive of all cost detail including, but not limited to, cost of work, in- construction services, overhead, work by others, and insurance and taxes. 43 | RFP 18-PW09 Fee and General Conditions Proposal MUST BE RETURNED WITH BID – SEPARATE SEALED ENVELOPE A. Design and Permitting Services Fee The City shall pay to the Contractor a fixed, lump sum fee for all costs associated with the preconstruc tion phase of this project. The respondent shall include with the requirements described in Section 3.1 (A), a fixed cost for the Design Services and a fixed cost for the Pre - Construction Services. The Cost Proposals shall be lump sums covering all of the Contractor’s expected costs to complete the work including the Contractor's personnel fees and "reimbursable expenses" and the fees and expenses of all sub-contractors. The Cost Proposals shall be based on the scope of work described herein and in the sample contract, and shall not be qualified or subject to exceptions. Description Unit Total Design Services Fee Lump Sum B. Preconstruction Services Fee For the preconstruction services provided by the Contractor, as set for in the General Requirements, the City shall pay to the Contractor a fixed, lump sum fee for all costs associated with the preconstruction phase of this project. Description Unit Total Preconstruction Fee Lump Sum C. General Conditions The City shall pay to the Contractor a fixed, lump sum fee for General Conditions associated with this project. 44 | RFP 18-PW09 The Respondent shall provide an itemized breakdown of all services and fees included in the General Conditions. The General Conditions fee shall include all direct, indirect and incidental fees and expenses, project supervision (Executive Manager, Project Manager, Assistant Project Manager, Project Engineer, Project Superintendent, etc.); site office and associated costs (trailer rental, telephone, temporary sanitary facilities, ice, water, computers, power, etc.); supplies, delivery services (FedEx, UPS, etc.); cell phones, radios and other items necessary for the completion of this project. Description Unit Total General Conditions Lump Sum D. Construction Services Fee The City shall pay to the Contractor a fixed, lump sum fee for construction services. The Respondent shall provide an itemized breakdown of all services and fees included in the General Conditions. Description Unit Total Construction Services Fee Lump Sum E. Construction Fee The City shall pay to the Contractor a fee not to exceed the following amount for the construction of the facilities. It shall be understood by both parties that this figure is based on the schematic design provided herein and that prior to construction the City and the Contractor shall agree on a final lump sum fee based on the final design drawings. Any amount less than the Not to Exceed figure provided below shall be returned to the City to be used at the City’s discretion. Description Unit Total Cost of Construction Not to Exceed 45 | RFP 18-PW09 MUST BE RETURNED WITH BID – SEPARATE SEALED ENVELOPE The undersigned bidder, having familiarized themselves with the work required by the RFP, the proposal documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by bidder for the total contract price of: Total Project Price is the sum of A-E above: Description Fee A. Design Services Fee B. Preconstruction Services Fee C. General Conditions D. Construction Services Fee E. Cost of Construction Total Fee (Sum of A-E) Total Price in Words: ___________________________________________________________ Print/Type Company Name: ___________________________________________________ Authorized Signature______________________________Date_______________________ Print/Type Name_______________________________________________________________ Print/Type Title_________________________________________________________________ 46 | RFP 18-PW09 SECTION 6: EVALUATION CRITERIA 6.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the proposals according to the following criteria: A selection team for the City will initially evaluate and score all submittals received. Proposals not meeting the minimum requirements and those who are non-responsive will not be considered. Cost Proposals will be reviewed after the technical review process. ~ Accepted only from shortlisted firms. Proposal Evaluation Criteria Qualifications of the design team 25 pts. Organization strength and stability Education and experience of the assigned staff Key personnel’s level of involvement Proximity and availability of key personnel Work Plan 20 pts. Project approach Public involvement Project innovations Schedule Related Projects and References 20 pts. Experience and technical competence on similar projects Previous experience with City of Milton projects Previous experience as a design team Quality of the final work product Ability to meet schedules Overall Fit of the Firm and I ts Key Team Members to the Project 15 pts. Ability of the firm to instill Committee confidence in the firm’s understanding of the project requirements Firm’s communication and problem solving methods and abilities. Price (Section 5) 10 pts. 47 | RFP 18-PW09 SECTION 7: STANDARD CONTRACT INFORMATION 7.0 STANDARD CONTRACT The City’s standard contract is attached to this document as Appendix B. Contractor should notify the City of any terms within the standard contract that preclude them from responding to the RFP. This notification must be made by the deadline for receipt of written/e-mailed questions or with the Contractor’s RFP response. Any requests for material, substantive, important exceptions to the standard contract will be addressed in any formal written addendum issued by the procurement officer in charge of the solicitation. The City reserves the right to address any non-material, minor, insubstantial exceptions to the standard contract with the highest scoring Contractor at the time of contract negotiation. 7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the Contractor’s RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City’s standard contract, attached as Appendix B, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring Contractor. The contract language contained in Appendix B does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. 7.2 SUBCONTRACTOR(S) The highest scoring Contractor will be the prime Contractor if a contract is awarded and shall be responsible, in total, for all work of any sub-Contractors. All sub- Contractors, if any, must be listed in the proposals. The City reserves the right to approve all sub-Contractors. The Contractor shall be responsible to the City for the acts and omissions of all sub-Contractors or agents and of persons directly or indirectly employed by such sub-Contractors, and for the acts and omissions of persons employed directly by the Contractor. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any subcontractor and the City. 7.3 GENERAL INSURANCE REQUIREMENTS See sample contract. 7.4 COMPLIANCE WITH WORKERS’ COMPENSATION ACT The Contractor is required to supply the City of Milton with proof of compliance with the Workers’ Compensation Act while performing work for the City. Neither the 48 | RFP 18-PW09 Contractor nor its employees are employees of the City. The proof of insurance/exemption must be received by the City of Milton within 10 working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO VENDORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 7.5 COMPLIANCE WITH LAWS The Contractor must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or sub-consulting by the Contractor subjects sub-Contractors to the same provision. The Contractor agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 7.6 CONTRACT TERMINATION See sample contract. 49 | RFP 18-PW09 Appendix A Construction Drawings http://miltonintersectionprojects.com/wp-content/uploads/2018/09/Site.pdf http://miltonintersectionprojects.com/wp-content/uploads/2018/09/Details.pdf http://miltonintersectionprojects.com/wp-content/uploads/2018/09/ElevFire.pdf http://miltonintersectionprojects.com/wp-content/uploads/2018/09/ElevPW.pdf http://miltonintersectionprojects.com/wp-content/uploads/2018/09/PlanFire.pdf http://miltonintersectionprojects.com/wp-content/uploads/2018/09/PlanPW.pdf 50 | RFP 18-PW09 Appendix B Existing Conditions Survey http://miltonintersectionprojects.com/wp- content/uploads/2018/09/ExistingConditionsSurvey.pdf Sample Contract Intentionally Omitted “EXHIBIT B-1” Work Order Signature Document Sourcewell EZIQC Contract No.: GA02-1-072115-PCI City of Milton - Public Works Bldg Construction New Work Order 063152.00 Modify an Existing Work Order Work Order Title: Work Order Number:Work Order Date: X 03/13/2019 Contractor Name: Contact: Phone: Contact: Phone: Gary Frantz 813-205-9762 Owner Name: Robert Buscemi 678-242-2607 Prime Contractors, Inc.City of Milton Work to be Performed Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of Sourcewell EZIQC Contract No GA02-1-072115-PCI. Brief Work Order Description: Time of Performance See Schedule Section of the Detailed Scope of Work Will not apply:Will apply:Liquidated Damages X Work Order Firm Fixed Price: $425,142.29 Owner Purchase Order Number: Approvals Date DateContractorOwner 2.00 Page 1 of 1 3/13/2019 Work Order Signature Document City of Milton 3.00 Detailed Scope of Work To:From:Robert Buscemi City of Milton 2006 Heritage Walk Milton, GA 30004 Gary Frantz Prime Contractors, Inc. 3406 Florence Circle Powder Springs, GA 30127 813-205-9762 678-242-2607 Work Order Number: March 13, 2019Date Printed: 063152.00 City of Milton - Public Works Bldg ConstructionWork Order Title: Brief Scope: Revised FinalPreliminaryX The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work. Please see attached Detailed Scope of Work (DSOW) Contractor Date DateOwner Page 1 of 1 3/13/2019 Scope of Work City of Milton 4.00 Contractor's Price Proposal - Summary Owner PO #: City of Milton - Public Works Bldg Construction 063152.00 GA02-1-072115-PCIIQC Master Contract #: Work Order Number: Work Order Title: March 13, 2019Date: Prime Contractors, Inc.Contractor: Proposal Name: $425,142.29 City of Milton - Public Works Bldg Construction Proposal Value: $54,001.5901 - General Requirements $847.7602 - Site Work $52,877.8203 - Concrete $4,208.2506 - Wood, Plastic, and Composites $1,399.8007 - Thermal & Moisture Protection $20,049.4108 - Openings $17,535.4309 - Finishes $635.7710 - Specialties $596.6812 - Furnishings $121,454.0313 - Special Construction $17,648.4022 - Plumbing $15,687.1923 - Heating, Ventilating, And Air-Conditioning (HVAC) $60,086.8226 - Electrical $37,772.5531 - Earthwork $1,316.8532 - Exterior Improvements $19,023.9433 - Utilities This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding. The Percentage of NPP on this Proposal:% $425,142.29Proposal Total Page 1 of 1 3/13/2019 Contractor's Price Proposal - Summary City of Milton 5.00 Contractor's Price Proposal - Detail City of Milton - Public Works Bldg Construction 063152.00 GA02-1-072115-PCIIQC Master Contract #: Work Order Number: Owner PO #: Work Order Title: March 13, 2019Date: Contractor: Prime Contractors, Inc. Proposal Name: $425,142.29 City of Milton - Public Works Bldg Construction Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 01 - General Requirements 01 22 16 00 0002 Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs. The base cost of the Reimbursable Fee is $1.00. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee (e.g. quantity of 125 = $125.00 Reimbursable Fee). If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warrantee, expedited shipping costs, etc.). A copy of each receipt shall be submitted with the Price Proposal. 1 $8,020.10EA Installation =x x 8,020.10 FactorUnit PriceQuantity Total 1.00 1.1000 7,291.00 01 22 20 00 0053 Principal Engineer2 $2,038.32HR Installation =x x 2,038.32 FactorUnit PriceQuantity Total 200.00 1.1324 9.00 01 22 23 00 0055 20' Electric, Scissor Platform Lift3 $645.47DAY Installation =x x 645.47 FactorUnit PriceQuantity Total 190.00 1.1324 3.00 Install Radiant heaters 01 22 23 00 0198 8 To 10 Ton, 2 Drum Articulated Roller With Full-Time Operator4 $4,724.71WK Installation =x x 4,724.71 FactorUnit PriceQuantity Total 4,172.30 1.1324 1.00 01 22 23 00 0276 3,000 LB Capacity, 78" Wide, Tracked Skid-Steer Loader With Full-Time Operator 5 $4,002.60WK Installation =x x 4,002.60 FactorUnit PriceQuantity Total 3,534.62 1.1324 1.00 01 22 23 00 0344 1-1/8 To 1-1/4 CY Hydraulic Excavator With Full-Time Operator6 $6,011.12WK Installation =x x 6,011.12 FactorUnit PriceQuantity Total 5,308.30 1.1324 1.00 01 22 23 00 0408 11,000 LB Mini-Excavator With Full-Time Operator7 $3,730.43WK Installation =x x 3,730.43 FactorUnit PriceQuantity Total 3,294.27 1.1324 1.00 Footers dug 01 22 23 00 0408 11,000 LB Mini-Excavator With Full-Time Operator8 $3,730.43WK Installation =x x 3,730.43 FactorUnit PriceQuantity Total 3,294.27 1.1324 1.00 01 22 23 00 0408 11,000 LB Mini-Excavator With Full-Time Operator9 $3,730.43WK Installation =x x 3,730.43 FactorUnit PriceQuantity Total 3,294.27 1.1324 1.00 Underground Plumbing Page 1 of 30 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063152.00 City of Milton - Public Works Bldg Construction Proposal Name: $425,142.29 City of Milton - Public Works Bldg Construction Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 01 - General Requirements 01 22 23 00 0428 3 CY, 135 HP, Heavy Duty Construction Loader With Full-Time Operator10 $4,789.77WK Installation =x x 4,789.77 FactorUnit PriceQuantity Total 4,229.75 1.1324 1.00 01 22 23 00 1365 13 CY Rear Dump Truck With Full-Time Truck Driver11 $3,852.80DAY Installation =x x 3,852.80 FactorUnit PriceQuantity Total 1,134.11 1.1324 3.00 01 71 13 00 0003 Equipment Delivery, Pickup, Mobilization And Demobilization Using A Tractor Trailer With Up To 53' BedIncludes delivery of equipment, off loading on site, rigging, dismantling, loading and transporting away. For equipment such as bulldozers, motor scrapers, hydraulic excavators, gradalls, road graders, loader-backhoes, heavy duty construction loaders, tractors, pavers, rollers, bridge finishers, straight mast construction forklifts, telescoping boom rough terrain construction forklifts, telescoping and articulating boom manlifts with >40' boom lengths, etc. 12 $1,019.16EA Installation =x x 1,019.16 FactorUnit PriceQuantity Total 300.00 1.1324 3.00 01 71 23 16 0003 Ground Penetrating Radar (GPR) SurveyMinimum quantity is 1/2 acre per project. 13 $4,471.55ACR Installation =x x 4,471.55 FactorUnit PriceQuantity Total 5,484.36 1.1324 0.72 Locates 01 74 19 00 0016 40 CY Dumpster (5 Ton) "Construction Debris"Includes delivery of dumpster, rental cost, pick-up cost, hauling, and disposal fee. Non-hazardous material. 14 $2,378.04EA Installation =x x 2,378.04 FactorUnit PriceQuantity Total 525.00 1.1324 4.00 01 74 19 00 0037 Hauling On Unimproved Roads, First 15 Miles15 $856.66CYM Installation =x x 856.66 FactorUnit PriceQuantity Total 0.85 1.1324 890.00 $54,001.59Subtotal for 01 - General Requirements 02 - Site Work 02 41 19 13 0033 Drill 8" Diameter Core In Up To 4" Concrete16 $847.76EA Installation =x x 847.76 FactorUnit PriceQuantity Total 93.58 1.1324 8.00 $847.76Subtotal for 02 - Site Work 03 - Concrete 03 05 00 00 0006 1% Non-Chloride Accelerating, Type C Concrete Admixture17 $1,067.35CY Installation =x x 1,067.35 FactorUnit PriceQuantity Total 6.88 1.1324 137.00 Interior/Exterior Page 2 of 30 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063152.00 City of Milton - Public Works Bldg Construction Proposal Name: $425,142.29 City of Milton - Public Works Bldg Construction Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 03 - Concrete 03 11 13 00 0003 Continuous Footings Foundation Wood Formwork18 $1,873.44SF Installation =x x 1,873.44 FactorUnit PriceQuantity Total 3.76 1.1324 440.00 03 11 13 00 0003 0001 For <1,000, Add19 $323.87MOD Installation =x x 323.87 FactorUnit PriceQuantity Total 0.65 1.1324 440.00 03 11 13 00 0010 >6" To 12" High Slab Edge and Block-Out Wood Formwork20 $2,948.59LF Installation =x x 2,948.59 FactorUnit PriceQuantity Total 4.12 1.1324 632.00 Interior/Exterior 03 11 13 00 0024 Vertical Sides of Elevated Beam Wood Formwork21 $2,079.09SF Installation =x x 2,079.09 FactorUnit PriceQuantity Total 5.40 1.1324 340.00 Frame up 12" Slab curb 03 11 13 00 0024 0008 For <1,000, Add22 $373.47MOD Installation =x x 373.47 FactorUnit PriceQuantity Total 0.97 1.1324 340.00 03 15 16 00 0003 1" x 2" Plain Asphalt Expansion Joint, Poured23 $318.50LF Installation =x x 318.50 FactorUnit PriceQuantity Total 3.43 1.1324 82.00 03 15 16 00 0063 24 Gauge Galvanized Steel Keyed Joint, 3-1/2" Cold Expansion Or Control Joint 24 $1,005.57LF Installation =x x 1,005.57 FactorUnit PriceQuantity Total 2.96 1.1324 300.00 03 21 13 00 0067 #4, Grade 60, Footings, Galvanized Steel Reinforcement Bar25 $600.63LF Installation =x x 600.62 FactorUnit PriceQuantity Total 0.78 1.1324 680.00 03 21 13 00 0095 #4, Grade 60, Slab On Grade, Galvanized Steel Reinforcement Bar26 $1,429.99LF Installation =x x 1,429.99 FactorUnit PriceQuantity Total 0.77 1.1324 1,640.00 03 22 13 00 0005 6" x 6" x #4, 58 LB/CSF, Galvanized Welded Wire Fabric Reinforcing Placed In Floors Or Slabs (W4.0 x W4.0) 27 $3,798.07SF Installation =x x 3,798.07 FactorUnit PriceQuantity Total 0.86 1.1324 3,900.00 Interior/Exterior 03 31 13 00 0019 Concrete Pump, Place 3,000 PSI Concrete Continuous FootingsExcludes pumping equipment. 28 $6,092.73CY Installation =x x 6,092.73 FactorUnit PriceQuantity Total 185.53 1.1324 29.00 Interior Page 3 of 30 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063152.00 City of Milton - Public Works Bldg Construction Proposal Name: $425,142.29 City of Milton - Public Works Bldg Construction Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 03 - Concrete 03 31 13 00 0019 0030 For 4,000 PSI Concrete, Add29 $637.72MOD Installation =x x 637.72 FactorUnit PriceQuantity Total 14.44 1.1324 39.00 03 31 13 00 0019 0040 For >20 To 50, Add30 $116.59MOD Installation =x x 116.59 FactorUnit PriceQuantity Total 2.64 1.1324 39.00 03 31 13 00 0038 >6", By Concrete Pump, Place 3,000 PSI Concrete Slab On GradeExcludes pumping equipment. 31 $22,510.84CY Installation =x x 22,510.84 FactorUnit PriceQuantity Total 177.49 1.1324 112.00 Interior/Exterior 03 31 13 00 0038 0030 For 4,000 PSI Concrete, Add32 $1,831.41MOD Installation =x x 1,831.41 FactorUnit PriceQuantity Total 14.44 1.1324 112.00 03 31 13 00 0038 0041 For >100 To 200, Deduct33 -$450.24MOD Installation =x x -450.24 FactorUnit PriceQuantity Total -3.55 1.1324 112.00 03 31 13 00 0097 70' To 80' Boom Truck For Concrete Placement (117 CY Per Hour Rating)34 $1,375.82HR Installation =x x 1,375.82 FactorUnit PriceQuantity Total 151.87 1.1324 8.00 Interior/Exterior 03 35 16 00 0004 Broom, Concrete Floor Finish35 $1,029.35SF Installation =x x 1,029.35 FactorUnit PriceQuantity Total 0.60 1.1324 1,515.00 Exterior Slabs 03 35 16 00 0006 Steel Trowel, Concrete Floor Finish36 $3,170.72SF Installation =x x 3,170.72 FactorUnit PriceQuantity Total 0.80 1.1324 3,500.00 Interior Slab 03 39 33 00 0004 Clear Acrylic Sealer, Hardener And Dustproofer37 $673.78SF Installation =x x 673.78 FactorUnit PriceQuantity Total 0.17 1.1324 3,500.00 Interior Slab 03 48 16 00 0002 Precast Concrete Splash Blocks, Standard Size38 $70.53EA Installation =x x 70.53 FactorUnit PriceQuantity Total 15.57 1.1324 4.00 $52,877.82Subtotal for 03 - Concrete 06 - Wood, Plastic, and Composites Page 4 of 30 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063152.00 City of Milton - Public Works Bldg Construction Proposal Name: $425,142.29 City of Milton - Public Works Bldg Construction Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 06 - Wood, Plastic, and Composites 06 11 16 00 0135 2" x 6" Wood Blocking To Wood39 $64.82LF Installation =x x 64.82 FactorUnit PriceQuantity Total 3.18 1.1324 18.00 Blocking for cabinets 06 11 16 00 0145 2" x 8" Wood Blocking To Steel40 $58.02LF Installation =x x 58.02 FactorUnit PriceQuantity Total 4.27 1.1324 12.00 Blocking at Restroom 06 16 33 00 0006 3/4" Thick CDX Plywood Roof DeckingApplied to wood rafters.41 $1,678.22SF Installation =x x 1,678.22 FactorUnit PriceQuantity Total 1.56 1.1324 950.00 4 LF high plywood 06 16 33 00 0006 0007 For Application To Metal Studs, Joists, Or Rafters, Add42 $150.61MOD Installation =x x 150.61 FactorUnit PriceQuantity Total 0.14 1.1324 950.00 06 41 13 00 0008 >21" To 24" Width, 34-1/2" High x 24" Deep Base CabinetPrefinished with solid hardwood face frames, hardwood door frames and drawer fronts. Hardwood veneer on raised door panels. Excludes top. 43 $763.22EA Installation =x x 763.21 FactorUnit PriceQuantity Total 336.99 1.1324 2.00 06 41 13 00 0026 >42"-48" Wide, 34-1/2" High x 24" Deep 2-Drawer/2-Door CabinetPrefinished with solid hardwood face frames, hardwood door frames and drawer fronts. Hardwood veneer on raised door panels. Excludes top. 44 $580.51EA Installation =x x 580.51 FactorUnit PriceQuantity Total 512.64 1.1324 1.00 06 41 13 00 0061 >18" To 24" Wide, 30" High x 13" Deep Single Door Wall CabinetPrefinished with solid hardwood face frames, hardwood door frames. Hardwood veneer on raised door panels. 45 $504.82EA Installation =x x 504.82 FactorUnit PriceQuantity Total 222.90 1.1324 2.00 06 41 13 00 0067 >42" To 48" Wide, 30" High x 13" Deep Double Door Wall CabinetPrefinished with solid hardwood face frames, hardwood door frames. Hardwood veneer on raised door panels. 46 $408.03EA Installation =x x 408.03 FactorUnit PriceQuantity Total 360.32 1.1324 1.00 $4,208.25Subtotal for 06 - Wood, Plastic, and Composites 07 - Thermal & Moisture Protection 07 13 53 00 0020 6 Mil Polyethylene Vapor Barrier47 $657.92CSF Installation =x x 657.92 FactorUnit PriceQuantity Total 16.60 1.1324 35.00 Interior Slab Page 5 of 30 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063152.00 City of Milton - Public Works Bldg Construction Proposal Name: $425,142.29 City of Milton - Public Works Bldg Construction Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 07 - Thermal & Moisture Protection 07 92 13 00 0009 1/2" x 1/2" Joint, Silicone Sealant And Caulking48 $741.88CLF Installation =x x 741.88 FactorUnit PriceQuantity Total 327.57 1.1324 2.00 $1,399.80Subtotal for 07 - Thermal & Moisture Protection 08 - Openings 08 12 13 13 0008 3' x 6'-8" Through 7'-2" High, 4-3/4" Deep, 16 Gauge, Knock Down Hollow Metal Door Frame 49 $738.82EA Installation =x x 738.82 FactorUnit PriceQuantity Total 217.48 1.1324 3.00 08 12 13 13 0008 0075 For Galvanized Frames, Add50 $86.52MOD Installation =x x 86.52 FactorUnit PriceQuantity Total 15.28 1.1324 5.00 08 12 13 13 0107 3' x 6'-8" Through 7'-2" High, 6-7/8" Through 8-3/4" Deep, 16 Gauge, Knock Down Hollow Metal Door Frame 51 $749.49EA Installation =x x 749.49 FactorUnit PriceQuantity Total 330.93 1.1324 2.00 08 12 13 13 0107 0075 For Galvanized Frames, Add52 $65.43MOD Installation =x x 65.43 FactorUnit PriceQuantity Total 28.89 1.1324 2.00 08 13 13 13 0018 3' x 7' x 1-3/4", 20 Gauge, Unrated, Hollow Metal Door53 $801.97EA Installation =x x 801.97 FactorUnit PriceQuantity Total 354.10 1.1324 2.00 08 13 13 13 0018 0103 For Galvanized Steel, Add54 $101.92MOD Installation =x x 101.92 FactorUnit PriceQuantity Total 45.00 1.1324 2.00 08 13 13 13 0018 0113 For Insulated Door (Polystyrene Core), Add55 $67.94MOD Installation =x x 67.94 FactorUnit PriceQuantity Total 30.00 1.1324 2.00 08 14 16 00 0457 3'-0" x 7' x 1-3/4" Thick, 5 Ply, Particleboard Core (PC), Birch Faced Wood Door 56 $655.42EA Installation =x x 655.42 FactorUnit PriceQuantity Total 192.93 1.1324 3.00 08 33 23 00 0033 14' x 12', 24 Gauge Galvanized Steel Overhead Coiling Door, Chain Lift57 $8,247.36EA Installation =x x 8,247.36 FactorUnit PriceQuantity Total 3,641.54 1.1324 2.00 08 33 23 00 0033 0510 For Insulated, Add58 $5,324.11MOD Installation =x x 5,324.11 FactorUnit PriceQuantity Total 2,350.81 1.1324 2.00 Page 6 of 30 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063152.00 City of Milton - Public Works Bldg Construction Proposal Name: $425,142.29 City of Milton - Public Works Bldg Construction Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 08 - Openings 08 71 23 00 0006 4-1/2" x 4-1/2" Standard Duty, Full Mortise, Plain Bearing, Brass/Bronze, Satin Chrome Finish Hinge 59 $614.84PR Installation =x x 614.84 FactorUnit PriceQuantity Total 51.71 1.1324 10.50 08 71 23 00 2240 Surface Mounted Standard Duty Door Closer (LCN 1460 Series)60 $548.31EA Installation =x x 548.31 FactorUnit PriceQuantity Total 242.10 1.1324 2.00 08 71 23 00 2262 Entrance/Office F04 Mortise LocksetLocked with key outside and thumb knob inside. 61 $1,338.60EA Installation =x x 1,338.60 FactorUnit PriceQuantity Total 394.03 1.1324 3.00 08 71 23 00 2275 Passage/Closet F75 Bored LatchsetBoth sides always unlocked.62 $177.72EA Installation =x x 177.72 FactorUnit PriceQuantity Total 156.94 1.1324 1.00 08 71 23 00 2276 Bath/Bedroom Privacy F76 Bored LocksetLocked with push button inside.63 $207.93EA Installation =x x 207.93 FactorUnit PriceQuantity Total 183.62 1.1324 1.00 08 71 33 00 0168 5/8" Cushion "V", Spring Bronze Perimeter Gasketing Weather-Strip (Pemko B73) 64 $180.96LF Installation =x x 180.96 FactorUnit PriceQuantity Total 4.70 1.1324 34.00 08 71 43 00 0010 5" Width, 1/4" Height, Aluminum Saddle Threshold (Pemko 271A)65 $142.07LF Installation =x x 142.07 FactorUnit PriceQuantity Total 20.91 1.1324 6.00 $20,049.41Subtotal for 08 - Openings 09 - Finishes 09 22 13 00 0007 1-1/2", 25 Gauge, 16" On Center, Installed On Columns And Beams, Hat Furring Channel 66 $2,586.63SF Installation =x x 2,586.63 FactorUnit PriceQuantity Total 2.82 1.1324 810.00 09 22 16 13 0015 3-5/8" Width, 16" On Center, 18 Gauge, Non Load Bearing, Non Structural Metal Stud Framing With Tracks And Runners 67 $1,940.21SF Installation =x x 1,940.21 FactorUnit PriceQuantity Total 2.64 1.1324 649.00 09 22 16 13 0015 0001 For Powder-Actuated Fasteners Every 2', Add68 $22.05MOD Installation =x x 22.05 FactorUnit PriceQuantity Total 0.03 1.1324 649.00 09 22 16 13 0027 4" Wide, 25 Gauge Galvanized Steel Backing Plate69 $38.05LF Installation =x x 38.05 FactorUnit PriceQuantity Total 0.84 1.1324 40.00 Page 7 of 30 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063152.00 City of Milton - Public Works Bldg Construction Proposal Name: $425,142.29 City of Milton - Public Works Bldg Construction Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 09 - Finishes 09 29 00 00 0006 5/8" Gypsum Board70 $2,046.37SF Installation =x x 2,046.37 FactorUnit PriceQuantity Total 0.97 1.1324 1,863.00 09 29 00 00 0006 0055 For >1,536, Deduct71 -$189.87MOD Installation =x x -189.87 FactorUnit PriceQuantity Total -0.09 1.1324 1,863.00 09 29 00 00 0025 5/8" Moisture Resistant Gypsum Board72 $802.49SF Installation =x x 802.49 FactorUnit PriceQuantity Total 1.27 1.1324 558.00 09 29 00 00 0056 Up To 10' High, Walls, Tape, Spackle And Finish Gypsum Board73 $780.57SF Installation =x x 780.57 FactorUnit PriceQuantity Total 0.37 1.1324 1,863.00 09 29 00 00 0059 Up To 10' High, Ceilings, Tape, Spackle And Finish Gypsum Board74 $63.60SF Installation =x x 63.60 FactorUnit PriceQuantity Total 0.48 1.1324 117.00 09 29 00 00 0059 0043 For Up To 128, Add75 $23.85MOD Installation =x x 23.85 FactorUnit PriceQuantity Total 0.18 1.1324 117.00 09 29 00 00 0062 Up To 10' High, Vertical Corners, Tape, Spackle And Finish Gypsum Board76 $181.37LF Installation =x x 181.37 FactorUnit PriceQuantity Total 0.77 1.1324 208.00 09 29 00 00 0065 Up To 10' High, Horizontal Corners, Tape, Spackle And Finish Gypsum Board77 $201.30LF Installation =x x 201.30 FactorUnit PriceQuantity Total 0.88 1.1324 202.00 09 29 00 00 0073 Casing, Galvanized Steel J-Bead For Gypsum Board78 $402.59LF Installation =x x 402.59 FactorUnit PriceQuantity Total 1.76 1.1324 202.00 09 51 13 00 0020 2' x 4' x 3/4" Mineral Fiber Acoustical Ceiling Panels79 $677.27SF Installation =x x 677.27 FactorUnit PriceQuantity Total 2.24 1.1324 267.00 09 51 13 00 0020 0104 For Individual Room Quantities <495, AddFor use with projects >500 SF80 $99.78MOD Installation =x x 99.78 FactorUnit PriceQuantity Total 0.33 1.1324 267.00 09 53 23 00 0005 2' x 4' Grid, 15/16" T Bar Ceiling Suspension System81 $420.27SF Installation =x x 420.27 FactorUnit PriceQuantity Total 1.39 1.1324 267.00 09 53 23 00 0005 0132 For Individual Room Quantities <495, AddFor use with projects >500 SF82 $48.38MOD Installation =x x 48.38 FactorUnit PriceQuantity Total 0.16 1.1324 267.00 Page 8 of 30 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063152.00 City of Milton - Public Works Bldg Construction Proposal Name: $425,142.29 City of Milton - Public Works Bldg Construction Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 09 - Finishes 09 53 23 00 0011 1" x 3/16" Flat Bar Bracing For Suspended Ceiling83 $129.77LF Installation =x x 129.77 FactorUnit PriceQuantity Total 1.91 1.1324 60.00 09 91 13 00 0066 Paint Exterior Galvanized Walls, 2 Coats Paint, Sprayed84 $2,089.28SF Installation =x x 2,089.28 FactorUnit PriceQuantity Total 0.75 1.1324 2,460.00 Paint Metal Bldg walls 09 91 13 00 0224 Paint Exterior Metal Door Frame And Trim, 1 Coat Primer, Brush/Roller Work85 $25.80LF Installation =x x 25.80 FactorUnit PriceQuantity Total 0.67 1.1324 34.00 09 91 13 00 0226 Paint Exterior Metal Door Frame And Trim, 2 Coats Paint, Brush/Roller Work86 $56.21LF Installation =x x 56.21 FactorUnit PriceQuantity Total 1.46 1.1324 34.00 09 91 13 00 0231 Paint Exterior Metal Door, Both Faces, 1 Coat Primer, Brush/Roller Work87 $114.67EA Installation =x x 114.67 FactorUnit PriceQuantity Total 50.63 1.1324 2.00 09 91 13 00 0233 Paint Exterior Metal Door, Both Faces, 2 Coats Paint, Brush/Roller Work88 $206.71EA Installation =x x 206.71 FactorUnit PriceQuantity Total 91.27 1.1324 2.00 09 91 13 00 0478 Paint Exterior Miscellaneous Metal Surfaces, 2 Coats Alkyd Enamel, Brush/Roller Work 89 $154.37SF Installation =x x 154.37 FactorUnit PriceQuantity Total 1.42 1.1324 96.00 Paint Bollards 09 91 23 00 0033 Paint Interior Concrete Block Walls, 1 Coat Epoxy Filler, Brush/Roller Work90 $366.90SF Installation =x x 366.90 FactorUnit PriceQuantity Total 0.60 1.1324 540.00 CTC for epoxy walls 09 91 23 00 0035 Paint Interior Concrete Block Walls, 2 Coats Epoxy Paint, Brush/Roller Work91 $776.60SF Installation =x x 776.60 FactorUnit PriceQuantity Total 1.27 1.1324 540.00 CTC for epoxy walls 09 91 23 00 0062 Paint Interior Plaster/Drywall Walls, 1 Coat Primer, Brush/Roller Work92 $600.90SF Installation =x x 600.90 FactorUnit PriceQuantity Total 0.44 1.1324 1,206.00 09 91 23 00 0064 Paint Interior Plaster/Drywall Walls, 2 Coats Paint, Brush/Roller Work93 $1,188.14SF Installation =x x 1,188.14 FactorUnit PriceQuantity Total 0.87 1.1324 1,206.00 09 91 23 00 0151 Paint Interior Drywall/Plaster Ceiling, 1 Coat Primer, Brush/Roller Work94 $63.60SF Installation =x x 63.60 FactorUnit PriceQuantity Total 0.52 1.1324 108.00 Page 9 of 30 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063152.00 City of Milton - Public Works Bldg Construction Proposal Name: $425,142.29 City of Milton - Public Works Bldg Construction Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 09 - Finishes 09 91 23 00 0151 0286 For >100 To 250, Add95 $18.34MOD Installation =x x 18.34 FactorUnit PriceQuantity Total 0.15 1.1324 108.00 09 91 23 00 0153 Paint Interior Drywall/Plaster Ceiling, 2 Coats Paint, Brush/Roller Work96 $113.74SF Installation =x x 113.74 FactorUnit PriceQuantity Total 0.93 1.1324 108.00 09 91 23 00 0218 Paint Interior Concrete Floors And Decks, 1 Coat Bonding Agent, Brush/Roller Work 97 $57.48SF Installation =x x 57.48 FactorUnit PriceQuantity Total 0.47 1.1324 108.00 Bathroom floor 09 91 23 00 0218 0286 For >100 To 250, Add98 $15.90MOD Installation =x x 15.90 FactorUnit PriceQuantity Total 0.13 1.1324 108.00 09 91 23 00 0221 Paint Interior Concrete Floors And Decks, 1 Coat Non Slip Epoxy Coating, Brush Work (Rust-Oleum® AS91864251) 99 $437.83SF Installation =x x 437.83 FactorUnit PriceQuantity Total 3.58 1.1324 108.00 Bathroom Floor 09 91 23 00 0221 0286 For >100 To 250, Add100 $56.26MOD Installation =x x 56.26 FactorUnit PriceQuantity Total 0.46 1.1324 108.00 09 91 23 00 0239 Paint Interior Metal Door Frame And Trim, 1 Coat Primer, Brush/Roller Work101 $38.69LF Installation =x x 38.69 FactorUnit PriceQuantity Total 0.67 1.1324 51.00 09 91 23 00 0239 0295 For Oil Based Paint, Add102 $2.31MOD Installation =x x 2.31 FactorUnit PriceQuantity Total 0.04 1.1324 51.00 09 91 23 00 0241 Paint Interior Metal Door Frame And Trim, 2 Coats Paint, Brush/Roller Work103 $84.32LF Installation =x x 84.32 FactorUnit PriceQuantity Total 1.46 1.1324 51.00 09 91 23 00 0241 0295 For Oil Based Paint, Add104 $4.62MOD Installation =x x 4.62 FactorUnit PriceQuantity Total 0.08 1.1324 51.00 09 91 23 00 0259 Paint Interior Wood Door, Both Faces, 1 Coat Primer, Brush/Roller Work105 $184.20EA Installation =x x 184.20 FactorUnit PriceQuantity Total 54.22 1.1324 3.00 09 91 23 00 0261 Paint Interior Wood Door, Both Faces, 2 Coats Paint, Brush/Roller Work106 $330.75EA Installation =x x 330.75 FactorUnit PriceQuantity Total 97.36 1.1324 3.00 Page 10 of 30 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063152.00 City of Milton - Public Works Bldg Construction Proposal Name: $425,142.29 City of Milton - Public Works Bldg Construction Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 09 - Finishes 09 91 43 00 0012 Hand Wash Drywall Surfaces With Mild Detergent Or Degreaser (No Sanding, Repairing Or Scraping) 107 $273.13SF Installation =x x 273.13 FactorUnit PriceQuantity Total 0.20 1.1324 1,206.00 $17,535.43Subtotal for 09 - Finishes 10 - Specialties 10 14 23 00 0024 >50 To 75 SI, Acrylic, Surface Mount, Indoor/Outdoor Signs With Braille108 $97.02EA Installation =x x 97.02 FactorUnit PriceQuantity Total 28.56 1.1324 3.00 10 28 13 13 0008 Surface Mounted, Stainless Steel Folded Paper Towel Dispenser (Bobrick Classic B-26212) 109 $78.68EA Installation =x x 78.68 FactorUnit PriceQuantity Total 69.48 1.1324 1.00 10 28 13 13 0036 Two Roll Without Controlled Delivery, Surface Mounted, Cast Aluminum Toilet Tissue Dispenser (Bobrick B-27460) 110 $73.88EA Installation =x x 73.88 FactorUnit PriceQuantity Total 65.24 1.1324 1.00 10 28 13 13 0060 40 Fluid Ounce, Surface Mounted, Stainless Steel Soap Dispenser (Bobrick Contura B-4112) 111 $84.69EA Installation =x x 84.69 FactorUnit PriceQuantity Total 74.79 1.1324 1.00 10 28 13 13 0139 36" Length, 1-1/2" Diameter, Stainless Steel Grab Bar (Bobrick B-6806x36)112 $77.40EA Installation =x x 77.40 FactorUnit PriceQuantity Total 68.35 1.1324 1.00 10 28 13 13 0140 42" Length, 1-1/2" Diameter, Stainless Steel Grab Bar (Bobrick B-6806x42)113 $79.38EA Installation =x x 79.38 FactorUnit PriceQuantity Total 70.10 1.1324 1.00 10 28 13 13 0331 18" x 36", Surface Mounted, Stainless Steel Angle Frame Glass Mirror (Bobrick B-290 1836) 114 $144.72EA Installation =x x 144.72 FactorUnit PriceQuantity Total 127.80 1.1324 1.00 $635.77Subtotal for 10 - Specialties 12 - Furnishings 12 36 23 13 0003 Plastic Laminate Countertop With Backsplash115 $511.66SF Installation =x x 511.66 FactorUnit PriceQuantity Total 14.12 1.1324 32.00 12 36 23 13 0005 Cutout For Sink And/Or Faucet In Plastic Laminate Countertop116 $85.02EA Installation =x x 85.02 FactorUnit PriceQuantity Total 37.54 1.1324 2.00 Page 11 of 30 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063152.00 City of Milton - Public Works Bldg Construction Proposal Name: $425,142.29 City of Milton - Public Works Bldg Construction Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) $596.68Subtotal for 12 - Furnishings 13 - Special Construction 13 34 19 00 0015 16' Eave Height, >30' To 50' Wide, Up To 30' Long Clear Span Rigid Frame Building With 26 Gauge Roofing And Siding 117 $80,457.02GSF Installation =x x 80,457.02 FactorUnit PriceQuantity Total 20.30 1.1324 3,500.00 13 34 19 00 0015 0003 For 70' To 99' In Length Only, Add118 $2,655.48MOD Installation =x x 2,655.48 FactorUnit PriceQuantity Total 0.67 1.1324 3,500.00 13 34 19 00 0015 0005 For >3 In 12 Slope To 5 In 12 Slope, Add119 $4,042.67MOD Installation =x x 4,042.67 FactorUnit PriceQuantity Total 1.02 1.1324 3,500.00 13 34 19 00 0015 0008 For 20 PSF Live Load And 30 PSF (110 MPH) Wind Load, Add120 $9,670.70MOD Installation =x x 9,670.70 FactorUnit PriceQuantity Total 2.44 1.1324 3,500.00 13 34 19 00 0111 Single Door, Metal Frame Rough Opening121 $578.07EA Installation =x x 578.07 FactorUnit PriceQuantity Total 255.24 1.1324 2.00 13 34 19 00 0115 14' x 14' Overhead Door, Metal Frame Rough Opening122 $2,373.60EA Installation =x x 2,373.60 FactorUnit PriceQuantity Total 524.02 1.1324 4.00 13 34 19 00 0126 Upgrade To 4" Thick Insulated Roof Panel, Metal-Span III, CFR-4224 gauge exterior and 24 gauge interior panels. 123 $13,540.11SF Installation =x x 13,540.11 FactorUnit PriceQuantity Total 10.87 1.1324 1,100.00 Roof Insulate 13 34 19 00 0146 6" Thick, R-19, Vinyl/Scrim/Kraft (VSK), Faced Metal Building Insulation124 $6,430.22SF Installation =x x 6,430.22 FactorUnit PriceQuantity Total 1.69 1.1324 3,360.00 Walls insulate 13 34 19 00 0194 Pre-Engineered Standard Type Gutter, Painted125 $1,311.09LF Installation =x x 1,311.09 FactorUnit PriceQuantity Total 8.27 1.1324 140.00 13 34 19 00 0195 Pre-Engineered Standard Type Downspout, Painted126 $395.07LF Installation =x x 395.07 FactorUnit PriceQuantity Total 6.23 1.1324 56.00 $121,454.03Subtotal for 13 - Special Construction 22 - Plumbing Page 12 of 30 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063152.00 City of Milton - Public Works Bldg Construction Proposal Name: $425,142.29 City of Milton - Public Works Bldg Construction Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 22 - Plumbing 22 05 76 00 0004 3" Floor Cleanout, Round Or Square Top, Cast Iron With Cast Bronze Screw Plug And Nickel Bronze Cover 127 $320.93EA Installation =x x 320.93 FactorUnit PriceQuantity Total 283.41 1.1324 1.00 22 07 19 00 0004 3/4" Diameter Pipe, 1/2" Thick, Fiberglass Insulation With All Service Jacket (ASJ) 128 $1,726.06LF Installation =x x 1,726.06 FactorUnit PriceQuantity Total 4.55 1.1324 335.00 22 07 19 00 0005 1" Diameter Pipe, 1/2" Thick, Fiberglass Insulation With All Service Jacket (ASJ) 129 $82.04LF Installation =x x 82.04 FactorUnit PriceQuantity Total 4.83 1.1324 15.00 22 11 16 00 0849 1-1/2" Schedule 80 Chlorinated Polyvinyl Chloride (CPVC) Pressure Pipe130 $2,048.29LF Installation =x x 2,048.29 FactorUnit PriceQuantity Total 6.46 1.1324 280.00 CTC for schedule 120 not in catalog 22 11 16 00 1236 3/4" Cross-Linked Polyethylene Tubing131 $971.15LF Installation =x x 971.15 FactorUnit PriceQuantity Total 2.56 1.1324 335.00 22 11 16 00 1237 1" Cross-Linked Polyethylene Tubing132 $53.85LF Installation =x x 53.85 FactorUnit PriceQuantity Total 3.17 1.1324 15.00 Pex H2O 22 11 16 00 1243 3/4" x 3/4", (PE x Threaded) Forged Brass Male Adapter For PEX Tubing133 $816.69EA Installation =x x 816.69 FactorUnit PriceQuantity Total 12.02 1.1324 60.00 22 11 16 00 1249 3/4" x 3/4", (PE x Threaded) Forged Brass Female Adapter For PEX Tubing134 $852.02EA Installation =x x 852.02 FactorUnit PriceQuantity Total 12.54 1.1324 60.00 22 11 16 00 1255 3/4" Forged Brass Tube Adapter For PEX Tubing135 $25.82EA Installation =x x 25.82 FactorUnit PriceQuantity Total 11.40 1.1324 2.00 22 11 16 00 1256 1" Forged Brass Tube Adapter For PEX Tubing136 $64.73EA Installation =x x 64.73 FactorUnit PriceQuantity Total 14.29 1.1324 4.00 22 11 16 00 1260 3/4" Forged Brass Plug For PEX Tubing137 $78.41EA Installation =x x 78.41 FactorUnit PriceQuantity Total 5.77 1.1324 12.00 22 11 16 00 1261 1" Forged Brass Plug For PEX Tubing138 $15.92EA Installation =x x 15.92 FactorUnit PriceQuantity Total 7.03 1.1324 2.00 Page 13 of 30 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063152.00 City of Milton - Public Works Bldg Construction Proposal Name: $425,142.29 City of Milton - Public Works Bldg Construction Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 22 - Plumbing 22 11 16 00 1266 1" Forged Brass Tee For PEX Tubing139 $24.20EA Installation =x x 24.20 FactorUnit PriceQuantity Total 21.37 1.1324 1.00 22 11 16 00 1268 3/4" Forged Brass Reducing Tee For PEX Tubing140 $181.07EA Installation =x x 181.07 FactorUnit PriceQuantity Total 15.99 1.1324 10.00 22 11 16 00 1273 3/4" Forged Brass Coupling For PEX Tubing141 $245.05EA Installation =x x 245.05 FactorUnit PriceQuantity Total 10.82 1.1324 20.00 22 11 16 00 1274 1" Forged Brass Coupling For PEX Tubing142 $29.47EA Installation =x x 29.47 FactorUnit PriceQuantity Total 13.01 1.1324 2.00 22 11 16 00 1285 3/4" Forged Brass 90 Degree Elbow For PEX Tubing143 $423.61EA Installation =x x 423.61 FactorUnit PriceQuantity Total 11.69 1.1324 32.00 22 11 19 00 0532 6" Long, 1/2" Antisiphon Freezeless Wall Faucet144 $186.64EA Installation =x x 186.64 FactorUnit PriceQuantity Total 82.41 1.1324 2.00 22 13 16 00 0515 1-1/2" Schedule 40 Polyvinyl Chloride (PVC) DWV Pipe145 $20.72LF Installation =x x 20.72 FactorUnit PriceQuantity Total 3.66 1.1324 5.00 22 13 16 00 0517 3" Schedule 40 Polyvinyl Chloride (PVC) DWV Pipe146 $346.00LF Installation =x x 346.00 FactorUnit PriceQuantity Total 6.79 1.1324 45.00 22 13 16 00 0518 4" Schedule 40 Polyvinyl Chloride (PVC) DWV Pipe147 $132.66LF Installation =x x 132.66 FactorUnit PriceQuantity Total 7.81 1.1324 15.00 22 13 16 00 0540 1-1/2" Polyvinyl Chloride (PVC) DWV Long Sweep 1/4 Bends148 $17.36EA Installation =x x 17.36 FactorUnit PriceQuantity Total 15.33 1.1324 1.00 22 13 16 00 0542 3" Polyvinyl Chloride (PVC) DWV Long Sweep 1/4 Bends149 $155.54EA Installation =x x 155.54 FactorUnit PriceQuantity Total 27.47 1.1324 5.00 22 13 16 00 0543 4" Polyvinyl Chloride (PVC) DWV Long Sweep 1/4 Bends150 $166.19EA Installation =x x 166.19 FactorUnit PriceQuantity Total 36.69 1.1324 4.00 22 13 16 00 0558 3" Polyvinyl Chloride (PVC) DWV Sanitary Tees151 $211.53EA Installation =x x 211.53 FactorUnit PriceQuantity Total 37.36 1.1324 5.00 Page 14 of 30 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063152.00 City of Milton - Public Works Bldg Construction Proposal Name: $425,142.29 City of Milton - Public Works Bldg Construction Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 22 - Plumbing 22 13 16 00 0570 4" x 4" x 3" Polyvinyl Chloride (PVC) DWV Reducing Sanitary Tees152 $301.50EA Installation =x x 301.50 FactorUnit PriceQuantity Total 53.25 1.1324 5.00 22 13 16 00 0600 3" Polyvinyl Chloride (PVC) DWV P-Traps153 $280.84EA Installation =x x 280.84 FactorUnit PriceQuantity Total 49.60 1.1324 5.00 22 13 16 00 0605 4" x 3" Polyvinyl Chloride (PVC) DWV Closet Flanges154 $30.31EA Installation =x x 30.31 FactorUnit PriceQuantity Total 26.77 1.1324 1.00 22 13 16 00 0621 4" x 4" x 3" Polyvinyl Chloride (PVC) DWV Reducing Wyes155 $261.75EA Installation =x x 261.75 FactorUnit PriceQuantity Total 46.23 1.1324 5.00 22 13 16 00 0674 3" Polyvinyl Chloride (PVC) DWV Cleanout Tees With Plug156 $126.69EA Installation =x x 126.69 FactorUnit PriceQuantity Total 55.94 1.1324 2.00 22 13 16 00 0688 1-1/2" Polyvinyl Chloride (PVC) Couplings157 $14.96EA Installation =x x 14.96 FactorUnit PriceQuantity Total 13.21 1.1324 1.00 22 13 16 00 0690 3" Polyvinyl Chloride (PVC) Couplings158 $530.64EA Installation =x x 530.64 FactorUnit PriceQuantity Total 23.43 1.1324 20.00 22 13 16 00 0691 4" Polyvinyl Chloride (PVC) Couplings159 $159.22EA Installation =x x 159.22 FactorUnit PriceQuantity Total 28.12 1.1324 5.00 22 33 30 16 0002 30 Gallon, Electric Domestic Water Heater160 $768.38EA Installation =x x 768.38 FactorUnit PriceQuantity Total 678.54 1.1324 1.00 22 33 30 16 0019 2 Gallon, Expansion Pressure Tank For Water Heaters161 $65.23EA Installation =x x 65.23 FactorUnit PriceQuantity Total 57.60 1.1324 1.00 22 33 30 16 0029 26" Diameter, 2-1/2" Deep, Polyethylene Water Heater Drain Pan162 $28.40EA Installation =x x 28.40 FactorUnit PriceQuantity Total 25.08 1.1324 1.00 22 42 13 13 0013 Flush Valve Type, Siphon Jet, Wall Mounted, Wall Outlet, Handicap Accessible, Elongated Vitreous China Water Closet (American Standard Afwall® ADA Retrofit) 163 $576.27EA Installation =x x 576.27 FactorUnit PriceQuantity Total 508.89 1.1324 1.00 22 42 16 13 0010 27" x 20" Wheelchair Accessible, Vitreous China Wall Hung Lavatory (American Standard Wheel Chair Users) 164 $430.18EA Installation =x x 430.18 FactorUnit PriceQuantity Total 379.88 1.1324 1.00 Page 15 of 30 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063152.00 City of Milton - Public Works Bldg Construction Proposal Name: $425,142.29 City of Milton - Public Works Bldg Construction Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 22 - Plumbing 22 42 16 13 0071 Wall Mounted Fixed Steel Plate Type, Single Lavatory Carrier With Concealed Arms 165 $245.29EA Installation =x x 245.29 FactorUnit PriceQuantity Total 216.61 1.1324 1.00 22 42 16 16 0005 15" x 17" x 7-1/4" Stainless Steel Kitchen Sink, Single Bowl, 20 Gauge (Elkay PSR1517) 166 $865.14EA Installation =x x 865.14 FactorUnit PriceQuantity Total 763.99 1.1324 1.00 22 42 16 16 0044 24" x 24" x 10" Plastic Composite Mop Service Sink With Combination Dome Strainer And Stainless Steel Lint Basket (Fiat Products MSB2424) 167 $427.05EA Installation =x x 427.05 FactorUnit PriceQuantity Total 377.12 1.1324 1.00 22 42 39 00 0005 Top Cast Kitchen Faucet With Spray, Single Handle, Stainless Steel Finish (Delta 440 -SS-DST) 168 $260.20EA Installation =x x 260.20 FactorUnit PriceQuantity Total 229.78 1.1324 1.00 22 42 39 00 0026 Single Handle Centerset Lavatory Faucet, Polished Chrome Finish (Delta Lahara 538-MPU-DST) 169 $169.50EA Installation =x x 169.50 FactorUnit PriceQuantity Total 149.68 1.1324 1.00 22 42 39 00 0077 4-5/8" Spout With Vacuum Breaker, Wall Mount Service Sink Faucet, Lever Handles (Kohler® Kinlock™) 170 $669.84EA Installation =x x 669.84 FactorUnit PriceQuantity Total 295.76 1.1324 2.00 22 42 43 00 0004 Exposed Manual Water Closet Flush Valve (Sloan Regal-110 Or 111)171 $213.76EA Installation =x x 213.76 FactorUnit PriceQuantity Total 188.77 1.1324 1.00 22 47 13 00 0005 Stainless Steel, Extended Length, Semi-Circular Indoor Drinking Fountain With Bubbler, 180 Degree Push Bar (Halsey-Taylor OVL-II-E) 172 $2,027.30EA Installation =x x 2,027.30 FactorUnit PriceQuantity Total 1,790.27 1.1324 1.00 $17,648.40Subtotal for 22 - Plumbing 23 - Heating, Ventilating, And Air-Conditioning (HVAC) 23 05 29 00 0011 3" Steel Clevis Hanger (Cooper B-Line B3100)173 $160.71EA Installation =x x 160.71 FactorUnit PriceQuantity Total 17.74 1.1324 8.00 23 05 29 00 0113 3" Adjustable Swivel Steel Ring (Cooper B-Line B3170)174 $173.12EA Installation =x x 173.12 FactorUnit PriceQuantity Total 19.11 1.1324 8.00 Page 16 of 30 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063152.00 City of Milton - Public Works Bldg Construction Proposal Name: $425,142.29 City of Milton - Public Works Bldg Construction Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 23 - Heating, Ventilating, And Air-Conditioning (HVAC) 23 05 29 00 0210 6" Steel Pipe Clamp (Cooper B-Line B3140)175 $152.57EA Installation =x x 152.57 FactorUnit PriceQuantity Total 44.91 1.1324 3.00 exhaust duct work 23 05 29 00 0357 18" Wide x 24" Deep Medium Duty Welded Steel Bracket, Wall Mounted (Cooper B-Line B3066) 176 $722.77EA Installation =x x 722.77 FactorUnit PriceQuantity Total 319.13 1.1324 2.00 electric heaters 23 05 29 00 0649 1/2" Diameter, Plain Finish Steel, Low Carbon Threaded Rod177 $261.81LF Installation =x x 261.81 FactorUnit PriceQuantity Total 2.89 1.1324 80.00 23 05 29 00 0657 1/2" Diameter, Threaded Rod Coupling Nut178 $43.85EA Installation =x x 43.85 FactorUnit PriceQuantity Total 4.84 1.1324 8.00 23 05 29 00 0665 1/2" Inside Diameter, Zinc Plated Steel, Low Carbon Flat Washer179 $15.58EA Installation =x x 15.58 FactorUnit PriceQuantity Total 0.43 1.1324 32.00 23 05 29 00 0673 1/2" Diameter, Zinc Plated Steel, Low Carbon/Grade 2 Hex Nut180 $8.70EA Installation =x x 8.70 FactorUnit PriceQuantity Total 0.48 1.1324 16.00 23 05 29 00 0681 1/2" Turnbuckle (Cooper B-Line B3202)181 $226.21EA Installation =x x 226.21 FactorUnit PriceQuantity Total 24.97 1.1324 8.00 23 05 29 00 0828 1/2" Rod Size, Up To 6" Flange Width, Bottom Mount I-Beam Clamp (B-Line B-3055) 182 $416.36EA Installation =x x 416.36 FactorUnit PriceQuantity Total 45.96 1.1324 8.00 23 09 23 00 0400 Line Voltage 120 Volt, Heat/Cool Thermostat (Honeywell T651A3018)183 $118.38EA Installation =x x 118.38 FactorUnit PriceQuantity Total 104.54 1.1324 1.00 Radiant heater 23 11 23 00 0005 3/4" Corrugated Stainless Steel Tubing (CSST), Flexible Gas Pipe184 $113.92LF Installation =x x 113.92 FactorUnit PriceQuantity Total 5.03 1.1324 20.00 23 11 23 00 0006 1" Corrugated Stainless Steel Tubing (CSST), Flexible Gas Pipe185 $74.06LF Installation =x x 74.06 FactorUnit PriceQuantity Total 6.54 1.1324 10.00 23 11 23 00 0017 1" x 3/4", (CSST x Threaded) Male Adaptor For Corrugated Stainless Steel Tubing (CSST), Flexible Gas Pipe 186 $75.40EA Installation =x x 75.40 FactorUnit PriceQuantity Total 33.29 1.1324 2.00 Page 17 of 30 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063152.00 City of Milton - Public Works Bldg Construction Proposal Name: $425,142.29 City of Milton - Public Works Bldg Construction Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 23 - Heating, Ventilating, And Air-Conditioning (HVAC) 23 11 23 00 0028 1" x 3/4", (CSST x Threaded) Female Adaptor For Corrugated Stainless Steel Tubing (CSST), Flexible Gas Pipe 187 $71.61EA Installation =x x 71.61 FactorUnit PriceQuantity Total 31.62 1.1324 2.00 23 11 23 00 0032 1" x 3/4", (CSST x Threaded) Reducing Adaptor For Corrugated Stainless Steel Tubing (CSST), Flexible Gas Pipe 188 $72.99EA Installation =x x 72.99 FactorUnit PriceQuantity Total 32.23 1.1324 2.00 23 11 23 00 0036 3/4" Coupling For Corrugated Stainless Steel Tubing (CSST), Flexible Gas Pipe189 $161.57EA Installation =x x 161.57 FactorUnit PriceQuantity Total 35.67 1.1324 4.00 23 11 23 00 0037 1" Coupling For Corrugated Stainless Steel Tubing (CSST), Flexible Gas Pipe190 $119.65EA Installation =x x 119.65 FactorUnit PriceQuantity Total 52.83 1.1324 2.00 23 11 23 00 0051 3/4" x 3/4", (CSST x Threaded) Indoor Termination Fitting For Corrugated Stainless Steel Tubing (CSST), Flexible Gas Pipe 191 $55.74EA Installation =x x 55.74 FactorUnit PriceQuantity Total 24.61 1.1324 2.00 23 11 23 00 0053 1" x 1", (CSST x Threaded) Indoor Termination Fitting For Corrugated Stainless Steel Tubing (CSST), Flexible Gas Pipe 192 $79.20EA Installation =x x 79.20 FactorUnit PriceQuantity Total 34.97 1.1324 2.00 23 11 23 00 0098 1" x 3/4", (CSST x Threaded) Shut-Off Valve For Corrugated Stainless Steel Tubing (CSST), Flexible Gas Pipe 193 $76.67EA Installation =x x 76.67 FactorUnit PriceQuantity Total 67.71 1.1324 1.00 23 11 23 00 0109 3/4" Port, 550 MBTU Pressure Regulator For Corrugated Stainless Steel Tubing (CSST), Flexible Gas Pipe 194 $182.63EA Installation =x x 182.63 FactorUnit PriceQuantity Total 80.64 1.1324 2.00 23 11 23 00 0120 3/4" Brass Gas Stop195 $71.36EA Installation =x x 71.36 FactorUnit PriceQuantity Total 31.51 1.1324 2.00 23 13 23 13 0005 50 Gallon Double Wall Steel Day Tank; Tramont TRXIncludes rust-inhibitor coated interior and gray painted exterior. 196 $1,235.03EA Installation =x x 1,235.03 FactorUnit PriceQuantity Total 1,090.63 1.1324 1.00 23 21 13 23 0018 3/4" Schedule 40, Threaded And Coupled, Black Steel Pipe197 $443.73LF Installation =x x 443.73 FactorUnit PriceQuantity Total 4.61 1.1324 85.00 23 21 13 23 0019 1" Schedule 40, Threaded And Coupled, Black Steel Pipe198 $333.21LF Installation =x x 333.21 FactorUnit PriceQuantity Total 5.35 1.1324 55.00 Page 18 of 30 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063152.00 City of Milton - Public Works Bldg Construction Proposal Name: $425,142.29 City of Milton - Public Works Bldg Construction Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 23 - Heating, Ventilating, And Air-Conditioning (HVAC) 23 21 13 23 0034 3/4", 150 LB, Black Malleable Iron 90 Degree Elbow199 $112.31EA Installation =x x 112.31 FactorUnit PriceQuantity Total 16.53 1.1324 6.00 23 21 13 23 0035 1", 150 LB, Black Malleable Iron 90 Degree Elbow200 $43.96EA Installation =x x 43.96 FactorUnit PriceQuantity Total 19.41 1.1324 2.00 23 21 13 23 0082 3/4", 150 LB, Black Malleable Iron Tee201 $49.28EA Installation =x x 49.28 FactorUnit PriceQuantity Total 21.76 1.1324 2.00 23 21 13 23 0083 1", 150 LB, Black Malleable Iron Tee202 $30.59EA Installation =x x 30.59 FactorUnit PriceQuantity Total 27.01 1.1324 1.00 23 21 13 23 0107 3/4", 150 LB, Black Malleable Iron Coupling203 $579.22EA Installation =x x 579.22 FactorUnit PriceQuantity Total 17.05 1.1324 30.00 23 21 13 23 0108 1", 150 LB, Black Malleable Iron Coupling204 $224.44EA Installation =x x 224.44 FactorUnit PriceQuantity Total 19.82 1.1324 10.00 23 21 13 23 0131 3/4", 150 LB, Black Malleable Iron Cap205 $19.09EA Installation =x x 19.09 FactorUnit PriceQuantity Total 8.43 1.1324 2.00 23 21 13 23 0132 1", 150 LB, Black Malleable Iron Cap206 $11.12EA Installation =x x 11.12 FactorUnit PriceQuantity Total 9.82 1.1324 1.00 23 21 13 23 0329 3/4", 150 LB, Black Malleable Iron Square Head Plug207 $8.58EA Installation =x x 8.58 FactorUnit PriceQuantity Total 7.58 1.1324 1.00 23 21 13 23 0330 1", 150 LB, Black Malleable Iron Square Head Plug208 $9.84EA Installation =x x 9.84 FactorUnit PriceQuantity Total 8.69 1.1324 1.00 23 31 13 16 0005 6", 26 Gauge, Factory Fabricated, Field Installed, Low Pressure, Galvanized Sheet Metal Round Duct 209 $125.02LF Installation =x x 125.02 FactorUnit PriceQuantity Total 5.52 1.1324 20.00 23 31 13 16 0017 6", 26 Gauge, Factory Fabricated, Field Installed, Low Pressure, Galvanized Sheet Metal Round Adjustable Elbow 210 $34.21EA Installation =x x 34.21 FactorUnit PriceQuantity Total 30.21 1.1324 1.00 23 31 13 16 0029 6", 26 Gauge, Factory Fabricated, Field Installed, Low Pressure, Galvanized Sheet Metal Round 90 Degree Elbow 211 $28.86EA Installation =x x 28.86 FactorUnit PriceQuantity Total 25.49 1.1324 1.00 Page 19 of 30 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063152.00 City of Milton - Public Works Bldg Construction Proposal Name: $425,142.29 City of Milton - Public Works Bldg Construction Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 23 - Heating, Ventilating, And Air-Conditioning (HVAC) 23 31 13 16 0065 6", 26 Gauge, Factory Fabricated, Field Installed, Low Pressure, Galvanized Sheet Metal Round Connector 212 $62.87EA Installation =x x 62.87 FactorUnit PriceQuantity Total 13.88 1.1324 4.00 23 33 13 19 0118 48" x 36" Louver Type Combination Fire/Smoke Damper, Steel Construction, UL Listed, 1-1/2 Hour Rated 213 $567.72EA Installation =x x 567.72 FactorUnit PriceQuantity Total 501.34 1.1324 1.00 CTC Match intake louver 23 34 16 00 0249 180 CFM, Ceiling Mounted, Polymeric Intake Grille, Vertical Discharge, Light Duty Exhaust Fan (Broan® 505) 214 $147.52EA Installation =x x 147.52 FactorUnit PriceQuantity Total 130.27 1.1324 1.00 23 34 16 00 0310 Aluminum Wall Cap For Up To 12" Duct, Installed On Exterior Walls (Broan® 613) 215 $174.37EA Installation =x x 174.37 FactorUnit PriceQuantity Total 153.98 1.1324 1.00 23 34 23 00 0035 1/2 HP, 2,291 CFM At 1/4" Static Pressure, Belt Drive, Aluminum, Centrifugal Sidewall Exhauster 216 $1,600.18EA Installation =x x 1,600.18 FactorUnit PriceQuantity Total 1,413.09 1.1324 1.00 CTC 2000 CFM exhaust fan 23 34 23 00 0035 0637 For Solid State Speed Control, Add217 $104.60MOD Installation =x x 104.60 FactorUnit PriceQuantity Total 92.37 1.1324 1.00 23 34 23 00 0035 0666 For Backdraft Damper, Add218 $106.85MOD Installation =x x 106.85 FactorUnit PriceQuantity Total 94.36 1.1324 1.00 23 34 23 00 0035 0668 For Damper Motor, Add219 $197.29MOD Installation =x x 197.29 FactorUnit PriceQuantity Total 174.22 1.1324 1.00 23 34 23 00 0035 0672 For Interior Wall Grill, Add220 $171.67MOD Installation =x x 171.67 FactorUnit PriceQuantity Total 151.60 1.1324 1.00 23 55 23 13 0006 75,000 BTU Infrared Gas Heater, Electric Ignition, Ceiling Hung Unit Without Fan 221 $4,139.10EA Installation =x x 4,139.10 FactorUnit PriceQuantity Total 913.79 1.1324 4.00 CTC match for 60,000 BTU 23 55 23 13 0010 3,200 Watt Infrared Elect Heater, Ceiling Hung Unit, No Fan Required222 $1,671.67EA Installation =x x 1,671.67 FactorUnit PriceQuantity Total 738.11 1.1324 2.00 $15,687.19Subtotal for 23 - Heating, Ventilating, And Air-Conditioning (HVAC) Page 20 of 30 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063152.00 City of Milton - Public Works Bldg Construction Proposal Name: $425,142.29 City of Milton - Public Works Bldg Construction Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 26 - Electrical 26 05 13 00 0006 #2 AWG Cable, XLP, 5 KV, Placed In Conduit, Shielded, Single Copper Conductor 223 $4,356.39MLF Installation =x x 4,356.39 FactorUnit PriceQuantity Total 2,959.26 1.1324 1.30 26 05 19 16 0124 #12 AWG Cable - Type THHN-THWN, 600 Volt Single Stranded Copper, Underground Feeder And Branch Circuit 224 $1,389.27MLF Installation =x x 1,389.27 FactorUnit PriceQuantity Total 371.77 1.1324 3.30 26 05 19 16 0125 #10 AWG Cable - Type THHN-THWN, 600 Volt Single Stranded Copper, Underground Feeder And Branch Circuit 225 $1,636.64MLF Installation =x x 1,636.64 FactorUnit PriceQuantity Total 466.22 1.1324 3.10 26 05 19 16 0125 #10 AWG Cable - Type THHN-THWN, 600 Volt Single Stranded Copper, Underground Feeder And Branch Circuit 226 $153.10MLF Installation =x x 153.10 FactorUnit PriceQuantity Total 466.22 1.1324 0.29 26 05 19 16 0127 #6 AWG Cable - Type THHN-THWN, 600 Volt Single Stranded Copper, Underground Feeder And Branch Circuit 227 $1,044.84MLF Installation =x x 1,044.84 FactorUnit PriceQuantity Total 922.68 1.1324 1.00 26 05 19 16 0133 #3/0 AWG Cable - Type THHN-THWN, 600 Volt Single Stranded Copper, Underground Feeder And Branch Circuit 228 $3,881.19MLF Installation =x x 3,881.19 FactorUnit PriceQuantity Total 3,427.40 1.1324 1.00 26 05 19 16 0193 #12 AWG Cable - Type MC, 2 Conductors, Solid Or Stranded, Galvanized Steel Armor 229 $3,222.82MLF Installation =x x 3,222.82 FactorUnit PriceQuantity Total 1,897.34 1.1324 1.50 26 05 23 00 0021 #18/5 Conductor, Low Volt Thermostat Cable230 $378.68MLF Installation =x x 378.68 FactorUnit PriceQuantity Total 445.87 1.1324 0.75 26 05 26 00 0089 1/2" To 1" Conductor, Bonding Jumper - Metallic Conduit231 $4,116.95EA Installation =x x 4,116.95 FactorUnit PriceQuantity Total 90.89 1.1324 40.00 26 05 26 00 0100 3/4" Diameter x 10' Long Copper-Clad Ground Rods232 $261.79EA Installation =x x 261.79 FactorUnit PriceQuantity Total 77.06 1.1324 3.00 26 05 26 00 0148 3/4" Bronze Ground Rod Clamp233 $46.00EA Installation =x x 46.00 FactorUnit PriceQuantity Total 13.54 1.1324 3.00 Page 21 of 30 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063152.00 City of Milton - Public Works Bldg Construction Proposal Name: $425,142.29 City of Milton - Public Works Bldg Construction Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 26 - Electrical 26 05 26 00 0182 250 To 1,000 MCM AWG Cadweld Connection For Splice, Lug, Ground Rod, Rebar Or Structural SteelIncludes molds, materials and all necessary tools to make connections. 234 $357.96EA Installation =x x 357.96 FactorUnit PriceQuantity Total 105.37 1.1324 3.00 26 05 26 00 0185 #4 To #1 AWG Cadweld Connection For Tee, Wye Or CrossIncludes molds, materials and all necessary tools to make connections. 235 $750.19EA Installation =x x 750.19 FactorUnit PriceQuantity Total 82.81 1.1324 8.00 26 05 26 00 0215 30 Circuit, Ground Bar Kit With #1 To 4/0 Aluminum/Copper Lug236 $84.66EA Installation =x x 84.66 FactorUnit PriceQuantity Total 37.38 1.1324 2.00 26 05 29 00 0173 2-1/2", One Hole Steel Conduit Strap237 $82.89EA Installation =x x 82.89 FactorUnit PriceQuantity Total 3.66 1.1324 20.00 26 05 29 00 0180 1", One Hole Iron Conduit Strap238 $65.68EA Installation =x x 65.68 FactorUnit PriceQuantity Total 2.32 1.1324 25.00 26 05 29 00 0263 1/2" Diameter, Electrical Metallic Tubing (EMT) Conduit Clamp For Unistrut Channel 239 $390.68EA Installation =x x 390.68 FactorUnit PriceQuantity Total 2.76 1.1324 125.00 26 05 29 00 0263 0094 For >100 To 250, Deduct240 -$29.73MOD Installation =x x -29.73 FactorUnit PriceQuantity Total -0.21 1.1324 125.00 26 05 29 00 0264 3/4" Diameter, Electrical Metallic Tubing (EMT) Conduit Clamp For Unistrut Channel 241 $185.49EA Installation =x x 185.49 FactorUnit PriceQuantity Total 2.73 1.1324 60.00 26 05 29 00 0264 0093 For >50 To 100, Deduct242 -$7.47MOD Installation =x x -7.47 FactorUnit PriceQuantity Total -0.11 1.1324 60.00 26 05 33 13 0067 2-1/2" Rigid Galvanized Steel (RGS) Conduit With Threaded Coupling243 $849.30LF Installation =x x 849.30 FactorUnit PriceQuantity Total 15.00 1.1324 50.00 26 05 33 13 0080 2-1/2" Rigid Galvanized Steel (RGS) 90 Degree Standard Radius Elbow244 $241.85EA Installation =x x 241.85 FactorUnit PriceQuantity Total 71.19 1.1324 3.00 26 05 33 13 0218 2-1/2" Rigid Galvanized Steel (RGS) Steel Insulated Grounding Bushing245 $110.30EA Installation =x x 110.30 FactorUnit PriceQuantity Total 48.70 1.1324 2.00 Page 22 of 30 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063152.00 City of Milton - Public Works Bldg Construction Proposal Name: $425,142.29 City of Milton - Public Works Bldg Construction Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 26 - Electrical 26 05 33 13 0353 2-1/2" Rigid Galvanized Steel (RGS) 3-Piece Conduit Coupling (Erickson)246 $303.40EA Installation =x x 303.40 FactorUnit PriceQuantity Total 89.31 1.1324 3.00 26 05 33 13 0377 2-1/2" Water Tight Conduit Hubs247 $85.50EA Installation =x x 85.50 FactorUnit PriceQuantity Total 37.75 1.1324 2.00 26 05 33 13 0593 1/2" Electrical Metallic Tubing (EMT) Conduit248 $2,751.73LF Installation =x x 2,751.73 FactorUnit PriceQuantity Total 2.43 1.1324 1,000.00 26 05 33 13 0594 3/4" Electrical Metallic Tubing (EMT) Conduit249 $1,624.99LF Installation =x x 1,624.99 FactorUnit PriceQuantity Total 2.87 1.1324 500.00 26 05 33 13 0594 0019 For >250 To 500, Deduct250 -$16.99MOD Installation =x x -16.99 FactorUnit PriceQuantity Total -0.03 1.1324 500.00 26 05 33 13 0626 1/2 Electrical Metallic Tubing (EMT) Compression Coupling251 $366.90EA Installation =x x 366.90 FactorUnit PriceQuantity Total 3.24 1.1324 100.00 26 05 33 13 0627 3/4" Electrical Metallic Tubing (EMT) Compression Coupling252 $211.76EA Installation =x x 211.76 FactorUnit PriceQuantity Total 3.74 1.1324 50.00 26 05 33 13 0670 1/2" Electrical Metallic Tubing (EMT) Insulated Straight Box Compression Connector 253 $435.97EA Installation =x x 435.97 FactorUnit PriceQuantity Total 3.50 1.1324 110.00 26 05 33 13 0671 3/4" Electrical Metallic Tubing (EMT) Insulated Straight Box Compression Connector 254 $53.54EA Installation =x x 53.54 FactorUnit PriceQuantity Total 3.94 1.1324 12.00 26 05 33 13 0813 2-1/2" Polyvinyl Chloride (PVC) Coated, Urethane Lined, Rigid Galvanized Steel (RGS) Conduit 255 $5,680.12LF Installation =x x 5,680.12 FactorUnit PriceQuantity Total 33.44 1.1324 150.00 26 05 33 13 0826 2-1/2" Polyvinyl Chloride (PVC) Coated, Urethane Lined, Rigid Galvanized Steel (RGS) Coupling 256 $498.44EA Installation =x x 498.44 FactorUnit PriceQuantity Total 55.02 1.1324 8.00 26 05 33 13 0839 2-1/2" Polyvinyl Chloride (PVC) Coated, Urethane Lined, Rigid Galvanized Steel (RGS) Standard Radius Elbow 257 $1,198.62EA Installation =x x 1,198.62 FactorUnit PriceQuantity Total 132.31 1.1324 8.00 Page 23 of 30 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063152.00 City of Milton - Public Works Bldg Construction Proposal Name: $425,142.29 City of Milton - Public Works Bldg Construction Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 26 - Electrical 26 05 33 13 1449 1" Schedule 40 Polyvinyl Chloride (PVC) Conduit With Glued Couplings258 $561.67LF Installation =x x 561.67 FactorUnit PriceQuantity Total 2.48 1.1324 200.00 26 05 33 13 1462 1" Schedule 40 Polyvinyl Chloride (PVC) Conduit 90 Degree ElbowSee CSI section 26 05 33 13-2225 for conduit field bending. 259 $75.76EA Installation =x x 75.76 FactorUnit PriceQuantity Total 11.15 1.1324 6.00 26 05 33 13 1488 1" Polyvinyl Chloride (PVC) Conduit Adapter260 $52.79EA Installation =x x 52.79 FactorUnit PriceQuantity Total 7.77 1.1324 6.00 26 05 33 13 1530 1" Type T, Three Hub Polyvinyl Chloride (PVC) Conduit Body With Cover261 $142.64EA Installation =x x 142.64 FactorUnit PriceQuantity Total 31.49 1.1324 4.00 26 05 33 16 0004 2-1/8" Depth, 4" Square Steel Box262 $1,149.16EA Installation =x x 1,149.16 FactorUnit PriceQuantity Total 17.20 1.1324 59.00 26 05 33 16 0019 1-1/2" Depth, 2 Gang, 4" Square Steel Mud Ring263 $549.19EA Installation =x x 549.19 FactorUnit PriceQuantity Total 8.22 1.1324 59.00 26 05 33 16 0024 One Duplex Receptacle, 4" Square Steel Exposed Work Cover264 $13.57EA Installation =x x 13.57 FactorUnit PriceQuantity Total 5.99 1.1324 2.00 26 05 46 00 0238 200 A 8.3 KV Primary Fuseholder With Fuse Non-Loadbreak Current Limiting265 $1,170.17EA Installation =x x 1,170.17 FactorUnit PriceQuantity Total 344.45 1.1324 3.00 26 09 23 00 0093 200 Amp, 3-Pole, NEMA 4 Enclosure, Electrically Held, Combination Lighting Contactor With Fused Disconnect Switch 266 $6,573.66EA Installation =x x 6,573.66 FactorUnit PriceQuantity Total 5,805.07 1.1324 1.00 26 21 13 00 0040 2-1/2" Weatherproof Conduit Hubs267 $208.23EA Installation =x x 208.23 FactorUnit PriceQuantity Total 91.94 1.1324 2.00 26 21 13 00 0071 2-1/2" Polyvinyl Chloride (PVC) Threaded Service Entrance Weatherhead Cap For #3/0 Thru #4/0 Cable Service 268 $360.69EA Installation =x x 360.69 FactorUnit PriceQuantity Total 159.26 1.1324 2.00 26 24 13 00 0313 800 Amp And Below Primary Current Transformer, With Compartment269 $370.84EA Installation =x x 370.84 FactorUnit PriceQuantity Total 327.48 1.1324 1.00 Meter base Page 24 of 30 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063152.00 City of Milton - Public Works Bldg Construction Proposal Name: $425,142.29 City of Milton - Public Works Bldg Construction Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 26 - Electrical 26 24 16 00 0124 225 Amp Rating, 34 - 20 Amp Breakers, 480 Volt, 3 Wire, 3 Phase Assembled Panelboard, >100 To 225 Amp Main Breaker, 42 Circuit Capacity 270 $4,464.63EA Installation =x x 4,464.63 FactorUnit PriceQuantity Total 3,942.63 1.1324 1.00 26 24 16 00 0124 0169 For NEMA 3R Panelboard, Add271 $1,198.94MOD Installation =x x 1,198.94 FactorUnit PriceQuantity Total 1,058.76 1.1324 1.00 26 27 26 00 0018 20 Amp, NEMA 5-20, Duplex Receptacle, 125 Volt, 1 Phase272 $219.80EA Installation =x x 219.80 FactorUnit PriceQuantity Total 12.94 1.1324 15.00 26 27 26 00 0138 1 Gang, 20 Amp, 120/277 Volt, SPST, Switch Assembly273 $328.10EA Installation =x x 328.10 FactorUnit PriceQuantity Total 48.29 1.1324 6.00 26 27 26 00 0142 3 Gang, 20 Amp, 120/277 Volt, SPST, Switch Assembly274 $256.74EA Installation =x x 256.74 FactorUnit PriceQuantity Total 113.36 1.1324 2.00 26 28 13 00 0038 200 Amp, 250 Volt AC, 200 kAmp I.R., BladeType, Class RK1, Time Delay Fuse 275 $330.58EA Installation =x x 330.58 FactorUnit PriceQuantity Total 97.31 1.1324 3.00 26 28 13 00 0038 0391 For Personal Protective Equipment (Arc Flash) When Working On Energized Equipment, Add 276 $11.24MOD Installation =x x 11.24 FactorUnit PriceQuantity Total 3.31 1.1324 3.00 26 51 13 00 0344 4' Length, 4,000 Lumens, Surface Mount, Wraparound LED Fixture (Lithonia LBL4) 277 $816.10EA Installation =x x 816.10 FactorUnit PriceQuantity Total 180.17 1.1324 4.00 26 51 13 00 0397 4' Length, 42 System Watts, LED Linear Low Bay Fixture (PlanLED A2W4A)278 $3,981.47EA Installation =x x 3,981.47 FactorUnit PriceQuantity Total 251.14 1.1324 14.00 26 52 00 00 0052 10 Max Wattage At 90 Minutes, LED Lamps, Gasketed Aluminum Die-Cast Housing, Outdoor Emergency Light With Heater (Dual-Lite PG Series) 279 $487.40EA Installation =x x 487.40 FactorUnit PriceQuantity Total 430.41 1.1324 1.00 $60,086.82Subtotal for 26 - Electrical 31 - Earthwork 31 05 16 00 0008 #57 Stone Aggregate Fill (#4 To 1")280 $6,117.43CY Installation =x x 6,117.43 FactorUnit PriceQuantity Total 57.47 1.1324 94.00 Stone for slab and aprons Page 25 of 30 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063152.00 City of Milton - Public Works Bldg Construction Proposal Name: $425,142.29 City of Milton - Public Works Bldg Construction Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 31 - Earthwork 31 05 16 00 0027 Aggregate PlacementIncludes Spreading, Grading, Compaction Rolling281 $3,531.39CY Installation =x x 3,531.39 FactorUnit PriceQuantity Total 20.25 1.1324 154.00 Slab and road 31 11 00 00 0006 Clear And Grub Heavy Trees Up To 16" Diameter, Cut And ChipIncludes grub and removal of stump 282 $2,828.48ACR Installation =x x 2,828.48 FactorUnit PriceQuantity Total 4,995.55 1.1324 0.50 31 11 00 00 0007 Clear And Grub Heavy Stumps Only Up To 16" Diameter283 $1,309.80ACR Installation =x x 1,309.80 FactorUnit PriceQuantity Total 2,313.32 1.1324 0.50 31 11 00 00 0015 Machine Loading Of Cleared And Grubbed Material284 $1,703.02CY Installation =x x 1,703.02 FactorUnit PriceQuantity Total 5.57 1.1324 270.00 31 13 13 00 0003 >6" To 12" D.B.H. (Diameter At Breast Height) Tree RemovalIncludes cutting up tree, chipping and loading. 285 $4,667.07EA Installation =x x 4,667.07 FactorUnit PriceQuantity Total 412.14 1.1324 10.00 31 13 13 00 0010 >6" To 12" Diameter Stump RemovalIncludes excavation necessary to remove stump and loading. 286 $1,325.36EA Installation =x x 1,325.36 FactorUnit PriceQuantity Total 117.04 1.1324 10.00 31 23 16 13 0002 12" Wide or Less, Excavation for Trenching by Machine in Soil287 $306.88CY Installation =x x 306.88 FactorUnit PriceQuantity Total 5.42 1.1324 50.00 300' of leach line 31 23 16 13 0002 0058 For >20 To 50, Add288 $153.44MOD Installation =x x 153.44 FactorUnit PriceQuantity Total 2.71 1.1324 50.00 31 23 16 13 0010 Backfilling or Placing Subbase for Trenches with Imported or Stockpiled Materials by Machine 289 $108.14CY Installation =x x 108.14 FactorUnit PriceQuantity Total 1.91 1.1324 50.00 300' of leach line 31 23 16 13 0010 0063 For >20 To 50, Add290 $54.36MOD Installation =x x 54.36 FactorUnit PriceQuantity Total 0.96 1.1324 50.00 31 23 16 13 0013 Compaction of Fill or Subbase for Trenches by Vibratory Plate, Air Tamper, Etcetera 291 $151.74CY Installation =x x 151.74 FactorUnit PriceQuantity Total 2.68 1.1324 50.00 300' of leach line Page 26 of 30 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063152.00 City of Milton - Public Works Bldg Construction Proposal Name: $425,142.29 City of Milton - Public Works Bldg Construction Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 31 - Earthwork 31 23 16 13 0013 0068 For >20 To 50, Add292 $75.87MOD Installation =x x 75.87 FactorUnit PriceQuantity Total 1.34 1.1324 50.00 31 23 16 33 0005 Bulk Excavation by Hydraulic Excavator, Front End Loader, Backhoe in Loose Rock 293 $579.65CY Installation =x x 579.65 FactorUnit PriceQuantity Total 3.82 1.1324 134.00 31 23 16 33 0007 Spreading, Shaping, and Rough Grading Imported or Stockpiled Material for Bulk Excavation by Machine 294 $485.57CY Installation =x x 485.57 FactorUnit PriceQuantity Total 3.20 1.1324 134.00 31 23 16 33 0009 Cutting, Shaping and Rough Grading Existing Elevations For Bulk Excavation by Machine 295 $538.68CY Installation =x x 538.68 FactorUnit PriceQuantity Total 3.55 1.1324 134.00 31 23 16 33 0011 Relocating On Site Excavated Material From Bulk Excavation >100' to 300'296 $402.00CY Installation =x x 402.00 FactorUnit PriceQuantity Total 2.84 1.1324 125.00 31 23 16 33 0016 Finish Grading for Bulk Excavation by Machine297 $53.11SY Installation =x x 53.11 FactorUnit PriceQuantity Total 0.35 1.1324 134.00 31 23 16 33 0018 Compaction of Fill or Subbase for Bulk Excavation by MachinePer Lift298 $53.11SY Installation =x x 53.11 FactorUnit PriceQuantity Total 0.35 1.1324 134.00 31 23 16 36 0006 Excavation For Building Foundations And Other Structures By Hydraulic Excavator, Backhoe, Loader in Soil 299 $202.74CY Installation =x x 202.74 FactorUnit PriceQuantity Total 3.73 1.1324 48.00 Plumbing Slab underground 31 23 16 36 0006 0015 For >20 To 50, Add300 $152.19MOD Installation =x x 152.19 FactorUnit PriceQuantity Total 2.80 1.1324 48.00 31 23 16 36 0006 Excavation For Building Foundations And Other Structures By Hydraulic Excavator, Backhoe, Loader in Soil 301 $3,759.23CY Installation =x x 3,759.23 FactorUnit PriceQuantity Total 3.73 1.1324 890.00 31 23 16 36 0013 Relocating On Site Excavated Material From Excavation For Building Foundations and Other Structures >300' to 500' 302 $1,784.89CY Installation =x x 1,784.89 FactorUnit PriceQuantity Total 4.26 1.1324 370.00 31 23 16 36 0013 0021 For >250 To 500, Add303 $268.15MOD Installation =x x 268.15 FactorUnit PriceQuantity Total 0.64 1.1324 370.00 Page 27 of 30 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063152.00 City of Milton - Public Works Bldg Construction Proposal Name: $425,142.29 City of Milton - Public Works Bldg Construction Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 31 - Earthwork 31 23 16 36 0018 Backfilling Around Building Foundations And Other Structures By Hydraulic Excavator, Backhoe, Loader 304 $157.09CY Installation =x x 157.09 FactorUnit PriceQuantity Total 2.89 1.1324 48.00 Slab Underground plumbing 31 23 16 36 0018 0019 For >20 To 50, Add305 $117.95MOD Installation =x x 117.95 FactorUnit PriceQuantity Total 2.17 1.1324 48.00 31 23 16 36 0018 Backfilling Around Building Foundations And Other Structures By Hydraulic Excavator, Backhoe, Loader 306 $1,047.24CY Installation =x x 1,047.24 FactorUnit PriceQuantity Total 2.89 1.1324 320.00 31 23 16 36 0018 0021 For >250 To 500, Add307 $155.82MOD Installation =x x 155.82 FactorUnit PriceQuantity Total 0.43 1.1324 320.00 31 23 16 36 0021 Compaction Of Fill Or Subbase For Building Foundations and Other Structures by Vibratory Plate, Air Tamper, Etcetera 308 $230.47CY Installation =x x 230.47 FactorUnit PriceQuantity Total 4.24 1.1324 48.00 Slab underground plumbing 31 23 16 36 0021 Compaction Of Fill Or Subbase For Building Foundations and Other Structures by Vibratory Plate, Air Tamper, Etcetera 309 $1,008.29CY Installation =x x 1,008.29 FactorUnit PriceQuantity Total 4.24 1.1324 210.00 31 23 16 36 0024 Rough Grading For Building Foundations And Other Structures by Machine310 $2,156.57SY Installation =x x 2,156.57 FactorUnit PriceQuantity Total 0.61 1.1324 3,122.00 31 23 16 36 0025 Finish Grading For Building Foundations And Other Structures by Machine311 $1,718.61SY Installation =x x 1,718.61 FactorUnit PriceQuantity Total 0.99 1.1324 1,533.00 31 25 14 26 0008 3' High Silt Fence with Stakes at 4' On Center312 $364.63LF Installation =x x 364.63 FactorUnit PriceQuantity Total 1.15 1.1324 280.00 31 32 19 16 0006 6.0 Oz/SY, 70 Mil, 160 LB Grab Tensile Nonwoven Polypropylene Geotextile Fabric (Carthage Mills FX-60HS) 313 $203.58SY Installation =x x 203.58 FactorUnit PriceQuantity Total 1.01 1.1324 178.00 For stone stabilization $37,772.55Subtotal for 31 - Earthwork 32 - Exterior Improvements Page 28 of 30 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063152.00 City of Milton - Public Works Bldg Construction Proposal Name: $425,142.29 City of Milton - Public Works Bldg Construction Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 32 - Exterior Improvements 32 31 13 13 0024 6" Diameter, Concrete Fill For Post Hole314 $621.10VLF Installation =x x 621.10 FactorUnit PriceQuantity Total 8.57 1.1324 64.00 32 39 13 00 0004 6" Steel Pipe Bollard, Schedule 40, Painted Or Powder Coated315 $695.75LF Installation =x x 695.75 FactorUnit PriceQuantity Total X 9.60 1.1324 64.00 Labor only. Bollards onsite $1,316.85Subtotal for 32 - Exterior Improvements 33 - Utilities 33 11 13 00 0004 Up To 12" Diameter, Well Drilling Mobilization And Demobilization316 $573.37EA Installation =x x 573.37 FactorUnit PriceQuantity Total 506.33 1.1324 1.00 33 11 13 00 0010 10" Water Well Hole Drilled In Normal Soil, Sand, Gravel, O.B.317 $6,406.84LF Installation =x x 6,406.84 FactorUnit PriceQuantity Total 18.55 1.1324 305.00 33 11 13 00 0010 0177 For >250 To 400, Add318 $321.21MOD Installation =x x 321.21 FactorUnit PriceQuantity Total 0.93 1.1324 305.00 33 11 13 00 0051 8" Diameter, Steel Well Casing, Flush319 $3,089.19LF Installation =x x 3,089.19 FactorUnit PriceQuantity Total 27.28 1.1324 100.00 33 11 13 00 0128 1" Pressure Grout Well320 $2,805.54SF Installation =x x 2,805.54 FactorUnit PriceQuantity Total 2.79 1.1324 888.00 Grout casing to well 33 11 13 00 0141 1 HP Submersible Well Pump, 4" Diameter Stainless Steel321 $1,491.90EA Installation =x x 1,491.90 FactorUnit PriceQuantity Total 1,317.47 1.1324 1.00 33 34 13 13 0004 1,500 Gallon Precast Septic Tank322 $3,377.63EA Installation =x x 3,377.63 FactorUnit PriceQuantity Total 2,982.72 1.1324 1.00 33 34 53 13 0007 Standard Leaching Field Chamber 13' x 3'-7" x 1'-4"323 $958.26EA Installation =x x 958.26 FactorUnit PriceQuantity Total 846.22 1.1324 1.00 33 34 53 13 0008 Heavy Duty Leaching Field Chamber 13' x 3'-9" x 1'-6"324 $0.00EA Installation =x x 0.00 FactorUnit PriceQuantity Total 1,011.98 1.1324 0.00 $19,023.94Subtotal for 33 - Utilities Page 29 of 30 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063152.00 City of Milton - Public Works Bldg Construction The Percentage of NPP on this Proposal:% $425,142.29 This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding. Proposal Total Page 30 of 30 3/13/2019 Subcontractor Listing City of Milton Client - City of Milton Detailed Scope of Work March 13, 2019 City of Milton - Public Works Bldg Construction 063152.00Work Order Number: Work Order Title: Print Date: Contractor:GA02-1-072115-PCI - Prime Contractors, Inc. Brief Scope: To:From:Gary Frantz Prime Contractors, Inc. 3406 Florence Circle Powder Springs, GA 30127 Robert Buscemi City of Milton 2006 Heritage Walk Milton, GA 30004 813-205-9762 678-242-2607 The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work. Please see attached Detailed Scope of Work (DSOW) Detailed Scope: Owner Date Contractor Date Page 1 of 1Detailed Scope of Work 3/13/2019City of Milton Milton Public Works Building 750 Hickory Flat Rd Milton, GA 30004 1 Scope of Work Summary Scope (March 13, 2019) This work order consists of; Sitework, Engineering, Concrete, Metal Buildings, Carpentry, Electric, HVAC, Plumbing, Doors/Hardware, Roll-up Doors, Bath Hardware, Paint, Cabinets/Countertops, and Well System per detailed Scope of Work below 1.Drawings and Specifications Referenced and attached hereto; 1.1 Specifications created from plans dated 11/19/18. 2.Detailed Scope of Work The Contractor shall perform all work as described below per any and all attached specifications and drawings: 2.1 Site Work -Clear trees, underbrush and stumps from building site, septic area, and swales. Driveway at back not included Separate stumps from brush, limbs and log sections for ease of future grinding work (done by others). Grub roots from top soil. Move all debris from clearing operations over to dump site/grinding area, keeping stumps in a separate pile. Cut all debris into small pieces (no piece having a diameter larger than 3’’ shall be longer than 5’ in length) -Strip top soil from building & apron site. Haul top soil spoils to on-site stockpile/dump area. Rear driveway not included -Cut and fill approximately 4’ to create new pad of 50’x70’ and having (1) 20’ aprons and emergency generator pad area (level area of approx.70’x70’) along with drive lane and swales and septic “yard” area -Compact fill & gravel areas (up to 36’’ deep) in drive & pads, Proof roll pad -Install common, woven geo- textile underlayment to surface areas receiving stone for pad and aprons -Haul in and spread/install additional stone as needed to slab and apron as directed by engineer that includes 57 stone, GAB, #3 stone or Baby surge stone -Move debris as needed & level area for placement of the large concrete “bin” blocks -Relocate & re-install large concrete “bin” blocks as desired into 4 or 5 connected sections. Set up neatly, as before, 3 courses high, approximately 99 blocks -Spread seed & straw to affected areas around building Milton Public Works Building 750 Hickory Flat Rd Milton, GA 30004 2 -Backfill building slab and apron, fine grade swales -Work in compacted areas includes 6’’ of gravel and up to 30’’ of soils -Work with “unsuitable soils” is Not included in this bid, such as solid rock, wet soils, springs, trash pits or borrow pits -Fine grade & compact septic areas for proper drainage & grass installation -Install seed & straw over septic tank & field line areas to insure system performance -Any work with imported soils or borrow pits shall be “by the hour” skids, compactors, tandem dumps and mini –X tractors are available on an “Hourly” basis @ $99.00/per hour. Any additional work that is not in the above scope & bid that is needed or desired will be billed @ $99.00/per hour. 15 ton track hoe is $165.00/per hour 2.2 Engineering -Furnish Structural Engineering plans for the slab and Metal Building -Proposal does not include Architectural plans for permitting 2.3 Concrete -Pour 4000 PSI commercial exterior mix design , (7) inch thick interior slab -Pour (1) 4000 PSI side door entry slab for entry door -Pour (1) 4000 PSI front apron slab at Roll- Up doors to 4’ out from slab only -Pour monolithic 12 inch tall x 10 inch wide around the perimeter of slab -Pour 18 inch x 18 inch footing around perimeter of slab -Concrete footing and concrete wall to contain reinforcing steel, 2 continuous bars of #4 rebar with vertical 48 inch piece every 4 feet O.C. -Concrete slab will have 6x6x8 reinforcing wire in 8’x20’ panels. Panels will be overlapped 12” on all sides -BASF 25LV will be used as the concrete sealer for the slab -Install (8) steel 6” pipe bollards as shown on drawing labor only. Bollards onsite 2.4 Metal Buildings -Furnish and erect (1) 50’-0” x 70’-0” x 16’-0” metal building to the design code of IBC 2015 that includes Live Load of 20 psf, wind load 115 mph, wind exposure B, Risk Factor II, and Snow Load of 5 psf. -Includes 4:12 Roof Slope with 26 gauge 36” Rib Roof Panel Roof Cover, SMP and RT Profile and Standard 1 ¼” fasteners with Zac and self drill -Includes 24 gauge, SMP Wall Cover, RT Profile and Standard 1 ¼” fasteners with self drill -Includes Tapered RF Column type, with SWA Bypass and Cable, SWC with Bypass and Cable, EWB with Bypass and EWD with Bypass -Includes 26 gauge SMP Gutter and 26 gauge SMP Downspouts -Includes 26 gauge SMP, Eave, Rake, Framed Opening and Corners -Frame Finish is Standard Red Primer and Secondary Finish Pre-painted Red -Insulation at walls and ceiling included in price Milton Public Works Building 750 Hickory Flat Rd Milton, GA 30004 3 2.5 Carpentry -Frame 9 feet tall, 3 5/8” metal stud walls for (1) Breakroom, (1) Restroom, and (1) Janitorial Closet -Drywall all metal stud walls with ½ “ gypsum board -Moisture Resistant board at Bathroom walls and ceiling -Gypsum board ceiling at Janitorial Closet -Furr interior side of all exterior walls and add ¾” CDX plywood at 4 feet high -Wood blocking at bathroom walls included -Install 2x4, 15/16” grid and Armstrong 769 tile to ceilings of (1) Breakroom ceiling only 2.6 Electric -Furnish and install (1) new 200 amp service with new meter base, disconnect, 200 amp, 120/208 volt, 42 circuit panel, and stub outs for future diesel emergency generator -Furnish and install (15) new receptacles, (3) GFCI (6) single pole switch, (2) 3- way switch, (14) high bay LED fixture, (4) 1x4 LED wrap fixture as per drawing. Receptacles will have (2-3) devices per circuit -Private locate included in price -Remove all electric, lights, switches etc at 3 storage rooms -Furnish and install (1) 220 dedicated circuit in Bay area -Breakroom M/W and Refrigerator outlets will be to code (dedicated) -Remove (3) exterior lights and (2) exterior GFI 2.7 HVAC -Provide and install (1) Restroom exhaust fan and associated ducting to outside -Provide and install (1) ceiling mounted electric heater in the Restroom and (1) ceiling mounted heater in the Janitors closet -Provide and install (4) 60,000 BTU L.P. gas radiant heaters with thermostats in the Bay area -Provide and install (1) 2,000 CFM exhaust fan with back draft damper and intake louver. Intake louver and and exhaust fan to be interlocked with motorized damper 2.8 Plumbing -Furnish and install (1) ADA Mansfield water closet and (1) Mansfield wall hung ADA Lavatory with (1) Delta faucet -Furnish and install (1) 8 inch deep Breakroom sink with Delta faucet -Furnish and install (1) Acorn #A152400B-FRA Water Fountain -Furnish and install (1) Mop Sink Basin -Furnish and install (1) 30 gal. Rheem electric water heater -Furnish and install (2) Freeze Proof hose bibb -Waste lines to be PVC and water lines to be PEX. Water line to be insulated -Furnish and install 1500 gal Septic tank with 300 LF of field lines -Price includes water and sewer stubbed 5 Ft outside of Bldg slab Milton Public Works Building 750 Hickory Flat Rd Milton, GA 30004 4 -Furnish and install 1 inch and ¾” gas line from exterior wall of building connection provided by LP Tank supplier -LP tank and supply to building not included in price -Includes Fulton Co Septic permit 2.9 Doors/Hardware -Furnish and install (3) 3-0 x 7-0 x 5 5/8 metal jambs -Furnish and install (2) 3-0 x 7-0 x 8 ¼ metal jambs -Furnish and install (3) 3-0 x 7-0 x 1 ¾ PC Wood, RC Birch doors -Furnish and install (2) 3-0 x 7-0 x 1 ¾ Metal, Galvanized, Polystyrene doors -Furnish and install (3) hinge per door -Furnish and install (4) CRPI, Lockset ,SL-00 2-3/4 B.S. x ASA, finish 626 -Furnish and install (1) CRPI, Passage set, SL-30 2-3/4 B.S. x ASA, finish 626 -Furnish and install (1) CRPI, Privacy set, SL-20 2-3/4 B.S. x ASA, finish 626 -Furnish and install (1) LCN Door Closers -Furnish and install (1) NGP Weatherstripping, 160V 17’ x TEKS 36” x 84” -Furnish and install (1) NGP Sweep Strip, 200NA 36” x TEKS -Furnish and install (1) NGP Threshold, 425 36” 2.10 Roll-Up Doors -Furnish and install (2) 14 x 12 Roll-Up Door with chain hoist (DBCI Model 2500) -Insulated Doors are included 2.11 Bath Hardware -Provide and install (1) ASI 0264-1A Toilet Paper Dispenser -Provide and install (1) ASI 0347 Soap Dispenser -Provide and install (1) ASI 0620-1836 Mirror -Provide and install (1) ASI 3801-36 Grab Bar -Provide and install (1) ASI 3801-42 Grab Bar -Provide and install (1) ASI 0210 paper towel dispenser -Provide and install (3) Signs for Restroom, Breakroom, and Janitor Closet 2.12 Paint -Prime and paint (2) finish coats to gypsum board walls -Prime and paint (2) finish coats to (3) interior and (2) exterior doors and jambs -Prime and paint (2) epoxy finish coats to ceilings of Restroom and Janitor Room -Prime and paint (8) bollards -Apply epoxy paint to Restroom and Janitor floor -Apply Kure & Seal to Janitor Room, Break Room and -Paint Exterior metal walls only 2.13 Cabinets/Countertops Milton Public Works Building 750 Hickory Flat Rd Milton, GA 30004 5 -Furnish and install Plastic Laminate base and wall cabinets per plans to Breakroom -Furnish and install Plastic Laminate countertop with backsplash to Breakroom, includes sink and fixture cut-outs -Special Order colors are not included 2.14 Well System -Drill well estimated to 305 LF -Furnish and install estimated 100 LF of 6 inch thick, steel wall casing in well to bedrock -Grout casing to bedrock to an estimated 100 LF -Furnish and install 1 HP, 10 GPM, 2 wire Schaefer Submersible Pump (Pump set estimated to 280 LF). Includes 10/2 with ground Submersible Pump Cable -Furnish and install Schedule 120 Drop Pipe for pump -Furnish and install 44 Gallon Holding Tank -Furnish and install Artificial Rock Cover for Winterization -Proposal does not include material price increases or additional labor or materials which may be required should unforeseen problems arise after the work has started 3.Details that Apply to All Work Areas 3.1 Contractor shall utilize the latest issue of the NJPA Specifications for all work. 3.2 Contractor and all of their subcontractors on site will adhere to the security requirements of the campus including background checks and orientation classes 3.3 Contractor and subcontractors will at all times wear shirts identifying the company they are employed with, accompanied by a ___ badge 3.4 Contractor shall perform work, schedule deliveries and have access to areas of work during and after normal business hours as agreed upon and coordinated with Owners contact for this project:________________________________ 3.5 Contractor shall work with administrators to coordinate around scheduling conflicts with the occupation in the building 3.6 Contractor shall be responsible for all safety code compliance pertaining to their portion of work 3.7 Contractor shall maintain clean work areas at all times, remove and dispose of all demolished materials and construction debris, rubbish, and waste material from the property of the Owner on a daily basis unless noted otherwise 3.8 No tobacco or alcohol will be permitted on the property of the Owner or in the vehicles of the contractor or their subcontractors 3.9 No radios are permitted 3.10 All measurements and quantities supplied in this scope of work are approximate in nature and are supplied as a convenience for the contractor. The contractor is responsible for field verification of all measurements and quantities. Milton Public Works Building 750 Hickory Flat Rd Milton, GA 30004 6 3.11 Contractor shall verify all new and existing conditions and dimensions at job site. 3.12 Parking and staging areas will be made available for the Contractor by the Owner and will be coordinated with the Owner prior to beginning work. 3.13 Contractor is responsible for protection of all surfaces including those not in the scope of work from construction dust, debris or damage during construction up until final acceptance. The methods of protection including plastic, paper, sealing doors or windows, etc. 3.14 Contractor shall install and maintain 48” orange safety fencing around all staging areas or temporary facilities 3.15 Contractor shall not be required to pay Davis Bacon wage rates 4.Warranty 4.1 Provide all extended manufacturers warranties to the owner prior to project closeout. 4.2 Provide all documents necessary, addressed to ___ for appropriate energy rebate when applicable 5.Permitting: 5.1 At the time of issuance of a Purchase Order for this work, it is understood that permits are required. Contractor will be responsible for obtaining such applicable permits and the Owner will be responsible for the permit fees and any design necessary to obtain such permits or related approvals as described in the EZIQC master contract documents (i.e. permit fees are dollar for dollar reimbursable and professional design and engineering fees are paid for at hourly rates published in the Construction Task Catalog). At such time of requirement, a scope of work will be agreed upon and approved by all parties before start of additional work. 6.Submittals 6.1 The Contractor shall submit for approval the manufacturer’s cut sheets for materials and equipment utilized for this project prior to commencing any work. 6.2 All finishes and other standard submittals are to be provided to the Owner prior to installation by the contractor. 7.Project Schedule 7.1 Majority of work shall be completed during normal working hours 8:00 am – 5:00 pm Monday thru Friday. After hours and weekends when needed will be coordinated with the Owner at no additional cost. Total project duration is expected to be 16 weeks upon start date. 8. Clarifications Milton Public Works Building 750 Hickory Flat Rd Milton, GA 30004 7 8.1 The following items are specifically excluded by Contractor and are not part of this agreement. If at any time during work a hazardous material or unknown condition is uncovered, work will cease until the appropriate scope of work is agreed upon and executed as a supplemental work order package or remedied by the Owner: 8.1.1 Any item not included in the specifications or contract. 8.1.2 Permitting fees 8.1.3 Hazardous materials not in this scope of work 8.1.4 Architectural permit drawings 9.Owner Responsibilities 9.1 Coordinate any State/Local Fire Marshal approvals as necessary. 9.2 Provide access to the worksite during scheduled working hours. 9.3 Provide a staging area for project related materials. 9.4 Owner shall be responsible for re-routing employee and student traffic as necessary “EXHIBIT B-2” Work Order Signature Document Sourcewell EZIQC Contract No.: GA02-1-072115-PCI City of Milton - FS 43 Storage Bldg New Work Order 063150.00 Modify an Existing Work Order Work Order Title: Work Order Number:Work Order Date: X 03/13/2019 Contractor Name: Contact: Phone: Contact: Phone: Gary Frantz 813-205-9762 Owner Name: Robert Buscemi 678-242-2607 Prime Contractors, Inc.City of Milton Work to be Performed Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of Sourcewell EZIQC Contract No GA02-1-072115-PCI. Brief Work Order Description: Time of Performance See Schedule Section of the Detailed Scope of Work Will not apply:Will apply:Liquidated Damages X Work Order Firm Fixed Price: $131,685.14 Owner Purchase Order Number: Approvals Date DateContractorOwner 2.00 Page 1 of 1 3/13/2019 Work Order Signature Document City of Milton 3.00 Detailed Scope of Work To:From:Robert Buscemi City of Milton 2006 Heritage Walk Milton, GA 30004 Gary Frantz Prime Contractors, Inc. 3406 Florence Circle Powder Springs, GA 30127 813-205-9762 678-242-2607 Work Order Number: March 13, 2019Date Printed: 063150.00 City of Milton - FS 43 Storage BldgWork Order Title: Brief Scope: Revised FinalPreliminaryX The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work. Please see attached Detailed Scope of Work (DSOW) Contractor Date DateOwner Page 1 of 1 3/13/2019 Scope of Work City of Milton 4.00 Contractor's Price Proposal - Summary Owner PO #: City of Milton - FS 43 Storage Bldg 063150.00 GA02-1-072115-PCIIQC Master Contract #: Work Order Number: Work Order Title: March 13, 2019Date: Prime Contractors, Inc.Contractor: Proposal Name: $131,685.14 City of Milton - FS 43 Storage Bldg Proposal Value: $19,260.3401 - General Requirements $595.1002 - Site Work $17,869.0103 - Concrete $847.0406 - Wood, Plastic, and Composites $274.9007 - Thermal & Moisture Protection $7,328.9908 - Openings $3,406.8409 - Finishes $55,015.1313 - Special Construction $407.2123 - Heating, Ventilating, And Air-Conditioning (HVAC) $12,520.8926 - Electrical $13,238.1931 - Earthwork $921.5032 - Exterior Improvements This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding. The Percentage of NPP on this Proposal:% $131,685.14Proposal Total Page 1 of 1 3/13/2019 Contractor's Price Proposal - Summary City of Milton 5.00 Contractor's Price Proposal - Detail City of Milton - FS 43 Storage Bldg 063150.00 GA02-1-072115-PCIIQC Master Contract #: Work Order Number: Owner PO #: Work Order Title: March 13, 2019Date: Contractor: Prime Contractors, Inc. Proposal Name: $131,685.14 City of Milton - FS 43 Storage Bldg Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 01 - General Requirements 01 22 16 00 0002 Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs. The base cost of the Reimbursable Fee is $1.00. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee (e.g. quantity of 125 = $125.00 Reimbursable Fee). If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warrantee, expedited shipping costs, etc.). A copy of each receipt shall be submitted with the Price Proposal. 1 $2,005.41EA Installation =x x 2,005.41 FactorUnit PriceQuantity Total 1.00 1.1000 1,823.10 01 22 20 00 0053 Principal Engineer2 $2,038.32HR Installation =x x 2,038.32 FactorUnit PriceQuantity Total 200.00 1.1324 9.00 01 22 23 00 0056 20' Electric, Scissor Platform Lift3 $430.30WK Installation =x x 430.30 FactorUnit PriceQuantity Total 379.99 1.1324 1.00 01 22 23 00 0275 3,000 LB Capacity, 78" Wide, Tracked Skid-Steer Loader With Full-Time Operator 4 $4,037.14DAY Installation =x x 4,037.14 FactorUnit PriceQuantity Total 891.28 1.1324 4.00 01 22 23 00 0407 11,000 LB Mini-Excavator With Full-Time Operator5 $1,790.94DAY Installation =x x 1,790.94 FactorUnit PriceQuantity Total 790.77 1.1324 2.00 01 22 23 00 0985 8,000 LB Telescopic Boom, Hi-Reach, Rough Terrain Construction Forklift With Full-Time Operator 6 $3,631.83WK Installation =x x 3,631.83 FactorUnit PriceQuantity Total 3,207.20 1.1324 1.00 01 22 23 00 1365 13 CY Rear Dump Truck With Full-Time Truck Driver7 $1,284.27DAY Installation =x x 1,284.27 FactorUnit PriceQuantity Total 1,134.11 1.1324 1.00 01 71 13 00 0003 Equipment Delivery, Pickup, Mobilization And Demobilization Using A Tractor Trailer With Up To 53' BedIncludes delivery of equipment, off loading on site, rigging, dismantling, loading and transporting away. For equipment such as bulldozers, motor scrapers, hydraulic excavators, gradalls, road graders, loader-backhoes, heavy duty construction loaders, tractors, pavers, rollers, bridge finishers, straight mast construction forklifts, telescoping boom rough terrain construction forklifts, telescoping and articulating boom manlifts with >40' boom lengths, etc. 8 $679.44EA Installation =x x 679.44 FactorUnit PriceQuantity Total 300.00 1.1324 2.00 Page 1 of 13 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063150.00 City of Milton - FS 43 Storage Bldg Proposal Name: $131,685.14 City of Milton - FS 43 Storage Bldg Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 01 - General Requirements 01 71 23 16 0003 Ground Penetrating Radar (GPR) SurveyMinimum quantity is 1/2 acre per project. 9 $2,173.67ACR Installation =x x 2,173.67 FactorUnit PriceQuantity Total 5,484.36 1.1324 0.35 Locate for underground gas line 01 74 19 00 0016 40 CY Dumpster (5 Ton) "Construction Debris"Includes delivery of dumpster, rental cost, pick-up cost, hauling, and disposal fee. Non-hazardous material. 10 $1,189.02EA Installation =x x 1,189.02 FactorUnit PriceQuantity Total 525.00 1.1324 2.00 $19,260.34Subtotal for 01 - General Requirements 02 - Site Work 02 41 19 13 0015 Saw Cut Minimum ChargeFor projects where the total saw cutting charge is less than the minimum charge, use this task exclusively. This task should not be used in conjunction with any other tasks in this section. 11 $595.10EA Installation =x x 595.10 FactorUnit PriceQuantity Total 525.52 1.1324 1.00 Saw cut Curb and remove $595.10Subtotal for 02 - Site Work 03 - Concrete 03 05 00 00 0006 1% Non-Chloride Accelerating, Type C Concrete Admixture12 $311.64CY Installation =x x 311.64 FactorUnit PriceQuantity Total 6.88 1.1324 40.00 03 11 13 00 0003 Continuous Footings Foundation Wood Formwork13 $979.30SF Installation =x x 979.30 FactorUnit PriceQuantity Total 3.76 1.1324 230.00 03 11 13 00 0003 0001 For <1,000, Add14 $169.29MOD Installation =x x 169.29 FactorUnit PriceQuantity Total 0.65 1.1324 230.00 03 11 13 00 0010 >6" To 12" High Slab Edge and Block-Out Wood Formwork15 $732.48LF Installation =x x 732.48 FactorUnit PriceQuantity Total 4.12 1.1324 157.00 03 11 13 00 0010 0004 For Up To 250, Add16 $128.01MOD Installation =x x 128.01 FactorUnit PriceQuantity Total 0.72 1.1324 157.00 03 15 16 00 0003 1" x 2" Plain Asphalt Expansion Joint, Poured17 $291.31LF Installation =x x 291.31 FactorUnit PriceQuantity Total 3.43 1.1324 75.00 Page 2 of 13 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063150.00 City of Milton - FS 43 Storage Bldg Proposal Name: $131,685.14 City of Milton - FS 43 Storage Bldg Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 03 - Concrete 03 15 19 00 0015 7/8" Diameter x 12" Length, Plain Steel, J-Type Cast In Place Anchor Bolt18 $789.51EA Installation =x x 789.51 FactorUnit PriceQuantity Total 11.62 1.1324 60.00 03 15 19 00 0015 0151 For >50 To 100, Deduct19 -$42.80MOD Installation =x x -42.80 FactorUnit PriceQuantity Total -0.63 1.1324 60.00 03 21 11 00 0082 #5, Grade 40, Footings, Steel Reinforcement Bar20 $759.61LF Installation =x x 759.61 FactorUnit PriceQuantity Total 0.86 1.1324 780.00 03 22 11 00 0005 6" x 6" x #4, 58 LB/CSF, Plain Welded Wire Fabric Reinforcing Placed In Floors Or Slabs (W4.0 x W4.0) 21 $992.94SF Installation =x x 992.94 FactorUnit PriceQuantity Total 0.71 1.1324 1,235.00 03 31 13 00 0019 Concrete Pump, Place 3,000 PSI Concrete Continuous FootingsExcludes pumping equipment. 22 $1,890.85CY Installation =x x 1,890.85 FactorUnit PriceQuantity Total 185.53 1.1324 9.00 03 31 13 00 0019 0030 For 4,000 PSI Concrete, Add23 $147.17MOD Installation =x x 147.17 FactorUnit PriceQuantity Total 14.44 1.1324 9.00 03 31 13 00 0019 0039 For Up To 20, Add24 $71.75MOD Installation =x x 71.75 FactorUnit PriceQuantity Total 7.04 1.1324 9.00 03 31 13 00 0038 >6", By Concrete Pump, Place 3,000 PSI Concrete Slab On GradeExcludes pumping equipment. 25 $8,039.59CY Installation =x x 8,039.59 FactorUnit PriceQuantity Total 177.49 1.1324 40.00 03 31 13 00 0038 0030 For 4,000 PSI Concrete, Add26 $654.07MOD Installation =x x 654.07 FactorUnit PriceQuantity Total 14.44 1.1324 40.00 03 31 13 00 0038 0040 For >20 To 50, Add27 $65.23MOD Installation =x x 65.23 FactorUnit PriceQuantity Total 1.44 1.1324 40.00 03 31 13 00 0096 55' To 60' Boom Truck For Concrete Placement (95 CY Per Hour Rating)28 $468.71HR Installation =x x 468.71 FactorUnit PriceQuantity Total 137.97 1.1324 3.00 03 35 16 00 0006 Steel Trowel, Concrete Floor Finish29 $1,118.81SF Installation =x x 1,118.81 FactorUnit PriceQuantity Total 0.80 1.1324 1,235.00 03 39 33 00 0004 Clear Acrylic Sealer, Hardener And Dustproofer30 $231.01SF Installation =x x 231.01 FactorUnit PriceQuantity Total 0.17 1.1324 1,200.00 Page 3 of 13 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063150.00 City of Milton - FS 43 Storage Bldg Proposal Name: $131,685.14 City of Milton - FS 43 Storage Bldg Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 03 - Concrete 03 48 16 00 0002 Precast Concrete Splash Blocks, Standard Size31 $70.53EA Installation =x x 70.53 FactorUnit PriceQuantity Total 15.57 1.1324 4.00 $17,869.01Subtotal for 03 - Concrete 06 - Wood, Plastic, and Composites 06 16 33 00 0006 3/4" Thick CDX Plywood Roof DeckingApplied to wood rafters.32 $777.28SF Installation =x x 777.28 FactorUnit PriceQuantity Total 1.56 1.1324 440.00 06 16 33 00 0006 0007 For Application To Metal Studs, Joists, Or Rafters, Add33 $69.76MOD Installation =x x 69.76 FactorUnit PriceQuantity Total 0.14 1.1324 440.00 $847.04Subtotal for 06 - Wood, Plastic, and Composites 07 - Thermal & Moisture Protection 07 13 53 00 0020 6 Mil Polyethylene Vapor Barrier34 $225.57CSF Installation =x x 225.57 FactorUnit PriceQuantity Total 16.60 1.1324 12.00 07 13 53 00 0020 0017 For Joint Taping, Add35 $49.33MOD Installation =x x 49.33 FactorUnit PriceQuantity Total 3.63 1.1324 12.00 $274.90Subtotal for 07 - Thermal & Moisture Protection 08 - Openings 08 12 13 13 0008 3' x 6'-8" Through 7'-2" High, 4-3/4" Deep, 16 Gauge, Knock Down Hollow Metal Door Frame 36 $246.27EA Installation =x x 246.27 FactorUnit PriceQuantity Total 217.48 1.1324 1.00 08 12 13 13 0008 0075 For Galvanized Frames, Add37 $17.30MOD Installation =x x 17.30 FactorUnit PriceQuantity Total 15.28 1.1324 1.00 08 13 13 13 0018 3' x 7' x 1-3/4", 20 Gauge, Unrated, Hollow Metal Door38 $400.98EA Installation =x x 400.98 FactorUnit PriceQuantity Total 354.10 1.1324 1.00 08 13 13 13 0018 0103 For Galvanized Steel, Add39 $50.96MOD Installation =x x 50.96 FactorUnit PriceQuantity Total 45.00 1.1324 1.00 Page 4 of 13 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063150.00 City of Milton - FS 43 Storage Bldg Proposal Name: $131,685.14 City of Milton - FS 43 Storage Bldg Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 08 - Openings 08 13 13 13 0018 0113 For Insulated Door (Polystyrene Core), Add40 $33.97MOD Installation =x x 33.97 FactorUnit PriceQuantity Total 30.00 1.1324 1.00 08 33 23 00 0030 12' x 12', 24 Gauge Galvanized Steel Overhead Coiling Door, Chain Lift41 $3,444.94EA Installation =x x 3,444.94 FactorUnit PriceQuantity Total 3,042.16 1.1324 1.00 08 33 23 00 0030 0510 For Insulated, Add42 $2,153.01MOD Installation =x x 2,153.01 FactorUnit PriceQuantity Total 1,901.28 1.1324 1.00 08 71 23 00 0006 4-1/2" x 4-1/2" Standard Duty, Full Mortise, Plain Bearing, Brass/Bronze, Satin Chrome Finish Hinge 43 $87.83PR Installation =x x 87.83 FactorUnit PriceQuantity Total 51.71 1.1324 1.50 08 71 23 00 2240 Surface Mounted Standard Duty Door Closer (LCN 1460 Series)44 $274.15EA Installation =x x 274.15 FactorUnit PriceQuantity Total 242.10 1.1324 1.00 08 71 23 00 2262 Entrance/Office F04 Mortise LocksetLocked with key outside and thumb knob inside. 45 $446.20EA Installation =x x 446.20 FactorUnit PriceQuantity Total 394.03 1.1324 1.00 08 71 33 00 0067 For Sealing Up To 1-3/8" Gap, Bottom Mount, Vinyl Tack On Door Sweep (Pemko P361V) 46 $11.86LF Installation =x x 11.86 FactorUnit PriceQuantity Total 3.49 1.1324 3.00 08 71 33 00 0168 5/8" Cushion "V", Spring Bronze Perimeter Gasketing Weather-Strip (Pemko B73) 47 $90.48LF Installation =x x 90.48 FactorUnit PriceQuantity Total 4.70 1.1324 17.00 08 71 43 00 0010 5" Width, 1/4" Height, Aluminum Saddle Threshold (Pemko 271A)48 $71.04LF Installation =x x 71.04 FactorUnit PriceQuantity Total 20.91 1.1324 3.00 $7,328.99Subtotal for 08 - Openings 09 - Finishes 09 22 13 00 0004 1-1/2", 25 Gauge, 16" On Center, Installed On Walls, Hat Furring Channel49 $1,031.39SF Installation =x x 1,031.39 FactorUnit PriceQuantity Total 2.07 1.1324 440.00 09 22 13 00 0004 0431 For 22 Gauge, Add50 $169.41MOD Installation =x x 169.41 FactorUnit PriceQuantity Total 0.34 1.1324 440.00 Page 5 of 13 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063150.00 City of Milton - FS 43 Storage Bldg Proposal Name: $131,685.14 City of Milton - FS 43 Storage Bldg Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 09 - Finishes 09 91 13 00 0066 Paint Exterior Galvanized Walls, 2 Coats Paint, Sprayed51 $2,004.35SF Installation =x x 2,004.35 FactorUnit PriceQuantity Total 0.75 1.1324 2,360.00 Paint Exterior Metal walls 09 91 13 00 0224 Paint Exterior Metal Door Frame And Trim, 1 Coat Primer, Brush/Roller Work52 $12.90LF Installation =x x 12.90 FactorUnit PriceQuantity Total 0.67 1.1324 17.00 09 91 13 00 0226 Paint Exterior Metal Door Frame And Trim, 2 Coats Paint, Brush/Roller Work53 $28.11LF Installation =x x 28.11 FactorUnit PriceQuantity Total 1.46 1.1324 17.00 09 91 13 00 0231 Paint Exterior Metal Door, Both Faces, 1 Coat Primer, Brush/Roller Work54 $57.33EA Installation =x x 57.33 FactorUnit PriceQuantity Total 50.63 1.1324 1.00 09 91 13 00 0233 Paint Exterior Metal Door, Both Faces, 2 Coats Paint, Brush/Roller Work55 $103.35EA Installation =x x 103.35 FactorUnit PriceQuantity Total 91.27 1.1324 1.00 $3,406.84Subtotal for 09 - Finishes 13 - Special Construction 13 34 19 00 0006 14' Eave Height, 20' To 30' Wide, Up To 30' Long Clear Span Rigid Frame Building With 26 Gauge Roofing And Siding 56 $29,990.48GSF Installation =x x 29,990.48 FactorUnit PriceQuantity Total 22.07 1.1324 1,200.00 13 34 19 00 0006 0001 For 30' To 49' In Length Only, Add57 $4,158.17MOD Installation =x x 4,158.17 FactorUnit PriceQuantity Total 3.06 1.1324 1,200.00 13 34 19 00 0006 0005 For >3 In 12 Slope To 5 In 12 Slope, Add58 $1,494.77MOD Installation =x x 1,494.77 FactorUnit PriceQuantity Total 1.10 1.1324 1,200.00 13 34 19 00 0006 0008 For 20 PSF Live Load And 30 PSF (110 MPH) Wind Load, Add59 $3,601.03MOD Installation =x x 3,601.03 FactorUnit PriceQuantity Total 2.65 1.1324 1,200.00 13 34 19 00 0111 Single Door, Metal Frame Rough Opening60 $289.03EA Installation =x x 289.03 FactorUnit PriceQuantity Total 255.24 1.1324 1.00 13 34 19 00 0113 10' x 10' Overhead Door, Metal Frame Rough Opening61 $1,035.69EA Installation =x x 1,035.69 FactorUnit PriceQuantity Total 457.30 1.1324 2.00 Page 6 of 13 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063150.00 City of Milton - FS 43 Storage Bldg Proposal Name: $131,685.14 City of Milton - FS 43 Storage Bldg Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 13 - Special Construction 13 34 19 00 0126 Upgrade To 4" Thick Insulated Roof Panel, Metal-Span III, CFR-4224 gauge exterior and 24 gauge interior panels. 62 $9,847.35SF Installation =x x 9,847.35 FactorUnit PriceQuantity Total 10.87 1.1324 800.00 13 34 19 00 0136 6" Thick, R-19, Foil/Scrim/Kraft (FSK), Faced Metal Building Insulation63 $3,440.23SF Installation =x x 3,440.23 FactorUnit PriceQuantity Total 1.55 1.1324 1,960.00 13 34 19 00 0194 Pre-Engineered Standard Type Gutter, Painted64 $749.20LF Installation =x x 749.20 FactorUnit PriceQuantity Total 8.27 1.1324 80.00 13 34 19 00 0195 Pre-Engineered Standard Type Downspout, Painted65 $409.18LF Installation =x x 409.18 FactorUnit PriceQuantity Total 6.23 1.1324 58.00 $55,015.13Subtotal for 13 - Special Construction 23 - Heating, Ventilating, And Air-Conditioning (HVAC) 23 34 16 00 0231 52" 5-Blade Ceiling Fan, Three Speed66 $407.21EA Installation =x x 407.21 FactorUnit PriceQuantity Total 359.60 1.1324 1.00 $407.21Subtotal for 23 - Heating, Ventilating, And Air-Conditioning (HVAC) 26 - Electrical 26 05 19 16 0014 #12 AWG Cable - Type THHN-THWN, 600 Volt Copper, Single Solid, Placed In Conduit 67 $828.40MLF Installation =x x 828.40 FactorUnit PriceQuantity Total 365.77 1.1324 2.00 26 05 19 16 0127 #6 AWG Cable - Type THHN-THWN, 600 Volt Single Stranded Copper, Underground Feeder And Branch Circuit 68 $731.39MLF Installation =x x 731.39 FactorUnit PriceQuantity Total 922.68 1.1324 0.70 26 05 19 16 0130 #1 AWG Cable - Type THHN-THWN, 600 Volt Single Stranded Copper, Underground Feeder And Branch Circuit 69 $975.97MLF Installation =x x 975.97 FactorUnit PriceQuantity Total 2,154.65 1.1324 0.40 26 05 19 16 0213 #12 AWG Cable - Type MC, 2 Conductors, Solid Or Stranded, Aluminum Armor70 $1,045.04MLF Installation =x x 1,045.04 FactorUnit PriceQuantity Total 1,845.70 1.1324 0.50 26 05 19 16 0248 1-1/4" Armored Cable Connector71 $96.03EA Installation =x x 96.03 FactorUnit PriceQuantity Total 5.30 1.1324 16.00 Page 7 of 13 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063150.00 City of Milton - FS 43 Storage Bldg Proposal Name: $131,685.14 City of Milton - FS 43 Storage Bldg Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 26 - Electrical 26 05 26 00 0089 1/2" To 1" Conductor, Bonding Jumper - Metallic Conduit72 $1,749.71EA Installation =x x 1,749.71 FactorUnit PriceQuantity Total 90.89 1.1324 17.00 26 05 26 00 0089 0391 For Personal Protective Equipment (Arc Flash) When Working On Energized Equipment, Add 73 $301.47MOD Installation =x x 301.47 FactorUnit PriceQuantity Total 15.66 1.1324 17.00 26 05 29 00 0167 1/2", One Hole Steel Conduit Strap74 $110.41EA Installation =x x 110.41 FactorUnit PriceQuantity Total 1.95 1.1324 50.00 26 05 29 00 0171 1-1/2", One Hole Steel Conduit Strap75 $27.52EA Installation =x x 27.52 FactorUnit PriceQuantity Total 2.43 1.1324 10.00 26 05 29 00 0173 2-1/2", One Hole Steel Conduit Strap76 $41.45EA Installation =x x 41.45 FactorUnit PriceQuantity Total 3.66 1.1324 10.00 26 05 29 00 0267 1-1/2" Diameter, Electrical Metallic Tubing (EMT) Conduit Clamp For Unistrut Channel 77 $71.68EA Installation =x x 71.68 FactorUnit PriceQuantity Total 4.22 1.1324 15.00 26 05 33 13 0065 1-1/2" Rigid Galvanized Steel (RGS) Conduit With Threaded Coupling78 $176.65LF Installation =x x 176.65 FactorUnit PriceQuantity Total 7.80 1.1324 20.00 26 05 33 13 0065 0017 For Installation In Concrete Beam, Slab, Etc. (Excludes Concrete), Add79 $14.04MOD Installation =x x 14.04 FactorUnit PriceQuantity Total 0.62 1.1324 20.00 26 05 33 13 0065 0026 For Installation Above 14', Add80 $14.04MOD Installation =x x 14.04 FactorUnit PriceQuantity Total 0.62 1.1324 20.00 26 05 33 13 0078 1-1/2" Rigid Galvanized Steel (RGS) 90 Degree Standard Radius Elbow81 $88.67EA Installation =x x 88.67 FactorUnit PriceQuantity Total 39.15 1.1324 2.00 26 05 33 13 0078 0026 For Installation Above 14', Add82 $7.81MOD Installation =x x 7.81 FactorUnit PriceQuantity Total 3.45 1.1324 2.00 26 05 33 13 0364 1-1/2" Rigid Galvanized Steel (RGS) To Electrical Metallic Tubing (EMT) Connector 83 $46.99EA Installation =x x 46.99 FactorUnit PriceQuantity Total 20.75 1.1324 2.00 Page 8 of 13 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063150.00 City of Milton - FS 43 Storage Bldg Proposal Name: $131,685.14 City of Milton - FS 43 Storage Bldg Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 26 - Electrical 26 05 33 13 0364 0026 For Installation Above 14', Add84 $4.67MOD Installation =x x 4.67 FactorUnit PriceQuantity Total 2.06 1.1324 2.00 26 05 33 13 0375 1-1/2" Rigid Galvanized Steel (RGS) Water Tight Conduit Hubs85 $56.33EA Installation =x x 56.33 FactorUnit PriceQuantity Total 24.87 1.1324 2.00 26 05 33 13 0462 1-1/2" Rigid Galvanized Steel (RGS) Threaded Coupling86 $37.87EA Installation =x x 37.87 FactorUnit PriceQuantity Total 16.72 1.1324 2.00 26 05 33 13 0593 1/2" Electrical Metallic Tubing (EMT) Conduit87 $1,100.69LF Installation =x x 1,100.69 FactorUnit PriceQuantity Total 2.43 1.1324 400.00 26 05 33 13 0593 0019 For >250 To 500, Deduct88 -$9.06MOD Installation =x x -9.06 FactorUnit PriceQuantity Total -0.02 1.1324 400.00 26 05 33 13 0593 0022 For Installation In Metal Stud Wall, Add89 $95.12MOD Installation =x x 95.12 FactorUnit PriceQuantity Total 0.21 1.1324 400.00 26 05 33 13 0593 0026 For Installation Above 14', Add90 $140.42MOD Installation =x x 140.42 FactorUnit PriceQuantity Total 0.31 1.1324 400.00 26 05 33 13 0597 1-1/2" Electrical Metallic Tubing (EMT) Conduit91 $115.05LF Installation =x x 115.05 FactorUnit PriceQuantity Total 5.08 1.1324 20.00 26 05 33 13 0597 0026 For Installation Above 14', Add92 $10.87MOD Installation =x x 10.87 FactorUnit PriceQuantity Total 0.48 1.1324 20.00 26 05 33 13 0608 1-1/2" Electrical Metallic Tubing (EMT) 90 Degree Elbow93 $52.59EA Installation =x x 52.59 FactorUnit PriceQuantity Total 11.61 1.1324 4.00 26 05 33 13 0619 1-1/2" Electrical Metallic Tubing (EMT) Set Screw Coupling94 $107.35EA Installation =x x 107.35 FactorUnit PriceQuantity Total 6.32 1.1324 15.00 26 05 33 13 0626 1/2 Electrical Metallic Tubing (EMT) Compression Coupling95 $146.76EA Installation =x x 146.76 FactorUnit PriceQuantity Total 3.24 1.1324 40.00 26 05 33 13 0630 1-1/2" Electrical Metallic Tubing (EMT) Compression Coupling96 $146.42EA Installation =x x 146.42 FactorUnit PriceQuantity Total 8.62 1.1324 15.00 Page 9 of 13 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063150.00 City of Milton - FS 43 Storage Bldg Proposal Name: $131,685.14 City of Milton - FS 43 Storage Bldg Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 26 - Electrical 26 05 33 13 0659 1/2" Electrical Metallic Tubing (EMT) Straight Box Compression Connector97 $135.89EA Installation =x x 135.89 FactorUnit PriceQuantity Total 3.00 1.1324 40.00 26 05 33 13 0663 1-1/2" Electrical Metallic Tubing (EMT) Straight Box Compression Connector98 $35.65EA Installation =x x 35.65 FactorUnit PriceQuantity Total 7.87 1.1324 4.00 26 05 33 16 0004 2-1/8" Depth, 4" Square Steel Box99 $97.39EA Installation =x x 97.39 FactorUnit PriceQuantity Total 17.20 1.1324 5.00 26 05 33 16 0004 0449 For Stud Bracket, Add100 $3.68MOD Installation =x x 3.68 FactorUnit PriceQuantity Total 0.65 1.1324 5.00 26 05 33 16 0007 2-1/8" Depth, 4" Square Steel Extension Ring101 $62.23EA Installation =x x 62.23 FactorUnit PriceQuantity Total 10.99 1.1324 5.00 26 05 33 16 0037 2-1/8" Depth, 4-11/16" Square Steel Box102 $257.47EA Installation =x x 257.47 FactorUnit PriceQuantity Total 17.49 1.1324 13.00 26 05 33 16 0037 0451 For Stud Bracket, Add103 $4.62MOD Installation =x x 4.62 FactorUnit PriceQuantity Total 0.34 1.1324 12.00 26 05 33 23 0369 #AL3346G GFCI/Surge Receptacle Cover104 $15.11EA Installation =x x 15.11 FactorUnit PriceQuantity Total 13.34 1.1324 1.00 26 24 16 00 0010 100 Amp Rating, 20 - 20 Amp Breakers, 120/240 Volt, 3 Wire, 1 Phase Assembled Panelboard, Main Lugs, 24 Circuit Capacity 105 $1,514.47EA Installation =x x 1,514.47 FactorUnit PriceQuantity Total 1,337.40 1.1324 1.00 26 24 19 00 0297 Heater Module106 $47.95EA Installation =x x 47.95 FactorUnit PriceQuantity Total 42.34 1.1324 1.00 26 24 19 00 0577 2.4/4.8 KV Space Heaters107 $175.47EA Installation =x x 175.47 FactorUnit PriceQuantity Total 154.95 1.1324 1.00 26 27 13 00 0004 100 Amp, 1 Phase, 3 Wire, 5 Terminal Meter Socket With Bypass108 $157.77EA Installation =x x 157.77 FactorUnit PriceQuantity Total 139.32 1.1324 1.00 26 27 26 00 0018 20 Amp, NEMA 5-20, Duplex Receptacle, 125 Volt, 1 Phase109 $58.61EA Installation =x x 58.61 FactorUnit PriceQuantity Total 12.94 1.1324 4.00 Page 10 of 13 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063150.00 City of Milton - FS 43 Storage Bldg Proposal Name: $131,685.14 City of Milton - FS 43 Storage Bldg Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 26 - Electrical 26 27 26 00 0070 20 Amp, 120 Volt, Ground Fault Circuit Interrupter (GFCI), Weatherproof Duplex Receptacle 110 $44.11EA Installation =x x 44.11 FactorUnit PriceQuantity Total 38.95 1.1324 1.00 26 27 26 00 0138 1 Gang, 20 Amp, 120/277 Volt, SPST, Switch Assembly111 $54.68EA Installation =x x 54.68 FactorUnit PriceQuantity Total 48.29 1.1324 1.00 26 27 26 00 0255 1 Gang, 302 Stainless Steel Switch Plate With Satin Finish112 $5.47EA Installation =x x 5.47 FactorUnit PriceQuantity Total 4.83 1.1324 1.00 26 27 26 00 0261 1 Gang, 302 Stainless Steel Duplex Receptacle Wall Plate With Satin Finish113 $24.32EA Installation =x x 24.32 FactorUnit PriceQuantity Total 5.37 1.1324 4.00 26 51 13 00 0277 4' Length, 2,800 Lumens, LED Striplight Fixture (Lithonia ZL1)114 $1,006.25EA Installation =x x 1,006.25 FactorUnit PriceQuantity Total 222.15 1.1324 4.00 CTC match for (2) 8 LF long strip lights 26 52 00 00 0052 10 Max Wattage At 90 Minutes, LED Lamps, Gasketed Aluminum Die-Cast Housing, Outdoor Emergency Light With Heater (Dual-Lite PG Series) 115 $487.40EA Installation =x x 487.40 FactorUnit PriceQuantity Total 430.41 1.1324 1.00 $12,520.89Subtotal for 26 - Electrical 31 - Earthwork 31 05 16 00 0008 #57 Stone Aggregate Fill (#4 To 1")116 $976.19CY Installation =x x 976.19 FactorUnit PriceQuantity Total 57.47 1.1324 15.00 For slab 31 05 16 00 0027 Aggregate PlacementIncludes Spreading, Grading, Compaction Rolling117 $343.97CY Installation =x x 343.97 FactorUnit PriceQuantity Total 20.25 1.1324 15.00 31 11 00 00 0006 Clear And Grub Heavy Trees Up To 16" Diameter, Cut And ChipIncludes grub and removal of stump 118 $1,414.24ACR Installation =x x 1,414.24 FactorUnit PriceQuantity Total 4,995.55 1.1324 0.25 31 23 16 33 0009 Cutting, Shaping and Rough Grading Existing Elevations For Bulk Excavation by Machine 119 $1,527.61CY Installation =x x 1,527.61 FactorUnit PriceQuantity Total 3.55 1.1324 380.00 Page 11 of 13 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063150.00 City of Milton - FS 43 Storage Bldg Proposal Name: $131,685.14 City of Milton - FS 43 Storage Bldg Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 31 - Earthwork 31 23 16 36 0006 Excavation For Building Foundations And Other Structures By Hydraulic Excavator, Backhoe, Loader in Soil 120 $38.01CY Installation =x x 38.01 FactorUnit PriceQuantity Total 3.73 1.1324 9.00 Dig footings 31 23 16 36 0006 0014 For Up To 20, Add121 $38.01MOD Installation =x x 38.01 FactorUnit PriceQuantity Total 3.73 1.1324 9.00 31 23 16 36 0006 Excavation For Building Foundations And Other Structures By Hydraulic Excavator, Backhoe, Loader in Soil 122 $2,808.86CY Installation =x x 2,808.86 FactorUnit PriceQuantity Total 3.73 1.1324 665.00 31 23 16 36 0018 Backfilling Around Building Foundations And Other Structures By Hydraulic Excavator, Backhoe, Loader 123 $1,570.87CY Installation =x x 1,570.87 FactorUnit PriceQuantity Total 2.89 1.1324 480.00 31 23 16 36 0021 Compaction Of Fill Or Subbase For Building Foundations and Other Structures by Vibratory Plate, Air Tamper, Etcetera 124 $3,192.92CY Installation =x x 3,192.92 FactorUnit PriceQuantity Total 4.24 1.1324 665.00 31 23 16 36 0024 Rough Grading For Building Foundations And Other Structures by Machine125 $435.18SY Installation =x x 435.18 FactorUnit PriceQuantity Total 0.61 1.1324 630.00 31 23 16 36 0025 Finish Grading For Building Foundations And Other Structures by Machine126 $706.28SY Installation =x x 706.28 FactorUnit PriceQuantity Total 0.99 1.1324 630.00 31 25 14 26 0008 3' High Silt Fence with Stakes at 4' On Center127 $143.25LF Installation =x x 143.25 FactorUnit PriceQuantity Total 1.15 1.1324 110.00 31 25 14 26 0020 Place Hay BalesIncludes securing in ground with stakes.128 $42.80LF Installation =x x 42.80 FactorUnit PriceQuantity Total 1.89 1.1324 20.00 $13,238.19Subtotal for 31 - Earthwork 32 - Exterior Improvements 32 31 13 13 0008 8" Diameter Hole, Auger By Machine Fence Post Hole In Soil129 $263.08VLF Installation =x x 263.08 FactorUnit PriceQuantity Total 7.26 1.1324 32.00 32 31 13 13 0024 6" Diameter, Concrete Fill For Post Hole130 $310.55VLF Installation =x x 310.55 FactorUnit PriceQuantity Total 8.57 1.1324 32.00 Page 12 of 13 3/13/2019 Contractor's Price Proposal - Detail City of Milton Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:063150.00 City of Milton - FS 43 Storage Bldg Proposal Name: $131,685.14 City of Milton - FS 43 Storage Bldg Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X) 32 - Exterior Improvements 32 39 13 00 0004 6" Steel Pipe Bollard, Schedule 40, Painted Or Powder Coated131 $347.87LF Installation =x x 347.87 FactorUnit PriceQuantity Total X 9.60 1.1324 32.00 Labor only. Bollards onsite $921.50Subtotal for 32 - Exterior Improvements The Percentage of NPP on this Proposal:% $131,685.14 This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding. Proposal Total Page 13 of 13 3/13/2019 Subcontractor Listing City of Milton Client - City of Milton Detailed Scope of Work March 13, 2019 City of Milton - FS 43 Storage Bldg 063150.00Work Order Number: Work Order Title: Print Date: Contractor:GA02-1-072115-PCI - Prime Contractors, Inc. Brief Scope: To:From:Gary Frantz Prime Contractors, Inc. 3406 Florence Circle Powder Springs, GA 30127 Robert Buscemi City of Milton 2006 Heritage Walk Milton, GA 30004 813-205-9762 678-242-2607 The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work. Please see attached Detailed Scope of Work (DSOW) Detailed Scope: Owner Date Contractor Date Page 1 of 1Detailed Scope of Work 3/13/2019City of Milton Milton Fire Station Storage Building 750 Hickory Flat Rd Milton, GA 30004 1 Scope of Work Summary Scope (March 13, 2019) This work order consists of; installing (1) Metal Storage Building per the drawings and Scope of Work below that includes Site work, Concrete slab, Erection of building, Mechanical, Electrical, Plumbing, and Exterior doors per Scope of Work 1.Drawings and Specifications Referenced and attached hereto; 1.1 Specifications created from plans dated 11/19/18. 2.Detailed Scope of Work The Contractor shall perform all work as described below per any and all attached specifications and drawings: 2.1 Site Work -Clear out existing stumps and downed brush, load and haul to onsite dump area -Clear trees and underbrush from area to be graded. Saw up, load out and haul to on-site dump area. Saw off large limb from Oak tree above the right, rear of future building, -Excavate for new building and swales, approximately 68’wide, 48’ length and 60’’ deep average cut. Load out spoils -Dig for tall ditch on left side and drain out the back -Pile up excess dirt between new building and detention pond -Fine grade for new slab -Saw cut curb, (gutter portion of curb will remain) demo back of curb. Load out and haul to dump site. Could be re-purposed as rip-rap later -Backfill new slab. Grade for exit door pads -Fine grade for slopes and swales -Install new slope matting blankets and seed in swales and on slopes -Haul in and spread 27.5 tons of #57 stone or gab to new slab pad 2.2 Engineering -Furnish Structural Engineering plans for the slab only -Price does not include Architectural plans for permitting -Permit fees are the responsibility of the City of Milton Milton Fire Station Storage Building 750 Hickory Flat Rd Milton, GA 30004 2 2.3 Concrete -Pour 4000 PSI commercial exterior mix design , (7) inch thick interior slab -Pour (1) side door entry slab for entry door -Pour 18 inch x 18 inch footing around perimeter of slab -Concrete footing and concrete wall to contain reinforcing steel, 2 continuous bars of #4 rebar with vertical 48 inch piece every 4 feet O.C. -Concrete slab will have 6x6x8 reinforcing wire in 8’x20’ panels. Panels will be overlapped 12” on all sides -BASF 25LV will be used as the concrete sealer for the slab -Install (2) steel 6” pipe bollards as shown on drawing labor only. Bollards onsite 2.4 Metal Buildings -Furnish and erect (1) 30’-0” x 40’-0” x 14’-0” metal building to the design code of IBC 2013 that includes Live Load of 20 psf, wind load 115 mph, wind exposure B, Risk Factor II, and Snow Load of 5 psf. -Includes 4:12 Roof Slope with 26 gauge 36” Rib Roof Panel Roof Cover, GL and RT Profile and Standard 1 ¼” fasteners with Zac and self drill -Includes 24 gauge, SMP Wall Cover, RT Profile and Standard 1 ¼” fasteners with self drill -Includes Tapered RF Column type, with SWA Bypass and Cable, SWC with Bypass and Cable, EWB with Bypass and EWD with Bypass -Includes 26 gauge SMP Gutter and 26 gauge SMP Downspouts -Includes 26 gauge SMP, Eave, Rake, Framed Opening and Corners -Frame Finish is Standard Red Primer and Secondary Finish Pre-painted Red -Insulation at walls and ceiling included in price 2.5 Framing -Furr interior side of exterior walls with metal furring -Install 5/8” CDX Plywood to 4 feet high at interior side of exterior walls 2.6 Electric -Furnish and install (1) 100 amp, 120/208 volt, 24 circuit panel to feed new devices in Storage Building -Furnish and install (1) meter/disconnect combo and service on exterior of building for power company to tie into -Furnish and install (4) quad receptacles, (1) light switch, (1) 20 amp GFCI receptacle and (2) 1X8 strip lights as per drawings. Receptacles will have (2) devices per circuit -Private locate included in price -Furnish and install (1) 52” ceiling fan in center -Furnish and install (1) electric wall heater and power to it 2.7 Doors/Hardware Milton Fire Station Storage Building 750 Hickory Flat Rd Milton, GA 30004 3 -Furnish and install (1) Metal 3-0 x 7-0 x 8 ¼ jamb -Furnish and install (1) Metal 3-0 x 7-0 x 1 ¾ Galvanized Polystyrene Core door -Furnish and install (3) Hinge 41/2 x 4 ½ -Furnish and install (1) CRPI Lockset SL-00 2-3/4 B.S. x ASA, finish 626/US26D -Furnish and install (1) LCN Door Closer, P1461 x TBSRT -Furnish and install (1) NGP Sweep Strip, 200NA 36” x TEKS -Furnish and install (1) NGP Threshold, 425 36” -Furnish and install NGP Weatherstripping, 160V 17’ x TEKS 36” x 84” 2.8 Rollup Doors -Furnish and install (1) 12 x 12 roll-up door with chain hoist (DBCI model 2000) -Price includes Insulated doors 2.9 Paint -Prime and paint (2) coats of paint to (1) exterior entry door and jamb -Paint exterior walls only 3.Details that Apply to All Work Areas 3.1 Contractor shall utilize the latest issue of the NJPA Specifications for all work. 3.2 Contractor and all of their subcontractors on site will adhere to the security requirements of the campus including background checks and orientation classes 3.3 Contractor and subcontractors will at all times wear shirts identifying the company they are employed with, accompanied by a ___ badge 3.4 Contractor shall perform work, schedule deliveries and have access to areas of work during and after normal business hours as agreed upon and coordinated with Owners contact for this project:________________________________ 3.5 Contractor shall work with administrators to coordinate around scheduling conflicts with the occupation in the building 3.6 Contractor shall be responsible for all safety code compliance pertaining to their portion of work 3.7 Contractor shall maintain clean work areas at all times, remove and dispose of all demolished materials and construction debris, rubbish, and waste material from the property of the Owner on a daily basis unless noted otherwise 3.8 No tobacco or alcohol will be permitted on the property of the Owner or in the vehicles of the contractor or their subcontractors 3.9 No radios are permitted 3.10 All measurements and quantities supplied in this scope of work are approximate in nature and are supplied as a convenience for the contractor. The contractor is responsible for field verification of all measurements and quantities. Milton Fire Station Storage Building 750 Hickory Flat Rd Milton, GA 30004 4 3.11 Contractor shall verify all new and existing conditions and dimensions at job site. 3.12 Parking and staging areas will be made available for the Contractor by the Owner and will be coordinated with the Owner prior to beginning work. 3.13 Contractor is responsible for protection of all surfaces including those not in the scope of work from construction dust, debris or damage during construction up until final acceptance. The methods of protection including plastic, paper, sealing doors or windows, etc. 3.14 Contractor shall install and maintain 48” orange safety fencing around all staging areas or temporary facilities 3.15 Contractor shall not be required to pay Davis Bacon wage rates 4.Warranty 4.1 Provide all extended manufacturers warranties to the owner prior to project closeout. 4.2 Provide all documents necessary, addressed to ___ for appropriate energy rebate when applicable 5.Permitting: 5.1 At the time of issuance of a Purchase Order for this work, it is understood that permits are required. Owner will be responsible for compensating the Contractor for permit fees and any design necessary to obtain such permits or related approvals as described in the EZIQC master contract documents (i.e. permit fees are dollar for dollar reimbursable and professional design and engineering fees are paid for at hourly rates published in the Construction Task Catalog). At such time of requirement, a scope of work will be agreed upon and approved by all parties before start of additional work. 6.Submittals 6.1 The Contractor shall submit for approval the manufacturer’s cut sheets for materials and equipment utilized for this project prior to commencing any work. 6.2 All finishes and other standard submittals are to be provided to the Owner prior to installation by the contractor. 7.Project Schedule 7.1 Majority of work shall be completed during normal working hours 8:00 am – 5:00 pm Monday thru Friday. After hours and weekends when needed will be coordinated with the Owner at no additional cost. Total project duration is expected to be 12 weeks upon start date. 8. Clarifications Milton Fire Station Storage Building 750 Hickory Flat Rd Milton, GA 30004 5 8.1 The following items are specifically excluded by Contractor and are not part of this agreement. If at any time during work a hazardous material or unknown condition is uncovered, work will cease until the appropriate scope of work is agreed upon and executed as a supplemental work order package or remedied by the Owner: 8.1.1 Any item not included in the specifications or contract. 8.1.2 Permitting fees 8.1.3 Hazardous materials not in this scope of work 9.Owner Responsibilities 9.1 Coordinate any State/Local Fire Marshal approvals as necessary. 9.2 Provide access to the worksite during scheduled working hours. 9.3 Provide a staging area for project related materials. 9.4 Owner shall be responsible for re-routing employee and student traffic as necessary “EXHIBIT C” See Exhibits A, B-1, B-2 and H “EXHIBIT D.1” PERFORMANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT _Prime Contractors, Inc._ (as CONTRACTOR, hereinafter referred to as the “Principal”), and _____________________ (as SURETY COMPANY, hereinafter referred to as the “CONTRACTOR’S SURETY”), are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of the City, in the sum of Five Hundred Fifty-six Thousand, Eight Hundred Twenty-seven Dollars and Forty-three Cents ($556,827.43), 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 Milton Public Works Maintenance Building and Milton Fire Storage Building (hereinafter referred to as “the PROJECT”), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the “CONTRACT”),. 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 Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor’s Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions, and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach or default of the Contract: a. The Contractor’s Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) 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 Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor’s Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys-in-fact, as set forth below. CONTRACTOR (“Principal”): Prime Contractors, Inc. By: __________________________ (signature) __________________________ (print) Title: ___________________________ (SEAL) Attest: Date: ___________________________ _____________________ (signature) _____________________ (print) Title: ________________ Date:_________________ CONTRACTOR’S SURETY: _________________________ By: __________________________ (signature) __________________________ (print) Title: __________________________ (SEAL) Attest: Date: __________________________ _____________________ (signature) _____________________ (print) Title: ________________ Date:_________________ (ATTACH SURETY’S POWER OF ATTORNEY) “EXHIBIT D.2” PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT _Prime Contractors, Inc. (as CONTRACTOR, hereinafter referred to as the “Principal”), and _______________________ (as SURETY COMPANY, hereinafter referred to as the “CONTRACTOR’S SURETY”), are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of Five Hundred Fifty-six Thousand, Eight Hundred Twenty-seven Dollars and Forty-three Cents ($556,827.43), 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 Milton Public Works Maintenance Building and Milton Fire Storage Building (hereinafter referred to as “the PROJECT”), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the “CONTRACT”). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services, and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A “Claimant” shall be defined herein as any subcontractor, person, party, partnership, corporation, or other entity furnishing labor, services, or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services, or materials were sold, leased, or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a lien against the property of the City affected by the Contract, the Contractor’s Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by 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. [SIGNATURES ON FOLLOWING PAGE] CONTRACTOR: Prime Contractors, Inc. By: __________________________ (signature) __________________________ (printed) Title: __________________________ (SEAL) Date: __________________________ Attest: ______________________ (signature) ______________________ (printed) Title: _________________ Date:__________________ CONTRACTOR’S SURETY: _________________________ By: _________________________ (signature) _________________________ (printed) Title: _________________________ (SEAL) Date: __________________________ Attest: _____________________ (signature) _____________________ (printed) Title: ________________ Date:_________________ (ATTACH SURETY’S POWER OF ATTORNEY) “EXHIBIT E” NONCOLLUSION AFFIDAVIT OF PRIME BIDDER STATE OF _________________ COUNTY OF _______________ ________________________________________, being first duly sworn, deposes and says that: (1) He is ___________________________(Owner, Partner, Officer, Representative, or Agent) of _________________________ (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 or 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 or proposal 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/proposer, 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 proposal/bid price of any other bidder/proposer 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 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: ________________________ “EXHIBIT F” FINAL AFFIDAVIT STATE OF __________________ COUNTY OF ________________ TO CITY OF MILTON, GEORGIA I, _______________________________, hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by ______________________ or any of its subcontractors in connection with the construction of __________________________ 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 ____________________ 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: _______________________________________ Federal Work Authorization User Identification Number _______________________________________ Date of Authorization Prime Contractors, Inc. Name of Contractor Milton Public Works Maintenance Building and Milton Fire Storage Building 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 ______ ___, 20___ 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: ________________________ “EXHIBIT G.2” SUBCONTRACTOR AFFIDAVIT STATE OF ___________________ COUNTY OF _______________ 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 _Prime Contractors, Inc on behalf of the City of Milton has registered with, is authorized to use, and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor Milton Public Works Maintenance Building and Milton Fire Storage Building 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: _______________________________ “EXHIBIT H” \Cft t 1 V6 - 1, '-( 0 w 43 1p .pts; [ ilil =-wv VLL y ___,_. �p �3 .0 "psi p `1 P t b �v 4 1 �' 1� ��1 ic- ! �% y Y.......... .,_ ..----------------------------- MM, x .h <.a .,. -... ..�... :...:.W &. <e.,. 8t.. 'iw.r a. ,..a, -'.....,.,.,z,. a.k...-. .e. ��.-_..... .„N .... �.�:..u. x., +,-,. ..: ,��.,.........J A..., ...-.v.. ..- .. ,.,., >.. u.. __. ,.._ -... ..,a..-._.-. ....1 ...,.....,,. .. ,_..... .., ...,..., ... _,_.. ,.. _,s.+a.,, . c.>., .........":... ru x� _.. S .. .... ... ... ... .:, .. "... . ,.__. VLL a , 9 mi a , 9 l , n sa s s No Text 1 ,U _ "O t t ' �°�..IA�343 3a A4 C ZD t l � — — — a 1 E j ►� '� is I A, N-byet`.-v' 00 i o i f “EXHIBIT I” ADDITIONAL PAYMENT TERMS A. Defined Terms. Terms used in this Agreement shall have their ordinary meaning, unless otherwise defined below or elsewhere in the Contract Documents. (i) “Substantial Completion” means when the Work or designated portion thereof is complete in accordance with the Contract Documents so that any remaining Work includes only (1) Minor Items that can be completed or corrected within the following thirty (30) calendar days, (2) Permitted Incomplete Work that will be completed by the date agreed upon by the Parties, and (3) any Warranty Work. Substantial Completion shall require complete operation of all applicable building systems including, but not limited to, mechanical, electrical, plumbing, fire protection, fire alarm, telecom, data, security, elevators, life safety, and accessibility (if any). (ii) “Minor Item” means a portion or element of the Work that can be totally complete within thirty (30) calendar days. (iii) “Permitted Incomplete Work” means Work that is incomplete through no fault of the Contractor, as determined by the City in its sole discretion. (iv) “Final Completion” means when the Work has been completed in accordance with terms and conditions of the Contract Documents. B. 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, and such invoices shall reflect costs incurred versus costs budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon final payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. 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. C. 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. D. 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 entit led 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 Permitted Incomplete Work, an amount equal to 200 percent of the value of each Minor Item or Permitted Incomplete Work, 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 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. MItTON% ESTABLISHED 2006 TO: FROM: AGENDA ITEM: MEETING DATE: CITY COUNCIL AGENDA ITEM City Council DATE: March 12, 2019 Steven Krokoff, City Manage Approval of a Contract with CrewSense, LLC for the Provision of a Fire/EMS Staff and Scheduling System. Monday, March 18, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (�IAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,�%ES () NO CITY ATTORNEY REVIEW REQUIRED: (�IYES () NO APPROVAL BY CITY ATTORNEY: O'APPROVED () NOT APPROVED PLACED ON AGENDA FOR: Uil,(,Izv 2006 Heritage Walk Milton, GA 0000 P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us Page 1 of 1 To: Honorable Mayor and City Council Members From: Robert Edgar, Fire Chief Date: Submitted on March 12, 2019 for the March 18, 2019 Regular City Council Meeting Agenda Item: Approval of a Contract with CrewSense, LLC for the Provision of a Fire/EMS Staff and Scheduling System ____________________________________________________________________________ Project Description: The Fire Department’s current staff and scheduling system is part of the old Records Management System (RMS) which was replaced in December of 2018. The new RMS does not currently offer a staff and scheduling module. Therefore, the Department conducted a review of available systems and issued a Request for Proposals to replace the staff and scheduling system. The solicitation stated cost would only be considered from the shortlisted firms after the technical evaluation was complete. CrewSense was the system selected by the committee based on the technical evaluation and then cost. The initial contract period is annual, with scheduled renewal for five years. Procurement Summary: Purchasing method used: Bid Award-ITB (Over $50,000) Account Number: 100-3510-542401000 Requisition Total: $4,312.53 Vendor DBA: CrewSense, LLC Other quotes or bids submitted (vendor/$): Vendor/Firm Quote/Bid Kronos $25,524.00 Financial Review: Bernadette Harvill, March 13, 2019 This project is already funded in the Fiscal Year 2019 Maintenance and Operating Budget (100-3510-542401000). Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP, January 29, 2019 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Proposed Agreement 1 PROFESSIONAL SERVICES AGREEMENT – SHORT FORM Fire/EMS Staff and Scheduling Software This Professional Services Agreement (“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 City Council, located at 2006 Heritage Walk, Milton, Georgia 30004 (hereinafter referred to as the “City”), and CrewSense, LLC, a Delaware Limited Liability Company, having its principal place of business at 755 NE 6th Street, Grants Pass, Oregon 97526 (herein after referred to as the “Consultant”), collectively referred to herein as the “Parties.” WITNESSETH: WHEREAS, City desires to retain a consultant to provide services in the completion of a Project (defined below); and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in this Agreement; and 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 do mutually agree as follows: Section 1. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit “A-1” – Scope of Work Exhibit “A-2” – Cost Proposal Exhibit “B” – Insurance Certificate Exhibit “C” – Contractor Affidavit Exhibit “D” – Subcontractor Affidavit In the event of any discrepancy in or among the terms of the Agreement and the Exhibits hereto, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work. A general description of the Project is as follows: provision of Fire/EMS Staff and Scheduling Software (in cloud-hosted, software-as-a-service form), training, and support for the City of Milton Fire Department (the “Project”). 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 “A-1”, attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit “A-1”, the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. Section 3. Contract Term; Termination. Consultant understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner. In accordance with the Work Plan set forth in Exhibit “A-1”, the software shall be fully implemented and tested, and all training provided, within eight weeks of a notice to proceed given by the City. Monthly “Premium Support” services shall begin and end upon written request of the City during the Term of this Agreement. 62 user licenses for the software shall begin on the Effective Date, and the City may add or reduce the number of active licenses at any time by written request. All active licenses will continue until the earlier of expiration or termination of this entire Agreement or termination of the particular license by the City. The term of this Agreement (“Term”) shall commence as of the Effective Date, and shall last for one year, then automatically renew each year for four additional one-year terms; after five total years, if the Parties mutually agree, the Term may be further extended for two annual renewals (giving a maximum total contract length of seven years). Certain obligations that should survive termination or expiration, such as indemnity or confidentiality, will survive termination/expiration of this Agreement). City may terminate this Agreement for convenience at any time upon providing written notice thereof to Consultant, with the understanding that the City will not be entitled to a refund of any fees already paid to CrewSense, and accordingly the Parties intend that this Agreement not function as a "multi-year purchasing contract" under O.C.G.A. § 36- 60-13(a). Provided that no damages are due to City for Consultant's breach of this Agreement, City shall pay Consultant for Work performed as of the date of termination in accordance with Section 5 herein. Section 4. Work Chances. Any changes to the Work requiring an increase in the Maximum Contract Price (defined below) shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. _Compensation and Method of Payment. The total amount paid in each year of this Agreement shall not, in any case, exceed $5,000 (the "Maximum Contract Price"), except as outlined in Section 4 above. The compensation for Work performed shall be based upon the number of licenses, months of special support, and training services requested in writing by the City, at the unit prices set forth in Exhibit A-2. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed, and costs actually incurred in accordance with the Agreement. No payments will be made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City's receipt and approval of invoices, setting forth in detail the services performed, and costs incurred, along with all supporting documents required by the Agreement or requested by City to process the invoice. Invoices may be submitted on an annual basis, and such invoices shall reflect costs incurred versus costs budgeted and are payable thirty (30) days from receipt of invoice. Section 6. Covenants of Consultant. A. Licenses, Certification and Permits. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant 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. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. B. Expertise of Consultant, City's Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant's Work performed under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant's performance. Consultant acknowledges and agrees that the acceptance or approval of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement and shall not relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant's Work under professional and industry standards. C. Consultant's Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. D. Reserved. E. Assignment of Agreement. Consultant 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. Notwithstanding the foregoing, Consultant may freely assign or transfer any or all of its rights without the City's consent, to an affiliate, or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, provided that there is no material change in the Services being provided hereunder. F. Resoonsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Subject to the Limitation of Liability below, Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless City 2 and 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 an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Consultant, any subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. This 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. 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. Limitation of Liability. In no event shall either party be liable to the other, whether in contract, warranty, tort (including negligence) or otherwise, for special, incidental, indirect or consequential damages (including lost profits) arising out of or in connection with this Agreement; and (b) the total liability of either party for any and all damages, including, without limitation, direct damages, shall not exceed the amount of the total fees due to, or already paid to, Consultant for the preceding twelve (12) months. G. Independent Contractor. Consultant 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 City. Consultant 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 and payment of consultants, agents or employees to complete the Work, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. Inasmuch as City and Consultant 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. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. H. Insurance. Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit "B", attached hereto and incorporated herein by reference. Consultant shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Consultant shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Consultant's Work and that the City and its officials, employees or agents are named as additional insureds. 1. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits "C" and "D" (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 Consultant's 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) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing_ Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to City or provided City with evidence that it is an individual not 3 required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, Consultant 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 Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant 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 "D", which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Consultant and Consultant'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. Consultant agrees that the employee -number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. _X Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant 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, Consultant 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. J. Ethics Code; Conflict of Interest. Consultant 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. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Consultant and 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 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. Consultant and 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 Consultant or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. K. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. L. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant's board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. M. Reserved. N. 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, Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. 4 Section 7. Miscellaneous. A. Entire Agreement; Counterparts; Third Party Ri hts. This Agreement, including any exhibits hereto, 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. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. 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. B. Governing_ Law; Business License; Proper Execution. 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. 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 Consultant submits to the jurisdiction and venue of such court. During the Term of this Agreement, Consultant shall maintain a business license with the City, unless Consultant provides evidence that no such license is required. Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia's Open Records Act (O.C.G.A. § 54-18-71, etseq.). C. Captions and Severability. 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. D. Notices. All 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 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 address first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. E. _Waiver; Sovereign Immunity. No express or implied 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. Nothing contained in this Agreement shall be construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or official immunities. F. _Agreement Construction and Interpretation; Invalidity of Provisions; Severability. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. The Parties 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 Agreement 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. 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. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. IN WITNESS WHEREOF, City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] Attest/Witness: Signature: Print Name: �Jan Rig d Title: Implementation Specialist Attest: Signature: Print Name: Title: City Clerk Approved as to form: City Attorney CONSULTANT: C�vSense,ILC Signature: Print Name: Casey McIntosh Title: Member/Manager (LLC) CITY OF MILTON, GEORGIA Joe Lockwood, Mayor [CITY SEAL] 7 EXHIBIT `°A-1" The attached Request for Proposals and Consultant's Response are incorporated herein, subject to the following revisions: 1. Deadline for complete implementation of the software is not December 31, 2018 as suggested in the RFP, but rather 8 weeks from a notice to proceed issued by the City. 2. On-site training will not be provided. A limited amount of web -based training will be provided instead. 3. It is noted that the entity providing the RFP response, CallBack Staffing Solutions, LLC changed its corporate name to Crewsense, LLC in the time between RFP response submission and execution of this Agreement. MILTON,I!� ESTABLI51 [ED 2006 REQUEST FOR PROPOSALS QR 19-FDO1 Fire/EMS Staff & Scheduling Software Questions must be submitted by 5:00 PM on Wednesday. November 14, 2018. Any needed addendum to this bid will be released on or about Friday, November 16, 2018. Questions and bid submittal are to be made by electronically via Milton's BidNet procurement portal/platform at www.citvofmiltonga.us or emailed to bids@cityofmiltoncia.us. If you have registered with the City of Milton as a vendor via BidNet procurement portal/platform, or are already a member of the Georgia Purchasing Group, you may submit your questions and bid online at www.cityofmiltonga.us via the BidNet procurement portal/platform. If you are not a registered vendor/member you may email your questions and bid to bids4,cit ofmilton a.us . We encourage you to register with us as a vendor. There is no cost to join, and you will be notified of any potential bid opportunities with the City of Milton as well as other agencies who are part of the Georgia Purchasing Group. - BIDS DUE NOVEMBER 21, 2018 BY 2:00 PM - 2006 Heritage Walk Milton, GA 34004 P: 678.242.2500 I F: 678.242,2499 info@cityofmiltongo.uslwww.cityofmiltongo.us 0000 M I LTONi ItAl LSTABL[St[ED 2006 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL 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 RFP package when it is submitted. Name of Vendor 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 fhe dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official, Amount/Value Description Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: Name Relation QR 19-FD01 2 1 Page MILTONIP ESTABUS1[ED 20D6 QR 19-FDO1 PROPOSAL LETTER MUST BE RETURNED WITH PROPOSAL We propose to furnish and deliver any and all of the deliverables, services and fees named in the Request for Proposal (QR 19-FDO1 ) Fire/EMS Staff & Scheduling Software. It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION 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 for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature Da Print/Type Nam Print/Type Company Name Here. QR 19-FDO1 3 1 P a g e MILTON ESTABLISHED 2006 CONTRACTOR AFFIDAVIT AND AGREEMENT MUST BE RETURNED WITH PROPOSAL 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 Fire/EMS Staff & Scheduling_ Software_ 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: QR 19-FD01 4( P a g e M. I LTO Nil ESTABLISIKD 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS do , do not , propose to subcontract some of the work on this project. propose to Subcontract work to the following subcontractors: Company Name:. QR 19-FDO1 5 1 P a g e 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton provides municipal services for approximately 38,000 citizens that include Police, Fire, Public Works and Community Development over 36 square miles. To support these efforts the City is requesting proposals from qualified vendors to implement and support a Fire/EMS Staff and Scheduling Software for the Fire -Rescue Department. Milton Fire -Rescue has operated with the same staffing software for the past 10 years. This current software no longer meets the needs of our department and is not compatible with the new RMS software system the department will be going to. The need to upgrade to a more robust and compatible staffing software solution precipitated this RFP. The winning bidder will provide a dynamic scheduling and comprehensive tracking/reporting management system tailored to the Fire -Rescue service that is compatible and will integrate with EPR Fireworks RMS. Services will include: 1. Day-to-day help desk support 2. Integration/migration of data from the existing Firehouse software, Upon a successful bid process, a single Vendor will be selected to provide Fire - Rescue staffing software services to the fire department. The contract is subject to an annual review, the concurrence of the City Council and the annual availability of appropriations. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposals (RFP) is issued until a vendor is selected, vendors are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes. Any unauthorized contact will disqualify the vendor from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes, Procurement Manager Address: 2006 Heritage Walk, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@cityofmiltongo.us 1.2 REQUIRED REVIEW A. Review RFP. Vendors should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set QR 19-FDO1 6 1 r a g out in this RFP and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. B. Form of Questions. Vendors with questions or requiring clarification or interpretation of any section within this RFP must submit their questions in writing via email to the procurement office referenced above on or before 5:00 PM (EST) on November 14, 2018. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. C. City's Answers. The City will provide an official written answer to all questions on or about November 16, 2018. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City. Any formal written addendum will be posted alongside the posting of the RFP at http://www.cityofmiltonga.us. Vendors must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, Vendor agrees to acceptance of the City's standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by the date for receipt of written/e- mailed questions or with the Vendor's RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the Vendor's ability to respond to the RFP or perform the contract. The City reserves the right to address non- material, minor, insubstantial requests for exceptions with the highest scoring Vendor during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all Vendors submitting a response to this RFP. E. Mandatory Requirements. To be eligible for consideration, a Vendor must meet the intent of all mandatory requirements. The City will determine whether a Vendor's RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non- responsive - QR 19-FDO1 7 1 F a g e 1.3 RESERVED 1.4 SUBMITTING PROPOSALS Vendors must organize their proposal into sections that follow the following format. This RFP is for one proposal that includes all potential phases of this project. A. Submittal Requirements_ a. Proposals shall include the following: 1) City of Milton Disclosure Form (signed) 2) City of Milton Proposal Letter (information entered) 3) City of Milton Contractor Affidavit and Agreement (e -Verify) 4) Technical Proposal (See Section 3) b. Proposals shall be no more than twenty (20) single -sided pages c. Proposals shall contain: 1) Table of Contents 2) Company History: Provide a brief overview of your company, including the number of years in business, background, and history. 3) Project Team: Provide a list of key team members who will be assigned to the City on an ongoing basis, including field representative(s). Specify the roles and responsibilities, office locations, years of service with your organization and within the industry, other clients served, and any professional designations and licenses. Indicate if any of the individuals are contractors or agents that are not employees of your firm. 4) Experience and References: Include the firm's experience in providing services such as those described in Section 3 of this RFP. Include references with names, phone numbers and team members involved. 5) Project Understanding and Proposed Services: Describe the firm's understanding of the objectives. Describe the proposed services and how they will meet the described needs and requirements identified in Section 3. 6) Work Plan: Provide an anticipated project schedule, including data transfer, training, and any other steps necessary to deploy the new system in the quickest time possible. The proposed timeline should describe the necessary actions, responsible parties and target completion dates. Key action items for consideration are listed below: 7) Methodology/Operations: The proposal should address the following: L Provide detailed explanations of the services that are included ii. Describe the customer support model for regular business QR 19-FDO1 8 1 Page hours and non -business hours. Include standard hours of operation, support tiers, and average response times. iii. Briefly describe the proposed system and its technical specifications (database, cloud services, etc.). iv. Describe your firm's policies, procedures, data encryption, and technical measures to prevent unauthorized access or alteration, fraud, theft, misuse, or physical damage to hardware, software, communications, networks and data. 8) Proposed Fee Structure (See Section 5) 9) Applicable Addenda Acknowledgement Forms (if necessary) Vendors must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0. B. Failure to Comiply with Instructions. Vendors failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any qualifications that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Deadline for Receipt of Proposals. Proposals must be received by prior to 2:00 PM, local time, November 21, 2018. Bid submittals are to be made by electronically via Milton's BidNet procurement portal/platform at www.cityofmiltonaa.us or emailed to bids@cityofmiltonga.us . D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the Vendor's sole risk to assure delivery to the Purchasing Office by the designated time. 1.6 COST OF PREPARING PROPOSALS A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the Vendor. The City is not liable for any expense incurred by the Vendor in the preparation and presentation of their proposals. QR 19-FD01 9 1 Page B. All Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and Vendor resulting from this RFP process. SECTION 2: RFP STANDARD INFORMATION 2.0 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 2.1 OFFEROR COMPETITION The City encourages free and open competition among Vendors. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City's need to procure technically sound, cost-effective services and supplies. 2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of qualifications has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the Vendor; and (4) other constitutional protections. B. Procurement Officer Review of Pr000sals. Upon opening the submittals received in response to this RFP, the procurement office will review the proposals and separate out any QR 19-FD01 10 1 P a g e information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: a. Confidential information is clearly marked and separated from the rest of the submittal. b. An affidavit from a Vendor's legal counsel attesting to and explaining the validity of the trade secret claim is attached to each submittal containing trade secrets. Please contact Honor Motes for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Vendors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a "right to know" (open records) request from another party. 2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Responsive or Nonresponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the qualification is not within the specifications described and required in the RFP. If a qualification is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if a Vendor has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring Vendor or, if necessary, to seek discussion/negotiation in order to determine the highest scoring Vendor. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses. These QR 19-FD01 111 F L �z e scores will be used to determine the most advantageous offering to the City. D. Completeness of Proposals. Selection and award will be based on the Vendor's proposals and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by Vendors outside the formal response or subsequent discussion/negotiation, if requested, will not be considered, will have no bearing on any award, and may result in the Vendor being disqualified from further consideration. E. Opportun_ity, for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more Vendors should clarification or negotiation be necessary. Vendors may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, Vendors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the Vendor's expense. F. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. G. Request for Documents Notice. Upon concurrence with the evaluation committee's recommendation for contract award, the procurement officer may issue a "Request for Documents Notice" to the highest scoring Vendor to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the "Request for Documents Notice" does not constitute a contract and no work may begin until a contract signed by all parties is in place. H. Contract Negotiation. QR 19-FD01 12 1 P a g The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible Vendor whose submittal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring Vendor fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring Vendor. I. Contract Award. Contract award, if any, will be made to the highest scoring Vendor who provides all required documents and successfully completes contract negotiation. 2.4 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: a. Modify, cancel or terminate this RFP, b. Reject any or all proposals received in response to this RFP, c. Select a Vendor without holding interviews, d. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any submittal, e. To request further documentation or information, and to discuss a RFP submittal for any purpose in order to answer questions or to provide clarification, f. Award a portion of this RFP or not award any portion of this RFP if it is in the best interest of the City not to proceed with contract execution; or g. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. QR 19-FD01 13 1 -J a L 2 SECTION 3: SCOPE OF WORK 3.0 GENERAL INFORMATION The City of Milton, Georgia is seeking Proposals from qualified providers for a Fire/EMS Staff and Scheduling Software for the Fire -Rescue Department. Milton Fire -Rescue (MFR) operates three fire stations directly, one shared station through an automatic aid agreement, and is currently building an additional station. There are typically (6) six staffed units on a given day including three engines, one ladder truck, a battalion chief, and a rescue. The department also has a technical rescue unit, a support pickup, and a ready -reserve ladder and engine which may be put into service as front line vehicles in events of emergency or high-volume. MFR operates with a staff of 62 personnel. Administrative staff include: • Fire Chief • Deputy Fire Chiefs • One Battalion Chief • Three Captains • Administrative Assistant Operations Staff is split into three shifts A, B, and C. The Assignment for each apparatus: Engine and Ladder Truck One Captain One Fire Apparatus Operator (FAO) Two firefighters Rescue Unit One Fire Apparatus Operator (FAO) One Firefighter Battalion One Battalion Chief. Our minimum daily staffing requirements for each shift: 3 Officers (including the Battalion Chief); 3 FAOs; and QR 19-FD01 14 1 � a g A sufficient number of Paramedics to maintain designated ALS apparatus. Additional FAO and Officer positions are covered by an approved Acting Officer / Driver in accordance with the department's SOPs. 3.1 Scheduling and Integration The department currently uses the Firehouse RMS and will be going live with our new RMS system EPR Fireworks on December 1, 2018. The new staffing software system will allow for full -integration between scheduling and EPR Fireworks. The department is currently looking to move to a scheduling system that allows for: Dynamic Scheduling Requirements a) Shift Scheduling b) Automatic Forward Scheduling 12 months out c) Assigns personnel to apparatus d) Time off scheduling/requests e) Captures personnel working and on Leave f) Automatically Responds to Changes • Immediately Identifies Appropriate Replacement • Automatically Confirms Availability • Updates Calendar g) Rules Based to include for automatic back filling of positions h) Robust Reporting i) Shift Trades j) Telecommunication (phone/text) k) Callback capable 1) Cloud File Storage 3.3 Tracking/Reporting The department currently tracks different categories relating to time off, overtime, acting out of class, on call pay, etc. The new system must be capable of tracking multiple user defined categories. We also currently utilize staff reporting from Firehouse to reconcile our payroll report with the City's payroll system. The new system should have a robust reporting system that allows for biweekly payroll reporting. Comprehensive Tracking/ Reporting Management Requirements a) Tracks All Required Aspects of Payroll for Employee Reports/Analytics b) Regular Time c) Overtime, Emergency Overtime d) Scheduled PTO (Annual Picks & Discretionary Picks) e) Unscheduled PTO (Sick, Emergency) QR 19-FD01 15 1 P a- g fl Shift Trades g) Workers Comp. h) Jury Duty i) Military or FMLA j) Time off accrual/balance k) Other Categories (User Defined) 3.8 Data Transfer Proposals shall include the transfer of previous data from the Firehouse system. SECTION 4: VENDOR PROPOSALS 4.0 CITY'S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the Vendor to provide the supplies and/or perform the services specified. 4.1 VENDOR INFORMATIONAL REQUIREMENTS Firms interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. SECTION 5: COST PROPOSAL The offeror's cost proposal shall be accompanied by a letter of understanding of the scope of work required and shall state the firm's ability to perform the required services. This letter should be signed by an authorized agent of the firm. The proposed fee structure shall be for a turnkey Fire/EMS Staff and Scheduling Software System, to include: • Total cost for implementation of for data transfer, • Annual maintenance for a period of three years, • Appropriate training sessions to prepare shift workers on three shifts and system administrators, • Annual licensing/user pricing based on department staffing • Integration with EPR Fireworks and any other needed support program SECTION 6: EVALUATION CRITERIA 6.0 EVALUATION CRITERIA QR 19-FD01 16 1 Page An evaluation team for the City will initially evaluate and score all submittals received. Proposals not meeting the minimum requirements and those who are non-responsive will not be considered. If the evaluation team determines that it would be beneficial, it will create a short list of firms and invite them for an interview. Should the cost proposals be deemed excessive and an agreement cannot be met with the top scoring firm, the City reserves the right to conduct interviews with the non-shortlisted firms, or reject any or all bids. The evaluation team will review and evaluate the proposals according to the criteria listed below: A. Technical Qualifications: Criteria for technical qualifications are as follows, in priority order: a. Scope of Services Offered: This category will evaluate how well the offered services meet the requirements and needs of the City (70 pts.) b. Company Experience: Proposals will score the highest in this category that demonstrate the firms' experience integrating with EPR Fireworks. (20 pts.) Total points available for Technical Evaluation = 90 pts B. Cost Proposal: Cost proposals will only be considered for the short-listed firms from the technical evaluation. (10 pts.) Total possible points available = 100 pts C. Demonstraflons/Interviews: Demonstrations/interviews may be requested from the short-listed firms. SECTION 7: STANDARD CONTRACT INFORMATION The City reserves the right to require the successful proposer to comply with the City's standard contract terms. QR 19-FD01 17 i SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE Event: Release of Informal Request for Proposals Deadline for Written Questions Date: November 9, 2018 November 14, 2018 @ 5:00 PM EST *Submit online via BidNet procurement portal/platform at www.cityofmiltonga.us or email to: bids@cityofmiltonga.us City of Milton Addendum (on or about) November 16, 2018 (Official answers to questions and potential changes to RFP. Addendum will be posted at the some website as the RFP) Bids must be received by November 21, 2018 @ 2:OOPM EST Bids may be submitted online via BidNet procurement portal/platform at ww.cityofmiltonaa.us or emailed to: bids@cityofmiltonga.us Contract Award (On/about) December 3, 2018 QR 19-FDOI 18 1 Page 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 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. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7.K). (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (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. QR 19-FD01 19 1 p a g e (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (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 QR 19-FD01 20 1 P a � e endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award, The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers' Compensation policy. QR 19-FDO1 211 Fags ((V Response to RFP 202932 "Fire/EMS Staff and Scheduling Software" Date: 11/21/2018 Submitted by: Meghan Rigaud Implementation Specialist CREW U SENSE CallBack Staffing solutions, LLC ("CrewSense") 1867 Williams Hwy, #211 Grants Pass, OR 97527 (541) 237-6003 Re: Response to RFP 202932 "Fire/EMS Staff and Scheduling Software" To whom it may concern, Thank you for your interest in the CrewSense system. We are excited about bringing our software to the City of Milton and look forward to a long working relationship. Attached you will find the RFP response and all supporting documents for implementing our software for the City of Milton. No proprietary information is contained in this RFP, and no redactions are requested. Cal]Back Staffing Solutions, LLC is an equal opportunity employer. If you have any questions, please do not hesitate to contact me directly. Regards, Casey McIntosh President CallBack Staffing Solutions, LLC 1-541-237-6003 (o) cmcintosh@crewsense.com http://www.crewsense.com Employee resource management software — redefined 21 Page CREW (�,Jr SENSE Table of Contents CompanyHistory .......................................................................................................................................... 4 ProjectTeam......................................................................................................................................... 4 References.............................................................. 5 Project Understanding and Proposed Services................................................................................................... 6 Description of Features & Functionality Included with the Staffing Software .............................................. 8 WorkPlan................................................................................................................................................................. 9 Cost Proposal and Fee Structure........................................................................................................................ 12 31 Page CREW ( J SENSE Company History CrewSense is the leading Public Safety scheduling, notification & resource management platform on the market today. Founded in 2012, CrewSense now serves over 600 Professional Fire Departments, ranging in size from 10 members to 2,000 members. Customers include the Federal Government, US Military, Fortune 1000 & Local Municipalities. CrewSense is a product of parent company, CallBack Staffing Solutions LLC, an Oregon registered Limited Liability Company. Headquarters are located at 1867 Williams Hwy, #211, Grants Pass, OR 97527. The contact person for this RFP is Meghan Rigaud, Implementation Specialist. Contact information is: mrigaud@crewsense.com, or by phone at 541-237-6013. CrewSense has 8 employees. Four employees are in support roles, three are in development, one is in a management role. CrewSense also has 3 contracted Regional Trainers within the operation. CrewSense takes a team approach in all services provided, so everyone within the company is involved in the process. CrewSense is not in any violation of statues or regulatory rules that might have an impact on our operations. Project Team Management Team: Casey McIntosh, President & CEO 2012 — present Support Team: Brandon Rigaud, Senior Project Manager 2012- Present Meghan Rigaud, Implementation Specialist 2017- Present Brad Lyons, Sales and Support Lead 2016- Present Treva Aguinaga, Customer Success Agent 2018- Present Development Team: Oliver Nagy, Lead Programmer 2012 -Present Gabe V., Software Engineer 2014- Present Clay Givens, Software Engineer 2018 -Present Regional Trainers Brandi Mauck, Washington Based Trainer 2018- Present Gary Kasper, Illinois Based Trainer 2018 — Present Russ Lewis, Massachusetts Based Trainer 2018 - Present 41 Page CREW (Vj SENSE References Company Name Santa Clara County Fire Dept Address 14700 Winchester Blvd, Los Gatos, CA Telephone (408) 378 -1010 Contact Joy Carson Contact Email Joy, carson@sccfd.orp, Product/ Services Used How long they've been working with us CrewSense pro 3 yrs Bellingham Fire Dept 1800 Broadway, Bellingham, WA Company Name Address Telephone (360) 778-8400 Contact Chris Hughes Contact Email cghughes@cob.org Product / Services Used CrewSense Pro How long they've been working with us I yrs Buffalo Fire Dept Company Name Address 500 Southside Pkwy, Buffalo, NY Telephone (716) 856-4130 Tim Smith Contact Contact Email CrewSense Pro Product/ Services Used How long they've been working with us 4 yrs Company Name Address San Diego Fire — Lifeguards 3750 Kearny Villa Rd, san Diego, CA Telephone (619) 221-889 Contact Jacob Magness Contact Email tmagnessasandiego.gov Product / Services Used CrewSense Pro How long they've been working with us 1 yrs 51Pagc CREW �Jr SENSE Produce Understanding and Proposed Services CrewSense was designed with Fire Departments in mind, so the product is easily customizable, widely accessible and uses telecommunications to automate the process of calling back employees for overtime. Dynamic Shift Requirements A. CrewSense uses repeating patterns to create shifts, which will produce the schedule for the employees until the pattern is ended or changed. Patterns within the system are custom build to fit the department needs, and most rotations based on 3 shifts already exist within the system, requiring no customization. B. Because CrewSense uses patterns, schedules can be created as far out into the future as needed. The pattern is only deviated from when the pattern is ended. C. Assignments, or apparatus, are created as the customer needs them and allows of easy assigning of personnel. D. The Time Off module allows for employees to submit time off, which automatically is sent to administration for approval. Within the Time Off module, the system can automatically apply accrued time off to banks created for each employee, which will allow for users to know how much time off they have before submitting reports and will not allow time off to be requested if the employee does not have enough hours. E. The CrewScheduler is the main 'calendar' within CrewSense. It shows who is working and who is on time off. F. As a live system, moving employees between assignments is a `drag and drop' functionality. When changes are made, they are instantly applied to all users --no need to refresh. G. With the Assistant Module, rules can be created to allow limited automation within the hire back process. You can create rules for each assignment, which can assist in the hiring process and can make sure the right person is hired each time. M. CrewSense offers the ability to pull reports from the time your system goes live until you end your subscription. Any information put into CrewSense can be pulled out into a report, which can be printed or exported as needed. I. CrewSense offers the Trade module, which allows employees to request trades as contracted with an approval process for administration to approval all trades. The trades are automatically applied to the Crew Scheduler. The Trade Ledger tracks all trade balances so that employees can know who they owe trade time to. J. CrewSense extensively uses telecommunications. Between email, text message, phone calls and the app (available on all Android and Apple devices), the system will contact every employee to their preferred method. K. The foundation of the system is the Callback module, which allows administration to set the parameters of the callback and let the system go from there. Using configurable rules developed within the implementation process, the system will contact each 61 Page CREW) SENSE employee based on those rules, recording their response and moving onto the next person. The employee can pick the method in which they wish to be contacted, and responses are automatically updated with the Callback history. Once an employee accepts a callback, they are automatically applied to the CrewScheduler and the Callback List (pick list, bucket) is updated based on your system's specific rules. L. CrewSense is a 100 percent cloud-based SaaS. Tracking/Reporting CrewSense allows customizable reports, selected by the user to pull the information based on the created work codes/ time off codes by employee. Reports can be printed or exported into an excel or CSV file. If the information is put correctly into CrewSense, it can be formatted into a report. Data Transfer CrewSense has an open RESTful API, which allows two-way communication between systems based on customer needs. However, CrewSense does not track past data from other companies unless the customer creates a way to do so through the API. 71 Page CREW 0(�,f SENSE Description of Features & Functionality Included with the Staffing Software - CrewSense is a leading platform for Employee Resource Management for the Emergency Services. We offer crew scheduling, integrated employee communications, fair and equitable overtime distribution, payroll, trades, vacations, time off accrual tracking & more. CrewSense selects & staffs the right person every time by using a combination of department rules, labor guidelines, skill set, & availability. Once CrewSense prioritizes a list of the available staff candidates, its advanced staffing engine begins automatically filling open positions. CrewSense has built in telecommunications, meaning it can place outbound phone calls, text messaging and mobile app alerts to employees notifying them of open slots; and also receive inbound responses — all using its breakthrough telecommunication backbone with no onsite hardware or phone integration required. user intervention is not required for outbound phone calls freeing personnel for more important and strategic activities. In addition to the above, CrewSense: — Ensures implementation of fair and consistent hiring practices — Automatically keeps audit trails of the hiring / staffing rules used — Manages internal human resource and staffing policies — Uses labor rules & guidelines for managing daily rosters — Handles time & attendance, certification tracking, leave balances, accruals and more — Manages dynamic daily roster of all station / scheduled activities — Finds vacancies & fills voids using an algorithmic, rules -based approach — Generates detailed staffing and payroll reports — Sophisticated user permission modules allow unlimited access configurations Automatic audit trails for nearly every system interaction — Accessible from any internet connected device e Native iPhone & Android mobile apps with full push alert technology integrated _ Each member can view their personal schedule, day planner, leave balances, pending trades, overtime, payroll data and more Provides a printable 'accountability' report for daily staffing Administrative access to reports including work code, trades, time offs, injury leave and more. 81 Page CREW (VJ SENSE Work Plan The CrewSense system is very user intuitive and easy to configure. Our system design emphasizes making the system end user configurable, without having to bring in outside programmers or system experts. Most customers can have our system configured, tested and deployed within two weeks of starting the setup process. Upon successful bid award, a kick-off Zoom web meeting will occur with the Implementation Specialist and key players to the customer. These players should be the'power users' who will implement, deploy and train the Organization's users on the system. The meeting will cover customer needs and requirements, to include custom programming requests and project timelines. Once these needs are determined, the implementation specialist will work with the CrewSense Development team to ensure all reasonable customer rules and needs are implemented in the system. This usually takes no more than two to three weeks. Once the configuration and customization iS complete, a 'train -the -trainer' session will be arranged with the CrewSense Project Manager and the key power users mentioned above. Training will go overthe admin level functions of the system, key workflows and system knowledge needed to successfully implement the system. This training should encompass no more than two full days and be less than 10 total 'power users'. Training can be accomplished either remotely via Zoom type session, or on site. If the on-site option is chosen, additional costs and fees will be incurred by the customer. CrewSense will need a room capable of seating up to ten persons and projector screen with PC hookup. — Fact gathering (week 1) o The first step in the implementation process for CrewSense will be a 'fact gathering' meeting with key representatives from the Customer side as well as CrewSense Implementation Specialist. This fact gathering process will determine the specific needs of the customer, identify any custom programming needs / rules / requirements, and assist with the training and deployment plan. — Development (weeks 2-5) o The second step will be the development of any custom programming / modules / rules needed by the customer. The CrewSense Implementation Specialist will be a liaison between the customer and the CrewSense development team, ensuring that the customer needs are clearly communicated and met. This process usually takes no more than two to three weeks. — Testing (weeks 4-5) o Once custom development has been completed by CrewSense development team, the customer will be tasked with thoroughly testing the system. If any deficiencies are found or additional tweaks are needed - the customer will relay these to their Implementation Specialist. The Implementation Specialist will work with the development team to ensure the changes are completed as requested. Once complete, the customer will test again and either the project will move to the next phase, or additional development will be needed. — Training (weeks 5-6) o Once the product has satisfied the customer needs with any custom development or implementation, the Project Manager will arrange the power user training. This training is designed to train the 'power users' on the system. This should be no more than ten (10) individuals who will have an admin level role in the system. This training should encompass 2 days maximum. 9f Page CREW r SENSE o Once 'power user' training has been completed, it is the responsibility of the Customer to train the remaining users on the use of the system. The training approach is a 'train - the -trainer' type arrangement. Kick Off (weeks 6-8) o Once all power users and end users have been trained in the system, a'kick-off / go -live' date should be set, the 'go -live' date is the day the system will be rolled out and utilized by the customer. Maintenance (ongoing) o The Project Manager will work closely with the customer to ensure the system is operating efficiently and meeting the needs of the customer. If any further customization / development is needed post kick-off, the Project Manager will work with the Development team on a roadmap for further customizations. o Support is offered during the customer life -cycle. CrewSense uses a tiered support package approach. During the first 6 months of service, an 'Enterprise Level' support package is recommended. This support package provides Live Chat, Priority Ticket Response, Phone Support and Knowledge Base access. This support package is optional and can be canceled at any time. o Since CrewSense is a cloud hosted 'Software as a Service', all updates, maintenance, and patches are pushed out without any Customer interaction needed. 99.9999% up -time is guaranteed through the live of the service contract, via 'SLA'. Workstation Requirements o The system iS simply a web application that can be ran from any modern web browser. The application does not require Java, and the only requirement is a modern web browser Architecture Requirements o CrewSense requires no on-site hosting as a Cloud -based SaaS software License Management o The system is licensed by named active user profile in the system. Customer purchased set number of licenses to be used and is billed based on this number - regardless of actual use. — Software Customization o Customization's can be made to the system based on customer requests/ requirements. It should be known that CrewSense is not a software development firm, rather, we offer an off the shelf solution that can be customized to an extent. Each customization request is reviewed, and a cost estimate is given to the customer for approval / denial. — Backup Procedures o The database is backed -up on the hour, with backups hosted securely in AWS S3 storage. — Disaster Recovery o CrewSense maintains a 99.9999% up time guarantee. In the rare event of an outage, CrewSense will notify all customers Via email alert with an estimated resolution time. — Application Architecture o Customer will access shared web application hosted on a cluster of load balanced AWS instances. — Database Administration o The customer data is located in a co -mingled customer database, common practice in SaaS platform offerings. Data is available via our RESTful API as well as csv export options available within the platform itself. — Data Conversion o Databases are MySQL 101 Page CREW 0(�,( SENSE Patch and version Update Maintenance o The CrewSense platform is actively developed, with feature updates / patches and bug fixes pushed out daily. Platform up -time and customer access is the highest priority and considered with every new feature release. A'sand-box' environment and staging server are used for large feature roll -outs prior to pushing to production servers. Hosting & Security o The CrewSense.com system is a highly advanced, 'Software as a Service' (SaaS) providing scheduling & employee resource management solutions to Public Safety and Service industries. As a SaaS, the entire application is hosted in the 'Cloud'. CrewSense is hosted on the Amazon Web Services infrastructure CAWS). o This means all data, all hardware and all infrastructure is hosted off site. There is no need for expensive servers and local infrastructure on the customer end. Customers simply access the Crew5ense.com system via a secure (SSL) web browser connection, All data is processed to and from our servers with TLS 1.2, AES 12$ GCM encryption. o The entire system architecture is maintained, and supported, by our engineering team. The application can easily be ran on any modern web browser, which means the only thing your IT department will need to do is ensure the latest internet browsers are installed. Updates are pushed daily with no customer disruption or downtime. o The CrewSense system is comprised of multiple, highly scalable, redundant servers located geographically throughout the United States providing a near 100% up -time guarantee. o Additional redundant MYSQL database servers provide data retention and fail-safe procedures. Automatic load balancing and DNS fail -overs reroute traffic to backup servers in the event of an unlikely primary server failure. a Database(s) are backed up on the hour and snapshots are stored encrypted within Amazon 53, designed to provide 99.999999999% durability. Data integrity, security. and replication is the utmost concern and factored into every aspect of architecture in the CrewSense System. The CrewSense system is hosted in data centers which have achieved ISO 27001 certification and have been validated as a Level 1 service provider under the Payment Card Industry (PCI) Data Security Standard (DSS). The Data Centers undergo annual SOC 1 audits and have been successfully evaluated at the Moderate level for Federal government systems as well as DIACAP Level 2 for DOD systems. 111 Page M I LTC '1P, LYLABu5111D 1006 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL 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 RFP package when it is submitted. --. r- , �\IuzName of Vendor \)( i 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 ,�v , Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: Name ,R lotion QR 19-FDO1 � TON MAIR 2VW, QR 19-FDO1 PROPOSAL LETTER MUST BE RETURNED WITH PROPOSAL We propose to furnish and deliver any and all of the deliverables, services and fees named in the Request for Proposal (QR 19-FDOI) Fire/EMS Staff & Scheduling Software. It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION 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 for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. f Authorized Signature —" Date Print/Type Name IRS 41(111 Yl f"%A o d Print/Type Company Name HereQl�l QR 19-FD01 3JPage I TO ' iS'IAS iS11L? 2036 CONTRACTOR AFFIDAVIT AND AGREEMENT MUST BE RETURNED WITH PROPOSAL 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: eVerity Number Date of Authorization 1. Name of Contractor Fire EMS Staff & Scheduling Software Name of Project City of Milton Geor is Name of Public Employer QR 19-FDO1 I hereby declare under penalty of perjury that the foregoingis rue and correct, uted on in in city), state). Signa re f Au orized Officer or Agent { Printed ame and(Otle of Authorized Officer or Agent SUBSCRIBEP AND SWORN BEFORE ME ON N HE DAY OF 201 e; N TiA RY PUBLIC [NOTARY SEAL] My Commission Expires: IAL STAMP frCHAN`� 1REM RODOERS NOTARY PUBLIC -OREGON COMMISSION NO. 967 II!' COYYISSION F.11PIfiEB OC1�i g e M I LTO ESTARL[5l EEL) t AX) [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do , do not X , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name: tr QR 19-FD01 k 4 -ir- E5TAbt[5jjEL1 A" ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 QR 19-FDO1 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@ci ofmilton a.us I hereby acknowledge receipt of documents pertaining to the above referenced Quote Request. r• COMPANY NAME: C k,J ,t CONTACT PERSON: 'v u 1 l ADDRESS: - CITY:G.1j.k%j C STATE: �� ZIP: L 1 PHONE: tio 13 FAX: EMAIL ADDRESS: 4 r C V I C I/VI SigrTatnre Date ADDENDUM41 11Page QR 19-FDC1-Ad den dirn #1 EXHIBIT "A-2" ((G.f(CffiW@gH@g Estimate CalllBack Staffing Solutions, LLC # 20171284 1867 Williams HWY#211 Grants Pass, OR 97527 Sub Total 4,312.53 Total $4,312.53 Notes Quote above is all inclusive and includes all modules of the CrewSense Pro platform. There are no additional startup costs or extra fee's (excluding custom programming requests, implementation services or optional onsite training, if requested). We look forward for your business. Terms & Conditions Quote valid for 60 days. Estimate Date : 12/11/2018 Bill To City of Milton Expiry Date : 02/11/2019 750 Hickory Flat Rd Milton, Georgia Sales person : Treva Aguinaga Item & Description QtY Rate AMDunt 1 Pro Plan - Annual 62.00 59.88 3,712.56 Annual fee for Pro Plan -62 users. Recurs every 12 months. 2 Pro Support 3.00 99.99 299.97 Pro Support plan, monthly fee - cancel anytime. 3 Training Services 1.00 300.00 300.00 Web Based Training Sub Total 4,312.53 Total $4,312.53 Notes Quote above is all inclusive and includes all modules of the CrewSense Pro platform. There are no additional startup costs or extra fee's (excluding custom programming requests, implementation services or optional onsite training, if requested). We look forward for your business. Terms & Conditions Quote valid for 60 days. EXHIBIT `B" SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 1/25/2019 Wallace Welch &Willingham,Inc. 300 1st Ave.So.,5th Floor Saint Petersburg FL 33701 727-522-7777 727-521-2902 certificates@w3ins.com Great Northern Ins.Co.20303 REDVCOM-01 Federal Insurance Company 20281RedVector.com,LLC (See Named Insureds listed below) 4890 W.Kennedy Blvd Suite 300 Tampa FL 33609 Pacific Indemnity Co./Chubb 20346 Chubb Custom Ins.Co.38989 ACE American Ins.Co.22667 1840624052 A X 1,000,000 X 1,000,000 10,000 1,000,000 2,000,000 X Y Y 36051315 11/1/2018 11/1/2019 2,000,000 A 1,000,000 X X Y 73606230 11/1/2018 11/1/2019 B X X 10,000,0007818842411/1/2018Y 11/1/2019 C XY7175461511/1/2018 11/1/2019 1,000,000 1,000,000 1,000,000 D E Professional E&O Cyber Liability 36051314 G23662490001 11/1/2018 11/1/2018 11/1/2019 11/1/2019 Per Claim/Agg Per Claim/Agg 5,000,000/5,000000 5,000,000/5,000000 Additional Named Insured:TargetSolutions Learning,LLC;Convergence Training LLC,SimplyDigi.com,Inc.;Scenario Learning,LLC;Scenario Learning Canada ULC;TargetSolutions,Inc.;NFORMD.NET LLC;Clear Pond Technologies Inc.;Casino Essentials LLC;IGCIP,LLC;CrewSense,LLC Fire/EMS Staff &Scheduling Software City of Milton,Georgia and its officials,employees or agents are additional insured with respect to General Liability subject to terms,conditions,and exclusions of the policy. See Attached... City of Milton,Georgia 2006 Heritage Walk Milton GA 30004 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: REDVCOM-01 1 1 Wallace Welch &Willingham,Inc.RedVector.com,LLC (See Named Insureds listed below) 4890 W.Kennedy Blvd Suite 300 Tampa FL 33609 25 CERTIFICATE OF LIABILITY INSURANCE City of Milton,Georgia and its officials,employees or agents are additional insured on a primary basis with respect to Auto Liability subject to the terms and conditions and exclusions of the policy. A Waiver of Subrogation in favor of certificate holder applies to General Liability and Workers Compensation if required by written contract. 30 day written notice of cancellation,non-renewal,or material change reducing coverage to the General Liability policy will be given to City of Milton,Georgia by the carrier except for nonpayment of premium which will be ten days. COMMERCIAL AUTOMOBILE THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement modifies the Business Auto Coverage Form. 1.EXTENDED CANCELLATION CONDITION Paragraph A.2.b.-CANCELLATION -of the COMMON POLICY CONDITIONS form IL 00 17 is deleted and replaced with the following: b.60 days before the effective date of cancellation if we cancel for any other reason. 2.BROAD FORM INSURED A.Subsidiaries and Newly Acquired or Formed Organizations As Insureds The Named Insured shown in the Declarations is amended to include: 1.Any legally incorporated subsidiary in which you own more than 50%of the voting stock on the effective date of the Coverage Form. However,the Named Insured does not include any subsidiary that is an "insured"under any other automobile policy or would be an "insured"under such a policy but for its termination or the exhaustion of its Limit of Insurance. 2.Any organization that is acquired or formed by you and over which you maintain majority ownership.However,the Named Insured does not include any newly formed or acquired organization: (a)That is an "insured"under any other automobile policy; (b)That has exhausted its Limit of Insurance under any other policy;or (c)180 days or more after its acquisition or formation by you,unless you have given us written notice of the acquisition or formation. Coverage does not apply to "bodily injury"or "property damage"that results from an "accident" that occurred before you formed or acquired the organization. B.Employees as Insureds Paragraph A.1.-WHO IS AN INSURED -of SECTION II -LIABILITY COVERAGE is amended to add the following: d.Any "employee"of yours while using a covered "auto"you don't own,hire or borrow in your business or your personal affairs. C.Lessors as Insureds Paragraph A.1.-WHO IS AN INSURED -of SECTION II -LIABILITY COVERAGE is amended to add the following: e.The lessor of a covered "auto"while the "auto"is leased to you under a written agreement if: (1)The agreement requires you to provide direct primary insurance for the lessor;and (2)The "auto"is leased without a driver. Such leased "auto"will be considered a covered "auto"you own and not a covered "auto"you hire. However,the lessor is an "insured"only for "bodily injury"or "property damage" resulting from the acts or omissions by: 1.You; 2.Any of your "employees"or agents; or 3.Any person,except the lessor or any "employee"or agent of the lessor,operating an "auto"with the permission of any of 1.and/or 2. above. D.Persons And Organizations As Insureds Under A Written Insured Contract Paragraph A.1 -WHO IS AN INSURED -of SECTION II -LIABILITY COVERAGE is amended to add the following: f.Any person or organization with respect to the operation,maintenance or use of a covered "auto",provided that you and such person or organization have agreed under an express provision in a written "insured contract",written agreement or a written permit issued to you by a governmental or public authority to add such person or organization to this policy as an "insured". However,such person or organization is an "insured"only: Form:16-02-0292 (Rev.11-16)Page 1 of 3 "Includes copyrighted material of Insurance Services Office,Inc.with its permission" CA-73606230 (1)with respect to the operation, maintenance or use of a covered "auto";and (2)for "bodily injury"or "property damage" caused by an "accident"which takes place after: (a)You executed the "insured contract"or written agreement;or (b)The permit has been issued to you. 3.FELLOW EMPLOYEE COVERAGE EXCLUSION B.5.-FELLOW EMPLOYEE -of SECTION II -LIABILITY COVERAGE does not apply. 4.PHYSICAL DAMAGE -ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a.-TRANSPORTATION EXPENSES -of SECTION III -PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day for temporary transportation expense,subject to a maximum limit of $1 ,000. 5.AUTO LOAN/LEASE GAP COVERAGE Paragraph A.4.-COVERAGE EXTENSIONS -of SECTION III -PHYSICAL DAMAGE COVERAGE is amended to add the following: c.Unpaid Loan or Lease Amounts In the event of a total "loss"to a covered "auto",we will pay any unpaid amount due on the loan or lease for a covered "auto"minus: 1.The amount paid under the Physical Damage Coverage Section of the policy;and 2.Any: a.Overdue loan/lease payments at the time of the "loss"; b.Financial penalties imposed under a lease for excessive use,abnormal wear and tear or high mileage; c.Security deposits not returned by the lessor: d.Costs for extended warranties,Credit Life Insurance,Health,Accident or Disability Insurance purchased with the loan or lease; and e.Carry-over balances from previous loans or leases. We will pay for any unpaid amount due on the loan or lease if caused by: 1.Other than Collision Coverage only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; 2.Specified Causes of Loss Coverage only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto"; or 3.Collision Coverage only if the Declarations indicate that Collision Coverage is provided for any covered "auto. 6.RENTAL AGENCY EXPENSE Paragraph A.4.-COVERAGE EXTENSIONS -of SECTION III -PHYSICAL DAMAGE COVERAGE is amended to add the following: d.Rental Expense We will pay the following expenses that you or any of your "employees"are legally obligated to pay because of a written contract or agreement entered into for use of a rental vehicle in the conduct of your business: MAXIMUM WE WILL PAY FOR ANY ONE CONTRACT OR AGREEMENT: 1.$2,500 for loss of income incurred by the rental agency during the period of time that vehicle is out of use because of actual damage to,or "loss"of,that vehicle,including income lost due to absence of that vehicle for use as a replacement; 2.$2,500 for decrease in trade-in value of the rental vehicle because of actual damage to that vehicle arising out of a covered "loss";and 3.$2,500 for administrative expenses incurred by the rental agency,as stated in the contract or agreement. 4.$7,500 maximum total amount for paragraphs 1.,2.and 3.combined. 7.EXTRA EXPENSE -BROADENED COVERAGE Paragraph A.4.-COVERAGE EXTENSIONS -of SECTION III -PHYSICAL DAMAGE COVERAGE is amended to add the following: e.Recovery Expense We will pay for the expense of returning a stolen covered "auto"to you. 8.AIRBAG COVERAGE Paragraph B.3.a.-EXCLUSIONS -of SECTION III -PHYSICAL DAMAGE COVERAGE does not apply to the accidental or unintended discharge of an airbag.Coverage is excess over any other collectible insurance or warranty specifically designed to provide this coverage. 9.AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT -BROADENED COVERAGE Paragraph C.1 .b.-LIMIT OF INSURANCE -of SECTION III -PHYSICAL DAMAGE is deleted and replaced with the following: b.$2,000 is the most we will pay for "loss"in any one "accident"to all electronic equipment that reproduces,receives or transmits audio,visual or data signals which,at the time of "loss",is: (1)Permanently installed in or upon the covered "auto"in a housing,opening or other location that is not normally used by the "auto"manufacturer for the installation of such equipment; (2)Removable from a permanently installed housing unit as described in Paragraph 2.a.above or is an integral part of that equipment;or (3)An integral part of such equipment. 10.GLASS REPAIR -WAIVER OF DEDUCTIBLE Form:16-02-0292 (Rev.11-16)Page 2 of 3 "Includes copyrighted material of Insurance Services Office,Inc.with its permission" Under Paragraph D.-DEDUCTIBLE -of SECTION III -PHYSICAL DAMAGE COVERAGE the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11.TWO OR MORE DEDUCTIBLES Paragraph D.-DEDUCTIBLE -of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: If this Coverage Form and any other Coverage Form or policy issued to you by us that is not an automobile policy or Coverage Form applies to the same "accident",the following applies: 1.If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible,it will be waived;or 2.If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible,it will be reduced by the amount of the smaller (or smallest)deductible. 12.AMENDED DUTIES IN THE EVENT OF ACCIDENT,CLAIM,SUIT OR LOSS Paragraph A.2.a.-DUTIES IN THE EVENT OF AN ACCIDENT,CLAIM,SUIT OR LOSS of SECTION IV -BUSINESS AUTO CONDITIONS is deleted and replaced with the following: a.In the event of "accident",claim,"suit"or "loss",you must promptly notify us when the "accident"is known to: (1)You or your authorized representative,if you are an individual; (2)A partner,or any authorized representative,if you are a partnership; (3)A member,if you are a limited liability company;or (4)An executive officer,insurance manager, or authorized representative,if you are an organization other than a partnership or limited liability company. Knowledge of an "accident",claim,"suit"or "loss"by other persons does not imply that the persons listed above have such knowledge. Notice to us should include: (1)How,when and where the "accident"or "loss"occurred; (2)The "insured's"name and address;and (3)To the extent possible,the names and addresses of any injured persons or witnesses. 13.WAIVER OF SUBROGATION Paragraph A.5.-TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of SECTION IV-BUSINESS AUTO CONDITIONS is deleted and replaced with the following: 5.We will waive the right of recovery we would otherwise have against another person or organization for "loss"to which this insurance applies,provided the "insured"has waived their rights of recovery against such person or organization under a contract or agreement that is entered into before such "loss". To the extent that the "insured's"rights to recover damages for all or part of any payment made under this insurance has not been waived,those rights are transferred to us.That person or organization must do everything necessary to secure our rights and must do nothing after "accident"or "loss"to impair them.At our request,the insured will bring suit or transfer those rights to us and help us enforce them. 14.UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph B.2.-CONCEALMENT, MISREPRESENTATION or FRAUD of SECTION IV-BUSINESS AUTO CONDITIONS -is deleted and replaced with the following: If you unintentionally fail to disclose any hazards existing at the inception date of your policy,we will not void coverage under this Coverage Form because of such failure. 15.AUTOS RENTED BY EMPLOYEES Paragraph B.5.-OTHER INSURANCE of SECTION IV-BUSINESS AUTO CONDITIONS - is amended to add the following: e.Any "auto"hired or rented by your "employee" on your behalf and at your direction will be considered an "auto"you hire.If an "employee's"personal insurance also applies on an excess basis to a covered "auto"hired or rented by your "employee"on your behalf and at your direction,this insurance will be primary to the "employee's"personal insurance. 16.HIRED AUTO -COVERAGE TERRITORY Paragraph B.7.b.(5).-POLICY PERIOD, COVERAGE TERRITORY of SECTION IV - BUSINESS AUTO CONDITIONS is deleted and replaced with the following: (5)A covered "auto"of the private passenger type is leased,hired,rented or borrowed without a driver for a period of 45 days or less;and 17.RESULTANT MENTAL ANGUISH COVERAGE Paragraph C.of -SECTION V -DEFINITIONS is deleted and replaced by the following: "Bodily injury"means bodily injury,sickness or disease sustained by any person,including mental anguish or death as a result of the "bodily injury"sustained by that person. Form:16-02-0292 (Rev.11-16)Page 3 of 3 "Includes copyrighted material of Insurance Services Office,Inc.with its permission" Liability Insurance Endorsement Policy Period Effective Date Policy Number Insured Name of Company Date Issued This Endorsement applies to the following forms: GENERAT, LIABILITY Who Is An Insured Additional Insured - Scheduled Person Or Organization NOVEMBER 1, 2018 TO NOVEMBER 1, 2019 NOVEMBER 1, 2018 3605-13-15 TPA REDVECTOR.COM, LLC GREAT NORTHERN INSURANCE COMPANY NOVEMBER 14, 2018 Under Who Is An Insured, the following provision is added. Persons or organizations shown in the Schedule are insureds, but they are insureds only if you are obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by this policy. However, the person or organization is an insured only: • if and then only to the extent the person or organization is described in the Schedule; • to the extent such contract or agreement requires the person or organization to be afforded status as an insured; • for activities that did not occur, in whole or in part, before the execution of the contract or agreement; and • with respect to damages, loss, cost or expense for injury or damage to which this insurance applies. No person or organization is an insured under this provision: • that is more specifically identified under any other provision of the Who Is An Insured section (regardless of any limitation applicable thereto). • with respect to any assumption of liability (of another person or organization) by them in a contract or agreement. This limitation does not apply to the liability for damages, loss, cost or expense for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contract or agreement. Gabe iiy Insurance Additional Insured - Scheduled Person Or Organization continued Form 80-02-2367 (Rev. 5-07) Endorsement Page i Liability Endorsement (continued) Under Conditions, the following provision is added to the condition titled Other Insurance. Conditions Other Insurance — If you are obligated, pursuant to a contract or agreement, to provide the person or organization Primary. Noncontributory shown in the Schedule with primary insurance such as is afforded by this policy, then in such case Insurance — Scheduled this insurance is primary and we will not seek contribution from insurance available to such person Person Or Organization or organization. Schedule Persons or organizations that you are obligated, pursuant to a contract or agreement, to provide with such insurance as is afforded by this policy. All other terms and conditions remain unchanged. Authorized Aepresenlalme Q-)�"' Llabllily Insurance Additional Insured - Scheduled Person Or Organization last page Form 80-02-2367 (Rev. 5-07) Endorsement Page 2 Conditions (continued) Transfer Or Waiver Of Riahts Of Recovery Against Others Liability Insurance We will waive the right of recovery we would otherwise have had against another person or organization, for loss to which this insurance applies, provided the insured has waived their rights of recovery against such person or organization in a contract or agreement that is executed before such loss. To the extent that the insured's rights to recover all or part of any payment made under this insurance have not been waived, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. This condition does not apply to medical expenses. Form 80-02-2000 (Rev. 4-01) Contract Page 24 of 22 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 124 (4-84) WC 00 03 13 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different data is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 11/01/18 (DATE) Policy No. (19)7175-46-15 issued to REDVECTOR.COM, LLC Endorsement No. at 12:01 A. M. standard time, forms a part of of the PACIFIC INDEMNITY COMPANY (NAME OF INSURANCE COMPANY) Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us' This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER. WC 124 (4-84) WC 00 0313 Copyright 1983 National Council on Compensation Insurance. Page 1 of 1 EXHIBIT "C" STATE OF Y 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, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number 33a2Dt-1 Date of Authorization CrewSense LLC Name of Contractor Fire/EMS Staff and Scheduling Software Name of Project City of Milton Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true a d Executed on �3V6 correct. , 20,,'l in (city), O2 (state). Authorized Officer or Agent 5VV,02 0f'ZeC ry R Printed Name and Title of Authorized Officer or Agent SUBSCRIBED ARY [NOTARY SEAL] My Co aiA n Ex ires: RN BEFORE ME Y OF OFFICIAL STAMP CHANTELLE RENS NOTARY PUBLIC -OREGON COMMISSION NO. 967566 IAS COMMS&ION EXPIRES OC70BER 19, 2029 j " N/A" MILTON111 ESTABLISHED 2006 TO: FROM: AGENDA ITEM: MEETING DATE: CITY COUNCIL AGENDA ITEM City Council DATE: March 12, 2019 Steven Krokoff, City Manager(2� Approval of Subdivision Plat Monday, March 18, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: QlAPPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: il1�Iu�� 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 0000 (J NOT APPROVED (.,'NO Q/NO () NOT APPROVED info@cityofmiltongo.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Parag Agrawal, Community Development Director Date: Submitted on March 12, 2019 for the March 18, 2019 Regular Council Meeting Agenda Item: Approval of Subdivision Plats and Revisions Approval ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats and revisions as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. 1. The Tanglewood Preserve Phase 2 Final Plat Revision described herein consists of a previously platted subdivision containing 14 lots in Phase 2. The purpose of this plat revision is to add Lot 17, which is 2.48 acres, for a total density of .54 lots per acre in Phase 2. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager Attachment(s): Consent Agenda Plats Staff Memo Page 2 of 8 Plat List, Location Map, Plats Name of Development / Location Action Comments / # lots Total Acres Density 1. Tanglewood Preserve Ph 2 LL 465 & 466 Chenery Drive Final Plat Revision Add 1 lot / 15 lots total in Phase II 27.81 .54 Lots / acre Consent Agenda Plats Staff Memo Page 3 of 8 Consent Agenda Plats Staff Memo Page 4 of 8 Consent Agenda Plats Staff Memo Page 5 of 8 Consent Agenda Plats Staff Memo Page 6 of 8 Consent Agenda Plats Staff Memo Page 7 of 8 Consent Agenda Plats Staff Memo Page 8 of 8 'rI MILTON* TO: FROM: AGENDA ITEM MEETING DATE: ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 11, 2019 Steven Krokoff, City Manager (0 Proclamation Recognizing the 25'" Anniversary of the Piedmont Chapter of the Sons of the American Revolution. Monday, March 18, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,IAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (AC) CITY ATTORNEY REVIEW REQUIRED: () YES (J -NO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: �' 3116 J zvlc� 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 011000 Proclamation Recognizing the 25th Anniversary of the Piedmont Chapter of the Sons of the American Revolution WHEREAS, the American Revolution secured the independence of the United States and made possible our vibrant system of self-government; and WHEREAS, the supporters of the American Revolution, through their vision and determination, enhanced the lives of countless individuals and made possible our system of equal justice, limited government, and the rule of law; and WHEREAS, the sacrifices made by those who fought in the American Revolution, and the role played by the 39 delegates at the Constitutional Convention in Philadelphia, Pennsylvania, irrevocably changed the course of history; and WHEREAS, our Constitution, a revered and living document, remains the oldest operational written constitution, provides inalienable rights for every American citizen, secures the “Blessings of Liberty for ourselves and our posterity”, and sets the standard of democracy for the world; and WHEREAS, the delegates to the Constitutional Convention in 1787 established the imperative precedent of compromise, which remains to this day an essential aspect of the American legislature; and WHEREAS, the Sons of the American Revolution, to honor their fathers and grandfathers who fought or aided in gaining our freedom was created on the 100th anniversary of George Washington taking his oath of offices as our first President; and WHEREAS, March 17, 2019 marks the 25th anniversary of the Charter granted to the Piedmont Chapter by the National Society of the Sons of the American Revolution; and WHEREAS, it is abundantly fitting and proper that the extraordinary achievements of this outstanding organization be appropriately recognized. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton congratulate the Piedmont Chapter of the Sons of the American Revolution on the grand occasion of its 25th anniversary and commend its many efforts to promote patriotism and the legacy of our nation’s founders. Given under my hand and Seal of the City of Milton, Georgia on this 18th day of March, 2019. ____________________________________ Joe Lockwood, Mayor ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 11, 2019 FROM: Steven Krokoff, City Manager 0 AGENDA ITEM: Proclamation Recognizing Thrombosis Awareness Month. MEETING DATE: Monday, March 18, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,)/XPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES ( yXo CITY ATTORNEY REVIEW REQUIRED: (J YES (JiNO APPROVAL BY CITY ATTORNEY: (J APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 05 II 8/ 2( (') 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cifyofmiltonga.us 0000 Proclamation THROMBOSIS AWARENESS MONTH WHEREAS, Thrombosis is the formation of a blood clot inside a blood vessel, obstructing the flow of blood through the circulatory system. This is potentially a fatal condition that can lead to DVT, stroke or other serious medical conditions; and WHEREAS, More than 600,000 people in the United States are estimated to develop venous thromboembolism or blood clots every year, with about 400,000 of them developing deep vein thrombosis, and about 300,000 dying due to these conditions; and WHEREAS, Pulmonary embolism, a serious and potentially fatal complication of deep vein thrombosis, affects at least 200,000 people in the United States annually and, if neglected, there is an increased risk of the clot traveling to the brain and causing a stroke; and WHEREAS, Through public awareness, promoting prompt diagnosis and proper treatment, the State of Georgia seeks to minimize the frequency of deep vein thrombosis, pulmonary embolism, and stroke among all Georgia citizens and those who visit our great state; and WHEREAS, The Mission of Georgia Thrombosis Forum (GTF, www.gtfonline.net) and North American Thrombosis Forum (NATF, www.natfonline.org) is to increase the awareness of thrombosis and to conduct research in the areas of venous thromboembolism; and WHEREAS, Research conducted in the City of Milton by Ms. Mrunalini Ghangrekar, Mr. Tej Murudkar and Mr. Tejas Deodhar, three of the volunteers of GTF, pertaining to the awareness of thrombosis, indicates that the risk of thrombosis is very much prevalent in the City of Milton and more work needs to be done in the community to reduce the burden of this condition in Milton. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton hereby recognize and proclaim March 2019, and the month of March each year thereafter, as Thrombosis Awareness Month and urge all citizens to support efforts of GTF and NATF to reduce the number of people affected by this condition. Given under my hand and seal of the City of Milton, Georgia on this 18th day of March, 2019. ____________________________________ Joe Lockwood, Mayor MILTON* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 11, 2019 FROM: Steven Krokoff, City Manager 0) AGENDA ITEM: Consideration of an Ordinance to Revise Article III - Officers and Employees, Division 2 -Travel and Meal Expenditure Policy. MEETING DATE: Monday, March 18, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (1APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (I5 ES (J NO CITY ATTORNEY REVIEW REQUIRED: (I� ES (J NO APPROVAL BY CITY ATTORNEY: (APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 05iIy I wt el 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Sam Trager, Director of Human Resources Date: Submitted on March 11, 2019 for First Presentation on March 18, 2019 and Unfinished Business on April 8, 2019. Agenda Item: Consideration of an Ordinance to Revise Article III – Officers and Employees, Division 2 – Travel and Meal Expenditure Policy. _____________________________________________________________________________________ Department Recommendation: Approve the attached changes to revise City Ordinances related to the Travel and Meal Expenditure Policy. Executive Summary: In order to be more efficient and address concerns with our travel ordinance, the attached document revises the City’s travel ordinance and allows the City Manager to control and administer the policy. Funding and Fiscal Impact: $0 Alternatives: Other Council directed action. Legal Review: Ken Jarrard, Jarrard and Davis (March 11, 2019) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Ordinance and New Travel Policy (Exhibit B) Page 1 of 4 TRAVEL AND MEAL POLICY Scope; applicability. The City of Milton will maintain a Travel and Meal Expenditure Policy (“Policy”) and the Policy will be maintained and administered under the direction of the City Manager. The City Manager or his/her designee is authorized to amend the Policy, as necessary, from time to time. The Policy will be made available to employees and employees are expected to acknowledge receipt of same, to include any updates or amendments. A current version of the Policy will also be made available on the City website. This section provides guidance on authorized expenditures for all departments under the authority of the City Manager as well as elected and appointed officials**. This section addresses restrictions regarding those costs incurred for travel and meal expenses by any elected official**, city employee, or board member who travels on city-related business. Appropriation. In conjunction with the annual budget process, the city council shall authorize department appropriations for travel and meal expenses consistent with the annual adopted operating budgets. Departments shall not incur travel expenditures unless an appropriation is available or budget amendment has been completed. Expenditure approval. All expenditures relating to travel and meals shall be processed consistent with procurement/purchasing guidelines. Once the Finance Department receives the proper and required documentation from the incurring departments, the execution of payment shall occur. The Finance Department shall only process transactions for payment that are supported by the required departmental approval(s) for the dollar amount of the expenditure, including adequate documentation justifying the expenditure(s), received either electronically or in writing. Settlement of disputed reimbursement claims. The Finance Department shall review expenditure documents for compliance and consistency with all city policies and procedures. Expenditure reimbursement requests that are not in compliance with these policies and procedures shall be returned to the originating department with recommendations for changes (e.g., travel issues, identification of non-reimbursable items, request for further backup, incorrect rates). In the event the department does not agree with the recommendations, the City Manager shall make the final decision regarding whether to authorize the reimbursement. Travel expenses. The city shall reimburse/pay expenses incurred by elected officials ** and employees for travel relating to official city business. The term "official city business" means that activity undertaken in the course and scope of transacting matters on behalf of the City of Milton which has been approved prior to the expenditure being incurred on a city travel reimbursement form. Travel authorization is required for any travel exceeding 50 miles from either (1) City hall, (2) the employee's place of work, or (3) the Page 2 of 4 employee’s/official’s** residence, whichever place of origin is closest to the travel destination. (1) Lodging. Hotel/motel charges shall qualify for reimbursement when they exceed a 50-mile radius as calculated by the travel expense formula set forth above. All traveling personnel shall minimize the expense associated with hotel/motel costs by procuring a government rate for qualified stays. Lodging expense shall be benchmarked against the U.S. General Services Administration (GSA) approved per-diem rate of reimbursement. When the GSA rate is exceeded by 20 percent or more, additional justification shall be required from the traveler. When traveling in the state, all travelers must use the hotel/motel tax-exempt status form. Sales and occupancy taxes charged for lodging within the state do not qualify as eligible reimbursable travel expenses under this policy. Per diem rates can be found at www.gsa.gov. Hotel accommodations for travel less than a 50-mile radius from the city must be approved by the employee's department head or City Manager/designee. (2) Transportation. Approved modes of transportation include vehicle, air, rail, or taxi and public transportation. The method selected by the traveler shall be subject to the most economically feasible, taking into consideration the value of time. If a city vehicle is available, it should be used in lieu of a personal vehicle. Generally, the city will not reimburse for the use of a personal vehicle within ten miles of an employee's official headquarters and/or residence. a. Mileage. The City will abide by the GSA mileage reimbursement schedule. Please note there are different rates for reimbursement based on whether or not a city vehicle is available for use. If a City Vehicle is available, and the employee chooses to use their personal vehicle, mileage will be reimbursed at the lower rate. If a city vehicle is not available, the City Manager or their designee must approve, in writing, the higher reimbursement rate prior to the trip. Mileage shall be calculated using the same methodology for determining the place of origin as it set forth in the “travel expense” section of these policies. Expenses associated with employee's vehicles such as fuel, oil, tires, etc., deemed normal wear and tear, shall not be subject to reimbursement and will be the responsibility of the traveler. Miles traveled in city owned vehicles shall not be subject to reimbursement to the traveler. Expenses associated with the travel in city vehicles such as fuel, oil, tires, etc., shall be the city's responsibility, and necessary purchases should follow normal purchasing guidelines and processes. b. Rental cars. Expenses associated with rental cars (i.e., rental expense and fuel) will be paid at cost, upon submission of a receipt. Employees shall rent mid-size or smaller vehicles, or an appropriate vehicle size based upon the number of employees/personnel needing transportation. Expenses associated with exceeding this car class will be the responsibility of the traveler. Employees should decline additional insurance coverage offered by rental car companies since the city's insurance coverage is applicable to car rentals. c. Air/rail. Transportation provided by major airlines or railroads shall be paid at cost to the traveler. Travel will be limited to coach/economy classes of service. In the event the traveler chooses a class higher than coach/economy (i.e., business or first class) or to Page 3 of 4 extend the trip and change departure or arrival dates, the difference of the expense shall be the responsibility of the traveler. Any reduction in the expense associated with transportation costs as a result of extended or modified travel dates for personal benefit shall not be provided back to the traveler. d. Taxi/shuttle/Uber/Lyft. Expenses associated with local transportation will be deemed eligible expenses as long as receipts (including digital receipts) are provided with point-to-point explanations for this mode of transportation. Such documentation should accompany receipts. 3. Meals/incidentals. a. Meals. i. Expenses associated with meals (i.e., breakfast, lunch and dinner) and incidentals (e.g., snacks, tips, miscellaneous) shall be administered on a per diem basis by the city. Per diem amounts will be derived from the U.S. General Services Administration (GSA), which can be found at www.gsa.com. Per diem will be advanced to the employee prior to travel. Receipts will not be required o n incidental or meal expenses. A meal provided by a common carrier or a complimentary meal provided by a hotel/motel will not effect the per diem. For meals provided on the day of departure and the last day of travel, you must deduct the entire allocated meal cost from the decreased per diem. ii. Alcoholic beverages are not an allowable reimbursable expense and will not be reimbursed pursuant to the city's personnel policies. iii. Expenses incurred for meals on non-overnight travel shall not be reimbursed. b. Program/seminar/conference fees. Charges relating to the traveler's attendance to the particular event (e.g., training, conference, seminar, etc.) shall be paid by the corresponding department, subject to the provisions identified for expenditures in the city's expenditure and purchasing policies. c. Telephone/long distance. Telephone, fax, long distance, Internet, and communication expenses, including postage, shall be reimbursed when relating to the traveler's employment. Expenses for business communication shall be limited to $10.00 per day. d. Laundry/dry cleaning. When travel is scheduled for more than five consecutive days, reimbursement for laundry and dry cleaning expenses will be allowed. Expenses shall be paid at the cost of the services provided. e. Travel advances. Each traveler shall pay for expenses associated with travel on a city-issued credit card, with the exception of meals or incidental expenses. Travel advances for meal/incidental expenses shall be provided to the employee prior to travel by the Finance Department. f. Dependents/spouses not eligible for per diem. Dependents/spouses accompanying employees on official business shall not be eligible for reimbursed Page 4 of 4 expenses by the city. If a dependent or spouse accompanies an employee on an authorized business trip, only those expenses that can be directly attributed to the employee will be reimbursed. Per diem used for expenses other than those directly attributable to the employee will be allowed, however, the per diem amount will not be increased because of dependent/spouse travel. g. Official business expenses. The mayor**, city council**, city manager, department directors and senior city management shall be allowed to conduct official city business while on travel. The submission of expenses related to such official business will be required in order to receive reimbursement. Such items may include expenses associated with meetings or business meals outside of the scope of the purpose of travel. h. Workers' compensation policies. Employees on official business shall follow the city's workers' compensation policies in the event of any on-the-job injury. **Elected officials are provided greater flexibility under this Policy than are employees and appointed officials. The expectation of this Policy is that, as to elected officials only, the above Policies are guidelines and elected officials shall have reasonable discretion to modestly depart from same. Such departures are, however, subject to review by the City Manager and, to the extent that the City Manager believes, in his or her reasonable discretion, that specific Policy departures are not in the best financial interests of the City of Milton – then strict compliance on all or any particular item may be required. 1 EXHIBIT A DIVISION 2. - TRAVEL AND MEAL EXPENDITURE POLICYY Sec. 2-107. - Scope The City of Milton will maintain a Travel and Meal Expenditure Policy (“Policy”) and the pPolicy will be maintained and administered under the direction of the City Manager. The City Manager or his/her designee is authorized to amend the Policy, as necessary, from time to time. The Policy will be made available to employees and employees are expected to acknowledge receipt of same. A current version of the Policy will also be made available on the City website. Sec. 2-108 - Reserved This section provides guidance on authorized expenditures for all departments under the authority of the city manager, mayor and city council. This section shall cover those costs incurred fo r travel and meal expenses by any elected official, city employee, or board member who travels on city -related business. Operating guidelines and procedures for procuring travel and meal expenses shall be issued under separate cover as they do not constitute nor necessitate city council approval. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-108. - Appropriation. In conjunction with the annual budget process, the city council shall authorize department appropriations for travel and meal expenses consistent with the annual adopted operating budgets. Departments shall not incur travel expenditures unless an appropria tion is available, or budget amendment has been completed. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-109. - Expenditure approval. All expenditures relating to travel and meals shall be processed consistent with procurement/purchasing guidelines. Once the city treasurer's office receives the proper documentation from the incurring departments, the execution of payment shall occur. The city treasurer's office shall only process transactions for payment based upon the proper approval for the dollar amount of the expenditure, including adequate documentation, received either electronically or in writing. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-110. - Settlement of disputed reimbursement claims. The city treasurer's office shall review expenditure documents for compliance and appropriateness with all city policies and procedures. Expenditure reimbursement requests that are not in compl iance with these policies and procedures shall be returned to the originating department with recommendations for changes (e.g., travel issues, cellular phone use). In the event the department does not agree with the recommendations, the city manager shall make the final decision regarding whether to authorize the reimbursement. (Ord. No. 06-11-05, 11-21-2006) 2 Sec. 2-111. - Travel expenses. The city shall reimburse/pay expenses incurred by elected officials and employees for travel relating to official city business. The term "official city business" means that which has been approved prior to the expenditure being incurred on a city travel authorization form. Travel authorization forms are required for any travel exceeding 50 miles of the employee's p lace of work. (1) Lodging. a. Hotel/motel charges shall qualify for reimbursement when they exceed a 50 -mile radius of the employee's place of work. All traveling personnel shall minimize the expense associated with hotel/motel costs by procuring a gov ernment rate for qualified stays. Lodging expense shall be benchmarked against the U.S. General Services Administration (GSA) approved per-diem rate of reimbursement. When the GSA rate is exceeded by 20 percent or more, additional justification shall be required from the traveler. When traveling in the state, all travelers must use the hotel/motel tax-exempt status form. Sales and occupancy taxes charged for lodging within the state do not qualify as eligible reimbursable travel expenses under this policy. Per diem rates can be found at www.gsa.gov. Hotel accommodations for travel less than a 50-mile radius from the city must be approved by the employee's department head. b. Elected officials, the city manager, department directors, and city management sha ll be allowed hotel accommodations for travel less than a 50 -mile radius from the city, based upon meeting schedules and attendance needs. (2) Transportation. Approved modes of transportation include vehicle, air, rail, or taxi and public transportation. The method selected by the traveler shall be subject to the most economically feasible, taking into consideration the value of time. If a city vehicle is available, it should be used in lieu of a personal vehicle. Generally, the city will not reimburse fo r the use of a personal vehicle within ten miles of an employee's official headquarters and/or residence. a. Mileage. Miles traveled in personal vehicles shall be reimbursed at the rate designed by the Internal Revenue Service. Mileage shall be calculated using the employee's place of work as the origination point, so long as the employee reported to work prior to departing to the destination. In the event the employee does not report to work prior to traveling to the destination, mileage shall be reimbur sed from the employee's origin, less their normal commute to the workplace. Expenses associated with employee's vehicles such as fuel, oil, tires, etc., deemed normal wear and tear, shall not be subject to reimbursement and will be the responsibility of the traveler. Miles traveled in city-owned vehicles shall not be subject to reimbursement to the traveler. However, expenses associated with the travel in city vehicles such as fuel, oil, tires, etc., shall be the city's responsibility, and necessary purchas es should follow normal purchasing guidelines and processes. b. Rental cars. Expenses associated with rental cars (i.e., rental expense and fuel) will be paid at cost, with receipts provided. Employees shall rent mid -size or smaller vehicles, or an appropriate vehicle size based upon the number of employees needing transportation. Expenses associated with exceeding this car class will be the responsibility of the traveler. Employees should decline additional insurance coverage offered by rental car compan ies since the city's insurance coverage is applicable to car rentals. c. Air/rail. Transportation provided by major airlines or railroads shall be paid at cost to the traveler. Travel will be limited to coach/economy classes of service. In the event the traveler chooses a class higher than coach/economy (i.e., business or first class) or to extend the trip and change departure or arrival dates, the difference of the expense shall be the responsibility of the traveler. Any reduction in the expense associat ed with transportation costs as a result of extended or modified travel dates for personal benefit shall not be provided back to the traveler. 3 d. Taxi/shuttle. Expenses associated with local transportation will be deemed eligible expenses as long as receipts are provided with point-to-point explanations for this mode of transportation. Such documentation should accompany receipts. e. Meals/incidentals. 1. Expenses associated with meals (i.e., breakfast, lunch and dinner) and incidentals (e.g., snacks, tips, miscellaneous) shall be administered on a per diem basis by the city. Per diem amounts will be derived from the U.S. General Services Administration (GSA), which can be found at www.gsa.com. Per diem will be advanced to the employee prior to travel. Receipts will not be required on incidental or meal expenses. Overages of meal expenses will be the responsibility of the employee, while any savings may be retained by the employee. 2. Alcoholic beverages are not allowable reimbursable expenses, and wi ll not be reimbursed pursuant to the city's personnel policies. Expenses incurred for meals when travel has not included overnight stay shall be reimbursed under subsection (2)e.1 of this section. f. Program/seminar/conference fees. Charges relating to the traveler's attendance to the particular event (e.g., training, conference, seminar, etc.) shall be paid by the corresponding department, subject to the provisions identified for expenditures in the city's expenditure and purchasing policies. g. Telephone/long distance. Telephone, fax, long distance, Internet, and communication expenses, including postage, shall be reimbursed when relating to the traveler's employment. Expenses for business communication shall be limited to $10.00 per day. h. Laundry/dry cleaning. When travel is scheduled for more than five consecutive days, reimbursement for laundry and dry cleaning expenses will be allowed. Expenses shall be paid at the cost of the services provided. i. Travel advances. Each traveler shall pay for expenses associated with travel on a personal credit card, with the exception of meals or incidental expenses. Travel advances for meal/incidental expenses shall be provided to the employee prior to travel by the city treasurer's office. j. Dependents/spouses not eligible for per diem. Dependents/spouses accompanying employees on official business shall not be eligible for reimbursed expenses by the city. If a dependent or spouse accompanies an employee on an authorized busine ss trip, only those expenses that can be directly attributed to the employee will be reimbursed. Per diem used for expenses other than those directly attributable to the employee will be allowed, however, the per diem amount will not be increased because o f dependent/spouse travel. k. Official business expenses. The mayor, city council, city manager, department directors and management of the city shall be allowed to conduct official city business while on travel. The submission of expenses related to such official business will be required in order to receive reimbursement. Such items may include expenses associated with meetings or business meals outside of the scope of the purpose of travel. l. Workers' compensation policies. Employees on official business shall follow the city's workers' compensation policies in the event of any on -the-job injury. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-112. - Nontravel meals. 4 Expenses related to the furnishing of meals, snacks, or food sh ould be limited to the following circumstances: (1) Meetings hosted by the city council or city manager; (2) A meeting during regularly scheduled business hours required by law or authorized by a department director which is anticipated to last more th an four hours and which, is scheduled through normal meal times; (3) A business meal with someone other than another city official or employee in order to discuss a specific item of city business; and (4) Meals that are an integral part of a scheduled meeting at which the individual is required to attend. Receipts provided for meals within this category should detail the nature of the meeting and the people who were present for discussion. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-113. - Submission of expenses. All expenses relating to travel shall be submitted to the city treasurer's office no later than ten days after return from the trip. Nontravel meals shall be submitted no later than seven days from the date of occurrence. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-11408. - Employee break rooms. City facilities equipped with break rooms shall be furnished with potable water, coffee, tea, hot cocoa, creamer, sugar, and cups/stirrers at the city's expense. Vending machines will also be available for th e use of elected officials and staff. (Ord. No. 06-11-05, 11-21-2006) Secs. 2-11509—2-133. - Reserved. Formatted: Font color: Red TO: FROM: MILTON111 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 12, 2019 Steven Krokoff, City Manager 0 AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 2, Article VI, Division 3 to Revise the City's Budgetary Policy Regarding Budget Stabilization Resources and Utilization of Prior Year's Fund Balance. MEETING DATE: Monday, March 18, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,kAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (44ES () NO CITY ATTORNEY REVIEW REQUIRED: (YES () NO APPROVAL BY CITY ATTORNEY: (,•IAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: c,5/10W6 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us VAI To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on March 12, 2019 for the March 18, 2019 Regular City Council Meeting (First Presentation) and April 8, 2019 (Unfinished Business) Agenda Item: Consideration of an Ordinance to Amend Chapter 2, Article VI, Division 3 to Revise the City’s Budgetary Policy Regarding Budget Stabilization Resources and Utilization of Prior Year’s Fund Balance Department Recommendation: The recommendation is to approve the amendment as presented. Executive Summary: In 2017, amendments were made to the Fund Balance Policy that revised the minimum fund balance the City should maintain from 16% of the subsequent year’s operating expenditures to 25% of the subsequent year’s operating revenues. The Budgetary Policy was also amended to reflect the changes made to the Fund Balance Policy; however, there were additional revisions needed in the section that discussed the utilization of prior year’s fund balance in budget (Chapter 2, Article VI, Division 3, Sec. 2-345 (e)(8)). We are proposing amendments to the Budgetary Policy that cleans up the definitions of Budget Stabilization Resources and Utilization of Prior Year’s Fund Balance in Budget and removes any conflicting language. Funding and Fiscal Impact: None Alternatives: None Legal Review: Approved by Aaron Meyer with Jarrard & Davis on 3/11/19 Concurrent Review: Steven Krokoff, City Manager ORDINANCE NO. STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 2, ARTICLE VI, DIVISION 3 TO REVISE THE CITY’S BUDGETARY POLICY REGARDING BUDGET STABILIZATION RESOURCES AND UTILIZATION OF PRIOR YEAR’S FUND BALANCE The Council of the City of Milton hereby ordains, while in regularly called Council meeting on the 8th day of April, 2019 at 6:00 p.m., as follows: WHEREAS, the City has adopted a formal Budgetary Policy, codified at Chapter 2, Article VI, Division 3 of the City’s Code of Ordinances; and, WHEREAS, the City desires to revise its Budgetary Policy to modify language that conflicted with the Fund Balance Policy; NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS as follows: 1. That Chapter 2, Article VI, Division 3, Sec. 2-345 (e) of The Code of the City of Milton, Georgia, is hereby amended by incorporating the insertions and deletions shown in the document attached hereto and incorporated herein by reference as “Exhibit A.” 2. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are hereby repealed. 3. That this Ordinance shall become effective upon its adoption. SO ORDAINED this 8th day of April, 2019. Approved: _______________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (CITY SEAL) EXHIBIT A REDLINED VERSION Article VI, Division 3, Sec. 2-345 (e) (7) Budget stabilization resources. a. The city shall establish a fund-balance reserve in all operating funds for working capital. The purpose of working capital is to:adequate fund balances and reserves according to the city’s fund balance policy (see Division 13 of this Article). 1. Cover the cost of expenditures caused by unforeseen emergencies; 2. Cover shortfalls caused by revenue declines; and 3. Eliminate any short-term borrowing for cash flow purposes. This reserve shall accumulate and then be maintained at an amount, which represents no less than 25 percent of the subsequent year's budgeted revenues. (8) Utilization of prior year's fund balance in budget. If necessary, the city may use the fund balance in excess of the reserve for working capital (see subsection (e)(7) of this section) surplus fund balance as a funding source for that fund's budget in any given year. The amount of unreserved surplus fund balance shall be estimated conservatively, taking into consideration the future year's needs. The minimum requirement for the reserve for working capital, equal to two months of operating and debt expenditures, must first be met before utilizing the excess fund balance as a funding source for the budget. The utilization of fund balance shall be deemed a use of one-time revenues for budgeting purposes. CLEAN VERSION Article VI, Division 3, Sec. 2-345 (e) (7) Budget stabilization resources. a. The city shall establish adequate fund balances and reserves according to the city’s fund balance policy (see Division 13 of this Article). (8) Utilization of prior year's fund balance in budget. If necessary, the city may use the surplus fund balance as a funding source in any given year. The amount of surplus fund balance shall be estimated conservatively, taking into consideration the future year's needs. The utilization of fund balance shall be deemed a use of one-time revenues for budgeting purposes. KIN TO: FROM: MltTON-Illk ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 14, 2019 Steven Krokoff, City Manager® AGENDA ITEM: Consideration of an Ordinance to Amend Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 (N 2-8) of the Milton City Code MEETING DATE: Monday, March 18, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,v`A PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ( ) YES (,KNO CITY ATTORNEY REVIEW REQUIRED: () YES (�^O APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 03116 /1t41 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on 3/14/2019 for the 3/18/2019 City Council Meeting (First Presentation) and the 4/8/2019 City Council Meeting (Unfinished Business) Agenda Item: Consideration of an Ordinance to Amend Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 (N 2-8) of the Milton City Code ____________________________________________________________________________ Department Recommendation: Staff is recommending the Adoption of the Amendment to Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 (N 2-8) of The Milton City Code. Executive Summary: The City of Milton Parks and Recreation Department Fee Schedule was last reviewed on April 23, 2018 in anticipation of the inaugural swim season at the Milton City Pool . Since that time, Council has provided additional guidance regarding long-term planning for this newly acquired city facility/amenity. As such, there is a need to update the pool pass structure to more adequately serve the long-term needs of our citizens. The Fee Schedule now includes three new season membership options. The first is a senior citizen rate of $55.00 for the whole season. The second is an individual pass of $75.00 for the entire season. The third is a seven member family pass for $350.00. The seasonal pass will permit members to access the pool every day the pool is open between Memorial Day and Labor Day. The additional three options have no effect on the originally proposed and adopted fee schedule. Funding and Fiscal Impact: The adoption of this resolution allows the City to further encourage the usage of the pool at the former Milton Country Club property (i.e. Milton City Pool). The addition also provides us with the opportunity to expand access to our senior citizens. Alternatives: If this resolution is not adopted, our alternative is to not add on to the current admission rates for the use of the pool. Legal Review: There was no legal review done for this amendment. Concurrent Review: Steven Krokoff, City Manager Attachment(s): 1) Ordinance – Appendix A Chapter 34 Section 24 (N 2-8) 2) Chapter 34 - Table of Fees and Charges APPENDIX A 34-24 (a) (1)Diamond field rental rates at Bell Memorial Park or IGA fields - Milton Citizen Rate $25.00 per hour 34-24 (a) (2)Diamond field rental rates at Bell Memorial Park or IGA fields - Milton Citizen Rate $37.50 per hour 34-24 (a) (3)Diamond field rental rates at Bell Memorial Park or IGA fields - Milton Citizen Rate $75.00 34-24 (a) (4)Diamond field rental rates at Bell Memorial Park or IGA fields - Milton Citizen Rate $100.00 34-24 (a) (5)Diamond field rental rates at Bell Memorial Park or IGA fields - Milton Citizen Rate $500.00 34-24 (b) (1)Rectangular Artificial Turf Fields at Bell Memorial Park - Milton Citizen Rate $75.00 per hour 34-24 (b) (2)Rectangular Artificial Turf Fields at Bell Memorial Park - Milton Citizen Rate $100 per hour 34-24 (b) (3)Rectangular Artificial Turf Fields at Bell Memorial Park - Milton Citizen Rate $100.00 34-24 (b) (4)Rectangular Artificial Turf Fields at Bell Memorial Park - Milton Citizen Rate Determined on am individual case basis, limited to the cost to the City. 34-24 (c) (1)Rectangular Natural Turf Fields at IGA Fields - Milton Citizen Rate $25.00 per hour 34-24 (c) (2)Rectangular Natural Turf Fields at IGA Fields - Milton Citizen Rate $100.00 34-24 (d) (1)Facility rental rates at Bethwell Community Center - Milton Citizen Rate $50.00 per hour 34-24 (d) (2)Facility rental rates at Bethwell Community Center - Milton Citizen Rate $50.00 34-24 (e) (1)Tennis Court rental rates at the Milton Country Club - Milton Citizen Rate $5.00 per hour 34-24 (f) (1)Facility rental rates at Community Place - Milton Citizen Rate $50.00 per hour 34-24 (f) (2)Facility rental rates at Community Place - Milton Citizen Rate $200.00 34-24 (g)Facility rental rates at Friendship Community Park Pavilion Only - Milton Citizen Rate $10.00 per hour 34-24 (h) (1)Facility rental rates at Broadwell Pavilion Only - Milton Citizen Rate $50.00 per hour 34-24 (h) (2)Facility rental rates at Broadwell Pavilion Only - Milton Citizen Rate $350.00 34-24 (h) (3)Facility rental rates at Broadwell Pavilion Only - Milton Citizen Rate $100.00 34-24 (i) (1)Camp Joyful Soles $175.00 34-24 (i) (2)Camp Joyful Soles $50.00 34-24 (j)Administrative Fee $15.00 34-24 (k)Employee Discount 50% off of the City of Milton Resident rate 34-24 (l)Non-Resident Rate 50% increase over City of Milton Resident rate 34-24 (m)Independent Contractor Commissions No less than 10% and no more than 30% 34-24 (n) (1)Admission Fee to the Milton Pool $5.00 34-24 (n) (2)Admission Fee to the Milton Pool $55.00 34-24 (n) (3)Admission Fee to the Milton Pool $75.00 34-24 (n) (4)Admission Fee to the Milton Pool $200.00 34-24 (n) (5)Admission Fee to the Milton Pool $250.00 34-24 (n) (6)Admission Fee to the Milton Pool $300.00 34-24 (n) (7)Admission Fee to the Milton Pool $350.00 34-24 (n) (8)Replacement Fee $5.00 Chapter 34 -- Parks, Recreation and Cultural Affairs At the discretion of the Parks ands Recreation Director based upon services provided and fees charged One Field without lights, two hour minimum rental Refundable Security Deposit Rentals offered with lights and fan in a minimum of two hours Refundable Security Deposit Refundable Personal Gas Grill Use Deposit City of Milton employees may receive a discount on City of Milton directly offered programs (Does not apply to programs offered through Independent Contractors) Non-refundable, Non-transferable Deposit per week Approved Refunds/Cancellations Applies to all individuals and businesses not based in Milton Daily Fee - One Guest - One Admission for the Entire Day Season Pass - Memorial Day thru Labor Day - Admission for up to 4 Guests Season Pass - Memorial Day thru Labor Day - Admission for up to 5 Guests Season Pass - Memorial Day thru Labor Day - Admission for up to 6 Guests Replacement of Lost or Damaged Season Pass Season Pass - Memorial Day thru Labor Day - Admission for Senior Citizens ages 55+ Season Pass - Memorial Day thru Labor Day - Admission for a Single Guest Season Pass - Memorial Day thru Labor Day - Admission for up to 7 Guests One Field without lights, two hour minimum rental One Field with lights, two hour minimum rental Rentals offered in a minimum of two hours Rentals offered in a minimum of two hours Registration Fee per week Field preparation - dragging and lining Refundable Security Deposit Refundable Security Deposit Rentals offered in a minimum of one hour intervals For a Special Event for a Day One Field without lights, two hour minimum rental One Field with lights, two hour minimum rental Refundable Security Deposit Other services; i.e. field lining , etc. Rentals offered in a minimum of two hours Refundable Security Deposit STATE OF GEORGIA COUTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND APPENDIX A, PARKS AND RECREATION FEES AND OTHER CHARGES, CHAPTER 34, SECTION 24 OF THE MILTON CITY CODE BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on April 8, 2019 at 6:00 p.m. does hereby ratify and approve the following Ordinance: SECTION 1. Pursuant to that authorization in Chapter 34, Section 24 (N 2-8) of the Milton Code, Appendix A of the Milton Code is hereby amended to include a table of fees and charges that may be assessed and collected for access and use of City-owned or controlled parks, recreational fields and cultural amenities, with the schedule of said fees and charges as set forth in Exhibit A to this Ordinance. SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 8th day of April, 2019. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal) MILTON111 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 11, 2019 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to BCG Cap Cross, LLC., d/b/a Crooked Creek Club, 3430 Highway 9 North, Milton, Ga. 30004. MEETING DATE: Monday, March 18, 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: () YES (�NO CITY ATTORNEY REVIEW REQUIRED: () YES NAO APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: &;)i1t) WA) () NOT APPROVED 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: Bernadette Harvill, Finance Director Date: Submitted on February 4, 2019 for the March 18, 2019 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to BCG Cap Cross, LLC., d/b/a Crooked Creek Club, 3430 Highway 9 North, Milton, Ga. 30004 _____________________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license for BCG Cap Cross, LLC. d/b/a Crooked Creek Club for consumption on premises of Wine, Malt Beverages and Distilled Spirits. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application is submitted due to change in ownership. Staff has processed the application and recommends issuance of the applicable license for: Business Name: BCG Cap Cross, LLC. d/b/a Crooked Creek Club Contact Name: Kimberly Stahl Business Address: 3430 Highway 9 North, Milton, Georgia 30004 Type of License: Consumption on Premises – Wine, Malt Beverages and Distilled Spirits Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Steven Krokoff, City Manager MILTON111 r ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 11, 2019 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Yan Ling Inc., d/b/a Tokyo Sushi, 980 Birmingham Road, Suite 303, Milton, Ga. 30004. MEETING DATE: Monday, March 18, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (�14PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (J YES (JI -MO CITY ATTORNEY REVIEW REQUIRED: (J YES (AO APPROVAL BY CITY ATTORNEY: (J APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: v�/16/2'.1Cl 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: Bernadette Harvill, Finance Director Date: Submitted on February 25, 2019 for the March 18, 2019 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Yan Ling Inc., d/b/a Tokyo Sushi, 980 Birmingham Road, Suite 303, Milton, Ga. 30004 _____________________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license for Yan Ling Inc., d/b/a Tokyo Sushi for consumption on premise of Wine and Malt Beverages. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application is submitted due to change in ownership. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Yan Ling Inc., d/b/a Tokyo Sushi Contact Name: YanLing Li Business Address: 980 Birmingham Road, Suite 303, Milton, Georgia 30004 Type of License: Consumption on Premise – Wine and Malt Beverages Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Steven Krokoff, City Manager MILTON, k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 11, 2019 FROM: Steven Krokoff, City Manager6g) AGENDA ITEM: Consideration of RZ19-01 - Amendment to Sec. 64-1 - Definitions and Section 64-395 - Uses Prohibited in all Zoning Districts as it relates to Vape Shops. MEETING DATE: Monday, March 18, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (, IAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (tVYES () NO CITY ATTORNEY REVIEW REQUIRED: ( 44 () NO APPROVAL BY CITY ATTORNEY: (�,XPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: ':�' h t / Z` 1 y 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us 0000 From: Parag Agrawal, AICP, Community Development Director To: Honorable Mayor and City Council Members Re: Text Amendment – RZ19-01 – Amendment to Sec. 64-1 – Definitions and Sec. 64-395 – Uses Prohibited in all zoning districts as it relates to vape shops Date: February 28, 2019 for the March 18, 2019 Mayor and City Council Meeting (March 4, 2019 First Presentation and March 11, 2019 Council Work Session) Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: The purpose of the text amendment is to prohibit vape shops entirely within the City of Milton. The amendment attached includes a definition of vape shops (Sec. 64-1) as well as the prohibition of vape shops in all zoning districts (Sec. 64- 395). Currently there is only one vape shop that operates within the City and is located at 631 North Main Street (Hwy 9). This business will be allowed to continue to operate as it was in existence prior to the adoption of these proposed regulations. The reason for this text amendment is that recently in our area, the use of marijuana substitutes has caused several of our city’s teens the need to seek urgent medical attention after ingestion. Though currently legal, these largely unregulated products, typically sold in convenience stores or vape shops, contain ingredients that are known to be harmful. On July 19, 2018, the United States Food and Drug Administration (FDA) issued a warning related to these products. According the FDA: “There are a number of synthetic marijuana products being illegally marketed and used for their psychoactive effects. The FDA has previously worked with the Drug Enforcement Administration (DEA) to place several synthetic cannabinoids into Schedule I of the Controlled Substances Act to avoid an imminent hazard to public safety. Generally, these products have been known to be associated with adverse effects including rapid heart rate, vomiting, violent behavior and suicidal thoughts, and an increase in blood pressure, as well as causing reduced blood supply to the heart, kidney damage, and seizures. By prohibiting new vape shops, this will hopefully assist in limiting the ongoing purchase and ingestion of these type of products. Planning Commission Meeting on February 27, 2019 The Planning Commission supported the proposed text amendment to create a new definition for vape shops and prohibition of vape shops in all zoning districts. During the Commission’s deliberation the following suggestions were made for the definition of vape shops: 1) Consider lowering the definition of “primary” product line from 50 percent to a lower number. 2) Consider minimum age for purchase to be 21 instead of 18. 3) The word “electronic” be substituted for the reference to “e” in the listing of types of devices. 4) To include the verbiage “For the purposes of this section before the reference” to proceed the terms “alternative nicotine products” and “vape juice”. Staff has requested that the City Attorney and the Police Department provide feedback prior to any further changes be made to this ordinance. Legal Review: Jarrard & Davis (January and March 2019) Attachment(s): Text Amendment to Sec. 64-1 and Sec. 64-395 RZ19-01 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 18, 2019 (First Presentation on March 4, 2019 and Work Session on March 11, 2019) Sec. 64-1 Definitions Vape Shop means any business whose primary product line for retail sale is alternative nicotine products or vape juice, or both. Alternative nicotine products refer to any products or devices that employ an electronic heating element, power source, electronic circuit, battery, or other electronic, chemical, or mechanical means to produce a vapor that delivers nicotine to the person inhaling from the device, including electronic cigarettes, electronic cigars, electronic hookahs, electronic bongs and electronic pipes, whether manufactured, distributed, marketed, or sold as an electronic cigarette, electronic cigar, or electronic pipe. Vape juice refers to any liquid that contains compounds containing pharmaceutical grade vegetable glycerin, propylene glycol, nicotine, food-grade flavoring, and water, and can be used for vaping by means of an alternative nicotine product. For purposes of this code section, “primary” shall mean that alternative nicotine products, vape juice, or both constitute at least fifty percent of the business’s aggregate retail sales. Sec. 64-395. - Uses prohibited in all zoning districts. In all zoning districts the following uses are considered objectionable and are prohibited: Fortune telling establishment, massage parlor, pool hall, escort and dating services, vape shops, and tattoo and body art or piercing establishment. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ19-01 AN ORDINANCE TO AMEND SEC. 64-1 DEFINITIONS AND SEC. 64-395 USES PROHIBITED OF CHAPTER 64 – CRABAPPLE FORM BASED CODE, TABLE 9B AS IT RELATES TO LODGING. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on March 18, 2019 at 6:00 p.m. as follows: SECTION 1. That the amendments of Sec. 64-1 Definitions and Sec. 64-395 Uses Prohibited Uses in All Zoning Districts in the City of Milton Zoning Ordinance are hereby adopted and approved; and are attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 18th of March 2019. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk MILTON111 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 13, 2019 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution Adopting the City of Milton Ten Year Comprehensive Parks and Recreation Master Plan. MEETING DATE: Monday, March 18, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (410PROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (ANO CITY ATTORNEY REVIEW REQUIRED: () YES (A 0 APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: l76'1 � 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 0000 info@cityofmiltongo.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on March 13, 2019 for the March 18, 2019 Regular Council Meeting Agenda Item: Consideration of a Resolution Adopting the City of Milton Ten Year Comprehensive Parks and Recreation Master Plan ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of a Resolution Adopting the City of Milton Ten Year Comprehensive Parks and Recreation Master Plan. Executive Summary: The City has worked in a collaborative manner with citizens and industry professionals to create a City of Milton Ten Year Comprehensive Parks and Recreation Master Plan. This plan incorporates facility, land acquisition and programming planning, getting us through the year 2027. Funding and Fiscal Impact: This project was funded in April 2017 from the FY17 Capital Improvement Program. Alternatives: The only alternative would be to restart the process. Legal Review: None Concurrent Review: Steven Krokoff, City Manager Attachment(s): 1) Resolution Adopting the City of Milton Ten Year Comprehensive Parks and Recreation Master Plan Page 1 of 2 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION ADOPTING THE CITY OF MILTON PARKS AND RECREATION PROVIDENCE PARK MASTER PLAN AS A REFERENCE DOCUMENT BE IT RESOLVED by the City Council and the Mayor of the City of Milton, GA while in a Regular Meeting on March 18, 2019 at 6:00 p.m. as follows: WHEREAS, the City of Milton identified the need for a Ten Year Comprehensive Master Plan for the Parks and Recreation Department; and WHEREAS, in April 2017, the City approved the funding to create a Ten Year Comprehensive Master Plan for the Parks and Recreation Department in the City of Milton; and WHEREAS, the Consultant, Barge Waggoner, Sumner, Cannon, Inc. (now Barge Design Solutions, Inc.). has worked with the citizens of Milton and the City staff in a collaborative manner; and WHEREAS, the public interest will be served by the adoption of this Comprehensive Master Plan as a reference document. NOW THEREFORE BE IT RESOLVED, that the City Council and the Mayor of the City of Milton does hereby adopt; 1. The City of Milton Ten Year Comprehensive Master Plan for the Parks and Recreation Department for use as a reference document to project the current and future needs and desires of the community. This plan identifies key opportunities for programming and park planning that will contribute to the quality of life for all citizens of the City of Milton. Page 2 of 2 RESOLVED this 18th day of March 2019. Approved: ____________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk (Seal) TO: FROM: MILTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 11, 2019 Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution Requesting the Authorization to Transmit an Application to Atlanta Regional Commission for Funding Through the Livable Center Initiative (LCI) Program in the Amount of $120,000 to Conduct an Updated Study of the Hwy 9 and Deerfield Area. MEETING DATE: Monday, March 18, 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: (,I'YES () NO CITY ATTORNEY REVIEW REQUIRED: (JAES (J NO APPROVAL BY CITY ATTORNEY: („))APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: ts311ID) Ick � 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Parag Agrawal, Community Development Director Date: Submitted on March 11, 2019 for the March 18, 2019 Regular Council Meeting. Agenda Item: A Resolution Requesting the Authorization to Transmit an Application to Atlanta Regional Commission for funding through the Livable Center Initiative (LCI) Program in the amount of $120,000 to conduct an Updated Study of the Hwy 9 and Deerfield Area. ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The Atlanta Regional Commission (ARC) Board adopted policies in the Regional Transportation Plan (RTP) in May of 1999 that authorized funding for investments studies and transportation projects located in activity and town center throughout the region. This program, called Livable Center Initiative (LCI) has become a National Model and has been praised for its success in its unique ability to help communities envision a future and implement the projects. Key goals of the LCI program: • Create vibrant and healthy communities • Provide alternatives to driving • Engage the entire community The City of Milton was awarded LCI funding for a joint project with the City of Alpharetta in 2011/2012 for the Hwy 9, Windward and Deerfield area. The study identified the area as an activity center and economic engine. The Plan resulted in the implementation of the Form Based Code zoning and Transfer of Development Rights (TDR) program; and funded the redesign for the Bethany Bend and Hwy 9 intersection. It is good planning practice to update planning studies at five-year intervals. This LCI is beyond five years old and staff recognizes several good reasons to pursue this funding at this time. For this 2019 LCI application, the city will focus on the following priority areas: • Creative Placemaking • Green Infrastructure • Lifelong Communities • Smart Communities For this 2019 study, we intend to integrate some of the new LCI priorities such as creative placemaking, green infrastructure, lifelong communities & smart communities . We intend to respond to changes in the community since the 2012 study was conducted and explore the relationships to Marta and its plans for Bus Rapid Transit (BRT) along GA 400, our proximity to major developments such as Avalon, the McGinnis Ferry interchange proposal and other Forsyth County initiatives that affect this area, and the GDOT Hwy 9 widening project. We want to take a closer look at Hwy 9 and Webb Rd (Local Activity Center) since there has been recent redevelopment interest in that specific area. Since most of the area is a receiving area for TDRs, we want to find ways to increase the demand for TDRs that will in turn help protect Milton’s rural character . The inclusion of public art is a major component of “Creative Placemaking” and now that we have a Milton Arts Council, we want to involve this group and provide some direction. And lastly, we want to identify additional transportation projects that will become eligible for construction funding through ARC. The vision for the Deerfield area is to continue evolving as one of the City’s Future Development Areas as per the City’s Comprehensive Plans. It is identified as a mixed-use area with the intention to balance economic development while maintaining a human scale walkable environment. This resolution initiates the process of transmitting an application for funding to the Atlanta Regional Commission for their review and consideration. Funding and Fiscal Impact: $24,000 Alternatives: None. Legal Review: Ken Jarrard – Jarrard & Davis 03-11-2019 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Resolution to Transmit the Application to ARC STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE ATLANTA REGIONAL COMMISSION (ARC) FOR THE 2019 LIVABLE CENTERS INTITIATIVE (LCI) STUDY GRANT PROGRAM FOR FUNDING IN THE AMOUNT OF ONE HUNDRED, TWENTY THOUSAND DOLLARS ($120,000) IN ORDER TO CONDUCT AN UPDATED STUDY OF THE HWY 9 DEERFIELD AREA IN MILTON BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting on March 18, 2019 at 6:00 p.m. as follows: WHEREAS, the Atlanta Regional Commission (ARC) provides funds to local governments to prepare special transportation/land use studies which are funded through the ARC’s Livable Centers Initiative (LCI) Program, and WHEREAS, the Community Development Department of the City of Milton is prepared to submit an LCI grant application to request project funds in the amount of One Hundred, Twenty Thousand Dollars ($120,000) to study the area located within the Hwy 9 and Deerfield Form Based Code areas, and WHEREAS, provided that the City receives the grant, the ARC requires matching funds in the amount of Twenty-Four Thousand Dollars ($24,000), and WHEREAS, the Community Development Department of the City of Milton has identified up to Twenty-Four Thousand Dollars ($24,000) within the Community Development Budget for use in the cost of the required matching funds for the Hwy 9 and Deerfield study, and NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Milton does hereby authorize submission by the Community Development Department of the City of Milton of an application for a 2019 Livable Centers Initiative Study grant in the amount of One Hundred, Twenty Thousand Dollard ($120,000) for the Hwy 9 and Deerfield area to the Atlanta Regional Commission for consideration. RESOLVED this 18th, day of March 2019 Approved: _____________________________ Joe Lockwood, Mayor Attest: _________________________________ Sudie Gordon, City Clerk