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HomeMy WebLinkAboutAgenda Packet CC - 03/06/2017 - City Council Meeting Agenda Packet Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall, Suite 107E Monday, March 6, 2017 Regular Council Meeting Agenda 6:00 PM INVOCATION - Octavia Sargeant - St. James United Methodist Church – Alpharetta, Georgia CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 17-057) 4) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 6, 2017 Page 2 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 5) CONSENT AGENDA 1. Approval of the February 22, 2017 Regular City Council Meeting Minutes. (Agenda Item No. 17-058) (Sudie Gordon, City Clerk) 2. Approval of a Professional Services Agreement between the City of Milton and Atlanta Office Movers d/b/a Peachtree Movers. (Agenda Item No. 17-059) (Bernadette Harvill, Finance Director) 3. Approval of an Agreement between the City of Milton and A1A Let’s Get Tropical, LLC for Performance at “Beach Bash at Bell” at Bell Memorial Park on June 24, 2017. (Agenda Item No. 17-060) (Courtney Spriggs, Community Outreach Manager) 4. Approval of an Agreement between the City of Milton and The American Flyers Show Band for Performance at “Party on t he Plaza” April 29, 2017 . (Agenda Item No. 17-061) (Courtney Spriggs, Community Outreach Manage r) 5. Approval of an Agreement between the City of Milton and Cooper Carry, Inc. to Provide Conceptual Design Services for the Proposed Court/Fire/Police Facility on Highway 9 . (Agenda Item No. 17-062) (Carter Lucas, Assistant City Manager) 6. Approval of an Agreement between the City of Milton and NGL & Erosion Control Group, LLC to Provide Right of Way Mowing Services . (Agenda Item No. 17-063) (Carter Lucas, Assistant City Manager) 7. Approval of a Professional Services Agreement between the City of Milton and Buxton Company. (Agenda Item No. 17-064) (Sara LaDart, Economic Development Manager) 8. Approval of an Agreement between the City of Milton and Intercontinental Commercial Services, Inc. to Provide Janitorial Services for Various City Facilities. (Agenda Item No. 17-065) (Carter Lucas, Assistant City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 6, 2017 Page 3 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 6) REPORTS AND PRESENTATIONS 1. Presentation of a Grant by the Milton First Responders Foundation to the Milton Police Department for Specialized Tactical Equipment. (Brian Dolan, Chairperson, Milton First Responders Foundation) 7) FIRST PRESENTATION 1. Consideration of An Ordinance of the City of Milton, Georgia to Amend Chapter 4 of the Code of the City of Milton, Georgia to Amend the Requirements for the Issuance of Alcoholic Beverage Licenses; To Provide for the Repeal of Conflicting Ordinances; To Provide an Effective Date; And for Other Lawful Purposes. (Agenda Item No. 17-066) (Ken Jarrard, City Attorney) 2. Consideration of an Amendment to Chapter 2, Article VI – Financial Management Program to Provide for Necessary Updates and Revisions. (Agenda Item No. 17-067) (Stacey Inglis, Assistant City Manager) 3. Consideration of an Ordinance Creating the Milton Greenspace Advisory Committee (MGAC). (Agenda Item No. 17-068) (Kathleen Johnson, Conservation Project Manager) 8) PUBLIC HEARING (None) 9) ZONING AGENDA 1. Consideration of RZ16-05 - To Create Steep Slope Standards in Chapter 64, Article XVII, Division 3, Site Improvement Standards. (Agenda Item No. 17-009) (First Presentation at January 9, 2017 Regular City Council Meeting) (Discussed at January 18, 2017 City Council Work Session) (Deferred at January 30, 2017 City Council Meeting) (Carter Lucas, Assistant City Manager ) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 6, 2017 Page 4 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 10) UNFINISHED BUSINESS 1. Consideration of an Ordinance of the City of Milton, Georgia to Revise the City’s Procurement Policy with Respect to Engineering and Design Related Services in Federally-Funded Road Construction Projects; to Provide for the Repeal of Conflicting Ordinances; to Provide an Effective Date; and for Other Lawful Purposes. (Agenda Item No. 17-052) (First Presentation at February 22, 2017 Regular City Council Meeting) (Ken Jarrard, City Attorney) 11) NEW BUSINESS 1. Consideration of a Resolution Appointing a Member to the City of Milton Board of Zoning Appeals for District 1/Post 1. (Agenda Item No. 17-069) (Mayor Joe Lockwood) 2. Consideration of the following Subdivision Plat: Name of Development / Location Action Comments / # lots Total Acres Density 1. Tanglewood Preserve - Phase II LL 465 & 466 Chenery Drive Final Plat Create 14 Lots 25.32 .56 Lots / Acre (Agenda Item No. 17-070) (Kathleen Field, Community Development Director) 12) MAYOR AND COUNCIL REPORTS MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 6, 2017 Page 5 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 13) STAFF REPORTS Department Updates 1. Public Works 2. Fire 3. Community Outreach 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 17-071) I HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA MILTION't ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 27, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Services Agreement between the City of Milton and Atlanta Office Movers, Inc. dba Peachtree Movers MEETING DATE: Monday, March 6, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (1APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.YPES () NO CITY ATTORNEY REVIEW REQUIRED: (;YES O NO APPROVAL BY CITY ATTORNEY: (APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 651e4/Zufl REMARKS: © * Youn+= PHONE: 678.242.25001 FAX: 678.242.2499 §Z `gmefi - s :a* > InfoWlyofmiltanga.usIw .clfyaimiBonga.us Community li,,: 13000 Deerfield Parkway, Suite 107 1 Milton GA 30)04 - - To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on February 24, 2017 for the March 6, 2017 Regular Council Meeting Agenda Item: Approval of a Services Agreement between the City of Milton and Atlanta Office Movers, Inc dba Peachtree Movers _____________________________________________________________________________________________ Department Recommendation: Approve the lump-sum contract between the City of Milton and Atlanta Office Movers, Inc. dba Peachtree Movers. Executive Summary: The City of Milton will be working with Atlanta Office Movers, Inc. dba Peachtree Movers to relocate all of the existing documentation, storage cabinets, computers and other belongings at 13000 Deerfield Parkway to 2006 Heritage Walk. Funding and Fiscal Impact: The cost of this service has been budgeted in the overall cost of the set-up of the new City Hall at 2006 Heritage Walk. Alternatives: None. Legal Review: Sam VanVolkenburgh (February 15, 2017) Concurrent Review: Steven Krokoff, City Manager Attachment(s): Contract. HOMP OF' �.; v l I5IAM ISI ILE) 201 - SERVICES AGREEMENT Move — New City Hall This Professional Services Agreement ("Agreement") is made and entered into this_15th_ day of_February—, 2017_ (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, currently located at 13000 Deerfield Parkway, Ste 107F, Milton GA 30004 (hereinafter referred to as the "City"), and Atlanta Office Movers, Inc. d/b/a Peachtree Movers, a Georgia domestic profit corporation, having its principal place of business at 5570 Tulane Dr, Atlanta GA 30336 (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" — Consultant's 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: Provide necessary equipment, materials and labor necessary to move furniture, equipment, files, and other miscellaneous inventory from the current Milton City Hall (currently located at the address stated above), to its new location at 2006 Heritage Walk, Milton GA 30004 (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", attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit "A", 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, 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 the Work shall be completed on March 10, 2017. The Agreement shall terminate upon completion of the Work, payment for the Work, and expiration of any damages claim period stated in Exhibit "A" (provided that certain obligations will survive termination/expiration of this Agreement). City may terminate this Agreement for convenience at any time upon providing written notice thereof to Consultant. Provided that no damages are due to City for Consultant's breach of this Agreement, City shall pay Consultant for Work performed to date in accordance with Section 5 herein. Section 4. Work Chan e& 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 Pavment. The compensation for Work performed shall be based upon one hour's travel per day and the actual hours worked and materials used, all at the hourly rates and materials costs set forth in Exhibit "A," plus the additional cost of any transported -property replacement coverage purchased by City as set forth in Exhibit "A." The City and Consultant agree that the estimated cost of service is $4,993.00, and City agrees to pay Consultant the required down payments as set forth in Exhibit "A" on the basis of this estimate. City agrees to pay Consultant for any additional Work in excess of the estimated costs 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 an invoice submitted at the completion of the Work, 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. City will pay all invoices within 30 days of receipt, except for those amounts reasonably disputed by City. No payments will be made for unauthorized work. 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. Consultant's Representative; Meetings. _Todd Michaels 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. Consultant 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 the City. 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. F. Responsibility of Consultant and Indemnification of City. Subject to the limitations of liability for damage to transported property as set forth in Exhibit "A," Consultant covenants and agrees to 'take and assume all responsibility for the Work rendered in connection with this Agreement. 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 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. 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. I. 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 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 300-10-142 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 3 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.] [CHECK ONE] 500 or more employees. 100 or more employees. 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 wi11 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. 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 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. 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 Rights. 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. § 50-18-71, et seq.). 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] 5 CONSULTANT: Atlanta Office Movers, Inc. d/b/a Peachtree Movers Signature: Print Name: j llcteNN-t _ Title: President/Vice President (Corporation) [CORPORATE SEAL] (required if corporation) Attest/Witness: Signature: Print Name: Title: (Assistant) Corporate Secretary (required if corporation) Attest: Signature: Print Name: Title: City Clerk Approved as to form: City Attorney CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] 0 EXHIBIT "A" E O m CL v 06 aj V a) a/ a! � V_ N N Q7 .Q i - C p m = V Q V N v N v V U— i-� m V U V _ m Q O Y m m +m+ C Q. m fC m m i O b4 a) a) .. _ a1 N ++ Y N m io a u c m n0o o ' r E E Ln co E E E N v E v v E `^ rn 0mo �o vm o E E E L OO C V O _ aJ v� �n �n a1 m in of ai in �n '� ' 61 N N 5 m in c o o ai v m ai v 3 v a/ 0 3 v °' ar 3 OO x V `� x0 x r- xO C x0 O x O x t3`6 i 00 v x c3`v m c V O C O '> �' aJ al O m O W m l'+ m 'O y m O m O 'O m m O -Q 'D -O d• co V C .Q Vi L co > �" -o f6 N f0 v N f6 (4 (a m m Cf' Ln �p an - 0- m Q. � O O O m Y O � C 00 C � t`0 C � 0A 00 0O fO V o c O OO 0 Q. .fl E O' O m N- y O_ O a) 7 i = i N m i i V i N ''�+ ON E N Q1 i E a c o ° `r s v o v �° o v E v c v c v � «>. a vi E a co E 6- a n > a E v° m m v Y U C j mm 3 �— S Cl J d N c-1 lD LL c G U V U V U t1 E d (n J J J ~ U m m v 'm 'm 0 o o 3 3 3 0 o 3 0o 00 00 O v I v • V L L +M+ Y s- VI N VI Vf 'm 'm 'm Y Y im-+ L im-i L Y Y N VI N N to H Y Y N N i i L Y im-• L Y Y m m m m m c ce c c c c c yo c m c c c c c m m 'm m 'm c c c c m c c c c c c m m m m 0 0 m 0 0 0 0 0 m 0 0 0 0 0 0 m m m m m m 0 0 0 0 m 0 0 0 0 0 0 >> 0 0 0= 0 O 0 0 O M 7 DO 0 m � m v � to v ao 0N O o m O a0 ++ Z v) Nv O U LL UO 3 c c c o Z ^^ _ v C0 E E EV) m O �o m m m S S S O v v N 0 0 0 cr S -�- 6 N aT Y '3 p >>> o ^ c ^ v o0o v v u m E o o°n m -- E E p p ptio ° a0o to mo m m m m m YO p E O O .>+ m m m rio m 0 0 0 in N O 0 L oOC 'C C O '� O O O m m 000 tz w mo 0O 0O O TIn n• yLL.� EaOs J _v V7 O O 3 E E 7 N to m tL ty6 ty6 0 0 2 E> O �vv N E E E E z E LL LL LL Vnv,Ln�nN L N L O_ N O 7 E E L L O O Q m O O O u U O U u V U uUU u u O D O u U U U U U LnV V aJ U w E t EF ``` O i O E O O O Q E �° o v = E= u cv W 'm c 00 > > L a) U V M Ro F O G u O 0 0 CJ Ef- V V V Y C LL a3 a) m S S= c w O V O O0 i c 0 O O O a) 0 "0 O .«T+ ate+ aT+ O O N w Q N aJ v^ 00 LL N 'O -O Y E O u u u U m > m v E c v m > Y o m O m p=�� Y v w o V E- 0 0 E= u a c t o 7 7 O u p O Q Q Y_ Y Y m z m0 �O�( o T atS oZS Y LL OOA Q U a1 N L V U U 0) Q) Y -Op U U N 7 OM m= T E a/ O N v v v v m m m 3 m m v 3 3 a Y L X Q +�-' i t E .Q .Q L L Y V L L L o W m O -, a V 0 In V) U V1 U U U Ln N N S O U 2 2 U E O m CL v 06 aj V a) a/ a! � V_ N N Q7 .Q i - C p m = V Q V N v N v V U— i-� m V U V _ m Q O Y m m +m+ C Q. m fC m m i O b4 a) a) .. _ a1 N ++ Y N m io a u c m n0o o ' r E E Ln co E E E N v E v v E `^ rn 0mo �o vm o E E E L OO C V O _ aJ v� �n �n a1 m in of ai in �n '� ' 61 N N 5 m in c o o ai v m ai v 3 v a/ 0 3 v °' ar 3 OO x V `� x0 x r- xO C x0 O x O x t3`6 i 00 v x c3`v m c V O C O '> �' aJ al O m O W m l'+ m 'O y m O m O 'O m m O -Q 'D -O d• co V C .Q Vi L co > �" -o f6 N f0 v N f6 (4 (a m m Cf' Ln �p an - 0- m Q. � O O O m Y O � C 00 C � t`0 C � 0A 00 0O fO V o c O OO 0 Q. .fl E O' O m N- y O_ O a) 7 i = i N m i i V i N ''�+ ON E N Q1 i E a c o ° `r s v o v �° o v E v c v c v � «>. a vi E a co E 6- a n > a E v° m m v Y U C j mm 3 �— S Cl J d N c-1 lD LL c G U V U V U t1 E d (n J J J ~ U m m m m m H C C C H C C •t6 .m •w .m .m •ro 3 3 3 3 3 C C C C h 0 0 0 0 0 0 0. a n n n Q CO CO W GO N N N N Q f+] v M v O v M do OA v V) O Y y� O Y O O Y (� Vl N 0 N O S x 2 2 O O O O M 0 Y •Y a1_m d0 CLO m '"o C C CC O CC C c F- C G {/) N E E E E u a M1• u coy uo uo m _u O V a) m u u u w w O O o v 0 a) O p 2 2 O v > y a. v Q 0 0 m v p v v 3 N _ m S v N O O O C 0 v a m n n v m m a) Q)Y C a) C Y aJ C Y Y m a) a) C C C C Z n a u V V o V V u a) m cu C Q) O1 N aj �} a) a) a) C to C y E n Y v v VI v N a) O N a) Vf a) N m O x O 'O X O XO Xx Ha) N i o O a f N a O V 0 3 m d a o< m o m o a) f m co o `�° Y VI a) W of C C t/) L a) a)y V ` h O '- O L Y Y C > a� ti a a V) d J J a m a u u a) x a January 13, 2017 Bernadette Harvil City of Milton 13000 Deerfield Parkway Suite 107G Milton, GA 30004 Dear Ms. Harvil: Peachtree Movers appreciates the opportunity to present this estimate for moving services. Every effort has been made to address each of your goals and plan everything down to the smallest detail. Additionally, each of our moves is planned and staffed to accomplish five goals: • Minimize the down time for your employees and business • Develop a detailed scope of services that addresses each aspect of your move • Complete the defined work on-time and for the agreed price • Minimize the risk of damage to your furniture, equipment and computers • Minimize the risk of damage to both your new and present locations Peachtree Movers has been recognized as Atlanta's #1 Office Mover for over 40 years. We have modernized the commercial moving industry by developing new concepts and innovative techniques. For example, we have equipment that moves lateral file cabinets and desks with the contents still in the drawers. We can also help you significantly reduce the number of boxes that are utilized on the move. These techniques will reduce both the volume of items moved and the cost. When you have confirmed your moving plans, we sincerely hope you will select us to handle the move. While we are generally not the lowest priced estimate, we have calculated a realistic number of men and amount of equipment to ensure the move is completed on time. Meantime, if we can be of any further assistance, please contact us. I'll be calling you in the near future to see if you have any additional questions. Sincerely, Todd Michals, Sales Manager 5570 Tulane Drive, S.W., Suite E/ Atlanta, Georgia 30336 / (404) 355-8877 www.peachtreemovers.com/ Primary Move Move to 2006 Heritage Walk Friday, 9:OOam: 18 Movers and 3 Moving Vans City of Milton will do the following: 1. Have your copier company remove the toner from your copier(s) and detach the sorter(s) prior to your move. 2. Prior to the move, prepare your computers, fax machine(s) and printers for transport by following the instructions that will be given to you by our move coordinator. Secure all cables and related equipment in our Computer Keyboard Bags 3. Empty and pack the contents of just your desks, credenzas, bookcases and storage cabinets. With our "Boxless" move, you don't have to pack your lateral file cabinets (that qualify for the Spider Crane). Empty and pack all wooden file cabinets. 4. Detach all wall hangings from the wall. 5. Move all laptop computers yourselves. 6. Move all bric-a-brac, personal items, and small fragile items (such as vases, small pictures, paintings, diplomas, plaques and artwork yourselves. 7. AT LEAST TWO REPRESENTATIVES FROM YOUR COMPANY MUST BE PRESENT DURING THE ENTIRE MOVE. Peachtree Movers will do the following: 1. Packing Demonstration Employee Meeting. We will meet with all of your employees before the move to show them how to pack the contents of their desks, credenzas and bookcases. This helps reduce the possibility of damage to their belongings. 2. Packing Demonstration Facility Planning. We will show you how to prepare the floor plan and labeling plan for your new facility. This greatly enhances the efficiency of our men, while performing your move, and also reduces cost. 3. Load and deliver the following to the 15t floor of the new space: 6 metal shelving units, 40 stacking chairs, 15 vertical and 30 lateral file cabinets (all metal cabinets that qualify moved fully loaded with our Spider Crane), 38 computers with 42 monitors, 2 large printers/copiers, 1 plotter, 10 flat screen televisions (boxed), 2 stick files, 16 closed file holders, 28 boxed plans, 1 large white board, 1 large picture and an estimated 112 storage boxes and 125 plastic rental crates for the contents of the office. 4. Load and deliver the following to the 2nd floor of the new space: 1 vertical and 3 lateral file cabinets (all metal cabinets that qualify moved fully loaded with our Spider Crane), 12 computers with 15 monitors, 4 flat screen televisions (boxed), 1 set of partitions, 1 tread mill desk and an estimated 31 storage boxes and 75 plastic rental crates for the contents of the office. 5. Place all large/standard size paintings and pictures into our special carts for more efficient transport. Cover the top of the carts with stretch wrap. Wrap oversized picture in bubble wrap before moving. 6. Use our Spider Crane to lift and move your lateral file cabinets. (This means no mixed up or lost files and 100% access to your files right up until the movers arrive to start the move.) 7. Provide you with our BOXLESS move by placing bubble wrap/bags in the blueprint/flat file cabinet drawers so the contents do not shift. (This means no lost or mixed up contents.) 8. Prior to putting down the building protection, we will do a walk through with a representative from your company and your new landlord to record any existing blemishes to your new space. 9. To minimize the risk of damage to your new office space, install building protection including Pathrite and Masonite floor protection, Coroflex wall protection, and door jam protection. Lobbies and entryways receive special care. 10. Place all computers and electronic equipment onto steel computer carts and wrap them with tinted stretch wrap for safety and security. 11. Shuttle --The crew will be divided into two groups. By having sending and receiving crews with the trucks shuttling back and forth, your move will be more efficient. 12. Undolly all lateral file cabinets with the Spider Crane. 13. Valuation included in our estimate for no additional charge is mover's liability coverage of $.60 per pound per article, no more than $100 per article with a $250 deductible. To purchase replacement valuation, please see our Order for Service. Estimate Terms and Conditions 1. BASED UPON EXCLUSIVE USE OF THE FREIGHT ELEVATOR(S). THE CUSTOMER WILL COORDINATE WITH THE BUILDING MANAGEMENT(S) TO HAVE THE ELEVATOR(S) PLACED ON INDEPENDENT SERVICE AND CONTROLLED MANUALLY BY A PEACHTREE MOVERS EMPLOYEE. 2. BASED UPON NORMAL TRAFFIC FLOWS. 3. BASED UPON EXCLUSIVE EGRESS AND ACCESS AT THE LOADING AREAS. 4. BASED UPON THE CUSTOMER FOLLOWING OUR PACKING AND LABELING INSTRUCTIONS PROVIDED BY PEACHTREE MOVERS. Service Cost Driver/Truck: 3 @ $55.00/hour each = $165.00 Supervisor: 2 @ $33.00/hour each = $66.00 Mover: 12 @ $22.00/hour each = $264.00 Installer: 1 @ $35.00/hour each = $35.00 Total Hourly Rate: $530.00 Crew and Trucks: 18 Mover(s) and 3 Moving Van(s) Estimated Service Time: 6 hours plus 1 -hour travel time Hourly Service Cost: $530.00 Estimated Service Cost: $3,710.00 Material Cost 50 Keyboard/Cable Bag at $1.00 each $50.00 4 Speed Pack/commercial bins (Used) at $12.50 each $50.00 0.5 Bubble wrap/LG (1/2"x 12"x250 roll) at $70.00 each $35.00 5 Stretch wrap (18"x1500 roll) at $30.00 each $150.00 12 Packing Tape (per roll) at $4.00 each $48.00 8 Labels (300 per bundle) at $10.00 each $80.00 1 Coroflex Wall Protection (60"x250 roll) at $85.00 each $85.00 1 Truck prep at $15.00 each $15.00 200 Plastic Crate rental ($.30 each, 7 -day rental) at $2.10 each $420.00 1 Plastic Crate Delivery/demo (100-250) at $175.00 each $175.00 1 Plastic Crate Pickup (100-250) at $175.00 each $175.00 Estimated Material Cost: $1,283.00 Summary The Final Bill is based upon the actual beginning and ending time of the move (3 -hour minimum plus one-hour travel time per day) plus the actual material used. Item Estimated Cost Man Hours Move to 2006 Heritage Walk $3,710.00 126 Material $1,283.00 Total Estimated Cost for Complete Relocation: $4,993.00 126 (!!j:PEACHTREE MOVERS Thank you for selecting Peachtree Movers for your upcoming move. Please take a few minutes and review the following documents. They must be completed and faxed back to our office to schedule your move. If you have any questions please call your sales representative or call our office at 404-355-8877 ext. 221 for Customer Service. Our fax number is 404-355-7967. 1. Commercial Order for Service (Page 2): This is our contract for service. This form must be completed signed and faxed to our office 2. Valuation Form (Pages 3): You must select one of the three valuation/insurance options. Please complete, sign and return this form with the Commercial Order for Service. 3. High Value Inventory (Page 4): If you are purchasing valuation for your shipment and have any expensive items that have a value of more than $100 per pound per article you are required to fill out this form. Articles that sometimes fall into this category are computer servers, test equipment, antiques, objects of art, and oriental rugs, etc. At the start of the move show them to our supervisor so he can provide special handling. At the end of the move, get with our supervisor so both of you can inspect each item for external damage. Please initial each item on this form after the post -move inspection and note any damage. Please complete, sign and return this form with the Commercial Order for Service 4. Commercial Payment Options (Pages 5 & 6): You must select one of the two payment options. Please sign and return the appropriate form with the Commercial Order for Service. 5. Building Management Contact Information (Page 7): This information is required for Peachtree Movers to issue a Certificate of Insurance to each building landlord. This certificate is mandatory before the landlord will permit Peachtree Movers to work in their building. Please complete this form and return it with the Commercial Order for service. 6. Management Task List (Page 8): This is a list of critical items that must be completed by the customer to have the move run smoothly. This list is for your use and does not need to be returned to us. 7. Key Phone Numbers: Customer Service: Ext. 221; Operations: Ext. 220; Accounting: Ext. 218; Fax Number: 404-355-7967 5570 Tulane Dr. SW Suite E, Atlanta, GA 30336/ Office: 404-355-8877/ Fax: 404-355-7967/ peachtreemovers.com (�%PEACHTREE MOVERS COMMERCIAL ORDER for SERVICE Peachtree Movers 5570 Tulane Dr. SW Suite E Atlanta, GA 30336 SHIPPER: C. ��A r)F C`t�,1 Lr("l � � cUXc { MOVE DATE: -t) 1 .1 BILLING INFORMATION AFTER YOUR RELOCATION: COMPANY: * r>, M•1+on ATTENTION: n rA6 kZ VA rAcv, l k ADDRESS: Zclx 0 Pt PURCHASE ORDER #: FINAL BILL: The final bill is based upon the actual time worked plus one hour's travel per day and the actual material used. Payment must be in accordance with Commercial Payment Options (Company Check or Credit Card) on Page 5 of this Attachment. TERMS AND CONDITIONS: Net due upon receipt. See Commercial Payment Options on Page 5. 1.5% per month interest will be added to invoicesl5 days or more past due. Shipper will be liable for any collection and/or legal expenses incurred by Peachtree Movers in obtaining full payment of its invoice. LIMITED LIABILITY: Peachtree Movers' liability is limited to $.60 per pound per article unless you request to purchase full replacement valuation as indicated in options B and C below. PLEASE INITIAL ONE OF THE FOLLOWING: ❑ A. Shipper requests limited liability of $.60 per pound per article at no additional charge, no more than $100 per article, with a $250 deductible. El - B Full replacement valuation with a $500 deductible. Option B costs $7.50 per $1000 of Declared Value. Q-� C. Full replacement valuation with a $1000 deductible. Option C costs $5.00 per $1000 of Declared Value. pt► Oons B and C are explained on Page 2. Cost of Option B or C will be added to the invoice. Page 2 must be signed and returned for Option B or C to be in effect. Items of extraordinary value (greater than $100 per pound per article) must be listed on the High Value Inventory Form (Page 3), must be marked for special handling and identified to the job supervisor. CLAIMS: Claims must be filed in writing within 30 days; and as a condition precedent to claim adjustment or payment, all charges must be paid in full. EXCLUSIONS: Unless there is actual physical damage to an item, no damage liability will be assumed by Peachtree Movers. Also, due to the fragile nature of the following, Peachtree Movers assumes no liability: pressboard/particle board furniture, previously damaged/repaired items, or, unless professionally crated, natural or simulated stone, tile or glass items or surfaces. No liability will be assumed for artificial or live plants, lamps and lampshades, but we will make every attempt to move these items undamaged. Laptop computers will not be moved unless prior arrangements have been made with Peachtree Movers. UNFORESEEN CONTINGENCIES: Peachtree Movers is not responsible for unforeseen contingencies. All estimates and proposals are based upon exclusive use of elevators and loading areas. Peachtree Movers is not responsible for delays such as those resulting from traffic accidents, construction activity or elevator failure. CHANGES IN CONTRACTED SERVICES: Shipper is responsible for charges resulting from changes in the size, scope and/or conditions of the move. If the shipper needs to make scheduling or scope of service changes or desires to cancel a phase of the move, the shipper must call Peachtree Movers' office or the sales manager handling the account, (not the supervisor on the iob site). Failure to follow this procedure will result in unnecessary addition es:— i SHIPPER SIGNATURE: �� DATE: C,212dx;,-) TITLE ( ry Aj (L 5570 Tulane Dr. SW Suite E, Atlanta, GA 30336/ Office: 404-355-8877/ Fax: 404-355-7967/ peachtreemovers.com �EACHTREE MOVERS PEACHTREE MOVERS VALUATION FORM PLEASE FILL THIS FORM OUT FOR OPTION B or C OPTION A: This is the least comprehensive coverage. A Payment of up to $.60 per pound will be made to cover the repair or replacement of items. This coverage is included at no additional cost. OPTION B: Full Replacement Value with a $500 deductible. This option protects you for the repairs or the replacement cost of an item. Protection is provided after the first $500 deductible for a loss up to the maximum settlement of the Declared Value for your move. Declared Value for a move is computed at $10,000 per straight truck load. Check with you Sales Manager to obtain the estimated number of straight truck loads. The cost is $7.50 per $1000 of the Declared Value and a minimum of $10,000 Declared Value is required to qualify for Full Replacement Value. OPTION C: Full Replacement Value with a $1000 deductible. This is the same as Option B except the deductible is $1000 and the cost is $5.00 per $1000 of the Declared Value. DO NOT UNDERVALUE: Declared Value is the value of all items being moved by Peachtree Movers. If you declare a value that is less than the value of the items moved, only that percentage will be utilized for valuation resolution. Maximum valuation for relocation is $200,000. Please notify our sales manager if you would like a higher valuation. CLAIMS: If you notice a damaged item, please contact the Claims Manager at 404-355-8877 ext.220 so that a Claim Form can be sent to you. Your claim settlement process will begin when the signed form is received in our office and full payment has been received. Unless there is actual physical damage to an item, no damage liability will be assumed by Peachtree Movers. Due to the fragile nature of pressboard & particle board furniture and previously damaged/repaired items, no damage liability will be assumed, but we will make every attempt to move these items undamaged. Laptop computers will not be moved unless prior arrangements have been made with Peachtree Movers. FULL REPLACEMENT VALUE DECLARED VALUE $500 DEDUCTABLE $10,000 $75.00 $20,000 $150.00 $30,000 $225.00 $40,000 $300.00 $50,000 $375.00 $60,000 $450.00 $70,000 $525.00 $80,000 $600.00 $90,000 $675.00 $100,000 $750.00 $125,000 $937.50 $150,000 $1,125.00 $175,000 $1,312.50 $200,000 $1,500.00 $300,000 $1,750.00 $1000 DEDUCTABLE $50.00 $100.00 $150.00 $200.00 $250.00 $30_0.00 $350.00 $400.00 $450.00 $500.00 $625.00 $750.00 $875.00 $1,000.00 $1,500.00 OPTION B or C ONLY: Please also enter the selected Option B or C on Pape 1. DECLARED VALUE SELECTED: .aU(XX� DEDUCTIBLE: t,C)W COMPANY: SHIPPER SIGNATURE: 5570 Tulane Dr. SW Suite E, Atlanta, GA 30336/ Office: 404-355-8877/ Fax: 404-355-7967/ peachtreemovers.com �EA CH TREE MOVERS nih Value Invents Inventory of Items in Excess of $100 per Pound per Article Statement of Customer Responsibility ALL ITEMS INCLUDED IN YOUR SHIPMENT THAT ARE CONSIDERED TO BE OF EXTRAORDINARY (UNUSUAL) VALUE MUST BE SPECIFICALLY IDENTIFIED AND PEACHTREE MOVERS MUST BE ADVISED THAT THEY ARE INCLUDED IN THE SHIPMENT. ITEMS OF EXTRAORDINARY VALUE ARE DEFINED AS THOSE HAVING A VALUE GREATER THAN $100 PER POUND, TYPICAL COMMERCIAL OFFICE ITEMS THAT FREQUENTLY HAVE A VALUE IN EXCESS OF $100 PER POUND PER ARTICLE INCLUDE: COMPUTER SERVERS, TEST EQUIPMENT, ANTIQUES, OBJECTS OF ART AND ORIENTAL RUGS, OTHER ITEMS MAY ALSO FALL INTO THIS CATEGORY AND MUST BE IDENTIFIED AS WELL. At the start of the move the customer will identify each high value item to the Peachtree Movers supervisor. At the end of the move the customer and the supervisor will inspect and document the condition of each item listed. THE PURPOSE OF THIS INVENTORY IS TO ASSIST YOU IN IDENTIFYING ARTICLES OF EXTRAORDINARY OR UNUSUAL VALUE IN ORDER THAT PEACHTREE MOVERS WILL BE AWARE OF THOSE ITEMS WHICH REQUIRE SPECIAL HANDLING AND PROTECTION. FAILURE TO IDENTIFY SUCH ARTICLES WILL RESULT IN LIMITED LIABILITY FOR PEACHTREE MOVERS. IMPORTANT NOTICE: The following items must not be included in the shipment and will not be covered by the Peachtree Movers' protection plan: jewelry, coins, currency, other negotiable paper (e.g. stock certificates, bonds, etc.) important personal papers (e.g. deeds, titles, tax papers, birth certificates, etc.) and collections (e.g. stamps, baseball cards, etc.) Item Number (Assigned by Peachtree Movers Description of Article Exceeding $100 Per Pound Per Article Condition of Item Estimated Value Customer initials verifies item has been moved and condition of items noted ��Lz CCU I have no items of High Value CUustomer Initials OWNER (CUSTOMER) AGREES THAT ANY CLAIM FOR LOSS OR DAMAGE MUST BE SUPPORTED BY PROOF OF VALUE AND UNDERSTANDS THE SETTLEMENT WILL BE BASED UPON THE INFORMATION FURNISHED ON THIS INVENTORY FORM AND AL - THER PERTINENT INFORMATION AVAILABLE TO THE CARRIER. IF YOU HAVE NOT LISTED ARTICLES HAVING A VA L N EXCESS OF $100 PER POUND PER ARTICLE ON THIS INVENTORY, YOUR SIGNATURE BELOW ATTESTS TO TH FA 't Iti SUCH ARTICLES ARE NOT INCLUDED IN YOUR SHIPMENT. —,3-42 Customer Date Peachtree Mover Representative Date 5570 Tulane Dr. SW Suite E, Atlanta, GA 30336/ Office: 404-355-8877/ Fax: 404-355-7967/ peachtreemovers. corn (!�%EACHTREE MOVERS Peachtree Movers Commercial Payment Options Please select one of the options and fax a copy of the appropriate form to our office to schedule your move. 1. .Company Check: A company check for 50% of the estimated move charges must be received in our office at least seven days prior to your desired move date to schedule your move. A check for the remainder of the estimated charges will be due at the start of the move and provided to the job supervisor. After your move, the actual charges will be computed and a refund or invoice will be provided. A $50.00 charge per check will be added to bounced or stopped check(s). 2. Credit Card: Peachtree Movers accepts Visa, Master Card and Amex. If you choose to use a credit card we will bill 50% of the estimated move cost on the business day prior to your move and the balance of the credit card charge is due on move day. There is a 2% service fee to use Visa, Master Card and American Express credit cards. See Page 6 for this form. Company Check Payment: Shipper (Company): ,�i.ciF (No,t-l(y,,\ Phone Number: u_� .ab - 2,Q41_. ?,Soo Move Date: 3/, c)/ i )- 50% of Estimated Move Charge: "L(Otik,, si1 Enclosed: 5570 Tulane Dr. SW Suite E, Atlanta, GA 30336/ Office: 404-355-8877/ Fax: 404-355-7967/ peachtreemovers.com �EACHTREE MOVERS Building Management Contact Information This information is required so Peachtree Movers can issue a Certificate of Insurance to each building landlord prior to commencing your move. Please complete the form and fax it to our office to schedule your move. COMPANY: Contact Namp kAa v—" Phone: (off 2�iZ-S�Fax: �o��S-Z`�Z�2`fR4 Email: bha<-k'1 \ GbC' \'A rn , Ifir�n QQ. L� Origin: Address: \50W PICi Frau City: FY) State: GA Zip: �) ,o L4 Building Management: SC( --N Oee(fi66 Njf)5tora\ (e,LC..LC Cv\d Management Contact Name: Kc -is nnQ- Gf-e-enQ- Phone: Cel � - SUZ - Z,S;Qb Fax: Destination: Address: ZOUAP Pe-c�-tic Q U )000 City: M•.i�Un State: GA Zip: 3no&-i Building Management: C 0Q-6 Management Contact Name: 'ba(-\odet4 e A-kac-v\ \\ Phone: UIS - 2`A -L - Z SICK Fax: Email: 5570 Tulane Dr. SW Suite E, Atlanta, GA 30336/ Office: 404-355-8877/ Fax: 404-355-7967/ peachtreemovers.com E 0 w m CL v a7J V 4 m N v N N N C N d N N C V N O u UJ .4 N N u u _u m u u u V O- uCL O " m m f 0 = a m io m ca o u m c Tu v o v _ v .. _ _ v E v v v v, m -0 o v m m 1 aEi rr r E O o N o E a m o E E ECL Zo E L CO C U O O O aJ �n f0 H a1 f0 �n H a1 a) H O H 0o � OO 0 Q m Ln 000 0- �n = x X C xp O p M p X xO X m m Q N Q X m m m 0 '> t' 0 a) O m O W m- m 'D y m O m O -p 'fl m 13 m O U "O 'O a O NvVi ct '6 .Q j N �> 4= 4= -O Y C 00p C C CL, 30 co co t C f0 C C C00 C p0,p f6 C •'�+� C w M V In l0 in O CL 11-- O O O m '- O O O O @ V C 00 t� (0 fo cF O_ '^ E O. p m N_ Y O O al i 3 L 7 i y m i V O tyo a0-• O O O m i U a o O t v `p v 0 d' E v G! al �?, a of E n. p 0 m 0 O C 0 O m 0 0 O a N J� E J T d N m CL N J> LL U�Jm 3E—xOJa�, ,.oz2u v v u �. m Ch N a' O N VI N e-1 ei C C o o 0 3 3 3 355z0 0 0° O N Ln • N c Y c N c M a O am+ y C C m C C Q 0 0 0 0 C C C am+ C am+ C C C c c a 0 0 0 o C C gym+ .Fm+ 10 ✓ +m+ C C C C m C C C C C C L >>>> Q o. 0. a o. 0 0 0 0 0 0. a o. o. o_ o 0 0 0 n 0 0 0 0 0 0 M � m Q) m C t o m O Vn 0 00 -i u 'z`' Z r LL (Uj 00p 3 O U Y m O N N OJ E E E m ^ m m m 0 0 0 .T Y t o v > > > ^ c i7 -63'G vt � m O D aj aj m rn rn rn [2O a T ti N 7 7 ..T. 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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: US � q 0 Federal Work Authorization User Identification Number � j Date of Authorization Atlanta Office Movers, Inc. d/b/a Peachtree Movers Name of Contractor Move — New Ci .gall Name of Project Cite orMiiton. Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , . 20t� in /-41 H A4 (city), e/t A (state). C 1KC - uu�.'-C_cc Signature of Authorilkeb Officer or Agent �.< < t.�7 1- HC -5 CxL1a( Minted Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ) 646- DAY OF 20 0 . ®° SCE C9,9 N TARY PUBLIC ;w.,•••••••••,. °,® a G [NOTARY SEAL] �',�\A01 ,4� ® 0 , N '0 , 03 "A BLIG w ^ry o . M Commission Expires: `°ir Q"••8SF, 0ra, "�i!`® f I' EXHIBIT "D" STATE OF COUNTY OF J3� 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 Atlanta Office Movers, Inc. d/b/a Peachtree Movers 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 I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on i U 20117 in 4 t 14 s4 A. .(city), e/i it (state). Date of Authorization ��g. 3GLI-- Signature of Authori d Officer or Agent Name of Subcontractor Move —New City Hal I Printed Name and Title of Authorized Officer or Name of Project Agent City of Milton, Georgia SUBSCRIBED AND SWORN BEFORE ME Name of Public Employer ON THIS THE i 'f`DAY OF .2017, 1,0 NOTARY PUBLIC [NOTARY SEAL] a My Commission Expires: r p'•N� A QB00 Noll `r® O •' 7f11'�"1/�;}�`�,�` t�Y4 !`Ill, ®`'e� CERTIFICATE OF LIABILITY INSURANCE PEACH -1 OP ID: P2 DATE (MM/DD/YYYY) 02/14/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aegis Insurance Services, Inc. 5755 North Point Parkway #277 Alpharetta, GA 30022 INSURED Atlanta Office Movers, Inc. dba Peachtree Movers 5570 Tulane Drive SW #E Atlanta, GA 30226 (AM. No Ext), If u-4bu-55bb I iA"ic No): 770-667-8348 ADDAIL RESS: clan rid a ae is-online.com INSURERS AFFORDING COVERAGE NAIL # INSURER A: Hanover Insurance Company 22292 INSURER B: INSURER C : INSURER D : INSURER E: INSURER F: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL wsn SUB wvn POLICY NUMBER POLICY EFF MM/ODM'YY) POLICY EXP (MMIDDNYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FKOCCUR X X RHA A787575 01 12/01/2016 12/01/2017 EACH OCCURRENCE $ 1,000,00 HENILU PREMISES (Ea occurrence) $ 100,00 MED EXP (Any one person) $ 5,00 PERSONAL&ADV INJURY $ incl in G GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ElF-]❑ JECT LOC GENERALAGGREGATE $ 2,000,00 PRODUCTS - COMP/OP AGG $ 2,000,00 OTHER: $ A AUTOMOBILE X X LIABILITY ANY AUTO ALLOWNED SCHEDULED AUTOS AUTOS NON-OWNED HIRED AUTOS X AUTOS X X AWA -A787400 01 12/01/2016 12/01/2017 EOME1 �E�DtSINGLE LIMIT $ 1,000,00 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTYDAMAGE Per accident $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE UHA D112157 00 12/01/2016 12/01/2017 EACH OCCURRENCE $ 5,000,00 AGGREGATE $ 5,000,00 DED I X I RETENTION$ 10,000 $ A WORKERS COMPENSATIONOTH- AND EMPLOYERS' LIABILITY Y / N ANY OFFICER/MEMBER EXCLUDED PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A WDA A78744401 12/01/2016 12/01/2017 I STATUTE TUTE _ ER E.L. EACH ACCIDENT $ 1 ,000,00 (Mandatory in NH) If yes, describe under E.L. DISEASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE -POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS belay A Warehouse/Cargo RHA A193857-01 12/01/2016 12/01/2017 200,000 PER UNI 400,000 DISASTE DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Milton 13000 Deerfield Pky, Suite 107F Milton, GA 30004 ACORD 25 (2014/01) CITYOMI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE A0. Ad_dd6_ v Itftfli-ZU94 AI:UKU CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: RHA A787575 01 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ATI 9 $ A I Ir This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) City of Milton Information required to complete this Schedule if not shown above— will be shown in the Declarations. Section 11 Who Is an Insured is amended to Include as an additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; B. In connection with your premises owned by or rented to you. CG 20 26 07 04 Copyright, ISO Properties, inc., 2004 Page 1 of 1 POLICY NUMBER AWA -A78740001 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 02/14/2017 Countersigned By: I �?f 4�t �• 4 +�'�� Name Atlanta Office Movers, Inc. DBA Peachtree Movers (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): City Of Milton (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY OTHER INSURANCE PRIMARY AND NON-CONTRIBUTORY (ADDITIONAL INSURED) ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART THE FOLLOWING SECTION IS ADDED TO SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Other Insuranced.: 1. Additional Insureds If you agree in a written contract, written agreement or permit that the insurance provided to any person or organization included as an Additional Insured under SECTION II _WHO IS AN INSURED, is primary and non-contributory, the following applies: If other valid and collectible insurance is available to the Additional Insured for a loss we cover under SECTION I —COVERAGES, our obligations are limited as follows: a. Primary Insurance This insurance is primary to the other insurance that is available to the Additional insured which covers the Additional Insured as Named Insured. We will not seek contribution from any other insurance available to the Additional Insured except: (1) For the sole negligence of the Additional Insured; or (2) When the Additional Insured is an Additional Insured under another primary liability policy, we will share with all other such insurance by the method described in 4. c. Method Of Sharing. Endorsement is attached to policy number: RHA A787575 01 Issued to: City Of Milton Effective Date 02/14/2017 Hanover Insurance Authorized by d% 479c ..r Includes copyrighted material of Insurance Services Offices, Inc with its permission POLICY NUMBER: RHA A787575 01 COMMERCIAL GENERAL LIABILITY CG 24040509 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Milton The entity(ies) identified on Certificates of Insurance on file with the Company and issued prior to the Loss, as respects the Named Insured's sole negligence. This responsibility ends when the contractual obligations of the insured ends. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV _Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the 'products completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 POLICY NUMBER: AWA -A787400 01 COMMERCIAL AUTO CA 04440310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ITCAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Atlanta Office Movers, Inc. dba Peachtree Movers Endorsement Effective Date 02/14/2017 SCHEDULE Name(s) Of Person(s) Or Organization (s): City Of Milton The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 03 10 © Insurance Services Office, Inc., 2009 HOME OF' HE BEST QUALITY OF LIEO M T I LTON't ESTABLISH ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 27, 2017 FROM: Steven Krokoff, City Manager 4> AGENDA ITEM: Approval of an Agreement between the City of Milton and Al A Let's Get Tropical, LLC for Performance at "Beach Bash at Bell" at Bell Memorial Park on June 24, 2017 MEETING DATE: Monday, March 6, 2017 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: (,v?ES (J NO CITY ATTORNEY REVIEW REQUIRED: (.4ES / J NO APPROVAL BY CITY ATTORNEY: (,JAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 05/60jon REMARKS: ©» You® t PHONE: 678.242.25001 FAX: 678.242.2499 ®'�Greeri'' `aa�n.a; ,mVra wnnua Community Info@etiyofmlNonga.uslwww.cHyolmiNon9aG .. cEp} r [o opoM1r 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - To: Honorable Mayor and City Council Members From: Courtney Spriggs, Community Outreach Manager Date: Submitted on February 22 for the March 6 Regular Council Meeting Agenda Item: Approval of an Agreement between the City of Milton and A1A Let’s Get Tropical, LLC for Performance at “Beach Bash at Bell” at Bell Memorial Park on June 24, 2017. Department Recommendation: Approval. Executive Summary: The City of Milton’s 10th Anniversary is being celebrated from December 1, 2016 through October 7, 2017 with a variety of special events. As part of this celebration, “Beach Bash at Bell,” will be held at Bell Memorial Park on Saturday, June 24th, from 6:00—10:00 p.m. The event will feature tailgating, outdoor activities and a live concert from A1A, an official Jimmy Buffet tribute band. Funding and Fiscal Impact: Budgeted FY17 This one-time event will replace the City’s summer series, Flicks & Food Trucks. The City is responsible for the cost of the band ($4,850.00). A portion of this cost is covered by the cancellation of Flicks & Food Trucks, with the remainder budgeted under 10 Year Anniversary. Sponsorship opportunities are also currently being explored by staff. Alternatives: N/A Legal Review: Jeff Strickland – Jarrard & Davis (2/20/17) Concurrent Review: Steven Krokoff 2 Attachment(s): An agreement between the City of Milton and A1A for performance at “Beach Bash at Bell” summer event on June 24, 2017. A1A The Official and Original Jimmy Buffett Tribute Show Contract Agreement This agreement is made on the date January 22, 2017 between A1A Let’s Get Tropical, LLC (known herein as "artists") and City of Milton, GA (herein known as "client"). It is mutually agreed between artists and client as follows. Client hereby engages artists and artists hereby agree to perform the engagement under the conditions set herein: A Location and Event Community Outreach Summer Concert Bell Memorial Park 15245 Bell Park Rd Milton, GA 30004 B Date: Saturday, June 24th, 2017 Event Start Time: 6:00 PM Event Finish Time: 10:00 PM C Price for performance $4,850.00 D* Artist will provide And/or cover A1A to provide eight-piece ensemble, horn section and two Pirates representing A1A - The Official and Original Jimmy Buffett Tribute Show. A1A will perform an energetic show consisting of all of Jimmy Buffett's top hits, some reggae and some A1A trop rock original music. A1A will perform 2 sets. First set will be 60-minutes followed by a 15-minute break. Second set will be 45 minutes. Performance time 8-10pm Transportation | Travel Expenses. Backline equipment. A1A sells A1A merchandise at public events, keeping 100% of the profits Front of House – Audio Tech. A1A Production Director, Front of House Audio Tech Chad Stewart of Stewart Sound Productions – chad@stewartsound.net 828-713-5842 A1A Management, On location contact Kathy Mullen kathymullen@a1a-live.com 319-329-3690 All promotional material connected with A1A for the event. Photos, videos, press releases, online promotion, etc. Any media promotion. Anything that is not provided from A1A must be approved by Kathy Mullen of Mullen Music Management. kathymullen@a1a-live.com 319-329-3690 E* Client will provide and agree to the following Hospitality meeting the requirements in A1A’s Hospitality Rider, separate document, A1A 2017 Hospitality Rider Staging that meets requirements represented in A1A’s Tech Rider, separate document, A1A 2017 Performance Rider. Production and Lighting Tech Contact for All Stage, Production, and Electrical Information, TBD, provided to A1A by Mark Joseph. Client will have the venue open, lighted, and available (free of obstructions and bystanders) for load-in and out, setup, and sound check a minimum of 4 hours prior to scheduled doors opening and 1 1/2 hour after show end. Power must be on and circuit breakers accessible the entire time. ** NOTE: 4-hour time prior to Event Start Time agreed upon outside the A1A 2017 Performance Rider. * Production and Staging Arrangements for staging will be agreed upon at least 45 days prior to the event date. This will include space needed to position the mixing console. Please supply a contact for staging as soon as possible. The specifics agreed upon for production will agree with A1A Performance Rider covered by this agreement. STAGE Must be covered – No exceptions on this please. Minimum overall stage size: 24 feet wide x 20 feet deep (30 x 20 or larger preferred) We need 3 risers: 1-8’x8’x1’ riser, placed upstage center. See attached stage plot for location. 2-4’x8’x6” risers, placed upstage Left and Right. See attached stage plot for locations. We travel with 3 blow thru banners as part of our set. They are approximately 8’x16’ and have Velcro straps on the top and grommets on the bottom. When possible, we would like to fly these from the stage roof or an upstage truss. Venue must be open, lighted, and available (free of obstructions and bystanders) for load-in and out, setup, and sound check, a minimum of 6 hours prior to scheduled doors opening and 1 1/2 hour after show end. Power must be on and circuit breakers accessible the entire time. ** NOTE: 4-hour time prior to Event Start Time agreed upon outside the A1A 2017 Performance Rider. If the event is outside, ample covering, roofing, or tenting for the stage area and mix position is required. The covering must be set up and in place in time to allow set-up and teardown to proceed in normal fashion (6 hours prior and 1 1/2 hour after show time). ** NOTE: 4-hour time prior to Event Start Time agreed upon outside the A1A 2017 Performance Rider. There will not be an opening act at this event. We request 3 large potted tropical plants and 3 small potted plants for stage decoration. For more information on providing tropical plants contact Kathy Mullen at kathymullen@a1a-live.com and 319-329-3690 1. Mailed non-refundable deposit of 50% of the performance fee and signed, dated contract is needed to hold date. Balance of performance fee and any other related expenses to be paid in full prior to artists taking the stage for the performance. All checks are to be made out to A1A Let’s Get Tropical and mailed to the address below. SIGNED CONTRACTS AND DEPOSITS MUST BE RETURNED WITHIN TEN WORKING DAYS OR THE AGREEMENT WILL BE CONSIDERED CANCELED. If full payment is not received per contract an additional 10% fee is incurred on balance due. ( ) client initial 2. Artist shall not be required to perform outdoors if the location temperature is below 50 degrees; or outdoors if there is a 50% or greater chance of rain, or if high winds make performance unsafe for the band. If any of these conditions exist and client has no suitable* indoor* location, client agrees to pay A1A in full. If A1A has been instructed to set up outdoors and inclement weather prevents or interrupts performance, client agrees to pay them in full. Once set up either indoors, or outdoors A1A are not required to move or re-set up. These decisions are left to the sole discretion of the bandleader, Jeff Pike. All A1A events performed outdoors require a covered and protected stage. Note: *indoor* Per agreement, *covered* location based weather condition mutually agreed upon between client and artist. 3. This contract cannot be canceled except by mutual agreement between artists and client. A minimum of 30 days’ notice is required for cancellation. Client agrees artist will keep performance fee deposit (50% of performance fee), with client agreeing to pay 100% of any travel-related expenses incurred by artists. Cancellation 15 days – 30 days from performance date, client agrees to pay 75% of performance fee and 100% of any travel-related expenses incurred by artists. With less than 2 weeks’ cancellation notice, client agrees to pay 100% performance fees and all travel - related expenses to artists. ( ) client initial If at any time after the execution of this agreement the artists should become unable to fulfill their obligations as stated herein, due to proven conditions beyond their control, including illness, death, or an act of God, this contract is canceled. At anytime of cancellation by artists after contract is signed, the artists will make every effort to replace themselves with a similar musical entity for the same price reinstating the contract. Artists will, to the best of their ability, conform to the rules and policies of the venue. If artists are unable to replace themselves, 50% of the deposit will be returned to client and artists keep the remaining 50% of the deposit. 4. This Agreement will be governed by, and construed in accordance with the laws of the State of Georgia, without giving effect to the principles of its conflict of law provisions. The Parties to this Agreement agree and consent to the jurisdiction of and venue in the state or federal courts in Gwinnett County, Georgia in all disputes arising out of or relating to this Agreement. In the event that any provision of this Agreement is declared invalid or void by statute or judicial decision, such action shall not invalidate the entire Agreement. It is the express intention of the Parties that all other provisions not declared invalid or void shall remain in full force and effect. The failure by either Party to act with respect to a breach by the other shall not constitute a waiver of the right to act with respect to subsequent or similar breaches. This Agreement constitutes the entire Agreement between the Parties. We, the undersigned, confirm that we have read and hereby approve each term and condition set forth in this agreement on Date: _____________ Client Signature: ____________________________________________________________ Client Name (Printed): _______________________________________________________ Client Address: ___________________________________________________ Client City, State, Zip: ______________________________________________ Client Phone: ___________________________ Client Email: ____________________________ Artist Signature: ___________________________________________________ Date Signed: ________________ Please make check(s) payable to: A1A Let’s Get Tropical Please mail the signed contract and deposit to: Jeff Pike 156 Bethesda Church Road, #413 Lawrenceville, Georgia 30044 678-576-7977 jeffpike@a1a-live.com NOTES: N HOME OF' HE BEST QUALITY OF LIFE IN GEORGIA' M T I LTION't ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 27, 2017 FROM: Steven Krokoff, City Manager 4 AGENDA ITEM: Approval of an Agreement between the City of Milton and The American Flyers Show Band for Performance at "Party on the Plaza" April 29, 2017. MEETING DATE: Monday, March 6, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,yAPPROVED / J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,,IVES / / NO CITY ATTORNEY REVIEW REQUIRED: (1YES (/ NO APPROVAL BY CITY ATTORNEY: („J�APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: oelaoIz°tl REMARKS: ©� Yom �'+*+ PHONE: 678.242.25001 FAX: 678.242.2499 ® G"teen • *�* w��e CoMton ��" inloacityolmllfonga.uslwww.eMyofiniMonpa.us ,� 4, 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - °E""•'E° °•°+_• o To: Honorable Mayor and City Council Members From: Sarah LaDart, Economic Development Manager Date: Submitted on February 27, 2017 for the March 6, 2017 Regular City Council Meeting Agenda Item: Approval of an Agreement between the City of Milton and The American Flyers Show Band for Performance at “Party on the Plaza” April 29, 2017. ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The City of Milton’s Grand Opening and move to New City Hall is being celebrated April 29, 2017 with a “Party in the Plaza” from 6:00—10:00 p.m. The event will feature tours, dinner, and dancing to the American Flyers Show Band. At the request of our attorneys, The American Flyers have agreed to remove item #8 from the contract. Funding and Fiscal Impact: $3,900 Budgeted FY17 This one-time expense is part of the 10 Year Anniversary Budget. The City is responsible for the cost of the band. Sponsorship are currently being explored by staff. Alternatives: None. Legal Review: Jeff Strickland, Jarrard & Davis February 27, 2017 Attachment(s): Professional Services Agreement between the City of Milton and The American Flyers Show Band Live Performance Agreement Oe Wanna Take You sHow. s GNIRi www.theamericanflyers.com Date Prepared: 02/23/2017 Agreement Number: 4292017 A. PURCHASER: Purchaser: Sarah LaDart, Economic Development Manager Company Name: City of Milton Ga. Address: 13000 Deerfield Parkway Suite 107F City/State: Milton, Ga. Zip: 30004 Country: USA Work #: 678-242-2534 Fax#: Cell #: Courtney Spriggs 706-344-2113 Email: sarah.ladartncityofmilton a.us B. LOCATION: l Performance Date(s): April 29, 2017 Type of Event: City celebration Number of Guests: 300 plus Location Name: Cit. Hall Location Address: 2006 Heritage Walk City/State: Milton, GA. Zip: 30004 Directions to Location: on line Performance Times: Begin Time: Duo 6 to 8pm End Time: TAF 8 to l Opm one set C. ARTISTS AND PAYMENT OF ARTISTIC FEES: Artists Requested: The American Flyers Show Band Configuration: 6 TAF, Duo opening act -piece Artist Representative: Danny Garrett Contact#: 404-545-5656 Address: 3574 Ballater Court, Snellville Georgia 30039 Guaranteed Performance Fee: $3,900 A deposit of $1,950 is due by on receipt. Please make check(s) payable to: The American Flyers, LLC FEIN: 20-3264301 Time of Final Payment: Purchasers check to be presented to Artists prior to performance time D. STAGING/PERFORMANCE AREA AND POWER SUPPLY: I Stage/Performance Area to be provided by: Purchaser AudioNisual to be provided by: Artist Sound System and Engineer to be provided by: Artist Staging/Performance Area: Size Requirements (size, dimensions/components/configurations): provided by Purchaser. Power Supply Requirements for Staging/Performance Area: provided by Purchaser. Time for Load-In/Set-Up: 200pm Time for Equipment and Sound Check: 530pm Artists Preparation: 30 minutes prior to begin time. Time First Set Begins: Duo 6 to 8pm Breaks: 15 minutes every 60 minutes of performance. Time for Load -Out: Low - By (Purchasers' Signature) (Print/Type Name) 3574 Baywater Court u Snellville, Georgia u 30039 u O: 404-545-5656 www.theamericanflyers.com The American Flyers, LLC (Print/Type Title) (Date) LIVE PERFORMANCE AGREEMENT ATTACHMENT — PAGE 1 OF 2 Purchaser and Artists agree that the following provisions are incorporated into the Live Performance Agreement to which it is attached and made a part thereof. The parties agree that the terms of this attachment prevail over the terms of any other document relating to and a part of the contract in which this attachment is incorporated. 1. PAYMENTS AND COMPENSATION. Purchaser agrees to make payments by check or money order payable to the Artists as follows: A 50% non-refundable security deposit upon signing the Live Performance Agreement, and the remaining balance prior to performance time. Returned, bounced, or cancelled checks, will incur a $35 processing fee due immediately. 2. ARTIST'S RIGHT TO TERMINATE. If live performance agreement has not been received as agreed, deposit has not been paid as agreed, or within the time specified, or funds are returned, bounced, or cancelled, Artists shall have the right to terminate this agreement without any further obligation. 3. CANCELLATION. Artists reserve the right to cancel this Agreement without obligation upon notice to Purchaser thirty (30) days in advance of the Performance date. In the event of Artist's cancellation, the deposit payment (if any) shall be returned promptly. If Purchaser cancels less than thirty (30) days before the Performance date, Purchaser agrees to pay Artists 25% of the guaranteed fee for the performance. If Purchaser cancels less than two weeks before the performance, Purchaser agrees to pay Artists 50% of the guaranteed fee for the performance. The parties agree that such payments are reasonable in light of anticipated or actual harm caused by the cancellation and the difficulties of proving the actual damages to the Artists. 4. SICKNESS AND ACCIDENTS. Artists' agreement to perform is subject to proven detention by sickness or accident. In the event of such non-performance, the deposit payment (if any) advanced to the Artists shall be returned promptly. 5.VIDEO AND AUDIO TAPING. Purchaser shall not, and shall not permit any person to, record, broadcast or digitally stream in any manner whatsoever, Artists performance without prior express written consent from Artists. Artists and/or his designees shall have the right to record the performance and to use the recordings. Purchaser shall have no interest or rights of any kind whatsoever in or to any such recordings of Artists performance during this engagement. 6. DRESSING ROOM/HOSPITALITY. Purchaser shall provide safe, clean dressing room(s) with lock(s). Purchasers shall provide hot and cold beverages and hot meals in the dressing room for the sole use of Artists/Personnel. Special arrangements shall include: 6 performers and 3 crew members. TBREAKS: Artists reserve the right to break for fifteen (15) minutes of every sixty (60) minutes or an equivalent thereof. theft or- damage Of PeF&FffiftROe F86404 >l9raperty dttmetge, 9. OUTDOORS EVENTS. Purchaser shall provide adequate shelter and flooring for the Artists/Personnel and performance related equipment to protect against sun, rain, or water damage and/or electrical shock to any persons at the performance location. If adequate covering is not provided, the Artists shall be permitted to leave the engagement and shall be paid in full. The Artist and/or Agent shall not be liable for any monetary damages or refunds exceeding the actual amount received as payment for their services. 10. LIVE MUSIC AND BACKGROUND MUSIC. Artists' retains all rights concerning the material that they perform and, if applicable, will select all background music played before and after Artists performance. Purchaser and/or Company shall have final say concerning music decibel level. 11. INDEPENDENT CONTRACTORS. Artists acknowledge that it is an independent contractor and not an employee of the Purchaser and shall be responsible for all taxes. Purchaser shall control the times and division of the performance, and Artists shall control the manner, means, and details of such performance. 3574 Baywater Court u Snellville, Georgia u 30039 u O: 404-545-5656 www.theamericanflyers.com The American Flyers, LLC LIVE PERFORMANCE AGREEMENT ATTACHMENT — PAGE 2 OF 2 12. ASSIGNMENT, ENTIRETY OF AGREEMENT, GOVERNING, JURISDICTION, AND MEDIATION. This agreement cannot be assigned or transferred without the written consent of Artists. This agreement constitutes the entire agreement between the parties. No modification shall be enforceable except in writing and signed by the parties hereto. In the event any dispute arising under this agreement results in litigation, arbitration, or mediation, such action or proceeding shall be brought within the state or federal courts of Georgia. 13. SEVERABILITY. If any provision of this Agreement or Attachments thereof is held invalid, the invalidity shall not affect other provisions or applications of this Agreement or Attachments, and to this end the provisions of this Agreement are declared to be severable. 14. PERMITS, LICENSES, AND TAXES. It is customary for these to be covered by the Purchaser. 15. INSURANCE. With respect to insurance, the Artist is responsible for his or her liabilities, and the Purchaser affirms its self-insured status for its own liabilities. 16. STAGING/PERFORMANCE AREA. Purchaser is responsible for obtaining a stage/performance area, providing safe working conditions and ensuring all equipment and facilities are in good working order. Purchaser will be in compliance with all statutory requirements (including adequate staging with protection from sun and bad weather) and will obtain all permits, consents and licenses necessary for the performance. If any of the Artist's or the personnel's instruments or equipment is damaged, Purchaser will reimburse any cost incurred to repair or replace the instruments or equipment. 17. POWER SUPPLY. Purchaser will provide safe and adequate power supplies operated by competent persons in accordance with all statutory requirements. If any of the Artist's or the personnel's instruments or equipment is damaged by malfunction or improper operation of the power supply the Purchaser will reimburse any cost incurred to repair or replace the instruments or equipment. 18. ARTISTIC CONTROL. Artists will have control of the artistic content of the performance and the people comprising the band. Artists may substitute a competent replacement for any member of the band or personnel who is 19. TRANSPORTATION. Transportation to be provided by Artist (Purchaser or Artists). If transportation is to be provided by purchaser, special arrangements include: N/A. 20. LODGING. Lodging to be provided by N/A (Purchaser or Artists). If lodging is to be provided by purchaser, special arrangements include: N/A. Any changes to this contract must be done in writing and agreed to in writing by both parties. By (Purchasers' Signature) By (Artists Rep. Signature) (Print/Type Name) (Print/Type Title) (Date) 3574 Baywater Court u Snellville, Georgia u 30039 u O: 404-545-5656 www.theamericanflyers.com The American Flyers, LLC (Print/Type Name) (Print/Type Title) (Date) HOME OF' HE BEST QUALITY OF LIFE IN GEORGIA' ] MILTOESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATEFebruary 27, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of an Agreement between the City of Milton and Cooper Carry, Inc. to Provide Conceptual Design Services for the Proposed Court/Fire/Police Facility on Highway 9 MEETING DATE: Monday, March b, 2017 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: teES () NO CITY ATTORNEY REVIEW REQUIRED: (yYES () NO APPROVAL BY CITY ATTORNEY: (,?IAPPROVED ()NOTAPPROVED PLACED ON AGENDA FOR: uq0r'IZ-01 LTAFANTa ©y Youn - PHONE: 678.242.25001 FAX: 678.242.2499 'Green IMofcityolmlltonga.us I w .cByotr nga.us i CONIIIfI7,Ylllow lty 13003 Deerfield Parkway, Suite 107 1 Milton GA 30004 E - o To: Honorable Mayor and City Council Members From: Carter Lucas, PE - Assistant City Manager Date: Submitted on February 22, 2017 for the March 6, 2017 Regular Council Meeting Agenda Item: Approval of an Agreement between the City of Milton and Cooper Carry, Inc. to Provide Conceptual Design Services for the Proposed Court/Fire/Police Facility on Highway 9 ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: In 2011 the city purchased a parcel of land on State Highway 9 for the purpose of constructing a new court/fire/police facility. In accordance with our standard procurement practices a Request for Qualifications (RFQ) was issued to identify the most qualified team to provide the required planning and design services for this facility. The city received eleven responses for this service from various design teams. These submittals were reviewed by a selection committee that was made up of staff members representing the various departments utilizing this facility. The selection committee recommends awarding a contract to Copper Carry, Inc. to provide the required planning and design services for this facility. The initial contract for program verification and conceptual design is submitted in an amount not to exceed $40,000. Funding and Fiscal Impact: Funding for this contract is available in the Police/Fire/Court Facility account Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP (January 27, 2017) Attachment(s): Professional Services Agreement HOME OF ' MILTONI�, E STABL1 S 1 i LD 2006 PROFESSIONAL SERVICES AGREEMENT Concept Plan for Court/Fire/Police Facility THIS 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 (hereinafter referred to as the "City"), and Cooper Carry, 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" — [Reserved] Exhibit `B" — Consultant's Proposal (as revised) Exhibit "C" — Scope of Work Exhibit "D" — Contractor Affidavit Exhibit "E" — Subcontractor Affidavit Exhibit "F" — Key Personnel B. Pro_lect Description. The "Project" at issue in this Agreement is generally described as: conceptual design for the City's proposed court/fire/police facility, including a program update, review of existing site data, master planning and creation of a conceptual development budget. 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, Completion Date, and Term of Agreement. Consultant understands that time is of the essence of this Agreement 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; provided, however, Consultant shall not be deemed in default of this Agreement to the extent that any delay or failure in the performance of its obligation results from any cause beyond its reasonable control and without its negligence. Design for the Project shall commence within thirty days of the Effective Date, and the Work shall be completed no later than sixty days from the actual design start date. The City shall not cause a major interruption or delay to the design. If, due solely to delay on the part of the City, Consultant is unable to meet the deadlines stated above, Consultant may request an adjustment in fees to cover any increases in its costs. The Agreement shall terminate upon the completion of the Work (provided that certain obligations will survive termination/expiration of this Agreement). If the Term of this Agreement extends across two calendar years, 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 City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year absent City's provision of written notice of non -renewal to Consultant at least five (5) days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property shall remain in Consultant until fully paid for by City. 2 II. WORK CHANGES A. Change Order Defined. 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. 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 City and Consultant. 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 Terms. 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. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. 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 (including Reimbursable Expenses and Additional Services) shall not, in any case, exceed $40,000.00 (the "Maximum Contract Price"), except as outlined in Section II(C) above. The compensation for Work performed, including Limited Basic Services, shall be based upon the fee schedule set forth in Exhibit `B." 3 C. Reimbursement for Reimbursable Expenses and Additional Services. Reimbursement for "Reimbursable Expenses" and "Additional Services" (as defined in Exhibit "B") shall be as set forth in Exhibit `B." IV. COVENANTS OF CONSULTANT A. Expertise of Consultant; Licenses, Certification and 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 sed.). 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. Budgetary Limitations. 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. 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. 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. 0 D. 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 prompt 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. M. Sean McLendon, AIA 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 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 of Consultant and Indemnification of City. Subject to any limitations set forth in Exhibit `B," Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the negligent, reckless or intentionally wrongful performance or character 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, 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, or expenses including but not limited to attorney's fees and costs of defense ("Liabilities") 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 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 5 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 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. I. 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 0 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 (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) 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; 7 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. (ii) Primary Insurance Requirement. Consultant'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 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. 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. 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. (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 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 (or 10 calendar days if due to non-payment) 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 starting and ending dates. (iii) Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by Consultant under the terms of this Agreement, including but not limited to Section IV(G) of this Agreement. (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 I prior to the Effective Date. (9) City as Additional Insured and Loss Payee: City shall be named as an additional insured and loss payee on all policies required by this Agreement, except City need not be named as an additional insured and loss payee 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. 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 10 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 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. § 13-10-91.1 DESIGNATE/MARK APPROPRIATE CATEGORY1 500 or more employees. _X_ 100 or more employees. 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. Records, 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 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 rernedy 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. 12 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. M. 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. Consultant agrees that confidential information it learns or receives or such reports, information, opinions or conclusions that Consultant 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 City, unless required by law or as necessary to perform its Service in accordance with this Agreement. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. 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 l 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. All of the individuals identified in Exhibit "F", attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Consultant's Project Manager or members of the Project team, as listed in Exhibit "F", without written approval of City. Consultant recognizes that the composition of this team was instrumental in City's decision to award the Work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for City's consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Consultant's obligations under this Agreement and shall be grounds for termination. 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 13 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. 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. Q. Ownership of Work. Ownership of 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 as set forth in Exhibit `B." 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 Entry. 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. City's Representative. Bob Buscemi 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 any time 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) E 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 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. Statutory Termination. 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 Termination. 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 Termination. 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. 15 B. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties. C. 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 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) 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 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: [L City Manager City of Milton, Georgia 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONSULTANT shall be sent to: M. Sean McLendon, AIA, Principal 191 Peachtree Street, NE Suite 2400 Atlanta, Georgia 30303 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 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. J. Sovereign Immunity; Ratification. 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 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 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, 17 servants, agents, attorneys and volunteers. L. Counterparts; Agreement Construction and Interpretation. 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, 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. 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] CONSULTANT: Cooper Carry, Inc. Signature: '- Print Name: %L& VIAI /F - 4:3461 Taj' \��\ \ \ \ \ 111 I I 1 11111 ////,/ Title: President/Vice 00 tion) [CORPORJv TLJ Attest/Witness: _ SE AL I Signature: Print Name: ''f/1111 0RG0�`�� Title: (Assistant) Corpo4 Secretary (required if corporation) Attest: Signature: Print Name: _ Title: City Clerk Approved as to form: City Attorney CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor 19 [CITY SEAL] [Reserved] EXHIBIT "B" EXHIBIT "C" Please see "Exhibit B" COOPER CARRY PROPOSAL FOR LIMITED ARCHITECTURAL SERVICES FOR: CITY OF MILTON POLICE/COURT AND FIRE FACILITIES MILTON, GEORGIA PROJECT No. 20160228.01 CITY OF MILTON 13000 DEERFIELD PARKWAY SUITE 107G MILTON, GEORGIA 30004 DECEMBER 06, 2016 PROJECT DESCRIPTION PAGE 1 OF 6 The City of Milton is planning a new campus project on Highway 9 that will provide new facilities for the Milton Police Department, Milton Municipal Court and a three -bay fire station. The project will be composed of two separate buildings and associated site work to meet ingress/egress, visitor parking and other secure areas. The site has some storm water improvements which must be evaluated for the project needs. The City of Milton has requested we perform a review of the initial program data and modify/update as required based on our interviews with key project stakeholders. The City has requested we prepare an updated program, several block plans and a new site plan approach based on their comments. With this new information, we will assist with a new development budget for the project before we prepare a proposal for full architectural design services. SCOPE OF BASIC SERVICES It is our understanding the following items described below reflect the scope of work for the Conceptual Design of the Milton Police/Court and Fire Facility. 1. Program Verification and Update: a. Stakeholder interviews b. Update project Program document based on interviews & review with Assistant City Manager/ City Architect Review existing Site Data available and assist with new survey information for the Project Master Planning a. Prepare a concept site plan which incorporates the proposed Building footprints, associated roadways, parking and secure parking areas. b. Civil Engineer to review proposed concept site plan and provide preliminary input regarding grading, utilities and storm water design Develop a Conceptual Development budget for the project PROPOSAL FOR LIMITED ARCHITECTURAL SERVICES FOR: CITY OF MILTON POLICE/COURT AND FIRE FACILITY PROTECT No. 20160228.01 DECEMBER 06, 2016 PAGE 2 OF 6 QUALIFICATIONS AND CLARIFICATIONS OF SCOPE AND BASIC SERVICES We will coordinate our services with those services provided by you and your consultants and shall be entitled to rely on the accuracy and completeness of services and information you and your consultants furnished to us. This Proposal is for limited services only and no other consultants beyond those listed are included in the Limited Basic Services. Special consultants that are not included in our scope or fee may be required to support the design effort. If any consultant services or any other such services become necessary, these fees will be in addition to the compensation for Limited Basic Services set forth in this Proposal. LEEDS Services in connection with LEEDS Green Building Rating System certification or other similar environmental certifications ("Green Certification") are not included in our Limited Basic Services or fee. These services can be provided as an Additional Service upon your request. Should you elect to pursue a Green Certified project, we suggest a meeting with all proposed team members, including you and the Contractor, if selected, to start the process towards determining the level of certification and specific items that will be pursued. It is our understanding the City has requested anticipated costs associated with a LEED certified project. Based on our discussions with several consultants, the City should expect a Certified building to increase total costs by approximately Five (5%) percent inclusive of registration, fees and construction costs. ZONING The fee for services concerning the interaction with the Zoning office and administrators is not included in this Proposal. In the past, COOPER CARRY has performed this work on an hourly basis but will be happy to provide a separate proposal once the scope of the work is further defined. PROJECT TEAM We propose to use the following team of consultants for Limited Basic Services: Architect: Programming: Civil / Planning Cost Consultant COMPENSATION LIMITED BASIC SERVICES COOPER CARRY Stewart Cooper Newell Breedlove Land Planning ADE Construction Consultants We propose to provide the identified Limited Basic Services on the following schedule: Task Description Fee 1. Program Verification & Plan Update $16,000 2. Site Survey TBD PROPOSAL FOR LIMITED ARCHITECTURAL SERVICES FOR: CITY OF MILTON POLICE/COURT AND FIRE FACILITY PROJECT No. 20160228.01 DECEMBER 06, 2016 PAGE 3 OF 6 3. Master Planning a. Architectural Site Plan Design $6,000 b. Civil Planning $5,500 4. Conceptual Cost Estimate $2,500 Total Limited Services Fee $30,000 We will bill our services monthly based on a percentage of the work completed. ADDITIONAL SERVICES Services provided by COOPER CARRY beyond those proposed herein are Additional Services and will be provided on an hourly basis in accordance with the rate schedule attached as Attachment "A." Additional Services shall include, but are not limited to, services necessitated by a change in the initial Project information, previous instructions or approvals given by the Client, or a material change in the Project, including size, quality, complexity, the Client's schedule or budget, or procurement method. If requested, we will provide estimates for these services for your authorization prior to proceeding with the additional service work effort. Additional Services provided by our consultants or services provided by special consultants will be billed to you at a multiple of 1.10 times consultant's invoice. 3. Additional Services will be billed monthly based on services rendered. REIMBURSABLE EXPENSES Reimbursable expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect or the Architect's consultants in the interest of the project, and include such items as printing, photocopying, plotting, photography, additional computer renderings, professional renderings or models, cost of travel, lodging, meals and mileage at the current IRS allowable rate per mile, long distance telecommunications, facsimile transmission, freight and postage, and any other miscellaneous expenses incurred on behalf of the project. Reimbursable expenses will be invoiced to you at a multiple of 1.00 times actual cost. GENERAL TERMS AND CONDITIONS PAYMENT: Invoices will be sent monthly based upon work completed GGRER . speeif1 , ,eq ---Vaiee or do-e-t-e—a-un eariations will be invaieed as Additional Serviees. interest will be al-t�ed (ut Ll— tulf ent prime rate Pitts nvaiee date. A dispute over any portion of an invoice shall not relieve the Client's responsibility to pay the undisputed portion thereof in accordance with the terms of this Proposal. Further, the Client shall not withhold amounts to impose a penalty on COOPER CARRY, or to offset sums for the requested or paid cost of PROPOSAL FOR LIMITED ARCHITECTURAL SERVICES FOR: CITY OF MILTON POLICE/COURT AND FIRE FACILITY PROJECT N0. 20160228.01 DECEMBER 06, 2016 PAGE 4 OF 6 changes in the Work, unless we have been found liable for the amounts in a binding dispute resolution proceeding. If the Client fails to make payments due to COOPER CARRY in upon seven (7) days prior written notice to the Client, COOPER CARRY will be entitled to terminate or, at our option, suspend performance of our Services and retain any Instruments of Service for which payment is outstanding. COOPER CARRY shall have no liability to the Client for delay or damages caused the Client because of such termination, suspension, or withholding of documents. OWNERSHIP AND USE OF DOCUMENTS: COOPER CARRY shall be deemed the author and owner of its Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. COOPER CARRY grants to the Client a nonexclusive license to use the Instruments of Service solely for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Client performs its obligations, including prompt payment of all sums when due, under this Proposal. Any unauthorized use or modification of the Instruments of Service shall be at the Client's sole risk and without liability to COOPER CARRY. DIGITAL DATA: COOPER CARRY does not convey any right in the information, communications, drawings or design created or stored for the Project in digital form ("Digital Data") or in the software or databases used to generate the data. Upon request by the Client, and as a reimbursable expense, COOPER CARRY shall provide a copy of the Digital Data pertaining to this Project to the Client or the Client's Contractor or consultants, provided the use of such data is specifically limited to the Project. Digital Data furnished by COOPER CARRY is for the convenience of the Client and for informational purposes only. The Digital Data is being transferred "AS -IS" and maybe subject to undetectable alteration due to, among other causes, transmission, conversion, media degradation, software error or human error. Any use ef"e 9igital Data will be at the sole risk a. the user and w1:119out liability, risk, or legal expeftffe_tl(��� LIMA t:M! \.. WAIVER OF CONSEQUENTIAL DAMAGES: COOPER CARRY and the Client waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Proposal or Project. GREEN CERTIFICATION: In the event the Client decides to pursue any environmental certifications, the Client acknowledges that these certifications are subject to various and possibly contradictory interpretations and that compliance may involve factors beyond the control of COOPER CARRY. COOPER CARRY will use reasonable care consistent with the applicable standard of care in interpreting and designing in accordance with desired certification but does not warrant that the Project will actually achieve such certification. WAIVER: Waiver by either party of a breach of any provisions of this Proposal shall not operate as or be construed as a waiver of any subsequent breach thereof. GOVERNING LAW: The terms of this Proposal shall be governed by the laws of the place where the Project is located. PROPOSAL FOR LIMITED ARCHITECTURAL SERVICES FOR: CITY OF MILTON POLICE/COURT AND FIRE FACILITY PROJECT No. 20160228.01 DECEMBER 06, 2016 PAGE 5 OF 6 : : : • : : : - : f : - : : :: -0017 CLOSING Please do not hesitate to call if we may answer any additional questions or clarify any issues you wish to discuss further. To confirm your acceptance of this Proposal, please execute in the space provided below and return one original fully executed Proposal to our office. Our entire Design Team enthusiastically looks forward to the possibility of our association on this Project and welcomes an opportunity to discuss any additional concepts or thoughts you may h PROPOSAL FOR LIMITED ARCHITECTURAL SERVICES FOR: CITY OF MILTON POLICE/COURT AND FIRE FACILITY PROJECT N0. 20160228.01 DECEMBER 06, 2016 PAGE 6 OF 6 OFFERED BY: COOPER CARRY 191 PEACHTREE STREET, NE SUITE 2400 ATLANTA, GA 30303 M. Sean McLendon, AIA December 6, 2016 Principal ACCEPTED BY: CITY OF MILTON 13000 DEERFIELD PARKWAY SUITE 107G MILTON, GEORGIA 30004 Name: Title: Date: Attachments: Attachment A: COOPER CARRY Hourly Rate Schedule Copies: File 420160228 /A.1 S. Wilson A. Smith Marketing Dept. M:\2016\20160228W-1 proposal\a-1-Downer-arch\20160228_proposal_milton_PCF.docac ATTACHMENT "A" COOPER CARRY'S HOURLY RATE SCHEDULE ARCHITECTURE RATE 275.00 Principal 275.00 (Range) Project Director 275.00 129.00 - 159.00 Project Manager 150.00 - 270.00 (Range) Design Architect 174.00 - 183.00 (Range) Project Architect 117.00 - 234.00 (Range) Staff Architect 108.00 - 141.00 (Range) Architectural Staff I -III 96.00 - 195.00 (Range) *Intern Architect 54.00 - 108.00 (Range) INTERIOR DESIGN RATE Principal Director of Interior Design Project Manager Project Interior Designer Sr. Interior Designer Staff Interior Designer Interior Designer II-III *Interior Designer I *Interior Design Student LANDSCAPE ARCHITECTURE & PLANNING Principal Director of Landscape Architecture Project Manager Certified Planner Project Landscape Architect Staff Landscape Architect/Planning Staff Landscape Designer I-II *Intern Planner *Intern Landscape Designer 275.00 275.00 275.00 Principal 192.00 - 225.00 (Range) 129.00 - 159.00 (Range) 129.00 - 159.00 (Range) 108.00 - 135.00 (Range) 108.00 - 135.00 (Range) 75.00 - 96.00 (Range) 50.00 - 75.00 (Range) RATE GRAPHIC DESIGN 275.00 Principal 275.00 126.00 - 153.00 (Range) 114.00 - 153.00 (Range) 120.00 - 129.00 (Range) 120.00 - 129.00 (Range) 95.00 - 120.00 (Range) 75.00 - 100.00 (Range) 75.00 - 100.00 (Range) GRAPHIC DESIGN RATE Principal 275.00 Sr. Graphic Designer 132.00 - 147.00 (Range) Graphic Designer II 100.00 - 132.00 (Range) Graphic Designer I 100.00 - 132.00 (Range) *Intern Graphic Designer 75.00 -100.00 (Range) TECHNICAL SERVICES RATE Specifications Writer 195.00 Specifications Coordinator 132.00 *Specifications Administrator 60.00 COOPER CARRY reserves the right to modem the hourly rates above for any compensation adjustments made while this Agreement is in effect, but no more than once per calendar year. * Denotes levels which receive overtime pay. Any hourly billing for work performed by these levels on an overtime basis will be invoiced at 1.5 times the applicable billing rate listed above. No Text STATE OF 64coR61A EXHIBIT "D" COUNTY OF FyyTop-1 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: 122 329 Federal Work Authorization User Identification Number . J v &/e 2o0 ' Date of Authorization Cooper Carry, Inc. Name of Contractor Concent Plan for Court/Fire/Police Facility 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 / (v , 20 I Tin ATI.A47-A (city), l�ii (state). Signature of Authorized Officer or Agent AfWAU SFA -4 W le -N Dant Printed Name and Title of Authorized Officer or Agent PRINCI f AL /1 #1 Cooloew C.h12l7T SUBSCRIBED AND WORN BEFORE ME ON THIS THE 1DAY OF—e A 207/1• n dm NOTARY PUBLIC [NOTARY SEAL] My Co mission Ex *res: �pTAq�- 'OVBUG �Iy•••.4RY 26 `. ......... t. ��4eC0 'N1 ; ,`` STATE OF _ COUNTY OF EXHIBIT "E" 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 Cooper Carry, 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 commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: I hereby declare under penalty of perjury that the Federal Work Authorization User Identification foregoing is true and correct. Number Date of Authorization Name of Subcontractor Concept Plan for Court/Fire/Police Facility Name of Project City of Milton, Georgia Name of Public Employer 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 "F" The following individuals are designated as Key Personnel under this Agreement and, as such, are necessary for the successful prosecution of the Work: Individual Position HOME OF' HE BEST QUALITY OF LIFE IN GEO� LTO ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 27, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of an Agreement between the City of Milton and NGL & Erosion Control Group, LLC to Provide Right of Way Mowing Services MEETING DATE: Monday, March 6, 2017 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: OYES () NO CITY ATTORNEY REVIEW REQUIRED: (-KYES (J NO APPROVAL BY CITY ATTORNEY: („J/ PPROVED / J NOT APPROVED PLACED ON AGENDA FOR: 04/200 REMARKS: ©y Tau( PHONE: 678.242,25001 FAX: 678.242.2499 'Green • info�cltyofmlkonga.us www. olfyoWItonga.us wnn COIB1flY111}s� a'd ` 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a 1�-=.a,�.�.o s.o.:e Ya Eel To: Honorable Mayor and City Council Members From: Carter Lucas, PE - Assistant City Manager Date: Submitted on February 21, 2017 for the March 6, 2017 Regular Council Meeting Agenda Item: Approval of an Agreement between the City of Milton and NGL & Erosion Control Group, LLC to Provide Right of Way Mowing Services ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: In 2017 our current contracts for Public Works services expire. In accordance with our standard procurement practices a Request for Proposals (RFP) was issued to provide right of way mowing services throughout the city. The city received nine proposals for this service from various contractors. These proposals were reviewed by a selection committee that was made up staff members representing the various departments. The selection committee evaluated the proposals to determine the most qualified vendor that would provide the best value to the city for this service. The selection committee recommends awarding a contract to NGL & Erosion Control Group, LLC. to provide this service in an amount not to exceed $100,000 per year. Funding and Fiscal Impact: Funding for this contract is available in the Infrastructure services account Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP (December 7, 2016) Attachment(s): Right of Way Mowing Agreement HOME OF ' _ N1I L 11 v D2006 ESTA6LISHE RIGHT OF WAY MOWING AGREEMENT 120— day of ' GEORGIA, a municipal THIS AGREEMENT is madbetween theCITYOF MILTON' authority, the Mayor and b and bet its governing a LLC, (the "Effective Date"), Y Georgia, acting by and throughrol corporation of the State of e e°� d to as the "City"), and NGL &E he1OContractor"),n Contr collectively corporation City Council (hereinafter r o (herein after referred to a Georgia Limited Liability Company, referred to herein as the "Parties." WHEREAS City desires to retain Contractor to provide public works services in one or more Project(s) (defined below); and Agreement under Contractor desires to perform the Work as set forth in this WHEREAS C reement; and the terms and conditions provided in this Ag e th public interest will be served by this Agreement; and tent of the WHEREAS, p s familiarized itself with the nature federal, state and local WHEREAS, Contractor ha andtoal ect s and the Work, and with in a 1 localmanc affect cost progress or performance Agreement, the Proj ()' regulations that may Y laws, ordinances, rules and reg of Work. promises the public for and in consideration of the mutual and other good and NOW, THEREFORE, ements and agreements contained herein, purposes, and the acknowledgements sufficiency Of which is hereby acknowledged, the Parties do mutually adequate consideration, agree as follows: COPE OF SERVICES AND TERMINATION DATE of I• S Agreement and each Bement. The Agreement shall consist of this Services Ag A. Ate M= orated herein by reference, including: the Exhibits hereto, which are mcorp Exhibit "A" – City Solicitation Documents Exhibit «B – Contractor Response/Proposal Exhibit "C" – Scope of Work Exhibit "D" – Contractor Affidavit Exhibit "E" – Subcontractor Affidavit Exhibit "F" – Key Personnel Exhibit "G" – Non -Collusion Affidavit 1 The Work. The work to be completed under this Agreement (the "Work") B. the Project and any approved Wort-, Orders, as defined in includes, but shall not be limited to, stated, the Work includes all mater too s, Section II. Unless otheial, labor, insuranany ce, her machinery, water, heat, utilities, transportation, facilities, details necessary for proper equipment, Tete the Work. miscellaneous items and work necessary to comp Oject Scope Of cal ibed in the execution and completion of the Work may not be specif1entlof the rW° kll they area sual and Work or applicable Work Orders, but they are a rvices mar component of the contemplated services or are otherwise necessary for proper customary applicable requirements, standards, completion of the Work. The Work shall comply with all app attached hereto and d s ecificat. ns set forth in the City solicitation D )c ments, Exhibit "A", and conditions an p representations in theContractor Response/Proposal, incorporated herein by ence. t time is of the C. it will TiminCy and Term of Agreement. Contractor un&rstands perform the Work n a prompt essence of this Agreement and warrants and represents that of e Work. he term of is and timely manner, which shall not impose delays on the progresebeh 30, 2017. On October 1, Agreement ("Term") will be from the Effective Date t�relement shall automatically renew for a 2017, and on October 1 of each following year, this Ab month Term unless either Party provides written notice of nonrenewal at least thirty twelve (12) This for to the expiration of the then -current Term. rmativgy terminatedreement lautomatically by either Party (30) days pr 4 times, and shall not renew if aff renew no more than four O Agreement pursuant to Section VII of this Ag 11, PROJECT AND WORK ORDERS A. Pro'eet. The project contemplated by this Agreement is and orpofwayed here as set forth in the The Project of Work at Exhibit "C", attached hereto by reference. ope of uire B. Work Orders. Where services within the Project scwould result in ladditional pcostfto authorization or direction from the Wo lc Orders) foor where r performance erformance of the Work. Contractor shall the City, the City will issue orders right of way mowing conditions in need of suggest Work Orders to the City when it observes any g the City's Representative (as special attention. All Work Orderby the Contractor's Representative ato and accepted in writing shall be in writing and issued by . and nature defined herein) or his or her delegate, as defined herein) or his or her delegate. Each oWn order shall identify the location of the requested Work and any associated cost y the rojcct Su lemental Work. The City may request sub e ;t to additio aork not covered b ompensat on C lemental and Scope of Work. Such Work in is considered "Supp ted costs. A revised estimate must ' rices set forth in Exhibit "B". Each Work order socoa Supplemental Work shall speer y at the unit p lemental Worlc, including as the expected price of any Supp exceed any initially - in writitheupp ng by the City's Representative before Contractor estimateprice for Its procurement olicy in be approved Supplemental Work. The City shall folio rders. processing Supplemental Work O 2 III, COMPENSATION AND METHOD OF PAYMENT aid to Contractor in any Term shall be the A. Payment Terms. The total amount p (provided that during the um rice for right of way mowing as set forth in Exhibit "B" be lumps p e will be prorated for nine months, and will of all worked, initial Term the lump sum price Cit and the sum ],mental Work sum of all pass-through costs authorized in writing by i T roved Supp materials used , and supplemental costs incurred �n performing slto pay Contractor for the Work rices set forth in Exhibit B City ab Orders at the unit p t. The lump sum payments Prices by Contractor upon certification b eemtenhat the Work was actually performed and costs m d and aid in equal monthly installmei dOapT roval of invoices' r he course of the performed and costs actually incurred in accordance with the an approval for the Project shall s all aid to Contractor upon City's receiptporting Term. Compensation shall be p performed and costs incurred, along with all supporting setting forth in detail the services p submitted material deviations to Process the invoice. Invoices shall be submitted on a monthly documents requested by City he ore ordered shall be clearly communicatedo sidescribed basis, and such invoices shall reflect cork incurred versus costs budgeted. in Work performed compared to Wo h Work orders changes shall be handled through approval of the invoice charges are incurred and necessary within thirty ( ) Y in Section 11 above. City shall pay by City staff. aid to B. Max imum Pa ment Amount. The maximum amount that cang anyn shall be curre in Contractor for Work performed and reimbursementParties must xecduteua�written amendment to $125,000.00. In order to increase this amount, the this Agreement. IV. PERFORMANCE REVIEW inspect the timeliness and quality of Cit may p ro erl erformed Work or A. Performance Monitorin Y efficiencies r e additional cost to the ntractor Contractor 's Work at anytime. If City notifies erect the d °f any imp p Y -p. , late performance of Work, Contractor shallco City. nce Review Meetin s• Probation. Representatives for City an B. Performa performance, at no additional cost to Contractor shall meet every three months to review Work p ver month to review or repetitive deficiency, the City may feet e1 Contractor that it is City. In the event of a seriousp City and Contractor shall m on Probation status; while a1 cost to City. Contractor shall remain on Probation status until two performance, at no addrtioi performance have elapsed. successive months of acceptable p ma es. Contractor specifically acknowledge tand additional TIME IS OF C. Liquidated Dama timely and properly. The City and Contractor THE ESSENCE of this Agreement and that City will suffer loss, inconvenienceproceeding the administrative burden if the Work is not comp p reasonably ' e the delays, expense, and difficulties involved in proving m a legal t o also recognize �, an month while red b the City it the Work is not completed continued during City actual loss suffered Y Performance deficiencies determines that the Contractor's p Cit the Contractor at the next monthly meeting. s on Probation status, the Y shall so inform 3 liquidated damages for nonperformance (but not as a penalty), the City shall be entitled to 10% of the Project's invoiced bill for the month in question. If, at the end of the Term, the Contractor has spent fewer than three months of the Term on Probation status and is not then on Probation status, the City shall refund any liquidated damages amounts withheld to the Contractor. This liquidated damages provision shall not take the place of any of City's other contractual rights, including the right to terminate this Agreement for cause. D. Replacement of Unsatisfactory Workers. Contractor shall promptly remove and permanently replace any employee or subcontractor declared by .he City to be unsuitable to provide Work under this Agreement, including for reasons of chro,.Iic tardiness or absenteeism, improper job attire, unprofessional attitude or behavior, or demonstrated inability or unwillingness to properly perform Work. The City shall have absolute discretion in making this determination, provided it does not act in bad faith. Contractor's failure to comply with this provision will constitute a material breach of this Agreement. V. COVENANTS OF CONTRACTOR A. Expertise of Contractor Licenses Certifications and Permits. Contractor 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. Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of 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. Further, Contractor agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expecttid of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Work, 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 Contractor, including as a result of not meeting the applicable standard of care or quality, will be provided by Contractor at no additional cost to City. B. Bud etary 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 principles of Contractor's profession and industry, Contractor will give written notice immediately to City. C. City's Reliance on the Work. Contractor acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Contractor and that, therefore, City bears no responsibility for Contractor's Work performed under this Agreement. Contractor acknowledges and agrees that the acceptance of Work by City :.s limited to the function of 4 determining whether there has been compliance with what is required to be performed under this Agreement. D. Contractor's Reliance on Submissions by City. Contractor must have timely information and input from City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by City, but Contractor shall provide immediate written notice to City if Contractor knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. E. Contractor's Representative. Y, lff -A C)V-1C/ [INSERT NANME J shall be authorized to act on Contractor's behalf with respect to the Work as Contractor'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. 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 City. As to any approved subcontractors, Contractor s call be solely responsible for reimbursing them, and City shall have no obligation to them. G. 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 City on account of the performatice or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless City and City's elected and appointed officials, officers, boards, commissions, employees, representatives. Contractors, 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 Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts or omissions Contractor 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 Contractor or other persons employed or utilized by the Contractor 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 Contractor, its subcontractor, anyone directly or indirectly employed by Contracr.or or subcontractor or anyone for whose acts 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 Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 5 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. H. 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 City. Nothing in this Agreement shall be construed to make Contractor or any of its employees, servants, or subcontractors, an employee, servant or agent of City for any purpose. 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 Contractors, 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. 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 City by virtue of this Agreement with Contractor. Ar}y provisions of this Agreement that may appear to give 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 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 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. Contractor agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of 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. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. I. Insurance. (1) Requirements: 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 Contractor, 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: Contractor 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 no million dollars) combined single limit per occurrence 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. If a general aggregate limit applies, the general aggregate limit shall be at least twice the required occurrence limit. (b) Commercial Automobile Liability gowned, 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 (one million dollars) limit for claims arising out of professional services and caused by Consultant's errors, omissions, or negligent acts. [Required if any professional services will be provided.l (d) Workers' Compensation 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, Contractor 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: $2,000,000 (two million dollars) 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: Argy deductibles or self-insured retentions must be declared to and approved by City in writing so that City may ensure the financial solvency of 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 (if applicable) Umbrella 7 Liability Coverage. (i) Additional Insured Requirement. City and City's elected and appointed officials, officers, boards, commissioners, employees, representatives, Contractors, 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 Contractor; products and completed operations of Contractor; premises owned, leased, or used by Contractor; automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing :ontained 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. Contractor's insurance coverage shall be primary .noncontributing insurance as respects to any other insuranc ° or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of Contractor's insurance and shell not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the po',icies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that 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 Liabilit)-. 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 Contractor for City. (vii) Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by Contractor under the terms of this 8 Agreement, including but not limited to Section V(G) of this Agreement. (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 Contractor 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 (or 10 calendar days if due to non-payment) 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 starting and ending dates. (ii}) If higher limits are maintained by Contractor than shown above, the City shall be entitled to coverage for any additional insurance proceeds in excess of the specified minimum limits maintained by the Contractor. (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 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 Contractor shall be responsible for any delay resulting from the failure of its insider to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Contractor 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, Contractor is specifically required to provide an endorsement naming (_'ity as an additional insured when required. The certificates of insurancf: 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. City reserves the right to require complete, certified copies of all required I insurance policies at any time. Contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Contractor's Duty to Provide Notice of Reduction in Coverage: Contractor shall provide written notice to City at least thirty (30) days prior to any reduction, suspension, voiding, or cancellation of coverage. Contractor shall require the same notice to the City in al I subcontractor contracts. (8) Subcontractors: Contractor shall either (1) erasure 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. (9) Claims-Mgde 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. (10) City as Additional Insured and Loss Payee:. City shall be named as an additional insured and loss payee on all policies required by this Agreement, except City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers' Compensation policy. (11) Progress_ Payments: The malting of progress payments to Contractor shall not be construed as relieving Contractor or its subcontractors or insurance carriers ft'om providing the coverage required in this Agreement. J. Reserved K. Non -Collusion Affidavit. Contractor's officers, partners and employees responsible for bidding for the Work (as may be required to comply with O.C.G.A § 32-4-122 and § 36-91-21(e)) shall complete and return to City the Non -Collusion Affidavit attached hereto as "Exhibit H." L. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-9 1, City shall not enter into a contract for the physical performance of services unless: (1) Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "D" and "E" (affidavits regarding compliance with the E - Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's 10 subcontractors have registered with, are au.horized 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.O.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period; or (2) Contractor provides evidence that it is not required to provide an affidavit because it is an individual (not a company) li:,ensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing; or (3) If Contractor does not hire or intend to hire employees for purposes of satisfying or completing the terms and conditions of this Agreement, in accordance with O.C.G.A. § 13-10-91(b)(5) Contractor shall provide a copy of Contractor's state issued driver's license or state issued identification card and a copy of the state issued driver's license or identification card of each independent contractor utilized in the satisfaction of part or all of this Agreement. Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "D" and submitted such affidavit to City, or provided 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, or provided City with the appropriate state issued identification as noted in sub -subsection (3) 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 Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, 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 :>f which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the Contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individieal licensed and in good standing as noted in sup -subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to 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 Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. 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 City. 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 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. Contractor's failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Contractor shall be liable for all damages and delays occasioned by City thereby. Contractor agrees that the employee -number category desi;nated below is applicable to Contractor. [DES IGNATEt'MARK APP ROPRIATL CATEGORY! 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor emp:_oys 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, Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. M. Records Reports and Audits. (1) Records: (a) 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 Contractor 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 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 document 3 pertaining in whole or in part 12 to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, Contractor 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, Contractor shall make available to City or City's representative(s) for examination all Records. Contractor will permit 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 City, shall make the Records available for inspection at City's office. Further, Contractor shall permit City or City's representative(s) to observe and inspect any or all of Contractor's facilities and activities during normal hours of business for the purpose; of evaluating Contractor's compliance with the terms of this Agreement. In such instances, City or City's representative(s) shall not interfere wi':h or disrupt such activities. N. 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 regulatiop. Contractor certifies that to fle best of its 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 Tenn of this Agreement, Contractor shall immediately notify City. If City detennines that a conflict of interest exists, City may require that Contractor 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 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 City within five (5) business days of becoming aware of the existence of the conflict of interest. Contractor 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 apother 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 r -,quest, 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•. Contractor 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 -Contractor under a contract to the prime Contractor or higher tier sub - Contractor, or any person associated therewith, as an inducement for the award of a subcontract or order. 13 O. Confidentiality. Contractor 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, Contractors, and/or staff to likewise protect such confidential information. Contractor agrees that confidential information it learns or 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 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 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 ke.-p 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. P. Key Personnel. All of the individuals identified in Exhibit "F", attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. Therp shall be no change in Contractor's Project Manager or members of the Project team, as listed in Exhibit "F", without written approval of City. Contractor recognizes that the composition of this team was instrumental in City's decision to award the Work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for City's consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of tris paragraph shall constitute a material breach of Contractor's obligations under this Agreement and shall be grounds for termination. Q. Authority to Cqptract. The individual executing this Agreement on behalf of Contractor covenants and declares that it has obtained all necessary approvals of Contractor's board of directors, stockholders, general partners, limited partn;,rs or similar authorities to simultaneously execute and b1i:14 Contractor to the terms of this Agreement, if applicable. R. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Contractor ("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 Contractor 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 Contractor may retain a copy of any deliverables for its records. Contractor assumes all risk of loss, damage or destruction of pr to Materials. If any Materials are lost, damaged or destroyed before final delivery to City, Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. 14 S. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. y 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. 5 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, 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. VI. COVENANTS OF CITY A. RijZht of Entry. City shall provide right of entry for Contractor and Contractor's materials and equipment required to complete the Work; provided that Contractor shall not unreasonably encumber the Project site(s) with materials or equipment. B. City's Represe!ltative. Roddy Motes shall be authorized to act on City's behalf with respect to the Work as City's designated representative on this Agreement, provided that delivery of official notice to the City must comply with the notice previsions of Section VIII.F. VII. TERMINATION A. For Convenience. City may terminate this Agreement for convenience at any time upon providing written notice thereof at least seven (7) calendar days in advance of the tennination date. B. For Cause. 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 Contractor within thirty (30) calendar days of Contractor providing City with notice of a delinquent payment and an opportunity to cure. In the event of Contractor's breach or default under this Agreement, City may terminate this Agreement for cause. 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. If Contractor fails to cure the breach or default within that seven (7) day period, or otherwise remedy the breach or default to 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 Contractor for the costs of curing the default against any sums due or which become due to Coni -Tactor under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to City for such default. C. Payment Upon germination. Upon termination, City shall provide for payment to Contractor for services rendered and, where authorized, exp,,nses 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 h; re someone to complete) the Project, as determined at the time of termination, not otherwise covered by the remaining unpaid price for the Project. D. Conversion to Termination for Convenience. If City terminates this Agreement 15 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 VII(A) above. E. Requirements Upon Termination. Upon termination, Contractor 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 Contractor in performing this Agreement, whether completed or in process, in the form specified by City. F. Reservation of Rights and Remedies. The rights and remedies of City and Contractor provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity. VIII. 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 in a written document signed by representatives of both Parties with appropriate authorization. B. Successors and Assil4ns. 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 Patties. C. 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. D. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only 4nd 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, lim Contractor 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 Contractor provides evidence that no such license is required. F. Notices. (1) Communications Relating to Dav-to-Day_ Activities. All communications relating to the day-to-day activities of the Work, and Work Orders, shall be exchanged between City's Representative (named above) for City and Contractor's Representative (named above) for 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 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 City of Milton, Georgia 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: G. Waiver of Agrepnent. No failure by City to enforce any right or power granted under this Agreement, or to insi$t upon strict compliance by Contractor with this Agreement, and no custom or practice of City a� 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 Contractor with the teens and conditions ofthis 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 requiretrlents. 17 I. No Third Party Ri-ehts. 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. Sovereign Immunity; Ratification. 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 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, Contractors, servants, agents, attorneys or volunteers. No such individual shall be personally liable to Contractor or any successor in interest in the event of any default or breach by City or for any amount which may become due to 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 contractual liability, except where Contractor is a sole proprietor. The Parties agree that, except where Contractor is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed and/or asserted only against Contractor or City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, Contractors, servants, agents, attorneys and volunteers. L. Counterparts; Agreement Construction and Interpretation. 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. Contractor represents that it has reviewed and become familiar with this Agreement. 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 aga1nst 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 ani appears in another is not intended to affect the interpretation of either statement. Words or terjns 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 Maieure. Neither City nor Contractor 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 CONTRACTOR; (vi) delay or failure to act by any governmental or military authority, or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, 18 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 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 City at law or in equity. IN WITNESS WHEREOF City and Contractor have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] 19 CONTRACTOR: NGL & Erosion Control Group, LLC Signature: 4� tk4 /' aw.144 1 Print Name: &ndfa UO3 , Title: Member/Manager (LLC) Attest/Witness: Signature: 4L Print Name: I ��c�VVIC� 3C,64 Title: D�NMc Attest: Signature: Print Name: _ Title: City Clerk Approved as to form: City Attorney CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor C1 [CITY SEAL] EXHIBIT "A" HOME OF' ESTABLISHED 2006 CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: I RFP Title: RFP16-PW10 j Public Works and Parks Maintenance Services Due Date and Time: Public Works October 11, 2016 Number of Pages: 106 Local Time: 2:00pm Milton, Ga. 30004 ISSUING DEPARTMENT INFORMATION Issue Date: August 18, 2016 City of Milton Phone: 678-242-2500 Public Works Fax: 678-242-2499 13000 Deerfield Pkwy, Ste107F Website: www.citvofmiltonga.us Milton, Ga. 30004 Deadline for Written Questions INSTRUCTIONS TO OFFERORS Return Proposal to: Mark Face of Envelope/Package: Offeror Phone Number: RFP Number: RFP16-PW10 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Special Instructions: Office Deadline for Written Questions 13000 Deerfield Pkwy, Ste 107F September 22, 2016 Milton, Ga. 30004 Email questions to Honor Motes at honor. motes@cityofmiltonaa. us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS OFFERORS MUST COMPLETE THE FOLLOWING Offeror Name/Address: Authorized Offeror Signatory: Please print name and sign in ink Offeror Phone Number: Offeror FAX Number: Offeror Federal I.D. Number: Offeror E-mail Address: OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE Y001„r. PHONE: 678.242.25001 FAX: 678.242.2499 Ka ua9t2 4 infoCcityofmiltonga.us I www.cityofmlltonga.usCommunity 14u1,� 13000 Deerfield Parkway, Suite 107 (Milton GA 30004 % t;E iiT is lEU gra <r iJ: i tC LLLLy� 21 TABLE OF CONTENTS Offeror's RFP Checklist Disclosure Form Proposal Letter Schedule of Events Section 1: Project Overview and Instructions Section 2: RFP Standard Information Section 3: Scope of Project Section 4: Offeror Qualifications Section 5: Cost Proposal Section 6: Evaluation Criteria Section 7: Standard Contract Information Standard Contract 31 OFFEROR'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 officers 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 -proposal conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the 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 DOAS website at http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp and on the City's website at hftp://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. b. 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 DOAS website at http://ssi.doas.state.ga.us/PRSapp/PR_index.jsp and the City website at hftp://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 Offeror's Response 41�- ,6 HOME OF'-'--.- V {N�% _ - `'. I.. ESTABLIS1IED 2006 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH RESPONSE This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Offeror 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: HOME OF - ESTABLISHED 2006 RFP# 16-PW10 PROPOSAL LETTER (Bidder to sign and return with proposal) We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP) - Public Works and Parks Maintenance Services. 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 Dat Print/Type Name, Print/Type Company Name Here 61R- D - S -`- 0 STATE OF COUNTY OF HOME OF ` LStABLISH M ?006 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 0.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 Name of Contractor Public Works and Parks Maintenance Services 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: 71 - SCHEDULE OF EVENTS EVENT RFP Issue Date Pre -Proposal Meeting DATE September 13, 2016 Meeting to be held at City Hall 13000 Deerfield Parkway Suite 107E at 1000 am Deadline for Receipt of Written Questions 5 PM on September 22, 2016 Posting of Written Answers by City to Websites on or about September 26, 2016 RFP DUE No Later than 2 PM on October 11, 2016 NOTE: PLEASE CHECK THE CITY WEBSITE (http://Www.cityofmiltonga.us) OR THE DOAS WEBSITE (http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp) FOR ADDENDA AND SCHEDULE UPDATES. SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton is accepting sealed proposals from qualified firms to provide an innovative approach to Public Works and Parks Maintenance Services. Proposals are being accepted for the following services: A. Right of Way Mowing B. Facilities Landscaping C. Sport Field Maintenance D. Park and Field Maintenance for Bell Memorial and Providence Park E. Right of Way maintenance (Issued separately) F. Traffic Signals(Issued separately) Offerors may respond to one or more of the contracts contained in this RFP. If an offeror elects to respond to more than one contract which would result in overall savings to the city, an alternate bid will be accepted. A multiple contract bid proposal should clearly note that the proposal is contingent on the acceptance of all contracts and shall be considered as such. All Offerors must comply with all general and special requirements of the RFP information and instructions enclosed herein. The City may directly negotiate final terms with the selected service provider(s). Work under this contract will commence on or about January 1, 2017. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposal (RFP) is issued until an offeror is selected, offerors are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes. Any unauthorized contact may disqualify the offeror from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes Address: 13000 Deerfield Parkway, Suite 107F, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@cityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFP. Offerors 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 which they 91 discover upon examination of this RFP. B. Form of Questions. Offerors with questions or requiring clarification or interpretation of any section within this RFP must submit their questions in writing via email (preferred), or faxed to the procurement office referenced above on or before 5 PM on September 22, 2016. 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 September 26, 2016. 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 or http://ssi.doas.state.ga.us/PRSapp/PR_index.jsp Offerors must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, offeror 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 offeror'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 offeror'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 offeror 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 offerors submitting a response to this RFP. E. Mandatory Requirements. To be eligible for consideration, an offeror must meet the intent of all mandatory requirements. The City will determine whether an offeror'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. 10 1 _ 1.3 TERM OF THE AGREEMENT The term of this Agreement shall commence on or about January 1, 2017 and shall automatically renew, in accordance with the contract documents, each year for an initial term of five (5) years. Upon mutual agreement of both parties the Agreement may be extended on an annual basis for an additional five (5) years. 1.4 SUBMITTING A PROPOSAL Each proposal shall provide a straightforward and concise explanation of the proposer's capabilities to satisfy the requirements of this RFP. Emphasis in each proposal must be on completeness and clarity of content. Proposals shall be submitted in two (2) individually sealed envelopes, one containing the technical proposal and the other containing the cost proposal. Both envelopes shall be submitted in one sealed and marked package and delivered to City Hall by the time and date established in this RFP. The City will score all technical proposals before evaluating the costs. A. Submittal Requirements. Proposals shall include the following: 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. City of Milton Contractor Affidavit and Agreement (eVerify) (signed) 5. Proposals that are responding to more than one contracted service area are only required to submit one copy of items 1-4 listed above. 6. Technical Proposal. Proposals that are responding to more than one service area must clearly divide and mark the response to each service area. The following requirements apply to each contracted service area: Each Task Order Technical Proposal Shall be: a. No more than twenty (20) single sided pages (10 pages if double sided) for each Task Order. i. Cover page(s), table of contents, tabs, and required forms do not count toward the page limit. Even if you are responding to more than one Task Order you are only required to submit one copy of the required forms. b. Minimum of 11 point font 11 � Each Technical Proposal Shall Contain: a. Corporate background and qualifications to perform the services required by this RFP. i. Describe any attributes, special capabilities or resources available in the firm. ii. State whether the firm has any pending litigation in the last five (5) years and the outcome of the litigation. iii. Describe any reach -back capabilities that the firm may be able to provide and how those resources may be utilized by the City. iv. Describe any training programs provided to employees to ensure adequately trained staff and to ensure continued training of team members. b. Project Team: i. Project staffing proposals. Include resumes of key project personnel, i.e. project managers and team leaders. ii. Describe the firm's approach to fill staff positions during vacation, illness, attrition, etc... c. Equipment List - include a list of equipment available for use on this project d. Work Plan - provide an anticipated project schedule, any anticipated challenges, and any innovative approaches e. Related Projects and References L Describe at least 3 similar projects with references and the degree of involvement of the team 7. Pricing (See Section 5) 8. Applicable Addenda Acknowledgement Forms (if necessary) Offerors must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0. B. Failure to Comply with Instructions. Offerors 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 proposals 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 five (5) copies of each proposal (plus a CD) should be provided to the City. Proposals must be received at the receptionist's desk prior to 2:00 PM, local time, October 11, 2016. Emailed responses to requests for proposals are not acceptable. Proposals will be opened 12 1 at approximately 2:05 pm and names of offerors will be announced. D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the offeror'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 offeror at the expense of the offeror or destroyed if requested. 1.5 OFFEROR'S CERTIFICATION A. Understanding of Specifications and Requirements. By submitting a response to this RFP, offeror 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 offeror 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 offeror so agrees in submitting the proposal. 1.6 COST OF PREPARING A PROPOSAL 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 offeror. The City is not liable for any expense incurred by the offeror in the preparation and presentation of their proposal. 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 offeror resulting from this RFP process. 131 -- 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 offerors. 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 proposals 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 offeror; and (4) other constitutional protections. B. Procurement Officer Review of Proposals. Upon opening the proposals 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 proposal. 2. The proposal does not contain confidential material in the cost or price section. 3. An affidavit from an offeror's legal counsel attesting to and explaining the validity of the trade secret claim is attached to each proposal 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. Offerors must be prepared to 14 1 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 proposal is not within the specifications described and required in the RFP. If a proposal is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if an offeror 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 offeror or, if necessary, to seek discussion/negotiation or a best and final offer in order to determine the highest scoring offeror. 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 in terms of differing price, quality, and contractual factors. 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 offeror's proposal 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 offerors outside the formal response or subsequent discussion/negotiation or "best and final offer," if requested, will not be considered, will have no bearing on any award, and may result in the offeror being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. 15 1 After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more offerors should clarification or negotiation be necessary.. Offerors may also be required to make an oral presentation and/or demonstration to clarify their RFP response or to further define their offer. In either case, offerors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the proposal. Oral presentations and demonstrations, if requested, shall be at the offeror's expense. F. Best and Final Offer. The "Best and Final Offer" is an option available to the City under the RFP process which permits the City to request a "best and final offer" from one or more offerors if additional information is required to make a final decision. Offerors may be contacted asking that they submit their "best and final offer," which must include any and all discussed and/or negotiated changes. The City reserves the right to request a "best and final offer" for this RFP, if any, based on price/cost alone. G. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. H. 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 offeror 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. Contract Negotiation. The procurement officer and/or City department representatives may begin contract negotiation with the responsive and responsible offeror whose proposal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring offeror 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 offeror. J. Contract Award. Contract award, if any, will be made to the highest scoring offeror 16 1 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. Cancel or terminate this RFP, B. Reject any or all proposals received in response to this RFP, C. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any proposal, D. Not award if it is in the best interest of the City not to proceed with contract execution; or E. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 17 1 P..F ° 5-.F '^% SECTION 3: SCOPE OF PROJECT 3.1 Project location City of Milton - City Hall 13000 Deerfield Pkwy, Ste 107F Milton, GA 30004 Figure 3.1.1 - City Limits 3.2 General Conditions Applicable to all Contracts 1. The City of Milton (City), is seeking written proposals from qualified vendors to provide Public Works and Parks Maintenance Services for various task orders as may be defined within this RFP. Proposer should have adequate prior experience working with local governments and providing the services for which the proposer intends on submitting qualifications. 2. The City of Milton is located in the northern portion of Fulton County '� �•SPrldgs t�� ..-..•'.. '^6a s rmrig4aRt ... t Y� .' r ti. ,Park i f"•' `—yr Alpharetta Roswell F a —_J f Johns Creek Figure 3.1.1 - City Limits 3.2 General Conditions Applicable to all Contracts 1. The City of Milton (City), is seeking written proposals from qualified vendors to provide Public Works and Parks Maintenance Services for various task orders as may be defined within this RFP. Proposer should have adequate prior experience working with local governments and providing the services for which the proposer intends on submitting qualifications. 2. The City of Milton is located in the northern portion of Fulton County 18 1 and has a current population of approximately 37,547 with a total land area of 39 square miles. The City provides municipal Public Works services through a public-private partnership model and is looking for qualified vendors to provide services in the following areas: a. Right of Way Mowing b. Facilities Landscaping c. Sport Field Maintenance d. Park and Field Maintenance for Bell Memorial and Providence Park e. Right of Way Maintenance (issued separately) f. Traffic Signals(Issued separately) 3. The City currently maintains a Public Works yard in Birmingham Park behind Fire Station #43 located at 750 Hickory Flat Road. The area is not secured but may be utilized by the contractors for the storage of equipment and materials with the approval of city staff. The City is not responsible for the safety and security of any equipment or material stored at this location. 4. The Contractor shall utilize maximum safety precautions. Tools and equipment will be in a good state of repair, safe to use, and be used in the manner in which they were intended. The Contractor is required to inform all workers and concerned persons of the Material Safety Data on all products being utilized on this project. No materials or equipment will be left unattended or stored on the project site at any time. 5. The Contractor shall, during the term of this Contract, repair any damage caused to real or personal property of the City and/or its tenants, wherever situated, caused by the intentional, reckless, or negligent acts or omissions of the Contractor's officers, agents, or employees, and any subcontractors and their officers, agents, or employees, or, at the option of the City, the Contractor shall reimburse the City for the cost of repairs thereto and replacement thereof accomplished by or on behalf of the City. 6. The Contractor's personnel shall perform work in a neat and professional manner as directed by the City and in compliance with all Federal, State, and City of Milton regulations and OSHA rules and regulations shall be followed at all times. MMM 7. The Contract Documents consist of the Contract, the Proposal Forms, the Instructions to Bidders, Request for Proposals, all Addendum(s) issued prior to execution of this Contract, these General Conditions, and the Scope of Work. Together, these documents comprise the Contract and all the documents are fully a part of the Contract as if attached to the Contract or repeated therein. Precedence of the Contract Documents shall be as follows: (i) addendum(s) to the Contract Documents, (ii) the Contract, (iii) the General Conditions (iv) the Proposal Forms, (v) the Instructions to Bidders, (vi) the Scope of Work,. and (vii) the Request. 8. The Contractor's field employees will wear identifiable uniforms and appropriate safety equipment while performing services outlined in this RFP. 9. Include any additional products and/or services available that the vendor currently offers in their normal course of business that is not included in the scope of this RFP that you think will enhance and add value to the product. 10. In computing any period of time established under this contract, except as may be otherwise specified, when referring to a period of time of ten (10) days or less the word "days" means business days (excluding City holidays), and when referring to a period of time of more than ten (10) days means calendar days. [See individual contract scopes (A, B, C and D) on the following pages] 20 Contract A: Right of Way Mowing A. General Requirements. 1. The grass cutting program will consist of the following activities: Right - of -Way (ROW), paved and gravel roads, and pastures. In each instance, the following will be required: a. ROW cutting will be defined as horizontal and vertical. i. The vertical component expectation is to match vertical to horizontal when necessary so as to increase sight visibility above grade. ii. The vertical component is mostly associated to sight visibility issues, tree limbs or shrubs encroaching into the roadway especially in and around inside curve radii. (Not to exceed 8 miles annually). iii. The vertical component may be necessary only once per season. b. Mowing Complete will be left uniform in appearance after mowers have passed. c. Clean up all debris, trash and litter, before and/or after mowing for proper disposal in accordance with local, state and federal regulations. Contractor may utilize the 30cy dumpster at the Public Works yard. d. Trimming around all roadside obstacles, i.e. sign posts, fire hydrants, traffic control boxes, guardrail etc., within the right-of- way. e. Tractors will have a road gear > 19 MPH and zero turn type mowers will be transported vs. driving in roadway. 2. Contractor shall include with the monthly invoice a monthly cost summary and cost breakdown of each work order in a format approved by the City. 3. The Contractor shall provide a communication link to include (Voice, Text, and Email) for all essential crews, to provide communication between the crews and the city representative. This contact information will be provided to the city representative. 21 1 P.F 4. All debris removed in the execution of any work order or project shall be properly disposed of in accordance with all applicable local, state and federal regulation. Debris returned to the yard area for disposal shall be transferred to the provided 30 cubic yard dumpster immediately. If any question arises about disposal it will be the Contractor responsibility to notify the City for instructions. Scattering or wasting debris along the right of way or edge of wood lines will not be permitted without prior approval. 5. The Contractor shall maintain adequate traffic control for in conformance with current GDOT and MUTCD standards Part 6 - Temporary Traffic Control while performing all maintenance tasks that require work in the right of way. The Contractor shall provide all personal protection equipment for all employees. 6. Contractor shall appoint a Project Lead to attend weekly staff meetings during mowing season. The Project Lead will be held responsible for quality control of his/her work force. The City will run random Q/C checks on work order completion quality. Any work order that has not been completed or deemed acceptable to the City shall be rejected by the City and shall not be closed until completed to the satisfaction of the City. Project Lead shall notify the City of roads to be mowed in the upcoming week, and work completed in the prior week. 7. The Contractor will notify the City representative of any rotation of crew members a minimum of one (1) week prior any rotation. The rotation of certified staff with non -certified staff will not be permitted. Key staff members, as identified in the contract documents, may only be replaced as outlined in those documents. The City reserves the right to require the replacement of any team members that the City determines do not meet the minimum educational, training or experience standards expected by the industry or by their actions and demeanor have failed to display the character and professionalism required by the City. 8. The Project Manager shall be available, as reasonably required, to be on-site during necessary times. Such times shall be discussed between the Project Manager and the City, but the final required times will be at the City's discretion. 22 1 - 9. In the event that the designated Project Manager terminates employment with the Contractor, or is requested by the City to be removed from the role of Project Manager, the position shall be assumed by an individual with equivalent qualifications, experience, and knowledge. Such replacement shall require the City's prior approval. 10. The Contractor shall be solely and completely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to all employees on the work site and other persons including, but not limited to, the general public who may be affected thereby. 11. The Contractor shall not replace the approved Project Manager without written approval of the City, which approval will not be unreasonably withheld. B. Right -of -Way (ROW) Mowing 1. Paved Roadway (62 centerline miles) - Mow and trim the entire area horizontally, and in some areas vertically, from curb or edge of pavement to right of way limit (approx. 12' to 20' from edge of pavement) or to natural tree line if applicable, that is not currently being maintained by adjacent landowners. 2. Trim vegetation to a height less than six (6) inches within the Mowing Limits that are inaccessible by Tractor/Zero Turn Mowing. This includes trimming in front of, behind, under or around, and beyond roadside obstacles, landscape beds, established/planted trees, shrubs or areas that provide an attractive appearance and difficult terrain areas. 3. Trim vegetation located at, under, or near bridge structures including bridge end rolls and riprap areas within the right of way. a. Trim all vegetation under and around trees greater than three (3) inches caliper (4-1/2 feet above ground) that exists around bridges. 23 b. Trim vegetation on bridge ends and bridge end rolls to the right of way or natural tree line. If trees exist within fifteen (15) feet around or adjacent to the bridge; trim vegetation under and around the trees, or as directed by the City. Continue trimming down slope or upslope to meet the Mowing Limits 4. Gravel Roadway (13 centerline miles) - Mow and trim the entire area from edge of road to ROW limit (approx. 10' from edge of road) that is not currently being maintained by adjacent landowners. Contractor shall remove all debris that would be scattered from cutting. 5. Mowing operations will begin on or about April 1 of each year and end on or about October 20 of each year. Begin mowing for each cycle on the first day of the month or on a date approved by the City and complete each cycle by the 20th of the same month. Complete a Mowing Cycle without interruption and before beginning a new Mowing Cycle. 6. Where trails, sidewalk or curb and gutter exist outside of established subdivisions the Contractor shall ensure those areas are edged and maintained. C. Pasture and Pocket Park Cutting Contractor shall be responsible for pasture cutting in Birmingham Park (approx. 15.5 acres), Pocket Park North (approx. 1 acre), Pocket Park West (approx. 2 acres) and the undeveloped Public Safety Property (approx. 1.5 acres). The Public Safety Property is anticipated to be developed in 2019 and dropped from this program at that time. This activity shall be coordinated with a Public Works Representative prior to commencement. Properties identified in these section shall be cut a minimum of twice per year in May and September unless otherwise instructed. Additional cuts requested by the City shall be charged at the rate established on the bid sheets. D. Roads to be Mowed Table A.1. Paved Roads ROAD NAME FROM TO LENGTH IN MILES Batesville Road Birmin ham Highway Cherokee Counfy Line 1.28 24 1 Bethany Bend Ho ewell Road Co burn Rd. 1.07 Bethany Bend Co burn Road SR9 Cumming Hwy. 0.42 Bethany Bend SR9 Cumming Hwy. Morris Rd. 1.37 Bethany Road Mayfield Road Haygood Road 1.50 Bethany Way Haygood Road Ho ewell Road 0.68 Birmingham Road SR372 Freemanville Road 0.73 Birmingham Road Birmin ham Highway Ho ewell Road 1.97 Broadwell Road Crabapple Road Rucker Road 0.35 Charlotte Road Mayfield Road Mid Broadwell Road 0.23 Co burn Road Webb Road Bethany Bend 1.41 Co burn Road Bethany Bend Francis Road 1.34 Cox Road SR140 King Road 0.69 Deerfield Parkway Cumming Highway Webb Road 0.75 Deerfield Parkway Webb Road Alpharetta City Limits 0.91 Dinsmore Road Freemanville Road Thompson Road 1.70 Dorris Road Providence Road Birmingham Highway 1.30 Ebenezer Road Varies 0.22 Francis Road Co burn Road Forsyth County Line 1.54 Freemanville Road Providence Road Mayfield Road 1.74 Freemanville Road Birmin ham Road Providence Road 3.48 Freemanville Road Birmingham Road Mountain Road 2.05 Green Road Arnold Mill Road Crabapple Road 0.50 Hamb Road Ho ewell Road Forsyth County Line 1.25 Haygood Road Redd Road Bethany Road 0.49 Henderson Road Birmingham Road Freemanville Road 1.26 Hickory Flat Road Birmin ham Highway Cherokee County Line 1.31 Ho ewell Road Co burn Road Alpharetta City Limits 3.67 Ho ewell Road Co burn Road Phillips Rd. 4.00 King Road Varies 0.38 Liberty Grove Road 200' east of Traffic Circle SR 372 (Birmingham Highway) 0.37 Lively Rd. Longstreet Road Forsyth County Line 0.28 Longstreet Road Ho ewell Road Forsyth County Line 1.02 Mayfield Road Birmingham Highway Alpharetta City Limits 0.80 McGinnis Ferry Rd. SS EB Morris Road Georgia 400 0.64 Mid -Broadwell Road Crabapple Road Charlotte Drive 0.35 Morris Road Deerfield Parkway Webb Road 0.78 Morris Road Webb Road McGinnis Ferry Road 0.56 Mountain Road Ho eweli Road Freemanville Road 1.64 New Bullpen Road Birmingham Highway Cherokee Counfy Line 0.78 New Providence Road Birmingham Highway Arnold Mill Road 3.58 Phillips Road Ho ewell Road Mountain Road 0.60 Providence Road Birmingham Highway Freemanville Road 0.67 Providence Road Freemanville Road Bethany Road 0.98 Providence Road Bethany Bend Alpharetta City Limits 1.29 Ranchette Road Arnold Mill Road Providence Road 0.60 Redd Road Ho ewell Road Freemanville Road 1.11 Taylor Road Batesville Road Birmingham Highway 1.47 Thompson Road Ho ewell Road Redd Road 2.40 Thompson Road Hopewell Road Francis Road 1.86 Webb Road Alpharetta City Limits Co burn/Windward 0.08 Webb Road Co burn/Windward SR9 Cumming Hwy. 0.46 Webb Road SR9 Cumming Hwy. Deerfield Pkwy. 0.40 Webb Road Deerfield Pkwy. Morris Rd. 0.26 Total Mileage Paved Roads 62.57 25 1 Table A.2. Gravel Roads ROAD NAME FROM TO LENGTH IN MILES Black Oak Rd. Ho ewell Road Dead end 0.28 Brittle Road Redd Road Haygood Road 0.78 Burgess Circle Ho ewell Road Thompson Road 0.04 Burgess Drive Burgess Circle Dead End 0.35 Christo hers Run Thompson Rd. Dead End 0.41 Clarity Rd. Hickory Flat Rd. Cherokee Co. Line 0.36 Cowart Rd. Summit Rd. Dead End 0.07 Darby Rd. Hickory Flat Rd. Rowe Rd. 0.55 Day Rd. Birmingham Rd. Dead End 0.10 Holly Rd. SR140 Dead End 0.29 King Circle King Rd. Dead end 0.36 Knox Hill Drive Birmingham H SR 372 Dead End 0.25 Lackey Rd SR9 City of Roswell 0.53 Land Rd. Ho ewell Road Lon street Rd 0.34 Landrum Road Freemanville Road Birmingham H SR. 372 0.57 Lively Road Lon street Road Forsyth County Line 0.18 Louis Rd. Freemanville Road Dead End 0.13 Nix Road Freemanville Road Birmingham H SR. 372 0.92 Old Co burn Road Co burn Road Dead End 0.16 Old Dorris Rd. Birmingham H SR 372 Dead End 0.10 Old Henderson Rd. Henderson Rd. Henderson Rd. 0.30 Old Holly Rd. SR 140 Dead End 0.10 Phillips Circle Freemanville Road Freemanville Road 0.71 Rowe Rd. Hickory Flat Rd. Dead End 0.70 Simmons Hill Road Birmingham H SR 372 Dead End 0.14 Springs Falls Rd. Birmingham H SR 372 Dead End 0.13 Summit Road Brittle Road Freemanville Road 0.82 Sweet Apple Rd. SR9 Ebenezer Rd. 0.46 Westbrook Road Mountain Road Cherokee Co. Line 0.25 Westbrook Road Mountain Road Ho ewell Road 1.30 Wood Road Phillips Circle Birmingham H SR 372 1.42 Total Mileage Gravel 13.10 Roads E. Pricing for Grass Cuffing Provide line item costs in accordance with the requirements of Section 5. Prices shall be all inclusive with labor, material, and expenses. Contracts B — D Intentionally Omitted 67 1 SECTION 4: OFFEROR QUALIFICATIONS 4.0 CITY'S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the offeror to provide the supplies and/or perform the services specified. 4.1 OFFEROR 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. SECTIONS: COST PROPOSAL HOME OF' - -M LT 0 N ESTABLISH Ell 2006 MUST BE RETURNED WITH PROPOSAL One (1) original and five (5) copies shall be submitted in a separate, sealed envelope before the required deadline. The offerors cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5. The undersigned bidder, having familiarized themselves with the work required by the RFP, the bid 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 Price Print Total Price in Words Print/Type Company Name Here: Authorized Signature Print/Type Name Print/Type Title ate 69 Contract A Pricing: Right of Way Mowing Costs should include all labor, materials and equipment necessary to provide the item listed. Right of Way Mowing Supplemental Costs: LS Item Cost Unit Additional Right of Way Mowing Per Mile Additional Vertical Mowing Per Mile Additional Pasture/Open Area Cutting Per Acre 70 1 - - Contract B Pricing: Facility landscaping Costs should include all labor, materials and equipment necessary to provide the item listed. Facility Location Size Annualized Cost Bethwell Community Center 2695 Hopewell Road 1 ac Broadwell Pavilion 12615 Broadwell 0.5 ac Road Thomas S. Byrd House 15690 Hopewell 2 ac Road Freedom park 13200 Deerfield 1.5 ac Parkway City Hall (Opening April 2017) 2006 Heritage Walk 2.5 ac in Crabapple Roundabouts Hopewell Francis Cogburn Intersection Hopewell Birmingham Intersection Providence Road Birmingham Hwy Intersection Crabapple Road at Heritage Walk* Intersection Birmingham Highway at Heritage Walk* Intersection Medians Cogburn Road 320 If Heritage Walk * 1,410 If Deerfield Parkway 3,400 If Webb Road 270 If [Supplemental Costs on the Following Pagel 71 1 Supplemental Costs: Crew costs should also include all labor, vehicles and equipment necessary to provide standard services outlined in this scope. Manpower rates should be burden rates that include all non -direct costs including taxes, benefits, back office support, project management, communication, transportation, training, equipment, etc... Item Cost Unit General Maintenance Per Crew Hour Landscape Design and Planning Per Hour Stump Grinding Per Hour Hardwood Mulch Installed CY Pine Straw Installed Bale Hardscape Pressure Washing Per Hour 72 Contract C Pricing: Sport Field Maintenance Costs should include all labor, materials and equipment necessary to provide the item listed. Facility Location Area acres Annualized Cost Birmingham Falls Elementary 12775 Birmingham Highway 1.95 Cogburn Woods Elementary 13080 Cogburn Road 0.97 Per Hour Friendship Community Park 12875 Birmingham Highway 2.25 Pine Straw Installed Hopewell Middle School 13060 Cogburn Road 2.12 Northwestern Middle School TI2805 Birmingham Road 4.36 Supplemental Costs: Crew costs should also include all labor, vehicles and equipment necessary to provide standard services outlined in this scope. Manpower rates should be burden rates that include all non -direct costs including taxes, benefits, back office support, project management, communication, transportation, training, equipment, etc... Item Cost Unit General Maintenance Per Crew Hour Landscape Design and Planning Per Hour Stump Grinding Per Hour Hardwood Mulch Installed CY Pine Straw Installed Bale Hardscape Pressure Washing Per Hour 73 1 Contract D Pricing: Park and Field Maintenance for Bell Memorial Park and Providence Park Costs should include all labor, materials and equipment necessary to provide the item listed. Facility Location Area (acres) Annualized Cost Bell Memorial Park 750 Bell Park Drive 36 Providence Park 13440 Providence Park 42 Per Hour Hardwood Mulch Installed Drive CY Pine Straw Installed Supplemental Costs: Crew costs should also include all labor, vehicles and equipment necessary to provide standard services outlined in this scope. Manpower rates should be burden rates that include all non -direct costs including taxes, benefits, back office support, project management, communication, transportation, training, equipment, etc... Item Cost Unit General Maintenance Per Crew Hour Landscape Design and Planning Per Hour Stump Grinding Per Hour Hardwood Mulch Installed CY Pine Straw Installed Bale Hardscape Pressure Washing Per Hour 74 1 SECTION 6: EVALUATION CRITERIA 6.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the offers according to the following criteria: • A selection team for the City will initially evaluate and score all technical proposals received. • Proposals not meeting the minimum technical requirements and those who are non-responsive will not be considered. • Cost Proposals will be reviewed after the technical review process. The City reserves the right to award the contract to the most responsible and responsive Bidder(s) that the City determines is the most advantageous with price and other factors being considered. Proposal Evaluation Criteria Work Plan 35 pts. Staffing Plan Team Member Resumes Available Equipment Response capabilities Company History and Capability 25pts. Experience with similar projects Company Stability Training Plans Safety Plans References 25 pts. Results of reference checks (Contractors' reputation) Level, quality and type of client technical assistance provided Cost Proposal 15 pts. Must be submitted in a separate sealed envelope 75 1 - SECTION 7: STANDARD CONTRACT INFORMATION 7.0 STANDARD CONTRACT The City's standard contract is attached to this document as Appendix A. Offerors should notify the City of any terms within the standard contract that either preclude them from responding to the RFP or add unnecessary cost. This notification must be made by the deadline for receipt of written/e-mailed questions or with the offeror'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 offeror at the time of contract negotiation. 7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the offeror'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 A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring offeror. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. 7.2 SUBCONTRACTORS The highest scoring offeror will be the prime consultant if a contract is awarded and shall be responsible, in total, for all work of any subcontractors. All subcontractors, if any, must be listed in the proposal. The City reserves the right to approve all subcontractors. The Consultant shall be responsible to the City for the acts and omissions of all subcontractors or agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by the Consultant. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this 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 Consultant is required to supply the City of Milton with proof of compliance with the Workers' Compensation Act while performing work for the City. Neither the Consultant nor its employees are employees of the City. The proof of 76 1 - - - 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 Consultant must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or subcontracting by the Consultant subjects subcontractors to the some provision. The Consultant agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 7.6 CONTRACT TERMINATION See sample contract. Sample Contract Intentionally Omitted HOME OF L-SI-AftLIS[ EDZOOM ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 16-PW10 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite 107F Milton, GA 30004 Phone: 678-242-2507 Fax: 678-242-2499 Email: honor. motes@cityofmiltonga. us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL ADDRESS: Signature ADDENDUM #1 Date RFP 16 -PW 10 — Addendum 9 1 ADDENDUM #1 RFP 16-PW10 IMPORTANT NOTICE ********DUE DATE EXTENDED******** New due date October 18, 2016, 2:00pm Amendments: Revised schedule: Addendum #2 Issued (answers to questions) - on or about Sept. 30, 2016 Bid Submittals Due - October 18, 2016 at 2:00 p.m. RFP 16 -PW 10 — Addendum # 1 M I LJ -0 N *r ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #2 RFP 16-PW10 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite 107F Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@citvofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: PHONE: EMAIL ADDRESS: Signature ADDENDUM #2 STATE: ZIP: FAX: Date l�Paae FP 1 6 -?'N 10-Aucer,dum #2 ADDENDUM #2 RFP 16-PW10 This Addendum forms a part of the contract documents and modifies the original RFP documents as noted below: Contract D: Park and Field Maintenance for Bell Memorial Park and Providence Park is amended to add custodial services for the concession building. Materials necessary to complete this activity are considered incidental to the work and should be included in the price. Contractor shall inspect and clean the concession facility on a daily basis. Activities include, but may not be limited those outlined in the following table. Area Requirements Frequency Restrooms Empty Trash (replace liners as needed Twice per day Wipe down doorknobs and signs Dail Sweep/mopSweep/mop floors Dail Spot clean wall/doors/partitions/frames, switches Daily Clean/disinfect all fixtures Dail Clean/Shine Mirrors Dail Clean/Fill all Dispensers Dail Dust all horizontal surfaces Dail Clean/Disinfect changing tables Dail Checkli htin Dail (replace bulbs as needed Conference Room Inspect Dail Sweep/mopSweep/mop floors Weekly Spot clean walls and doors Weekly Dust all horizontal surfaces Weekly Clean windows inside and outside Monthly Check lighting Dail (replace bulbs as needed Janitorial Area Organize and maintain Dail Sweep and mop floors Weekly Check -lighting Daily e lace bulbs as needed Questions and City of Milton Answers 1. In the RFP, none of the contracts discuss building maintenance and/or janitorial duties. Who is responsible for cleaning the bathrooms, changing light bulbs, unclogging toilets, etc.? The current contractor is required to clean the inside facilities at Bell Memorial Park, The Thomas S. Byrd House, Broadwell Pavilion, and the Bethwell Community Center? Answer: Custodial services for the Bell Memorial Park Concession Building have been added as part of this addendum. Other facilities will be released in a separate RFP. 2. It specifies that the 30 yd dumpster can be utilized at the PW lay down yard. It appears that dumpster is being paid for out of another contract_ Will that contractor allow an unforeseen amount of trash to be added to his fees by a potentially separate contractor? Answer: Yes, the City pays all fees associated with the disposal of material in that dumpster. 3. Are you requiring the gravel roadways to now be cut once per month? And if so, does this include both vertical and horizontal cutting? Answer: Horizontal mowing once per month and vertical mowing once per year unless we have to respond to a safety issue that requires additional mowing. 4. Are the pesticide and herbicide materials that will be used in the r -o -w, round -a -bouts, and common areas in the parks pass through materials? Answer: No. The contractor shall determine the amount and frequency of use of these materials based on standard industry practice. 5. Is there a seasonal planting plan for the round -a -bouts and any other areas that will get seasonal plantings as to gauge the necessary manpower? Answer: The contractor will be expected to assist the City in the selection of material and the City will treat the purchase of the material as a pass though expense. For the purpose of this proposal the contractor should assume 5 days worth of 2 -man crew labor per year for the installation of seasonal color at various locations. Additional hours that may be required and would be billed at the General Maintenance Hourly rate provided on the supplemental cost sheet. 6. Will the mulch and pine straw used be a pass through expense? If not is there a measurement of what would be required to be put out annually? Answer: Except where specifically required in Bell Memorial Park, the mulch and pine straw would be a pass through expense. 7. Will the City furnish plant fertilizer for the bed plants? Answer: No. The contractor shall determine the amount and frequency of use of these materials based on standard industry practice. 31 -. 8. Is the contractor responsible for just oversight of plant watering or are they responsible to pay for and furnish the equipment as well? Answer: For those facilities that are not irrigated - Byrd House, Bethwell House, medians and roundabouts - the contractor shall provide for watering only on an as - needed basis. The contractor may utilize hose bibs at the Byrd House and Bethwell House for watering purposes. The contractor shall provide all of the equipment necessary. All other facilities are irrigated and the City intends on installing an irrigation system at the Broadwell Pavilion. 9. Can the some field drag be used for the IGA fields as well as the Bell Memorial Park fields? Answer: Yes. 10. Who is responsible to pay for the top dressing sand after each aeration? Will the City pay for materials and the contractor is just responsible to put it out? Answer: The top dressing will be a pass through cost paid by the City. 11. Is the seed for over seeding a pass through expense? Answer: Yes. 12. It appears you want the IGA fields cut with rotary mowers, but Bell Memorial Fields are to be cut with reel mowers. Is this correct? Answer: Yes. The contractor may use reel mowers on the IGA fields, but it is not required. Any mower used to cut the fields, either rotary or reel, may only be used on the fields to reduce the risk of contamination of the fields with unwanted vegetation. 13. What type of other "general maintenance" issue does the City expect to occur that the contractor will be responsible for? This is a very open ended statement? Answer: As is stated in Section A, Item 4 this contractor shall serve as the primary crew for the day to day operations of these parks and the selected contractor should be prepared to assist the City in resolving any issue that might come up. Materials outside of those identified in this scope as being the responsibility of the contractor shall be a pass through cost to the City. Any work not identified in this scope that requires a state licensed contractor shall be paid for separately by the City. 14. The RFP says the contractor is to provide supplies and materials for the performance of work. Will consumables such as trash bags, dog waste bags, cleaning supplies, etc. be pass through materials? If not is there a known quantity of these types of materials that will be necessary? Answer: Refer to Section A. General Requirements, Item 5. 15. What type of coverage will be required for the 5 additional events? Is there a number of staff and type of equipment that will be necessary to cover these events? 4� Answer: As provided in that section, the coverage for the special events shall be the some as a normal weekend day during the typically active season. These events typically occur on both Saturday and Sunday. 16. Will we be allowed to spray fence lines to limit weed eating that would be necessary? And if so, would the chemical used be a pass through item? Answer: Spraying of fence lines would be acceptable at the direction of the City. All chemicals would be incidental to the work and should be included in the cost of the service. 17. Will the City pay for infield clay/sand mix, paint, chalk, base plugs, bases, etc.? Or any other necessary materials for the fields? Answer: The City will provide the infield sand/clay mix and fixed assets - bases, base plugs, etc... Paint, chalk and other materials specified in the RFP that are necessary for the operation of the fields shall be provided by the contractor. 18. For the park and parking lot mulch, it states that the contractor is to provide and install the mulch at least once per year. Is the mulch material cost a pass through item? If not, does the City have a known quantity that is necessary to cover all the beds? Answer: Refer to Contract D, Section N. Parking Lot and Plaza Maintenance, Item 4 which states that the contractor is to determine the amount of mulch needed, and provide and install the mulch one time per year as part of this scope of work. 19. Is there a defined area at Providence Park to be cut and/or bush hogged? Answer: There is a 0.6 acre field between the abandoned building and the lake that should be bush hogged. 20. Once this area is determined what would the frequency of cutting be? 51 lag 2F�16-PV�110-P,Gdendum #2 Answer: Twice per year. 21. How often will the required 6 cy dumpsters be required to be dumped at Bell Memorial Park? Answer: Weekly 22. Are there any payment or performance bonds attached to these contracts? Answer. There are no bonds required for any of the contracts issued under RFP 16 - PW 10. 23. Can the termination clause (7 -days) be changed, to a 30 or 60 day termination? This is a large contract and with the investment made, would there be the opportunity to negotiate or change this with the awarded contract company? Answer: Yes, it is possible to change that provision to a maximum 30 day notice and that will be discussed with the selected contractor. 24. Concerning the copies required for the proposal's there is a request for a 'CD'. Is it alright to put this on a more reliable source, such as a 'Flash Drive'? Answer: Yes 25. Page 2],Section A -General Requirements, item 6. Are there any exceptions to the requirement for a project lead attending weekly staff meetings? e.g., are there any provisions for conference call via skype or similar type service in lieu of physical presence? Answer: The intent is to provide close coordination between the City's administrative staff and the field crews. The contractor is required to have the highest ranking employee that is capable of making decisions on behalf of the contractor attend the meeting each week. Conferencing methods such as skype may be used in extraordinary cases or may be used for the contractor's administrative personnel. 26. What is the page limit of responding for a Multiple Contact Bid? Each Task Order is max 20 pages. Answer: If you are responding to multiple contract the maximum limit is 20 pages per contract. 27. The city provides storage space but it's not secured. Can we put sea containers, sheds, or an office trailer in the storage area indicated in the RFP to secure equipment, supplies, or house an office? Answer: The contractor may utilize the public works yard behind fire station 43 located at 750 Hickory Fiat Road. The contractor would be responsible for providing and paying for any utility requirements. This is a storage yard only and no water or sanitary sewer is available. 6� 28. A Multiple Contract Bid can be submitted, what type of format is required for the price break down for a multiple contract price. Is only Page 68 sufficient for an alternate bid submission? Answer: If the contractor is proposing pricing that is contingent on being awarded multiple contracts then that should be clearly noted on the submittal and it will be considered as such. If the pricing is not contingent on the award of multiple contracts then submit the pricing sheets as normal and include in the proposal documents your qualifications for each contract. Unless specifically noted that the submittal is contingent on the award of multiple contracts the City may select the most qualified contractor for each contract in accordance with Section 6. 29. If preparing Multiple Contract Bid can we combined schedules/ crews/ teams from each task order to be complete/ use in tandem? Answer: Yes, as long as the time requirements specified in documents can be met. 30. Is there "Artificial Turf' as part of the field maintenance (in all areas turf is mentioned) or only Bermuda Grass and Rye Grass. Answer: There are two rectangular artificial turf fields Bell Memorial Park. Maintenance requirements are provided in Section M. Rectangular Athletic Field Maintenance. 31. Can a Multiple Contract Bid include RFP 16 -PW 10 and RFP16-PW 1 1 for qualifications and with the final price? Answer: Because of the nature of the contracts, one being a proposal and the other a qualified low bid, they should be considered separately. 32. Can we include subcontractors in our teaming effort? Answer: Yes 7� EXHIBIT `B" HOME OF E.SIARLISHEL? 200b CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: RFP Title: RFP16-PW10 I Public Works and Parks Maintenance Services Due Date and Time: October 11, 2016 Number of Pages: 106 Local Time: 2:00pm ISSUING DEPARTMENT INFORMATION Issue Date: August 18, 2016 City of Milton Phone: 678-242-2500 Public Works Fax: 678-242-2499 13000 Deerfield Pkwy, Ste107F Website: www.cityofr-niiltonga.us Milton, Ga. 30004 Deadline for Written Questions INSTRUCTIONS TO OFFERORS Return Proposal to: Mark Face of Envelope/Package: NGL & Erosion Control Group, LLC RFP Number: RFP16-PW10 City of Milton Name of Company or Firm Special Instructions: Aft n: Honor Motes, Purchasing Office Deadline for Written Questions 13000 Deerfield Pkwy, Ste 107F September 22, 2016 Milton, Ga. 30004 Email questions to Honor Motes at 46-4403002 honor.motes@cityofmiltonga_us OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE IMPORTANT: SEE STANDARD TERMS AND CONDITIONS OFFERORS MUST COMPLETE THE FOLLOWING Offeror Name/Address: Authorized Offeror Signatory: NGL & Erosion Control Group, LLC �( {- c-1 `Jt J o' 624 Atlanta Hwy. NW W Iv/ase Winder, GA 30680 rint name and sign in ink Offeror Phone Number: Offeror FAX Number: (770) 586-0372 (770) 586-0377 Offeror Federal I.D. Number: Offeror E-mail Address: 46-4403002 nglerosion@gmail.com OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE youalb2012 �s PHONE: 678.242.2500 FAX: 678.242.2499 'ACE :" s ;l:crureJ I � 4klNAER info@cityofmiltonga.us I www.cityofmiltonga.us �:, omu it 13000 Deerfield Parkway, Suite 107 1 Ahi.lon GA 30004 NGL & Erosion Control Group, LLC 624 Atlanta Hwy, NW Winder, GA 30680 (770) 586-0372 City of Milton Required Documents IUS�:�'��i�1 HOME OF FS VA L, L I S I I L D 2000 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 16-PW10 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite 107F Milton, GA 30004 Phone: 678-242-2507 Fax: 678-242-2499 Email: honor. motes@cityofrniiton a.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: NGL & Erosion Control Group, LLC CONTACT PERSON: James Scott ADDRESS: 624 Atlanta Hwy. NW CITY: Winder PHONE: (770) 586-0372 STATE: Georgia ZIP: 30680 FAX: (770) 586-0377 EM L RESS: nglerosion@gmail.com Si , n Lure Date ADDENDUM #1 RFP 16 -PW 10 - Addendum 1 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #2 RFP I6-PW10 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite 107F Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: NGL & Erosion Control Group, LLC CONTACT PERSON: James Scoff ADDRESS: 624 Atlanta Hwy. NW CITY: Winder STATE: Georgia Zip: 30680 PHONE: -(770) 586-0372 FAX: J770) 586-0377 EMAIL ADDRESS: nglerosion@gmaii.com i nature Date e AD'EN�DUM #2 NGL & Erosion Control Group, LLC 624 Atlanta Hwy. NW Winder, GA 30680 (770)586-0372 Response to RFP 16-PW10 "Contract B: Facilities Maintenance" Submitted Contents Intentionally omitted 41 _ - HO,,gE OF, 44 i `y ESTABLISH ED 2006 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH RESPONSE This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Offeror NGL & Erosion Control Group, LLC 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 cori'bution has been made in the past two (2) years.) N/A List the dollar amo t/value and description of each campaign contribution made over the past two ( years by the Applicant/Opponent to the named Milton Official. Amount/Value \ Description Please list any family member that is currently (or has b\employed within the last 12 months) by the City of Milton and your relation: UonA = OF Y n ESTAhLISF1ED 2006 RFP# 16-PW1 PROPOSAL LETTER (Bidder to sign and return with proposal:) We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP) - Public Works and Parks Maintenance Services. 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 I Print/Type Name James Scott Print/Type Company Name Here NGL & Erosion Control Group, LLC 6� STATE OF Georgia COUNTY OF Barrow HOME 02 4 t f FSTARI ISt [ED 2006 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: 191018 Federal Work Authorization User Identification Number 02/17/2009 Date of Authorization NGL & Erosion Control Group, LLC Name of Contractor Public Works and Parks Maintenance Services Name of Project City of Milton, Georgia Name of Public Employer _ KENDRA [7. 4100RE "r QarrowCcu,! April i 4- 4 20 _ _—• 0119 I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on October, 2016 in Winder (city, eor is (state). S' n ture of Authorized Officer or Agent James Scott: Owner/CEO Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE J, DAY OF October , 20.16. Notary P646blic [NOTARY SEAL] My Commission Expires: NGLEROSION SPHII I IPC KU CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) TYPE OF INSURANCE X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR 02/0112017 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 Southern States Insurance, Inc. P.O. Box 1117 Douglasville, GA 30133 CONTACT NAME: PHONE (AIC, No, Ext): (678) 715-9513 (770) 447-0704 -EMos, service southernstatesinsurance.com) INSURERS AFFORDING COVERAGE NAIC* INSURER A: Selective Insurance Company INSURED INSURER B : NGL & Erosion Control Group, LLC 624 Atlanta Highway NW Winder, GA 30680 INSURERC : INSURERD: INSURER E : PERSONAL & ADV INJURY $ 1,000,000 INSURER F : --""' "'^'`-'•"""-'"`• KtVI51VN 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 CONTRACTOR OTHER DOCUMENT WITH RESPECTTO V,IHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR A TYPE OF INSURANCE X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR ADDL X SUBRI X POLICY NUMBER S2253888 POLICY EFF 01/20/2017 POLICY EXP 01/20/2018 LIMITS EACH OCCURRENCE $ 1'000+000 PREMISES RENTED $ 100,000 MED EXP Any one person $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY ❑ PRO- ❑ .ECr Loc Iq GENERAL AGGREGATE $ 2,000+000 PRODUCTS -COMPlOPAGG S 2,000,000 COMBINED SINGLE LIMIT 1,000,000 Ea accident $ A$ OTHER. AUTOMOBILE LIABILITY JX ANY AUTO OVVNED SCHEDULEDAUTOS ONLY AUTOSHIRED AUTOS ONLY X AUTO�ON�� X X S2253888 01/2012017 01 /20/2018 BODILY INJURY Per erson) $ BODILYINJURY(Peracddent) $ PPe�accRiden DAMAGE $ $ EACH OCCURRENCE $ 1,000+000 A X I UMBRELLA LIAB X OCCUR EXCESS LIAB CLAIMS -MADE X X S2253888 01/20/2017 01120/2018 AGGREGATE $ 1,000,000 DED I I RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN N OFFIANY CERIMIMTOREXCLUDEED_CUTIVE ❑ E g� (Mandatoryin NH) If yes. describe under DESCRIPTION OF OPERATIONS below Equipment Floater NIA S2253888 01/20/2017 01/20/2018 _ STATUTE RRH E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ 200,000 W11,000 DED. DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Job Description: RIGHT OF WAY MOWING Additional Insured and Waiver of Subrogation applies to General Liability, Auto Liability and Umbrealla Liability in favor of The City of Milton when required by written contract. City of Milton 13000 Deerfield Parkway, Suite 107F Milton, GA 30004 A r-r,on nr rnn�crnn� SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE -"— `- X"'-" �� (V 1Ut58-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY INFORMATION PAGE Insurer: United Business Insurance Company (A Mutual Captive) 350 Franklin Road Suite 330 Marietta, GA 30067 (Carrier Code: 41378) Carrier Policy #: 025000003302116 Carrier Prior Policy #: 025000003302115 NGL & Erosion Control Group LLC 624 Atlanta Hwy NW Winder, GA 30680 RENEWAL AGREEMENT PRODUCER: Agent# 9944 Laura Cole Hixon Agency 1640 Prince Avenue Athens, GA 30606 1. The Insured: Mailing Address: Other workplaces not shown above: NO OTHER WORKPLACES FOR THIS POLICY Fein: 464403002 Type of Business: Limited Liability Co Risk ID: 2. The policy period is from 12:01 a.m. on 5/30/2016 to 12:01 a.m. on 5/30/2017 at the insured's mailing address. 3. A. Workers Compensation Insurance: Part One of the policy applies to the Workers Compensation Law of the states listed 'here: GA B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed in Item 3.A. The limits of our liability under Part Two are: Bodily Injury by Accident $ 100,000 each accident Bodily Injury by Disease $ 500,000policy limit Bodily Injury by Disease $ 100,000 each employee C. Other States Insurance: GA Employees only - GA Locations only D. This policy includes these endorsements and schedules: WCOOOOOOA(04/92) W0000114(O1/14) WC000308(04/84) WC000404(04/84) WC000406 W0000414(07/90) WC000422(O1/06) WC100402(01/13) WC100601A(04/93) 4. The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating Plans. All information_ required below is subject to verification and change by audit. Classifications Code Premium Basis No. Total Estimated Annual Remuneration SEE SCHEDULE OF OPERATIONS Total Estimated Annual Premium $ 9,366.00 Minimum Premium $ 2,000.00 Expense Constant WC 00 00 01 B Countersigned by Rate Per Estimated $10D of Annual Remuneration Premium 200.00 Deposit Premium 2,332.00 P : , 7%I arrow County License / � j{''''�F �y^�^� jib' ��'�{ /�{ its and i� � i_.� ! i 1 f d� V 233 East Broad Street F='xr Winder, Georgia 30680 k I Business Name/Mailing Address: t 7. NGL & EROSION CONTROL fi5 GROUP. LLC :t ori c 624 ATLANTA HIGHWAY N -W. I I j I K: �1 7 WINDER GA 30680 a ' z Date Issued: 01;26/2016 Certificate # 2016-0707 „Expires: 12/31/2016 =z [ Business Location: -4 624 ATLANTA HIGHWAY N.W. WINDER GA 30680 r q 3 �? Business Description: * .a f1di�C 55173 I` r NAICS Describe: LANDSCAPING ,• i Amount Paid: $368.50 i y ?amu E-VeritY # .j h t Z 3 Only valid at this location and when conforms to Barrow County Ordinances, NOT TRANSFERABLE ' + ~' This Occupational Tax Certificate must be displayed at the business - Ll 'ftx7.-y4; location for public view.`'` r � I n I Y r 9 � '•)ta �„.j`j r is +.1 �� r,te�tl )p ��s� _x.;..» rr � r, i� ``°���L� � �U.:"s�i,"��,x F � _.iY�y7 v � `"� ,z d j'�"( F '• � � �1r0 `'i �. t : Y � n -! !f 11 �' �.`Y f� :4+]7..'. r,f�'kz�`t't7�"+' .�3'�'s t^�” �ld,Y'yt ��".fiV rrn;�:,•i t`` € .•t/.,,a�av,n't -z.df A F. -^s �T�4iir j t �� t• �. +„'' ". _ J' 'f^ � j' i �: s J,f l,t�ti . r• � ^t i �fxk I^5 i`" :.f1t J coyGeorgia Department o culture o fGa_y W. Black, Comm m i Rsioner NA-E Jr.Atlanta, �• A.;• .� 19 Martin Luther ?5.ing JDrive, S�, e Atlanta, Georgia 30 3 4201 ._�•�'-� Agricultural Inputs o Pesticide Section e Phone: (404)656-4958 Fax (444) 657 83x8 Ag 1776 y" Georgia Turf & Ornamental Inc Sit Undenmood Rd. Jefferson, GA 30549 The enclosed Georgia Contractors License is valid through 12/31/2016. We have updated our website. Visit ':;1yyt:eiivs ins, .c: -:i �r'. �or.r!a_tors to take a look at the new layout. There are a number of useful tools to help you manage your license, including being able to update your user information online. You can renew your license by making a secure payment by credit card, and you can find applicator recertification courses. If you have questions, check out the FAQs section. We hope you enjoy these new user-friendly features. If you have questions or concerns regarding your Contractor License, please contact: Georgia Department of Agriculture - Pesticide Section, (404) 656-4958. Gold or cut on line to display) Georgia Department of Agriculture Gary W. Black, Commissioner 19 M.L-K. Jr. Drive, SW, Room 410 Atlanta, GA 30334 Tele: (404) 656-4958 Fax: (404) 657-8378 agr.georgia.gov/pesticides.aspx 5 ..x d m )11 P :i' 1 Sus€ t �i 3 Expiration Date: License Number: 12/31/2016 16611 Georgia Turf & Ornamental Inc Categories: 512 Underwood Rd. 24; Jefferson GA 30549 This License is Not Transferable And Must Be Posted At All Times In A Prominent Location. 7 , �`i9t.5ti.44- �rT'.t' ci "k. { ..ii Pesticide Applicator License �V. Georgia Department of Agriculture 19 hIartin Luther Kind, Jr. Dr_, S.W. Atlanta, Georg a 30334 Pessbcide Applicator Licensing & Certification Tete: (404) 656-4955 F.\_\: (404) 657-8378 ag'.gcmrgia.govjp-ticid-.a. ,amu This is to attest that Mike A. Kidwell is certitled as a Commercial Applicator in the following categories: 24 Certification Daze: 10130/20`15 License Expiration Date: 10/30/2020 License Number. 14351 NGL & Erosion Control Group, LLC 624 Atlanta Hwy. NW Winder, GA 30680 (770) 586-0372 Response to RFP 16-PW10 "Contract A: Right -of -Way Mowing" NGL & Erosion Control Group, LLC 624 Atlanta 1-1.vy. NW Winder, GA 30680 (770)586-0372 Corporate Background and Qualifications: NGL & Erosion Control Group, LLC is owned by James Scott. He has 13 prior years of experience in the landscaping industry. He studied at Ogeechee Technical and Georgia Southern majoring in Horticulture. Mr. Scott has established a strong team of very dedicated employees who have a total of 60 plus years of experience in the landscape and plant industry. Kendra Moore CFO manages all office procedures. She is also the head superintendent and is responsible for identifying new business, implementing marketing activities, and processing contracts. The company offers a service of complete grounds maintenance catered to the special needs of government contracts. We service both small and large acreage sites that include mowing, trimming, blowing, plant and sod installation, fertilizer and weed control management programs, pest management, tree planting and removal, design of beds, irrigation, right-of-way mowing, and any special requests that may arise. NGL & Erosion Control Group also has access to all landscape materials to include seed ,fertilizers, pine straw, mulch, plants, herbicides, pesticides, landscape materials, soils and soil amendments, and any other horticulture needs through its sister companies, NGL Mulch & Supply Company & Georgia Turf & Ornamentals, which is owned and operated by Mr. Scott and Kendra Moore. The City of Milton can utilize NGL Mulch & Supply for discounted pricing on landscape materials. Our office location is fully equipped with a complete maintenance shop and full time mechanic, who keeps all of our equipment serviced on a weekly basis and running at peak performance. if we have experience major mechanical failure, we have access through our local John Deere dealer for use of loaner equipment while ours is down; this ensures there is no down time due to equipment failure. We lease disposal containers from Republic Waste to discard any materials approved for disposal in landfills. Oil and other contaminants are disposed of or recycled according to EPA Standards. Today the business services 12 large government contract accounts, 7 small business accounts, and the services include: landscaping and design, lawn care and maintenance, right of way mowing, turf management, pest NGL & Erosion Control Group, LLC 624 Atlanta I Iwv. N W Winder, GA 30680 (770)586-0372 control, tree & shrub maintenance and removal; plant and sod installation and irrigation maintenance The success of the company has been a direct result of our ability to provide personal service at a competitive rate; thus creating a dedicated customer base. These contracts include and have included: Gwinnett County Parks, Gwinnett County Libraries, Gwinnett County DOT, Gwinnett County Police Stations and Training Facilities, Gwinnett County Municipal Locations, City of Monroe Municipal Locations, City of Milledgeville Municipal Locations, Central Georgia Technical Colleges (4) Campus locations along with Public Housing Authorities and other State and Local Government Contracts. The sizes of these account locations range in size from median islands to 300+ acres. On average the sizes are 10-30 acres of grounds maintenance, turf management, maintenance of plant islands and beds, planting of annuals, mulch install, along with removal of debris and tree maintenance programs. NGL has never filed bankruptcy and has never been terminated from a project. Any and all payment and performance bonds have never had a claim against them and all contracts have been fully satisfied. We are not now, and have not been in any pending litigation in the past (5) five years. We have been renewed by our vendors for the maximum amount of terms allotted. We own all of our equipment and Deet of trucks and trailers with no encumbrances on them, which allows us to adjust our pricing to clients due to lower overhead cost. Under Mr. Scott's management, a strong team of very dedicated people who take pride in their work has been formed. Mr. Scott has set up an incentive plan for his employees. This system rewards them for outstanding service preformed, based on year-end survey results, or when contracts are renewed. NGL makes it a priority to ensure that all employees are notified of any changes in safety and operating guidelines, and stay up to date on any new invasive plants and insects in the area. This ensures that we stay one step ahead of any pests that may pop up. There are seven supervisors that manage the accounts. They also detennine staffing and equipment needed to maintain their account, along with any special needs request that may arise. The remainder of the employees are full-time workers; numbering from 28 to thirty-five or more, depending on the time of the year and work load. At all times, we employ (10) "on-call" employees that fill in for any employees that are ill or on vacation. All personnel are easily identifiable by uniforms; supervisors in grey and laborers in red shirts. All supervisors are also equipped with company paid cell NGI, & Erosion Control Group. LLC 624 Atlanta Hwy. NW Winder, GA 30680 (770)546-0372 phones to be reachable at any time. All employees are required to train with the owner or superintendent for a 2 - week period. *All employees receive training from the President and the Supervisor in the following areas: Given by the President: a. Company policies and procedures regarding the customers and company standards b. Landscaping orientation at the time they are hired c. Liability and safety procedures d. Equipment care and theft policies Given by the Supervisors: a. Overview of each account assigmment b. Equipment assignment and training - operation of mowers, tools, and supplies c. Chemicals precautions Personnel Duties Responsibilities 1. President/Owner: a. Sets company policies and trains all new employees b. Solicits, interviews and hires new employees c. Assigns accounts to Supervisors d. Negotiates new and large contracts e. Approves the purchases of equipment and supplies C. Handles customer service issues that cannot be satisfied by Supervisor g. Reviews and signs all checks h. Follows up on Supervisor sales leads 2. Four Supervisors - report to President: a. Manages on average 20 government accounts and 15 small business accounts. b. Will be managing 5-10 Large Corporate accounts c. Responsible for training part-time help on account profiles and equipment d. Forecasts supplies needed for each account e. Forecasts and manages work schedules f. Conducts second round of interviews of part-timers and approves Handles account problems related to service and quality issues h. Solicits new business leads to President. i. Responsibility for inventory and equipment assigned to their team 3. Office Manager- reports to president: a. Manages account scheduling responsible for bookkeeping functions of accounts receivable and accounts payable, payroll, general ledger b. Computer Typing - 60 WPM, with software knowledge - WP/Excel/D-Base c. Takes account calls and passes to supervisors d. Performs yearly customer survey NGL & Erosion Control Group, LLC 624 Atlanta Hwy. NW Winder. GA 30680 (770)586-0372 e. Answers phone f. Dispatches and is in "beeper" contact with supervisors g. Assigns and maintains equipment for supervisors h. Processes new contracts and renewals i. Identifies new business 5. Part-time Emplovees - report to supervisor: a. Assigned to work specific accounts b. Mows, weeds, performs manual labor c. Identifies any problems d. Follows instructions from supervisor e. Manages inventory of supplies Employee Profile: All employees must be: a. Hard working and neat in appearance wearing company issued uniforms clearly identifiable b. Like working outdoors c. Good communicators d. Team workers e. Educated for full-time work with a minimum HS degree, or in College f. Able to follow directives and be a quick learner g. Dedicated to doing an outstanding job h. Responsible, regarding safety StratMY Due to the extensive experience that we. have in the landscaping industry, and right-of-way mowing, NGL completely understands that there is a different set of criteria that is required with this type of work. It is our understanding after studying the scope of work that the City of Milton wants to make their district both ecstatically pleasing and inviting for its residents and others traveling through the area. It is our goal to supply cost effective pricing, along with top grade service and materials, so that the areas shine. We are positioned to provide both mowing, trimming, and chemical services along with tree maintenance and any other services that may arise. This type project and crew has to be extremely diligent in both the safety of themselves, as well as the residents of the area. NGL will employ 7-10 persons, depending on the time of year, for the right-of-way mowing section of this RFP. The crew will consist of (7-10) persons working a total of (5) days per week. We have 20+ employees to choose from for this contract, all who have a minimum of 3 years' experience in the industry that we can utilize to provide NGL & Erosion Control Group, LLC 624 Atlanta Hwy. NW Winder. GA 30680 (770)86-0372 services. All of these employees have been with the company for at least 2 years. We have included an example of how the labor organization for this RFP will be. It is also imperative that all debris is removed before mowina to minimize any property damage to traffic. In order to provide the best quality services in a timely manner, NGL will use agricultural grade herbicides to help maintain vegetation growth around guardrails, sions, and any other hard to reach areas. These herbicides will also prohibit growth in unwanted areas, such as under bridges, and crack grass in the pavement. By spraying these areas, we will cut down the labor needed to trim. This will result in savings for the City of Milton. We have provided an anticipated service schedule. However, this schedule is subject to change. Once we are familiar with the roads and intersections, we will be able to cut down on labor time. The crew will arrive on site by 8:00 am and depart the area once the miles serviced for the day have been reached. If on any one day, we are ahead of schedule, we will begin on the set of roads scheduled for the following day. We plan to accomplish this project by assigning it to our most experienced crew who is both familiar with the area along with right-of-way maintenance mowing and the special circumstances surrounding it. With this being said, the only challenge we anticipate having, is simply getting familiar with the roads and areas in the RFP. NGL utilizes some of the best commercial landscaping equipment made. We have the following equipment available at any given time for use with this RFP: (1) 252 Bob Cat Track Skid Steer (1) John Deere 75 HP and 65 HP Tractors with 8ft. and 15 ft. bush hogs (3) 2014 John Deere 915 60 inch cuts (6) 2012 John Deere 920 60 inch cut. (4) 2010 John Deere 925 60 inch cut. (2) 2009 Hustler 72 inch cut. (2) 2015 John Deere Z930 Mulch on demand 60inch cut mowers NGL & Erosion Control Group, LLC 624 Atlanta I Iwy. N W Winder, GA 30680 (770)586-0372 (2) 2015 Gravely mulch on demand 60 inch cut commercial mowers (2) 20 L3 John Deere z 930R 60 inch commercial mousers (1) 2013 John Deere 2960 72 inch commercial mower (1) 2015 Dixie Chopper 60 inch commercial mower 1998 F 8 Series Dump Truck 2000 Isuzu NPR 2004 Ford f-350 Flat bed /w dump 2003 Ford f-350 2003 Ford f-250 2001 Dodge Ram 2006 Ford f-250 2004 Dodge 2500 2000 Ford F-450 2015 Ford F 350 2015 Ford F350 2015 Dodge 3500 2012 Dodge 1500 2012 Ford F 350 Dump Bed 2012 Horton Hauler Enclosed trailer 2009 16ft. landscape trailer 2001 16 ft. landscape trailer 2004 6x12 landscape trailer 2009 Horton Enclosed Trailer 2009 Landmark Enclosed Trailer NGL & Erosion Control Group, LLC 624 Atlanta Hay. NW Winder_ GA 30680 (770) 586-0372 2008 14 ft. Landscape Trailer 2015 Hooper Enclosed Trailer / / m 3 0 / 2 E & I \ G » g — 2 a 2 m � CL �;o / o m / 2 \ © ® M 7 0 R \ — ^ \ \ / f\ \ m�ma7- / n f ƒ 0 * / * / ° 5 0 § 0 0 \ /_ f ° < Q = 2 » © / cl-) m 7 / \ / / / » m / g \ o C / ® z o_ _ / ° 5 \ \_ 0 0 \ f / �» / / » m / g � n / 7 / / \ / / ° ® %m n = m f G=5Zr ° \ / a @ f x \ \ CD CL � \ � o / / / 2 / 0 0 o e 0 \ \ 0- » \ \ J \ ' f \ f s / / 0 = 2 \ � E \ \ / t % E / / 0 - % o / \ / \ \ -0\ / \ f ƒC- 0 Ln / g / � / _ ? 2 � 7 w $ = M = < 3 » e / \ ® ƒ o \ \ ® 0 R / 7 ƒ % / / o * 0= n g \ / (D � � \ # m Fred Mayweather Tractor Operator Steven Thompson i Mower Mason Marcum Mower Tyler Truitt Mower -TV VV) v- ,-j OuYi � nq Tcmv) Jaynes Scott President Kendra r+Aoore Head Superintendent Office Manager Rodger Sexton Jr. Head Superintendant Tractor Operator t-0 i V,d Gdc Noel Gamboa Grounds Care Kristen iecroy Grounds Care Enrique Gomez Grounds Care Ronnie Christensen Grounds Care BUSINESS CONTACT VENDOR REFERENCES Reference # 1: ADDRESS 5 LanblcY Drive ZIP Lawrencevzlte, GA .•T Kalven Burton ONE 770-317 =g47 CONTACT E-MAIL Au utce Z- - s.. ..,_..,... _� TYPE OF BUSINESS Right -of -Way Mowing PERIOD OF SERVICE 2015 -Present SVf ed Grounds Maintenance: Right -of -Way MOUring, YE^. -1, '-' Ronald Reagan Parkway control, edging, string trimming, and trash and debris removal 7.97 Miles 8-io crew members Nvorldng S hours to finish job in one day Reference #2: NAME Guriumett County DOT STREET ADDRESS '75 Langley Drive STATE, 'LIP IRUtSINESS La-aTenceville, GA. 30046 CONTACT Larry Garmon CONTACT TELEPHONE 770-822-7400 NUMBER COMPACT Y-Mt1II_AIiDiZESS yinct4cn�cr .ctm TYPE OF BUSINESS Right -of -Way Mowing PERIOD OF SERVICE 2oli-Present Right -of -Way mo -19, prunizig, weed control, edging, string Various Roads throughout trimming, and trash and debris removal Gwinnett County 284.50 Miles 7-8 crew members, (2 supervisors) work 5 days a week to complete a 6 week mowing cycle in an average of 4 weeks. Reference #3: BUSINESS NAME Gm iiuiett County DOT BUSINESS STREET ADDRESS 75 Langley Drive CITY, STATE, ZIP Lawrenceville, GA. 30046 BUSINESS CONTACT Kalven Burton CONTACT TELEPHONE 770-317-2847 NUMBER asoesbe@evermorecid.or CONTACTE-MAILADDRESS L;e rf.tColllft".c0riz TYPE OF BUSINESS Right -of -Way Mowing PERIOD OF SERVICE 2014 -Present Right -of -Way mowing, pruning, weed control, edging, string Various roads throughout the trimming, and trash and debris removal "South" portion of GANinnett 98.67 Miles County 4-6 crew members work 4 days a week to complete the 2 week mowing cycle Reference #4: BUSINESS NAME Evermore CID BUSINESS STREET ADDRESS 5525 Bermuda Rd. SW CITY STATE, 'ZIP Stone Mountain GA 30087 BUSINESS CONTACT Amanda Soesbe CONTACT TELEPHONE NUMBER 770-979-5800 CONTACT E-MAIL ADDRESS asoesbe@evermorecid.or TYPE OF BUSINESS Right -of -Way Mowing PERIOD OF SERVICE 2015-2016 Various Roads throughout the Evermore Community Improvement District Located in Stone Mountain, GA Grounds Maintenance: Right -of -Way mowing, pruning, weed control, mulching, turf management, bed management, edging, trash and debris removal, and disease/pest control. 4-6 Crew members worked 2 days a week to complete maintenance services within a monthly cycle. Janes J. Scott 401 Corbin Court I Statham, Georgia 30666 1 scoit2563(w-comcast.net 1 (706) 248-2563 OBJECTIVE To obtain new jobs within my service industry that will challenge and allow me to use my education, skills and past experiences in a way that is mutually beneficial to both myself and my company and allow for future growth and advancement. By offering quality services at competitive prices, I hope to grow my business exponentially over the next few years. EXPERIENCE Gwinnett County Government Lawrenceville, Georgia August 2008 - Present Service Contractor • My company provides complete grounds maintenance services for various locations throughout Gwinnett County. Services include, but are not limited to: mowing, edging, trimming, blowing, pruning, weed and pest control, installation jobs, mulch applications, irrigation maintenance and repair, right-of-way mowing, etc. We service all of the libraries, parks, police precincts, courthouses, and water treatment facilities. Central Georgia Technical College Warner Robbins, Georgia January 2007 - Present Service Contractor • My company provides complete grounds maintenance services for (5) of the Central Georgia Technical College's Campuses. Services include, but are not limited to: mowing, edging, trimming, blowing, pruning, weed and pest control, installation jobs, mulch applications, irrigation maintenance and repair, etc. City of Monroe Monroe, Georgia January 2010 - Present Service Contractor • My company provides complete grounds maintenance services for various locations throughout the city of Monroe. Services include, but are not limited to: mowing, edging, trimming, blowing, pruning, weed and pest control, installation jobs, mulch applications, irrigation maintenance and repair, etc. Sites include parks, water towers, cemeteries, and courthouses. City of Milledgeville Milledgeville, Georgia March 2010 - Present Service Contractor My company provides complete grounds maintenance services for various locations throughout the city of Milledgeville. Services include, but are not limited to: mowing, edging, trimming, blowing, pruning, weed and pest control, installation jobs, mulch applications, irrigation maintenance and repair, etc. Sites include parks, water tanks, cemeteries, and drainage ditches. EDUCATION Ogeechee Technical College Statesboro, Georgia June 2002 Horticulture, GPA 2.9 SKILLS • Diverse in all aspects of the landscaping industry. I have spent over 15+ years in the industry and have proven myself in all areas of the market. For the last few years, I have built up the erosion control side of my business, as well as the residential side. AFFILIATIONS NGL Mulch & Supply Georgia Turf and Ornamental References are available upon request. KENDRA ivTOORE Objectives To utilize my skill set to obtain new business ventures and contracts for my employer. Experience 2007 - Current NGL & Erosion Control Group - 62^ At!cnta H:vy. NW 1Ninder, GA 30680 (770) 586-0372 Responsible for: Locate and bid new jobs Implementing updated training and safety practices Managing 20+ employees on a daily basis Scheduling maintenance services for 7 government contracts Accounting/Payroll/Balancing Books Marketing Strategies Skills • Real Estate Agent (this makes me well versed in most areas in GA) m Leadership Skills ® Communication and Team Building Finding new cost saving policies and procedures Budgeting Resources Proficient in all Microsoft Programs Education Barney Fletcher Real Estate School 2003 ■ Top 5% of the class Parkview High School 1987 -High School Diploma Graduated a year early References References available upon request 10/13/2016 Rodger Sextan Ir. (678) 963-8127 2055 Jana Lane Statham, GA 30666 Summary Knowledgeable Landscape Technician has solid planning and execution abilities of right-of- way mowing. Has a good understanding of DOT and safety regulations. Possesses great communication skills is hard-working and has eight years of experience in the field. Education 1990 High School Diploma Experience Field Supervisor 2008— Current NGL & Erosion Control Group, LLC 1 624 Atlanta Hwy. NW Winder, GA 30680 Logistically planned routes for the company and executed routes on a weekly basis Provide mowing and related vegetation maintenance services along approximately 400 miles of Gwinnett County streets and roadsides Supervise and instruct a crew of 5-10 landscape technicians on a daily basis Operate a 2014 5075E John Deere Tractor with a 10 foot bushog attachment Utilize commercial -grade landscaping equipment to maintain vegetation growth Slkills • Leadership Qualities • Master Welder • Operate front loaders, backhoes, and skid steers. • Quick learner NGL & Erosion Control Group, LLC 624 Atlanta Hwy. NW Winder, GA 30680 (770) 586-0372 To all interested parties: NGL & Erosion Control Group, LLC made an error in the initial pricing for Contract A, included in RFP 16- PW10. This error was due to confusion over the difference between centerline vs. shoulder mile. Please consider the revised pricing sheets in the new proposal. Thank you in advance, and we look forward to working with you. James Scott 68 - SECTION 5: COST PROPOSAL HOME OF' F IAM 1�1i1:1))001, MUST BE RETURNED WITH PROPOSAL One (1) original and five (5) copies shall be submitted in a separate, sealed envelope before the required deadline. The offerors cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5. The undersigned bidder, having familiarized themselves with the work required by the RFP, the bid 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 Price Print Total Price in Words � 30 � af%i i lr' Print/Type Company Name Here: i�C1r' [ COj�J UVAI\'i i Authorized Signature Date � Print/Type Name Print/Type Title (W\�'V tt' 69 1 - Contract A Pricing: Right of Way Mowing Costs should include all labor, materials and equipment necessary to provide the item listed. Right of Way Mowing Supplemental Costs: Item Additional Right of Way Mowing Additional Vertical Mowing Additional Pasture/Open Area Cutting LS Cost Unit Peer.Miler ile 'r PerVile 1 Los . Per Acre Fax: 770-586-0377 James Cell: 706-248-2563 Kendra's Cell 770-868-9445 ---------- Forwarded message ---------- From: Kendra Moore <nglerosion( mail.com> To: Honor Motes <Honor.Moteska cityofmiltonga.us> Cc: Date: Tue, 24 Jan 2017 20:36:35 +0000 Subject: Pricing 1.) $85/shoulder mile x 151.34 miles = $12,863.90 (1 cut cycle, ROW mowing only) 2.) $12,863.90 (cut cycle) x 7 cycles = $90,047.30 (ROW mowing only for the year) 3.) $90,047.30 (annual ROW mowing) + $2600 (annual pasture cutting) _ $92,647.30 4•) 92647.30 (annual ROW & pasture mowing) + $480 (vertical mowing $6o/shoulder mile; 8 miles annually) _ $93,127.30 Annual Price- $93,127.30 NGL Erosion Control Group LLC NGL Mulch & Supply Company 624 Atlanta Hwy NW Winder, GA. 30680 Office: 770-586-0372 Fax: 770-586-0377 James Cell: 706-248-2563 Kendra's Cell 770-868-9445 1 SECTION 3: SCOPE OF PROJECT 3.1 Project Location City of Milton - City Hall 13000 Deerfield Pkwy, Ste 107F Milton, GA 30004 Holly Springs At � ka vy N - r _ •.SLE c c _ F.ioontaiir ..._ Park Alpharetta - - Roswell Johns Creek Figure 3.1.1 - City Limits 3.2 General Conditions Applicable to all Contracts 1. The City of Milton (City), is seeking written proposals from qualified vendors to provide Public Works and Parks Maintenance Services for various task orders as may be defined within this RFP. Proposer should have adequate prior experience working with local governments and providing the services for which the proposer intends on submitting qualifications. 2. The City of Milton is located in the northern portion of Fulton County 18 and has a current population of approximately 37,547 with a total land area of 39 square miles. The City provides municipal Public Works services through a public-private partnership model and is looking for qualified vendors to provide services in the following areas: a. Right of Way Mowing b. Facilities Landscaping c. Sport Field Maintenance d. Park and Field Maintenance for Bell Memorial and Providence Park e. Right of Way Maintenance (issued separately) f. Traffic Signais(Issued separately) 3. The City currently maintains a Public Works yard in Birmingham Park behind Fire Station #43 located at 750 Hickory Flat Road. The area is not secured but may be utilized by the contractors for the storage of equipment and materials with the approval of city staff. The City is not responsible for the safety and security of any equipment or material stored at this location. 4. The Contractor shall utilize maximum safety precautions. Tools and equipment will be in a good state of repair, safe to use, and be used in the manner in which they were intended. The Contractor is required to inform all workers and concerned persons of the Material Safety Data on all products being utilized on this project. No materials or equipment will be left unattended or stored on the project site at any time. 5. The Contractor shall, during the term of this Contract, repair any damage caused to real or personal property of the City and/or its tenants, wherever situated, caused by the intentional, reckless, or negligent acts or omissions of the Contractor's officers, agents, or employees, and any subcontractors and their officers, agents, or employees, or, at the option of the City, the Contractor shall reimburse the City for the cost of repairs thereto and replacement thereof accomplished by or on behalf of the City. 6. The Contractor's personnel shall perform work in a neat and professional manner as directed by the City and in compliance with all Federal, State, and City of Milton regulations and OSHA rules and regulations shall be followed at all times. 7. The Contract Documents consist of the Contract, the Proposal Forms, the Instructions to Bidders, Request for Proposals, all Addendum(s) issued prior to execution of this Contract, these General Conditions, and the Scope of Work. Together, these documents comprise the Contract and all the documents are fully a part of the Contract as if attached to the Contract or repeated therein. Precedence of the Contract Documents shall be as follows: (i) addendum(s) to the Contract Documents, (ii) the Contract, (iii) the General Conditions (iv) the Proposal Forms, (v) the Instructions to Bidders, (vi) the Scope of Work, and (vii) the Request. 8. The Contractor's field employees will wear identifiable uniforms and appropriate safety equipment while performing services outlined in this RFP. 9. Include any additional products and/or services available that the vendor currently offers in their normal course of business that is not included in the scope of this RFP that you think will enhance and add value to the product. 10. In computing any period of time established under this contract, except as may be otherwise specified, when referring to a period of time of ten (10) days or less the word "days" means business days (excluding City holidays), and when referring to a period of time of more than ten (10) days means calendar days. [See individual contract scopes (A, B, C and D) on the following pages] 20 l Contract A: Right of Way Mowing A. General Requirements. 1. The grass cutting program will consist of the following activities: Right - of -Way (ROW), paved and gravel roads, and pastures. In each instance, the following will be required: a. ROW cutting will be defined as horizontal and vertical. i. The vertical component expectation is to match vertical to horizontal when necessary so as to increase sight visibility above grade. ii. The vertical component is mostly associated to sight visibility issues, tree limbs or shrubs encroaching into the roadway especially in and around inside curve radii. (Not to exceed 8 miles annually). iii. The vertical component may be necessary only once per season. b. Mowing Complete will be left uniform in appearance after mowers have passed. c. Clean up all debris, trash and litter, before and/or after mowing for proper disposal in accordance with local, state and federal regulations. Contractor may utilize the 30cy dumpster at the Public Works yard. d. Trimming around all roadside obstacles, i.e. sign posts, fire hydrants, traffic control boxes, guardrail etc., within the right-of- way. e. Tractors will have a road gear >19 MPH and zero turn type mowers will be transported vs. driving in roadway. 2. Contractor shall include with the monthly invoice a monthly cost summary and cost breakdown of each work order in a format approved by the City. 3. The Contractor shall provide a communication link to include (Voice, Text, and Email) for all essential crews, to provide communication between the crews and the city representative. This contact information will be provided to the city representative. 21 - - 4. All debris removed in the execution of any work order or project shall be properly disposed of in accordance with all applicable local, state and federal regulation. Debris returned to the yard area for disposal shall be transferred to the provided 30 cubic yard dumpster immediately. If any question arises about disposal it will be the Contractor responsibility to notify the City for instructions. Scattering or wasting debris along the right of way or edge of wood lines will not be permitted without prior approval. 5. The Contractor shall maintain adequate traffic control for in conformance with current GDOT and MUTCD standards t = Part 6 - Temporary Traffic Control while performing all maintenance tasks that require work in the right of way. The Contractor shall provide all personal protection equipment for all employees. 6. Contractor shall appoint a Project Lead to attend weekly staff meetings during mowing season. The Project Lead will be held responsible for quality control of his/her work force. The City will run random Q/C checks on work order completion quality. Any work order that has not been completed or deemed acceptable to the City shall be rejected by the City and shall not be closed until completed to the satisfaction of the City. Project Lead shall notify the City of roads to be mowed in the upcoming week, and work completed in the prior week. 7. The Contractor will notify the City representative of any rotation of crew members a minimum of one (1) week prior any rotation. The rotation of certified staff with non -certified staff will not be permitted. Key staff members, as identified in the contract documents, may only be replaced as outlined in those documents. The City reserves the right to require the replacement of any team members that the City determines do not meet the minimum educational, training or experience standards expected by the industry or by their actions and demeanor have failed to display the character and professionalism required by the City. 8. The Project Manager shall be available, as reasonably required, to be on-site during necessary times. Such times shall be discussed between the Project Manager and the City, but the final required times will be at the City's discretion. 23 b. Trim vegetation on bridge ends and bridge end rolls to the right of way or natural tree line. If trees exist within fifteen (15) feet around or adjacent to the bridge; trim vegetation under and around the trees, or as directed by the City. Continue trimming down slope or upslope to meet the Mowing Limits 4. Gravel Roadway (13 centerline miles) - Mow and trim the entire area from edge of road to ROW limit (approx. 10' from edge of road) that is not currently being maintained by adjacent landowners. Contractor shall remove all debris that would be scattered from cutting. 5. Mowing operations will begin on or about April i of each year and end on or about October 20 of each year. Begin mowing for each cycle on the first day of the month or on a date approved by the City and complete each cycle by the 20th of the same month. Complete a Mowing Cycle without interruption and before beginning a new Mowing Cycle. 6. Where trails, sidewalk or curb and gutter exist outside of established subdivisions the Contractor shall ensure those areas are edged and maintained. C. Pasture and Pocket Park Cutting Contractor shall be responsible for pasture cutting in Birmingham Park (approx. 15.5 acres), Pocket Park North (approx. 1 acre), Pocket Park West (approx. 2 acres) and the undeveloped Public Safety Property (approx. 1.5 acres). The Public Safety Property is anticipated to be developed in 2019 and dropped from this program at that time. This activity shall be coordinated with a Public Works Representative prior to commencement. Properties identified in these section shall be cut a minimum of twice per year in May and September unless otherwise instructed. Additional cuts requested by the City shall be charged at the rate established on the bid sheets. D. Roads to be Mowed Table A.I. Paved Roads ROAD NAME FROM TO LENGTH IN MILES Batesville Road Birmingham Highway Cherokee County Line 1.28 24 - - Bethany Bend Hopewell Road Co burn Rd. 1.07 Bethany Bend Co burn Road SR9 Cumming Hwy. 0.42 Bethany Bend SR9 Cumming Hwy. Morris Rd. 1.37 Bethany Road Mayfield Road Haygood Road 1.50 Bethany Way Haygood Road Hopewell Road 0.68 Birmingham Road SR372 Freemanville Road 0.73 Birmingham Road Birmingham Highway Ho ewell Road 1.97 Broadwell Road Crabapple Road Rucker Road 0.35 Charlotte Road Mayfield Road Mid Broadwell Road 0.23 Co burn Road Webb Road Bethany Bend 1.41 Co burn Road Bethany Bend Francis Road 1.34 Cox Road SR140 King Road 0.69 Deerfield Parkway Cumming Highway Webb Road 0.75 Deefield Parkway Webb Road Alpharetta City Limits 0.91 Dinsmore Road Freemanville Road Thompson Road 1.70 Dorris Road Providence Road Birmin ham Highway 1.30 Ebenezer Road Varies 0.22 Francis Road Co burn Road Forsyth County Line 1.54 Freemanville Road Providence Road Mayfield Road 1.74 Freemanville Road Birmingham Road Providence Road 3.48 Freemanville Road Birmingham Road Mountain Road 2.05 Green Road Arnold Mill Road Crabapple Road 0.50 Hamby Road Ho ewell Road Forsyth County Line 1.25 Haygood Road Redd Road Bethany Road 0.49 Henderson Road Birmingham Road Freemanville Road 1.26 Hicko Flat Road Birmingham Highway Cherokee County Line 1.31 Ho ewell Road Co burn Road Alpharetta City Limits 3.67 Hopewell Road Co burn Road Phillips Rd. 4.00 King Road Varies 0.38 Liberty Grove Road 200' east of Traffic Circle SR 372 (Birmingham Highway) 0.37 Lively Rd. Longstreet Road Forsyth County Line 0.28 Lon street Road Ho ewell Road Forsyth County Line 1.02 Mayfield Road Birmingham Highway Alpharetta City Limits 0.80 McGinnis Ferry Rd. SS EB Morris Road Georgia 400 0.64 Mid -Broadwell Road -Crabapple Road Charlotte Drive 0.35 Morris Road Deerfield Parkway Webb Road 0.78 Morris Road Webb Road McGinnis Ferry Road 0.56 Mountain Road Hopewell Road Freemanville Road 1.64 New Bullpen Road Birmingham Highway Cherokee County Line 0.78 New Providence Road _.Birmingham Highway Arnold Mill Road 3.58 Phillips Road Ho ewell Road Mountain Road 0.60 Providence Road Birmingham Highway Freemanville Road 0.67 Providence Road Freemanville Road Bethany Road 0.98 Providence Road Bethany Bend Alpharetta City Limits 1.29 Ranchette Road Arnold Mill Road Providence Road 0.60 Redd Road -...Hopewell Road Freemanville Road 1.11 Taylor Road Batesville Road Birmingham Highway 1.47 Thompson Road Ho ewell Road Redd Road 2.40 Thompson Road Ho ewell Road Francis Road 1.86 Webb Road Alpharetta City Limits Co burn/Windward 0.08 Webb Road Co burn/Windward SR9 Cumming Hwy. 0.46 Webb Road SR9 Cumming Hwy. Deefield Pkwy. 0.40 Webb Road Deerfield Pkwy. Morris Rd. 0.26 Total Mileage Paved Roads 62.57 251 ,== -= Table A.2. Gravel Roads ROAD NAME FROM TO LENGTH W MALES Black Oak Rd. Ho ewell Road Dead end 0.28 Brittle Road Redd Road Haygood Road 0.78 Burgess Circle Ho ewell Road Thompson Road 0.04 Burgess Drive Burgess Circle Dead End 0.35 Chnsto hers Run Thompson Rd. Dead End 0.41 Clarity Rd. Hickory Flat Rd. Cherokee Co. Line 0.36 Cowart Rd. Summit Rd. Dead End 0.07 Darby Rd. Hickory Flat Rd. Rowe Rd. 0.55 Day Rd. Birmingham Rd. Dead End 0.10 Holly Rd. SR140 Dead End 0.29 King Circle King Rd. Dead end 0.36 Knox Hill Drive _Birmingham H SR 372 Dead End 0.25 Lackey Rd SR9 City of Roswell 0.53 Land Rd. Hopewell Road Longstreet Rd 0.34 Landrum Road Freemanville Road Birmingham Hwy. SR. 372 0.57 Lively Road Longstreet Road Forsyth County Line 0.18 Louis Rd. Freemanville Road Dead End 0.13 Nix Road Freemanville Road Birmingham Hwy. SR. 372 0.92 Old Co burn Road Co burn Road Dead End 0.16 Old Dorris Rd. Birmingham Hwy. (SR 372) Dead End 0.10 Old Henderson Rd. Henderson Rd. Henderson Rd. 0.30 Old Holly Rd. SR 140 Dead End 0.10 Phillips Circle Freemanville Road Freemanville Road 0.71 Rowe Rd. Hickory Flat Rd. Dead End 0.70 Simmons Hill Road Birmingham H SR 372 Dead End 0.14 Springs Falls Rd. Birmingham H SR 372 Dead End 0.13 Summit Road Brittle Road Freemanville Road 0.82 Sweet Apple Rd. SR9 Ebenezer Rd. 0.46 Westbrook Road Mountain Road Cherokee Co. Line 0.25 Westbrook Road Mountain Road Hopewell Road 1.30 Wood Road I Phillips Circle Birmingham H SR 372 1.42 Total Mileage Gravel 13.10 Roads E. Pricing for Grass Cutting Provide line item costs in accordance with the requirements of Section 5. Prices shall be all inclusive with labor, material, and expenses. EXHIBIT "C" See Exhibit "A" Scope of Services for Contract A: Right of Way Mowing as well as the General Conditions Applicable to all Contracts. EXHIBIT "D" STATE OF COUNTY OF W 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: V°1 06 R Federal Work Authorization User Identification Number D2) -11- NDOCA Date of Authorization NGL & Erosion Control Group, LLC Name of Contractor Right of Way Mowing Name of Project City of Milton, Georgia Name of Public Employer I hereby declare tinder penalty of perjury that the foregoing is true and correct. Executed on I�, 20LUin W(� ;Jp (city), M (state). qV-- S1JnAture of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE M_ DAY OF 20i(C. NOTARY PLWLIC, [NOTARY SEAL] My Commission Expires: KENDRA D. MOORE Notary Public. Georgia Barrow County My Commission Expires April 19, 2019 I hereby declare tinder penalty of perjury that the foregoing is true and correct. Executed on I�, 20LUin W(� ;Jp (city), M (state). qV-- S1JnAture of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE M_ DAY OF 20i(C. NOTARY PLWLIC, [NOTARY SEAL] My Commission Expires: EMHBU sTATE OF COUNTY 01- SUBCON-1 RACTORAI-FIDAVIT 13v C\eCtitim-, this ill'idaNit. t1w itrldvaTncd ubeonlractor Nerilics it, coallpli::ilce 1kith O.C.G.A-1 13-10, A. MOT ammwdy that be iJjyi&j[. [!Jill )I 'urporalioll vvilic1l i, eligagvd it file NOMMue Annives under a coMintst "illi N61 &- Fmmon Ct)tilicd Group, LLC onib:halfvfthe Citi oi'\liltori, Ocorgia 1w, rc,_isaCl'ld \�ilh. is3111LCIII/Cd to tt— and the commonly kilown...s or ally program. In ack:orda [act: \�ith the arplica"'IQ proc kiom';:111d de.idline, C,labli,fied in O.CA', 13 -?n -cit. Furillennor-Q, tliv it tide r -;i gn,:d,',ttbeoll' ractor "Hi comume 10 use the Wind wmk amWinzation gymn lwyow the ommo pu.L and the unciQrsigned stibcontnwtor will axnr,tCt fi,i di,: ph),iI:Zfl pet l'ormallee of' �Vrvicvs ill "alisim tion of >Iwll COM i'aWl 0711ti kk' Ill I s Llh-ulb,:on it a':tol llo p; an a i III da w to the :Ilbc ont I'Lwtol '.c ith (he in forfllaaon raluit-ed by(ICALA. § 13-10401(h1. Adlwwally. me under, qu tied subcontractorwill forward noiiceol file receipt ofull all'idavit 1,1011) a to mc conlravltsr %%ithm fi�,c (5) bu,incs days()( icculpl. 11,11le lllldersipcd subcoiltractor recvivenotice that a hos received an -lffidjcir an"; ('-'.her CO I! traC1C d ',: b -Sit b Ckll It I aL lot', (he j,' I;d <u I, noilt: Wk)f I I lu<t !'ora ard. v. i th i :I !-I\ Q I, ki:n I ci dayof reecipt, It op� L'I' tile noli';J) to the Cvni aciol . Silhconlrawior hcr,,by otix,<t, Tax in R& ca awk auth, creation u,Cr iLlcivification rilinher and daic of al thorl",tilon are -1' lollo\�': de,:lar.,, under pL�jialt� ol pe;jllr� that th-': fllrt'�,(.11:1�' i,� U'111-- and correct. t,"'Cr -5,J N ualibe - \11\ EN':Cl1lCd oil I- -.- 1 '- r -uJ"-'-"-f �A"Till"'ii?'Q'! oh-iun- ol Name of sukul We 01, himcd N"zinie and Title 01'A(21!1011zed 01 1-1cerel In- Na nie of Proj ek I MINCRIBI'DAND WATIRV BERMF klE I CIN 1111SH1. 'S DAY 01' 21; [NO]AWY SFAL� %1-, (- tullmiy;ioti E.-,pirvx �97 EXHIBIT 'IF" The following individuals are designated as Key Personnel under this Agreement and, as such, are necessary for the successful prosecution of the Work: [INSERT KEY PERSONNEL BELOW] Individual Position Kl V O Project Manager u EXHIBIT "G" NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER/BIDDER STATE OF COUNTY OF A17VV Sk nib , being first duly sworn, deposes and says that: (1) He/she is a (Owner, Partner, Officer, Representative, or Agent) of �y�$ EXcYi�DY1 C��ni��i E'}uthe "Bidder") that has submitted the attached bid/proposal (the "Bid"); (2) He/she 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/proposal; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including in this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other bidder/proposer, firm or person to submit a collusive or sham bid/proposer in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding/proposing 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/proposer, or to fix any overhead, profit or cost element of the 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 O,C.G.A. § 36-91-21(d). .411 — SUBSCRIBED AND SWORN BEFORE ME ON Signu e of Authorized Officer or Agent T 1 "rHE )n _ DAY OF�ffiV , 20_�U. AC1`mct l - �JWVI Printed Name and Title of Authorized Officer or Notary Public KENDRA D. MOORS d��:'�'r' �, �' Agent Notary Public, Georgia Barrow County My Commission Expires [NOTARY SEAL] "0400 April 19, 2019 My Commission Ex ires: HOME OF -HE BFS Q. MILTON ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE:^February 27, 2017 FROM: Steven Krokoff, City Manager© AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Buxton Company MEETING DATE: Monday, March 6, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,Y4PPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (YyYES () NO CITY ATTORNEY REVIEW REQUIRED: (eES () NO APPROVAL BY CITY ATTORNEY. (,VAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: O )I W/ 2j 117 REMARKS: ©y YDu(n PHONE: 678.242.25001 FAX: 678.242.2499 Info®eityolmiltonga.us I www.cllyofmiBonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ® 'Green + ,ate;, T Qmu' Community � a Vol To: Honorable Mayor and City Council Members From: Sarah LaDart, Economic Development Manager Date: Submitted on February 23, 2017 for the March 6, 2017 Regular City Council Meeting Agenda Item: Approval of A Professional Services Agreement between the City of Milton and Buxton Company ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: We have engaged with Buxton Group to complete a Retail Recruitment Study focusing on the Highway 9/Deerfield corridor. Buxton is the industry leader in customer analytics and experts in driving retail growth. Buxton will supply custom marketing materials and strategies targeting the unique site requirements of retailers, developers, and commercial real estate brokers. They are committed to helping us with our three objectives: (1) Recruit new retailers and restaurants, (2) Retain existing retailers and restaurants, and (3) Understand current retail and restaurant economic conditions. Funding and Fiscal Impact: A Retail Recruitment Study with a $50,000 budget was approved for Fiscal year 2017. Buxton’s fee is $50,000. Alternatives: None. Legal Review: Sam Vanvolkenburgh, Jarrard & Davis (February 15, 2017) Attachment(s): Professional Services Agreement between the City of Milton and Buxton Company rti�M� 1`F t>1:111:I\IIUI .��b PROFESSIONAL SERVICES AGREEMENT THIS 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 (hereinafter referred to as the "City"), and Buxton Company (Texas), a Texas 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: L 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" — City Solicitation Documents Exhibit "B" — Consultant Response/Proposal Exhibit "C" — Scope of Work Exhibit "D" — Contractor Affidavit Exhibit "E" — Subcontractor Affidavit Exhibit "F" — Key Personnel B. Proiect Description The "Project" at issue in this Agreement is generally described as: Recruitment Market Study for the City of Milton as further described in RFP 17- ED01 (Exhibit "A'). The Recruitment Market Study described in Exhibit "A" will be performed three times — once per year over the course of three of the City's fiscal years. Each year, the Study will focus on a different commercial hub within the City of Milton. The initial year (Phase 1), the Study will focus on the intersection of Deerfield Parkway and Highway 9. The second year (Phase 2), the Study will focus on the downtown Crabapple neighborhood. The third year (Phase 3), the Study will focus on the Birmingham Crossroads neighborhood (intersection of Birmingham Road and Birmingham Highway). 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, Completion Date, and Term of Agreement The term of this Agreement ("Term") shall commence as of the Effective Date, and end when the Work is complete and final payment for the Work has been made (provided that certain obligations will survive termination/expiration of this Agreement). Preparation of the Phase1 Study shall begin on the Effective Date and shall proceed in accordance with the Work Plan shown in Exhibit "B". Consultant shall continue to provide support for the Phase 1 Study for the remainder of the City's fiscal year ending September 30, 2017. Preparation of the Phase 2 Study shall begin on October 1, 2017, and shall proceed in accordance with the Work Plan shown in Exhibit "B". Consultant shall continue to provide support for the Phase 2 Study for the remainder of the City's fiscal year ending September 30, 2018. Preparation of the Phase 3 Study shall begin on October 1, 2018, and shall proceed in accordance with the Work Plan shown in Exhibit "B". Consultant shall continue to provide support for the Phase 3 Study for the remainder of the City's fiscal year ending September 30, 2019. 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 City on September 30 each year of the Term, and further, that this Agreement shall automatically renew on October 1 each year of the Term absent City's provision of written notice of non -renewal to Consultant at least five (5) days prior to the end of the then -current fiscal year. Title to any supplies, materials, equipment, or other personal property shall remain in Consultant until fully paid for by City. 2 II. WORK CHANGES A. Chan !e Order Defined 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. B. Chante 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. C. Authority to Execute Chance 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 Terms Payment for Phases 1, 2 and 3 will be made separately, each in the year in which the Phase is performed. Consultant shall invoice the City for 50% of the payment price for each Phase no earlier than 30 days before the Work for the Phase is to begin, and shall invoice the remaining 50% upon delivery of the solution provided in that Phase. Invoices shall set forth in detail the services performed, along with all supporting documents requested by City to process the invoice. City shall pay Consultant within thirty (30) days after approval of the invoice by City staff. B. Maximum Contract Price. The compensation for Work performed shall be based upon a flat fee of $50,000.00 for each Phase of Phases 1, 2 and 3. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $150,000.00 (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. C. Reimbursement for Casts. 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 there shall be no reimbursement for costs. IV. COVENANTS OF CONSULTANT A. Expertise of Consultant• Licenses Certification and 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. § 54-18-71, 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. Budgetary Limitations 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. 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. 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. Consultant's Reliance on Submissions b Ci Consultant must have timely information and input from City in order to perform the Work required under this Agreement. M 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 Robb Miller 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 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 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. 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 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 attorneyes 's fe 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 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, 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. 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 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. I• 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 Ioss 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 Ieast $1,000,000 (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) 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: $_NIA 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 an, d (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 7 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. Primary Insurance Requirement. Consultant'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 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. 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. 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. (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 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 (or 10 calendar days if due to non-payment) 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 starting and ending dates. (iii) Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by Consultant under the terms of this Agreement, including but not limited to Section IV(G) of this Agreement. (5) Acceptability of Insurers: The insurance to be maintained by Consultant must be issued by a company Iicensed 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. M (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) City as Additional Insured and Loss Payee: City shall be named as an additional insured and loss payee on all policies required by this Agreement, except City need not be named as an additional insured and loss payee 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. 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 10 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 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. § 13-10-91.1 1Dl.SRINA I V,NIARK AI'I'Itt)ITLA l I UA I I c I(W), I 500 or more employees. X100 or more employees. 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. Records, Resorts 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 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 12 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 - consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. M. 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. Consultant agrees that confidential information it learns or receives or such reports, information, opinions or conclusions that Consultant 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 City. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. 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 I 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. All of the individuals identified in Exhibit' F", attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Consultant's Project Manager or members of the Project team, as listed in Exhibit "F", without written approval of City. Consultant recognizes that the composition of this team was instrumental in City's decision to award the Work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for City's consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Consultant's obligations under this Agreement and shall be grounds for termination. U. 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 13 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. 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. 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. 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. ft -ht of Entry. 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. City's Representative Sarah LaDart 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. 14 VI. TERMINATION A. For Convenience. City may terminate this Agreement for convenience at any time upon providing written notice thereof at least seven (7) calendar days in advance ofthe 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 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. Statutory Termination 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 Termination 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 Termination 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 Ri hts 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. 15 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 Assigns Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties. C. 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 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 Da_y-to-Dav 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) Official Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall 16 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 City of Milton, Georgia 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONSULTANT shall be sent to: Buxton Company 2651 South Polaris Dr. Fort Worth, TX 76137 G. Waiver of Ap-reement 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 Partv RiLhts 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. Sovereign Immunity; Ratification 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 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 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 17 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. L. Counterparts. Agreement Construction and Interpretation 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 Maieure 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, 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. 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] 18 CONSULTANT: Buxton Co any (Texas) Signature: od °4/I Print Name: 0 A V! O GLO AAA, Title: President/Vice President (Corporation) Attest/Witness: Signature: qkwxl Print Nam : Title: 165 -5f 0 (Assistant) Corporate Secretary Attest: Signature: Print Name: _ Title: City Clerk Approved as to form: City Attorney [CORPORATE SEAL] CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor 19 [CITY SEAL] EXHIBIT "A" EXHIBIT "A" HOME OF ` I LTO ESTABIISIIED 006 CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: RFP Title: RFP17-EDO1 Recruitment Market Study Due Date and Time: Economic Development January 24, 2017 Number of Pages: 52 Local Time: 2:00pm Milton, Ga. 30004 ISSUING DEPARTMENT INFORMATION Issue Date: December 29, 2016 City of Milton Phone: 678-242-2500 Economic Development Fax: 678-242-2499 13000 Deerfield Pkwy, Ste 107F Website: www.cityofmiltonga.us Milton, Ga. 30004 Deadline for Written Questions INSTRUCTIONS TO OFFERORS Return Proposal to: Mark Face of Envelope/Package: Offeror Phone Number: RFP Number: RFP17-ED02 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Special Instructions: Office Deadline for Written Questions 13000 Deerfield Pkwy, Ste 107F January 12, 2017 Milton, Ga. 30004 Email questions to Honor Motes at honor.motes@citvofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS OFFERORS MUST COMPLETE THE FOLLOWING Offeror Name/Address: Authorized Offeror Signatory: Please print name and sign in ink Offeror Phone Number: Offeror FAX Number: Offeror Federal I.D. Number: Offeror E-mail Address: OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE PHONE: 6; b.14:'.2,)UU I FAX: 6/8.242.249 IMAWAR11 �" V N L G a N info4cltyofmlltonga.us I www.cltyofmlltonga.us III,YIMNEN Community � Y 1,9000 Doorfiold Porkway, Suite 107 1 Milton GA 30004 2 1 RFP 17-ED01 TABLE OF CONTENTS Offeror's RFP Checklist Disclosure Form Proposal Letter Schedule of Events Section 1: Project Overview and Instructions Section 2: RFP Standard Information Section 3: Scope of Project Section 4: Offeror Qualifications Section 5: Cost Proposal Section 6: Evaluation Criteria Section 7: Standard Contract Information Standard Contract 3 1 RFP 17-ED01 OFFEROR'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 -proposal conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the 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 DORS website at http://ssl.doas.state.ga.us/PRSapp/PR-index.jsp and on the City's website at http://www.cityofmiltonga.us will include all questions asked and answered concerning the 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 DOAS website at http://ssl.doos.state.go.us/PRSapp/PR_Index.jsp and the City website at hftp://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 Offeror's Response 4 1 RFP 17-ED01 HOME OF ' IM I LTO N ESTABLISHED 1006 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH RESPONSE This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Offeror 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 1 RFP 17-ED01 HOME OF ' EJTAhENIED 2006 RFP# 17-EDO1 PROPOSAL LETTER (Bidder to sign and return with proposal) We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP) - Recruitment Market Study 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 Print/Type Name Print/Type Company Name Here Dat 6 1 RFP 17-ED01 STATE OF _ COUNTY OF HOME OF ' IMILrON'k ESI:ABLIStILD 3000 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 Name of Contractor Name of Project City of Milton. Geor. is 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: 7 1 RFP 17-ED01 SCHEDULE OF EVENTS EVENT RFP Issue Date DATE December 29, 2016 Deadline for Receipt of Written Questions 5 PM on January 12, 2017 Posting of Written Answers by City to Websites on or about January 18, 2017 RFP DUE No Later than 2 PM on January 24, 2017 NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) OR THE DORS WEBSITE (http://ssl.doas.state.ga.us/PRSapp/PR_Index.jsp) FOR ADDENDA AND SCHEDULE UPDATES. 8 1 RFP 17-ED01 SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City is soliciting proposals from firms/individuals interested in developing a retail development strategy that maximizes the retail and restaurant potential for the City as well as provides business retention tools and an analytic portal to customize reports. All Offerors must comply with all general and special requirements of the RFP information and instructions enclosed herein. The City may directly negotiate final terms with the selected service provider(s). Work under this contract will commence on or about March 1, 2017. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposal (RFP) is issued until an offeror is selected, offerors are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes. Any unauthorized contact may disqualify the offeror from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes Address: 13000 Deerfield Parkway, Suite 107F, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@cityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFP. Offerors 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 which they discover upon examination of this RFP. B. Form of Questions. Offerors with questions or requiring clarification or interpretation of any section within this RFP must submit their questions in writing via email (preferred), or faxed to the procurement office referenced above on or before 5 PM on January 12, 2017. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. 9 1 RFP 17-ED01 C. City's Answers. The City will provide an official written answer to all questions on or about January 18, 2017. 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 or http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp Offerors must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, offeror 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 offeror'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 offeror'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 offeror 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 offerors submitting a response to this RFP. Mandatory Requirements. To be eligible for consideration, an offeror must meet the intent of all mandatory requirements. The City will determine whether an offeror'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. 1.3 TERM OF THE AGREEMENT The term of this Agreement shall commence on or about March 1, 2017 with a one-year contract period. 10 1 RFP 17-ED01 1.4 SUBMITTING A PROPOSAL Each proposal shall provide a straightforward and concise explanation of the proposer's capabilities to satisfy the requirements of this RFP. Emphasis in each proposal must be on completeness and clarity of content. Proposals shall be submitted in two (2) individually sealed envelopes, one containing the proposal and the other containing the cost proposal. Both envelopes shall be submitted in one sealed and marked package and delivered to city hall by the time and date established in this RFP. The City will score all proposals before evaluating the costs. A. Submittal Requirements. Proposals shall include the following: 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. City of Milton Contractor Affidavit and Agreement (eVerify) (signed) 5. Proposal. Each Proposal Shall be: a. No more than ten (10) single sided pages (5 pages if double sided). i. Cover page(s), table of contents, tabs, and required forms do not count toward the page limit. b. Minimum of 1 1 point font Each Proposal Shall Contain: a. Corporate background and qualifications to perform the services required by this RFP. b. Detailed description of efforts your firm or entity will undertake to achieve client satisfaction and to satisfy the requirements of the "Scope of Work' section. i. Describe any attributes, special capabilities or resources available in the firm. c. An implementation plan that describes in detail the methods, including controls by which your firm or entity manages projects of the type sought by this RFP; d. Project Team: i. Project staffing proposals. Include resumes of key project personnel, i.e. project managers and team 11 1 RFP 17-ED01 leaders. ii. Describe the firm's approach to fill staff positions during vacation, illness, attrition, etc... e. Work Plan - provide an anticipated project schedule, any anticipated challenges, and any innovative approaches that may be implemented to provide a more efficient delivery of services. Project schedule should identify all tasks and deliverables to be performed, durations for each task, and overall time of completion. f. Related Projects and References i. Describe at least 3 similar projects with references. ii. Submit the primary contacts (and management hierarchy/organization chart) that will be available for all aspects of the work. Include contacts for customer service and senior management. Identify the management staff to be assigned to this project and their relevant experience and qualifications to janitorial services similar in nature. Provide the number of full-time employees and the number of part-time employees performing the Janitorial/Janitorial services as of the date of submission of your response to this Request for Proposal. 6. Pricing (See Section 5) 7. Applicable Addenda Acknowledgement Forms (if necessary) Offerors must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0. B. Failure to Comply with Instructions. Offerors 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 proposals 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 four (4) copies of each proposal (plus a CD) should be provided to the City. Proposals must be received at the receptionist's desk prior to 2:00 PM, local time, January 24, 2017. Emailed responses to requests for proposals are not acceptable Proposals will be opened at approximately 2:05 pm and names of offerors will be announced. 12 1 RFP 17-ED01 D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the offeror'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 offeror at the expense of the offeror or destroyed if requested. 1.5 OFFEROR'S CERTIFICATION A. Understanding of Specifications and Requirements. By submitting a response to this RFP, offeror 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 offeror 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 offeror so agrees in submitting the proposal. 1.6 COST OF PREPARING A PROPOSAL 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 offeror. The City is not liable for any expense incurred by the offeror in the preparation and presentation of their proposal. 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 offeror resulting from this RFP process. 13 1 RFP 17-ED01 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 offerors. 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 proposals 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 offeror; and (4) other constitutional protections. B. Procurement Officer Review of Proposals. Upon opening the proposals 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 proposal. 2. The proposal does not contain confidential material in the cost or price section. 3. An affidavit from an offeror's legal counsel attesting to and explaining the validity of the trade secret claim is attached to each proposal containing trade secrets. Please contact Honor Motes for additional information. 14 1 RFP 17-ED01 Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Offerors 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 proposal is not within the specifications described and required in the RFP. If a proposal is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if an offeror 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 offeror or, if necessary, to seek discussion/negotiation or a best and final offer in order to determine the highest scoring offeror. 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 in terms of differing price, quality, and contractual factors. 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 offeror's proposal 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 offerors outside the formal response or subsequent 15 1 RFP 17-ED01 discussion/negotiation or "best and final offer," if requested, will not be considered, will have no bearing on any award, and may result in the offeror being disqualified from further consideration. E. Opportunity 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 offerors should clarification or negotiation be necessary. Offerors may also be required to make an oral presentation and/or demonstration to clarify their RFP response or to further define their offer. In either case, offerors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the proposal. Oral presentations and demonstrations, if requested, shall be at the offeror's expense. F. Best and Final Offer. The "Best and Final Offer" is an option available to the City under the RFP process which permits the City to request a "best and final offer" from one or more offerors if additional information is required to make a final decision. Offerors may be contacted asking that they submit their "best and final offer," which must include any and all discussed and/or negotiated changes. The City reserves the right to request a "best and final offer" for this RFP, if any, based on price/cost alone. G. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. H. 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 offeror 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. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible 16 1 RFP 17-ED01 offeror whose proposal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring offeror 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 offeror. J. Contract Award. Contract award, if any, will be made to the offeror who provides all required documents, provides the best overall value to the city 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. Cancel or terminate this RFP, B. Reject any or all proposals received in response to this RFP, C. Award a contract to the vendor that provides the best overall value to the city, D. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any proposal, E. Not award if it is in the best interest of the City not to proceed with contract execution; or F. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 17 1 RFP 17-ED01 SECTION 3: SCOPE OF PROJECT 3.1 Background The City of Milton is located in the northern portion of Fulton County and has a current population of approximately 37,547 with a total land area of 39 square miles. The City is soliciting proposals from firms/individuals interested in developing a retail development strategy that maximizes the retail and restaurant potential for the City as well as provides business retention tools and an analytic portal to customize reports. The successful firm/individual will conduct a site assessment of the City's market trade area and profile the customers' buying habits, lifestyle characteristics and media habits. The results of the assessment will be used to guide the elected officials and staff of the City to make decisions and commitments to grow the City's retail/restaurant sector and shape goals and policy long term. The assessment should take in to consideration and include: • Population and household increases • Competition • Existing retail firms • Retail leakage/surplus • Retail development in similar cities • Cannibalization • Retail trends • Market viability • Healthcare assessment report • Physician Intelligence report • Platform to customize all reports on demand 3.2 Scope of Work The firm or individual selected will be expected to perform the following tasks with a one-year contract period: aj Develop trade area analysis focused on drive time delineation 18 1 RFP 17-ED01 b) Develop profiles of customers in the trade area based on buying habits, media habits, and lifestyle characteristics c) Assess the retail/restaurant potential of selected sites in the city d) Recommend specific retailers and restaurants that match the City's customer profile e) Match the City customer profiles with profiles of specific retailers and restaurants that would consider the City for a location or expansion f) Prepare custom marketing packages for each of the retailers and restaurants identified and identify the individual in the companies who makes location decisions g) Make other recommendations as seen pertinent to the assessment h) Provide a retail leakage/ surplus analysis i) Provide an online data base and marketing tool to assist recruitment efforts j) Provide on-going support to the City throughout the one-year contract period k) Provide unlimited access to GIS and staff to help optimize the City's marketing efforts 1) Provide information required to retaining and attracting high value, high wage jobs by analyzing how the City benchmarks against competing cities m) Provide information to understand the value of residents and surrounding households when considered as a workforce n) Provide information to understand residents' access to services, retail, healthcare, municipal assets, and other attractive amenities for overall quality of life benchmarks o) Create customized marketing materials to bolster the City's markets potential to retailers. 3.3 Benefits of Partnership Please confirm ability to provide the following firm/individual differentiators: 1. Personalized Content Advance the City's business recruitment program by providing personal guidance from professional staff and ongoing insight into key industry topics via e -newsletter, webcasts and other interactive tools. 2. Long -Term Partnership Provide unlimited access to consultant staff. 3. Exclusive Access 19 1 RFP 17-ED01 Utilize exclusive relationships to access data and develop an actionable program to recruit retail and restaurants. 4. Web -Based Deliverable Access to a superior online web -mapping platform with the touch of a button; an application allowing for screen shots, mobility, and ease of use to assist in business growth objectives. 20 1 RFP 17-ED01 SECTION 4: OFFEROR QUALIFICATIONS 4.0 CITY'S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the offeror to provide the supplies and/or perform the services specified. 4.1 OFFEROR 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. 21 1 RFP 17-ED01 SECTIONS: COST PROPOSAL HOME OF ' M IL'TON ISIAINLISHED 2006 MUST BE RETURNED WITH PROPOSAL One (1) original and four (4) copies shall be submitted in a separate, sealed envelope before the required deadline. The offerors cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5. The undersigned bidder, having familiarized themselves with the work required by the RFP, the bid 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: The initial term may be prorated to match our fiscal year which will begin October 1, 2017. Total Price: Print Total Price in Words Print/Type Company Name Here: Authorized Signature Print/Type Na Print/Type Title ate 22 1 RFP 17-ED01 SECTION 6: EVALUATION CRITERIA 6.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the offers according to the following criteria: • A selection team for the City will initially evaluate and score all proposals received. • Proposals not meeting the minimum requirements and those who are non-responsive will not be considered. • Cost Proposals will be reviewed after the review process. The City reserves the right to award the contract to the most responsible and responsive proposal that the City determines provides the best value with price and other factors being considered. Proposal Evaluation Criteria Qualifications of Key Personnel 20 pts. Staffing Plan Team Member Resumes Available Equipment Response capabilities Company History and Capability 50pts. Experience with similar projects Company Stability Previous Client Referrals/Recommendation Innovative or Creative Approaches to Providing the Services that may 10 pts. Provide Additional Efficiencies or Increased Performance Capabilities Cost Proposal 20 pts. Must be submitted in a separate sealed envelope 23 1 RFP 17-ED01 6.1 FIRM QUALIFICATIONS To be considered the applicant shall provide a description of experience to include: • A summary description of your firm, including size, locations of offices and areas of specialty; • A summary of your ability to provide services as enumerated above; • Points of contact, addresses, email and phone numbers; • Biographies of individuals assigned to provide the services; • List of municipal clients being served by the firm on similar projects; • Proven track record of those client's successes, especially those in the region • Any details or information that will assist the City in making a selection; • Ability to assist in other residential household level data needs, outside of the scope of this project, as a long-term partner; • Demonstrated insight into retail/restaurant concepts, decision making processes, leadership, and trends Fees and Timeline for Delivery Include all fees and costs associated with the completion of this project and a schedule for completion of the project. 24 1 RFP 17-ED01 SECTION 7: STANDARD CONTRACT INFORMATION 7.0 STANDARD CONTRACT The City's standard contract is attached to this document as Appendix A. Offerors should notify the City of any terms within the standard contract that either preclude them from responding to the RFP or add unnecessary cost. This notification must be made by the deadline for receipt of written/e-mailed questions or with the offeror'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 offeror at the time of contract negotiation. 7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the offeror'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 A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring offeror. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. 7.2 SUBCONTRACTORS The highest scoring offeror will be the prime consultant if a contract is awarded and shall be responsible, in total, for all work of any subcontractors. All subcontractors, if any, must be listed in the proposal. The City reserves the right to approve all subcontractors. The Consultant shall be responsible to the City for the acts and omissions of all subcontractors or agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by the Consultant. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this 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 25 1 RFP 17-ED01 The Consultant is required to supply the City of Milton with proof of compliance with the Workers' Compensation Act while performing work for the City. Neither the Consultant nor its employees are employees of the City. The proof of insurance/exemption must be received by the City of Milton within 10 working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO VENDORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 7.5 COMPLIANCE WITH LAWS The Consultant must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or subcontracting by the Consultant subjects subcontractors to the same provision. The Consultant agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 7.6 CONTRACT TERMINATION See sample contract. Sample Contract Intentionally Omitted EXHIBIT `°B" C -CITY HOME OF' N*k FSTAIII ISI IFD 7006 OF MILTON REQUEST FOR RFP Number: RFP17-EDOI (THIS IS NOT AN ORDER) RFF Tifle: Recruitment Market Due Date and Time: January 24, 2017 Local Time: 2:00pm PROPOSALS Number of Pages: 52 ISSUING DEPARTMENT INFORMATION ____ Issue Date: December 29, 2016 City of Milton Phone: 678-242-2500 i Economic Development Fax: 678-242-2499 i 13000 Deerfield Pkwy, Ste 107F Website: www.cilyofmiltonga.us Milton, Go. 30004 INSTRUCTIONS TO OFFERORS Return Proposal to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy, Ste 107F Milton, Ga. 30004 Mark Face of Envelope/Package: RFP Number: RFP17-ED02 Name of Company or Firm Special Instructions: Deadline for Written Questions January 12, 2017 Email questions to Honor Motes at honor.motes@cityofmigonga.us ANT: SEE STANDARD TERMS AND CONDITIONS OFFERORS MUST COMPLETE THE FOLLOWING Offeror Name/Address: Authorized O f ror Signatory: Buxton Company 2651 South Polaris Drive David Glover, Chief Financial Officer Fort Worth, TX 76137 Please print name and sign in in!g_ _ Offeror Phone Number: Offeror FAX Number: —� (817) 332-3681_ (817) 332-3686 Offeror Federal I.D. Number: Offeror E-mail Address: 75-2541014 _ dglover@buxtonco.com ()I'I iiRc)RS NII `Sl' RE;T["RN TFIIS COVI,R SFII.:F. f' Wll'FI RFP RESPONSE: PHONE: 678.242.2500 FAX: 678.242.2,99 — - ' rr�ciww -- vs ccis — R -c.,,I,i„ J * InfoQcityofmiitonga.usIWww.cityofmilton mus Community ci`va 13000 Deerfield Parkway, suite 107 1 Milton GA 30004 � �-.\,W -,IF 4 1 RFP 17-ED01 HOME OF ' 1V1 r. TA0I ISIIFn 200(, CITY OF MILTON DISCLOSURE FORM MUST BE RETURI`I'ED WITH RESPONSE This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Offeror Buxton Company 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.) not applicable 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 not app licable __ not applicable 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: not applicable not applicable 5 RFP 17-ED01 HOME OF ' lip FSTAKIASl lrn 200c, RFP# 17-ED01 PROPOSAL LEITER (Bidder to sign and return with proposal) We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP) - Recruitment Market Study 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 Si naturel9 201 % —Date Print/Type Name David Glover Print/Type Company Name Here_ Buxton Company 6 1 RFP 17 -Enol HOME OF ' FSTARI ISI -11 V 2006 STATE OF _Texas _ COUNTY OF Tarrant 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: 845965 Federal Work Authorization User Identification Number 1/20/2015 Date of Authorization Buxton Company Name of Contractor Recruitment Market Study 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 _OZ a, 2017 in Fort Worth (city), Texas state). GOT - - — Signature of Authorized Officer or Agent David Glover Printed Name and Title of Authorized Officer or Agent SUED ND RN BEFORE ME ON Is T J ua 2017. N tary P lic [NOTARY SEAL] -TAIS 10 E pires- UC EP7 OF ADDENDUM fl RFP U -MM Upon receipt of documents, please remail, Wax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Ploy Suite 107F Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@citYofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANV (jAA//jE: Buxton Company CONTACT PERSON: David Glover ADDRESS: 2651 South Polaris Drive CjVy: Fort Worth PHONE: (817) 332-3681 STATE: TX ZIP. 76137 FAX: (817) 332-3686 EM(AIIL,,A�DDDRESS: dglover@buxtonco.com """`J 1/19/2017 Signature Date ADDENDUM #1 1 1 F'ci-,e ADDENDUM el RFP 17-ED001 QUESVONS A CITY OF MILTON ANSWERS 1 - Has there been a previous survey conducted to measure what retail/services ore desired (and not desired) by the community? No 2 - Will you calibrate zoning and land use regulations to facilitate the kind of retail/services that are sought? We will provide the consultant with future land use maps and zoning maps to be used to assist in identifying nodes of potential growth. 3 - Can you please provide an example of the type of "superior online web - mapping platform" you would like to implement? A solution that provides a centralized visual mapping of current and potential locations and integrates the data collected to assist in strategizing potential new businesses and to make the best site selection decisions. We are looking for a more customized version of what Mphareffa iso currently offering:-ittp://www.selectcilpharetta.comj 4 - What is the budget for the project? $50,000.00 P 7 >G I �,ddena;;ri r 1 i Request for Proposal No. RFP 17-EDO l RECRUITMENT MARKET STUDY NOME OF ' TO CSTA1tLI5111'U 2006 Prepared by: Robb Miller Submittal Date: January 24, 2017 BuNlLcon Page 1 of 10 A. CORPORATE BACKGROUND AND QUALIFICATIONS Buxton Company is the industry leader in customer analytics and experts in driving retail growth. Buxton is a privately held company with more than 130 employees, no debt, and no outside investors. We are proud of our ability to offer unbiased, data driven analytics services to our clients. We have no relationships with real estate brokers or outside third parties who might try to influence the site analytics provided to a client. We work only for our clients and have only their best interests at heart. Our office is located at 2651 South Polaris Drive, Fort Worth, Texas 76137, and our areas of specialty are analytics for the retail, restaurant, healthcare, and public sectors. Since our founding in 1994, Buxton has been a leading force in retail site selection and development. We are recognized for creating solutions that provide results. Buxton began as a service to help retailers make informed site selection decisions by understanding their customers and precisely determining their markets. Buxton soon realized that the company's expertise in retail site and market analysis could also be leveraged to benefit communities desiring retail expansion. More than simply providing data, Buxton supplies custom marketing materials and strategies targeting the unique site requirements of retailers, developers, and commercial real estate brokers. Buxton clients achieve outstanding success using our tools for retail identification, selection, and recruitment. Clients benefit from Buxton's unique understanding of site selection from the retailer's point of view. Grow Your Community. Create new, permanent jobs that will satisfy your citizens' desire to shop at home; retain dollars currently spent outside of your community and maximize revenue growth to fund city services ® Leverage Buxton's Retail Industry Expertise. Establish credibility with decision makers by providing factual evidence to support your site and gain a competitive position by leveraging our experience: ® 3500+ total clients from the retail, restaurant, healthcare, and public sector industries ® 750+ public sector clients nationwide ® 35+ million square feet of retail space recruited ® 500+ cumulative years of retail management and economic development experience Access Your Buxton Solution with Ease. Utilize your best -in -class retail recruitment solution via SCOUT'"' with the touch of a button from any mobile device; gain answers to your retail recruitment and site analysis questions and have the big picture in the palm of your hand Develop ca Long -Term Partnership. Receive personal guidance and ongoing insight into key industry topics 2651 South Polaris Drive Fort Worth, TX 76137 1-838-213lIXTON www.buxtorico.com Btraon Page 2 of 10 Bo BENEFITS OF PARTNERSHIP Buxton will make every effort to ensure that the City of Milton is more than satisfied with our solution. Buxton recognizes that the City of Milton is seeking a retail development strategy that maximizes the retail and restaurant potential for the City as well as provides business retention tools and an analytic portal to customize reports. Our proposed solution will help the City of Milton meet its objectives by providing the full Scope of Work as outlined in section 3.2 of the RFP. Buxton Differentiators In addition to the benefits outlined below, Buxton confirms its ability to provide the following firm differentiators as outlined in Section 3.3 of the RFP: Personalized Content, Long-term Partnership, Exclusive Access, and Web -based Deliverable Buxton Strategic Relationships Buxton is engaged in an agreement with one of the largest credit card companies in the world. Buxton's customer analytics have the ability to incorporate aggregated and de -identified data to help you enhance your location and customer intelligence. Best -in -Class Capabilities Buxton relies on its best -in -class data and technology to provide the best possible experience for all of our clients. Buxton manages ninety (90) terabytes of data maintained in-house with more than 250 national databases. Our data sources allow us to solve the most complex questions in the retail and healthcare industries today. Our continual advances in technology, data, and methodology, including our SCOUT platform, have allowed us to outpace and out -think our competition and have kept us at the leading edge of big data analytics. Our best -in -class data and technology also provide us with unparalleled ability to scale our business and solutions to meet our clients' ever-changing needs and to answer their most challenging business questions. SCOUT The most technologically advanced, simple -to -use, data visualization tool in the market, SCOUT, is used by executives to execute real estate, marketing, and operational strategies and to answer complex business questions. SCOUT is web -based, extremely easy-to-use, and is accessible on any computer or iPad/tablet with an Internet connection. SCOUT provides your team with access to your unique deliverables, both in the field and in the office, to conduct demographic reporting with the click of a mouse or a touch of a finger on an iPad/tablet. Customer Service There are a number of things that differentiate Buxton from its competition, but we are most proud of our service to our clients. We are committed to exceeding your expectations and helping you optimize your organization. As a Buxton client you will constantly be impressed by our attention to detail, our responsiveness, and our never- ending drive to assist you. Our number one goal is to ensure you are beyond satisfied with our solutions and that we are able to solve your most pressing and important business questions. First and foremost, at the heart of our company's culture resides a spirit of unparalleled service to our clients. We take pride in our "whatever it takes" attitude and in making you, our client, successful. We go the extra mile to take care of our clients and to ensure their business needs are proactively met. 2651 South Polaris Drive; fort Worth, TX 76137 1-888-26UXTON www.buxfonco.coni Btraon­ Page 3 of 10 Multiple Data -Driven Solutions Buxton's household -level data can be used to support local government decisions in a variety of areas. Key examples include city services analysis (such as library and fire services) and hotel feasibility studies. These analyses may be conducted under a separate scope of work as part of Buxton's ongoing partnership with the City of Milton. Insight Into Retail/Restaurant Concepts One of the elements that sets Buxton apart in the retail recruitment service industry is this: we are a company that was founded by retailers. Today, we continue to be the leading customer analytics firm for retailers and restaurants. Our city government clients benefit from using the same type of analytics technology and research that our retail clients depend on to make critical location investment decisions, and our site reports are known and trusted throughout the retail industry. Current retail and restaurant clients include, but are not limited to, the following: ® Aaron's ® Bojangies' ® Sally Beauty ® California Pizza Kitchen ® Anthropologie ® Bed, Bath & Beyond ® Zaxby's • Tuesday Morning ® Which Wich ® Pier 1 Imports C. IMPLEMENTATION PLAN ® Edible Arrangements ® Wingstop ® Avenue ® Firehouse Subs • O'Reilly Auto Parts • Honeybaked Ham • Restoration Hardware ® Lowe's ® McAlister's Deli ® At Home City of Milton's Objectives: 1. Recruit new retailers and restaurants 2. Retain existing retailers and restaurants 3. Understand current retail and restaurant economic condition Retail Recruitment and Retention Solution: Your Community Profile Our solution is a total marketing strategy that enables community leaders to understand the consumer profile of their residents and to identify specific retailers and restaurants who seek a market with household purchasing habits just like yours. This solution provides you with the ability to actively pursue identified retailers, making a compelling case for their expansion to the City of Milton by utilizing custom marketing packages that Buxton will create for you. You will have access to the same analytical information and insights retailers depend on today to make site selection decisions. This knowledge will provide you with instant credibility and the ability to differentiate your community. Step 1 - Research Your Community Buxton uses over 250 consumer and business databases that are updated regularly and compares your potential sites to the universe of all competing sites operating in the U.S. We define your current retail situation and those in any neighboring communities that impact your retail environment. 2651 South Polaris Drive Fort Worth, TX 76137 1-888-2BUXTON www buxtonco.com iffuaon Page 4 of 10 Step 2 - Define and Evaluate Your Trade Area Customers shop by convenience, measuring distance based on time, not mileage. We will conduct a custom drive -time analysis to determine your trade area using our proprietary methodology and knowledge of individual retail clients' actual trade areas. Your drive -time trade area will be provided to you as a map that accurately depicts your consumer shopping patterns, Step 3 - Profile Your Trade Area's Residential Customers Your community profile will analyze every household in your drive -time trade area. Based on more than 7,500 categories of lifestyles, purchase behaviors, and media reading and viewing habits (psychographics), the households in your trade area are assessed to gain an understanding of the types of retailers that would be attracted to your site. Step 4 - We {Match Retailers and Restaurants to Market Potential Buxton will match the consumer profile of your community's trade area against the customer profiles of 5,000+ retailers in our proprietary database. We will identify the similarity between the two profiles analyzed using Buxton's proprietary retail matching algorithm to determine if your site presents an attractive opportunity for each retailer. We then qualify the list of matched results to verify that a retailer is currently operating or expanding, that they operate in similar sites, and that your site affords adequate buffer from competition and cannibalization to be realistically considered. Step 5 - We Create Marketing Packages Buxton will assemble individualized marketing packages for up to twenty (20) targeted retailers. We will notify each retailer's key real estate decision maker by letter, informing them that they have been qualified by Buxton as a potential viable fit for your site and should expect to be contacted by a representative of the city. Your marketing packages will be delivered to you in SCOUT and include a: 1. Map of the retail site and trade area 2. Map of the retailer's potential customers 3. Retailer match report that compares the site's trade area characteristics and consumer profile with the retailer's sites in similar trade areas Solution Deliverables: ® SCOUT Touch access ® Drive time trade area maps ® Retail site assessment ® Retailer -specific marketing packages (for up to twenty (20) retailers) ® Mobile tablet device at completion with pre -loaded findings Multi -Year Deliverables (Optional): Years 2 and 3 of this agreement, should the City of Milton elect to auto -renew its partnership, will include a Retail Recruitment model refresh, retail marketing packages, full access to SCOUT and SCOUT Touch, and ongoing account management support. To effectively initiate this project, we request that you provide the following: 1. Project Liaisons Please designate a primary point of contact from your community to coordinate with the Buxton team. 265' South Polaris Drive Fort Worth, TX 76137 1-888-2BUXTD1\1 www.buxtonco.com Buuon Page 5 of 10 2. Community Information and Reports • Logo (vector file - request from your ad agency and/or printer) • Addresses & descriptive information for the specified sites that will be evaluated • List of planned retail, commercial or mixed use developments (either proposed or in development) • List of major, national or regional retailers that have closed, left or moved from the community 3. Project Launch A conference call with your representatives and the Buxton project team will officially launch the project. The project launch will occur when: 1. An agreement is executed 2. The initial payment is received, and 3. The Community Information and Reports are received Items to bolster the Recruitment Strategy will include: • Provision of updated contacts for retailers • Issuance of warm-up letters on your behalf to "break the ice" with retailers • Attendance to conference calls with community and retailers, when available • Continued monitoring of progress with retail outreach and advice on how to enhance marketability to retailers To ensure we deliver our analysis to you within the promised timeline, our account manager will be working directly with a dedicated project manager who oversees the smooth and timely development of all public sector client projects in our internal analytics departments. The Buxton account management team is dedicated to your success and a world-class client experience and partnership. Access and Use Your Retail Recruitment Solution via SCOUT Touch Buxton's Retail Recruitment solution will allow you to actively recruit retailers to your community and support existing businesses with the push of a button in SCOUT Touch, providing you with crucial information about your community, your trade areas, your residents, and much more. SCOUT is a web -based platform that is accessible on any Windows or iOS enabled device with an Internet connection. It is designed to give decision -makers in your community access to the data and solutions that will assist them in making better business decisions. The Retail Recruitment solution includes one (1) mobile tablet device that will be provided at completion and pre -loaded with all key findings. This mobile tablet device, possession of the City of Milton, enables four (4) SCOUT users with the ability to run demographic and trade area profile reports, and view maps and other data elements. Identifying and quantifying key variables that impact your community, you will acquire insights from these findings that will provide you with a strong understanding of retail recruitment and business retention efforts. In Buxton's SCOUT Touch you will be able to: • Identify retail matches • Run variable reports • View city limit maps • Run healthcare reports • Run demographic & consumer propensity reports 2661 South Polaris Drive Fort Worth, TX 76137 • See aerial view • View physician intelligence • Run comparable reports • Run retail leakage/surplus reports 1-888-2BUXTON www.buxtonco.corn 131rdon Page 6 of 10 SCOUT Technical Requirements SCOUT can be accessed at the following URL: www.buxtonco.com SCOUT is a web -based platform accessible on any desktop, laptop or mobile tablet device that has Internet connection. An iPad Air 2 is suggested by Buxton for the best user experience. Android tablets are not supported by Buxton's Helpdesk. Minimum browser requirements are Internet Explorer 10, Safari 5, Chrome 21 or Firefox 14. Buxton's Helpdesk (1-817-332-3681) is available during normal office hours (8:00 AM -5:30 PM CST, excluding weekends and public holidays). Buxton's Helpdesk team will be available to support all educational, functional, and technical inquiries and will respond to all requests within twenty-four (24) hours of submission. D. PROJECT TEAM Once you have engaged Buxton to work with you, a project team will be assigned to guide you through the entire process—from initial data collection to final presentation of the results. This team consists of: • Senior Account Executive, who will serve as your primary source of communication during the project: Matt Tate (e) mtate@buxtonco.com (p) 817.332.3681 (f) 817.332.3686 • Professionals with backgrounds as retail executives and economic development practitioners who will address your unique challenges and help maximize your opportunities. • The organizational chart below outlines the key personnel who will be involved in the project. o Personnel reporting to Cody Howell are responsible for ensuring that the initial analysis is conducted smoothly and for providing support to the City of Milton throughout the implementation phase. o Personnel reporting to Adrian Harvey are responsible for the data analysis and recommending retail matches. o Bryan Purdy is responsible for the team that manages the development and client technical support for SCOUT, the analytical mapping and reporting platform that will house the City of Milton's solution. Cody Howell Adrian Harvey Bryan Purdy SENIOR VICE PRESIDENT SENIOR VICE PRESIDENT SENIOR VICE ur DENT OF OPERATIONS OF IT Robb Miller DIRECTOR OF SALES Brian Demers SENIOR ANALYST Matt Tate so SENIOR ACCOUNT EXECUTIVE Diana Dirks SENIOR ANALYST lanelle Guinn PROJECT MANAGER ® All team members can be reached at (817) 332-3681 and are located at 2651 South Polaris Drive, Fort Worth, TX 76137. 2651 South Polaris Drive Fort Worth, TX 76137 1-888-2BUXTON www.buxtonco.com Btr,wir Page 7 of 10 Cody Howell, Senior Vice President chowellC- buxtonco.con i As Senior Vice President, Cody leads Buxton's account management team for all industries as well as the public sector consulting division. He helps io build and maintain the partnerships with retail, restaurant, healthcare and city government clients ensuring they receive the guidance necessary to get the most from their custom analytics solutions. Cody also advises municipalities on retail economic development and planning initiatives, helping to shape growth strategies for client municipalities nationwide. Prior to joining Buxton, Cody held leadership positions with Home Depot. Robb Miller, Director of Sales rmiller- buxtonco.com As a Director of Sales for Buxton's public sector division, Robb advises municipalities on economic development and planning initiatives through community analytics. He assists communities in the Southern region of the United States in identifying retail and economic development potential. Robb holds a bachelor's degree in history from Texas Christian University. Matt Tate, Senior Account Executive mtate4buxtonco.com As a Senior Account Executive in Buxton's public sector division, Matt guides communities through the process of implementing and maximizing Buxton's services. He is a helpful resource for communities across the United States, ensuring that they have the resources and training they need to achieve their retail economic development goals. Before joining Buxton's public sector division, Matt was an account executive in our private sector division, assisting retail and healthcare clients with site assessment and marketing initiatives. He holds a Bachelor of Arts in Mass Communications/Media Studies from Harding University. Janelle Guinn, Project Manager iauinn.a huxtonco.com As a project manager in Buxton's public sector division, Janelle guides communities through the process of implementing and maximizing Buxton's services. She is a helpful resource for communities across the United States, ensuring that they have the resources and training they need to achieve their retail economic development goals. Before joining Buxton, Janelle was a project manager for OSM Global and brings over ten years of management experience in various roles. She holds a Bachelor of Science in Business Administration from Northwestern State University of Louisiana. 265? Sou h Polaris Drive Fo,r Wori h, 'i `r; 7,157 1-888-2BUXTC),iN www.buxtonco.cor . Btraon Page 8 of 10 Adrian Harvey, Senior Vice President of Operations aharvevs buxtonco.com As SVP of Operations, Adrian Harvey oversees all of operations, including the analytics and data integration divisions. He is responsible for the development, integration, and application of all of Buxton's solutions. Adrian began his career at Buxton in 2009 as a research analyst and has held numerous analytical and leadership roles within the organization. He earned a bachelor's degree in entrepreneurial management as well as a master's degree in decision science from the University of North Texas. Brian Demers, Senior Analyst bdem9r S# buxtonco.com Brian brings more than 1 1 years of GIS experience to his role as a Senior Analyst at Buxton. During his tenure at Buxton, Brian has assisted dozens of communities across the country with retail recruitment and economic development. He has extensive experience working with communities differing in size, demographics, and expenditure habits. His duties include trade area and customer profile analysis, retail matching, and report generation. Brian received his Bachelor of Science degree from Westfield State University in Geography and Regional Planning. He also holds a Master of Science degree in Geography/GIS from Oklahoma State University. Diana Dirks, Senior Analyst ddirks4buxtonco.com As a Senior Analyst in the public sector division, Diana focuses primarily on working with communities to help recruit retail and achieve growth in economic development. Since joining Buxton in 2005, Diana has held positions in spatial analytics and account management. She began as a GIS intern and is now a senior analyst. Prior to joining Buxton, Diana worked at the Fort Worth Hispanic Chamber of Commerce as an executive assistant. She holds a bachelor's degree in Geography from Texas ASPM University and received her GIS Certification from the University of North Texas. Bryan Purdy, Senior Vice President of Information Technology bpurdv(&- buxtonco corn As SVP of Information Technology, Bryan is responsible for the operations of the entire IT department as well as the evolution of Buxton's proprietary analytics platform, SCOUT. Purdy has been with Buxton for 10 years and has led many of the company's strategic IT initiatives. Before joining Buxton, Bryan worked for TXU/CapGemini Energy as an application developer. He has a bachelor's degree in Management Information Systems from the University of Oklahoma. 255. SOu; . olaris Dr've For' V'or`h. ". 76131 1-833-2EUXl01\' w�aev.Cuxtcn o.. om Btralon Page 9 of 10 Staff Vacancies Buxton's business operations are designed to function as teams across al! of its departments, including our analytics and account management divisions. Thus, in the event of staff vacancies as a result of vacation, illness, attrition, etc., one or more members of the Buxton Account Management Team will be available during normal office hours (8:00 AM -5:30 PM CST, excluding weekends and pubiic holidays) to support all retail recruitment inquiries and requests. The Buxton Account Management Team strives to respond to all requests within twenty-four (24) hours of submission. E. WORK PLAN The City of Milton will ! Page 10 of 10 Reference #1: City of Waxahachie, Texas • Contact Person: Doug Barnes, Director of Economic Development ® Telephone Number: (469) 309-4120 ® Email Address: dbcrnes@waxahachie.com • Scope of Work: Retail recruitment analysis in Waxahachie, TX ® Description: Struggling to prove to retailers that it had the population base to support development, the City of Waxahachie turned to Buxton to validate its retail trade area. In 2013, Buxton conducted a full analysis of Waxahachie's retail sector, including psychographic analysis of how Waxahachie's residents behave as shoppers. With the help of this analysis and other Buxton tools and resources, the City was able to present a convincing case to potential retailers and developers. In 2015, the City announced a new 227,000 sq. foot retail development and announced eight retailers by the summer of that year. Reference #2: Celina Economic Development Corporation ® Contact Person: Corbett Howard, Economic Development President ® Telephone Number: (214) 282-0732 ® Email Address: corbett@celinaedc.com ® Scope of Work: Retail recruitment analysis in Celina, TX ® Description: Buxton's analytics gave Celina the validation it needed to win retail development, even with a small population of 9,000. By going beyond demographics and showing the impact of the market trade area, Celina was able to present a convincing case for new investment. The major breakthrough came when Celina recruited McDonald's. The location performed well, leading to investments by Dickey's Barbecue Pit, Subway, Kwik Kar, CVS, and others. The city credits Buxton's 12 -minute drive -time analysis with convincing retailers of Celina's true market potential, and has a list of retailers and developers clamoring to do business with the city. Celina has plans for retail outlets, medical centers, sports and recreation facilities, and hospitality offerings. Reference #3: City of Kingsport, Tennessee ® Contact Person: Jeff Fleming, City Manager ® Telephone Number: (423) 229-9381 ® Email Address: jefffleminq@kinasporttn_aov ® Scope of Work: Retail recruitment analysis in Kingsport, TN ® Description: With Buxton's involvement, the City of Kingsport experienced great success in acquiring new retailers for Kingsport Pavilion and East Stone Commons, the city's newest developments. A national furniture retailer was one of the missing pieces for Kingsport. Even in a down economy for new home construction, Kingsport was able to attract power brand Ashley Furniture to its new home in Kingsport Pavilion using Buxton's analytics. Other retailers the city has been able to recruit include Old Navy, Hobby Lobby, Panera Bread, Starbucks, and Kohl's. City management credits Buxton's data for convincing many other national and regional retailers that the area was the right fit for them. 2651 South Polaris Drive Fort Worth, TX 76137 1-888-2BUXTON www.buxtonco.com APPENDIX A Included in the scope of this agreement, Buxton will perform the following services for the City of Milton, GA: A) Develop trade area analysis focused on drive time delineation B) Develop profiles of customers in the trade area based on buying habits, media habits, and lifestyle characteristics C) Assess the retail/restaurant potential of selected sites in the city. Assessment will take into consideration and include: • Population and household increases • Competition • Existing retail firms • Retail leakage/surplus • Retail development in similar cities • Cannibalization • Retail trends • Market viability • Healthcare assessment report • Physician Intelligence report • Platform to customize all reports on demand D) Recommend specific retailers and restaurants that match the City' customer profile E) Match the City customer profiles with profiles of specific retailers and restaurants that would consider the City for a location or expansion F) Prepare custom marketing packages for each of the retailers and restaurants identified and identify the individual in the companies who makes location decisions G) Make other recommendations as seen pertinent to the assessment H) Provide a retail leakage/ surplus analysis 1) Provide an online data base and marketing tool to assist recruitment efforts J) Provide on-going support to the City throughout the one-year contract period K) Provide unlimited access to GIS and staff to help optimize the City's marketing efforts L) Provide information required to retaining and attracting high value, high wage jobs by analyzing how the City benchmarks against competing cities M) Provide information to understand the value of residents and surrounding households when considered as a workforce N) Provide information to understand residents' access to services, retail, healthcare, municipal assets, and other attractive amenities for overall quality of life benchmarks O) Create customized marketing materials to bolster the City's markets potential to retailers 2651 South Polaris Drive Fort Worth, TX 76137 - 1-888-2BUXTON www.buxtonco.com Bitraon 21 i RFP 17 -E -M SECTIONS: COST PROPOSAL HOME OF "- -, LI ON .*t FSTARIISIfF 22006 MUST BE RETURNED WITH PROPOSAL One (1) original and four (4) copies shall be submitted in a separate, sealed envelope before the required deadline. The offerors cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section S. The undersigned bidder, having familiarized themselves with the work required by the RFP, the bid 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: The initial term may be prorated to match our fiscal year which will begin October 1, 2017 Total Price: 60,000.00>yr Print Total Price In Words Fifty Thousand Dollars Per Year Print/Type Company Name Here: Buxton Company / Authorized Signature_OLri/� �cJ" Date Ili 9�I Print/Type Name David Glover Print/Type Title Chief Financial Officer Client#: 66735 18BUXTOCOM ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) TYPE OF INSURANCE 2/06/2017 THIS CERTIFICATE IS ISSUED ASA 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 poilcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Wortham Insurance & Risk Mgmt. 1600 West Seventh Street Fort Worth, TX 76102-2505 CONTACT NAME: ac No Ext : $17-336-3030 a , NII: 817-336-8257 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # 817 336-3030 INSURER A- National Fire Insurance Co of H 20478 INSURED Buxton Company 2651 S. Polaris Drive Fort Worth, TX 76137 INSURER 13: Continental Casualty Company 20443 INSURER C: American Casualty Co of Reading 20427 INSURER D: Lloyd's Syndicate 4444 INSURER E: X COMMERCIAL GENERALLIA131LITY CLAIMS -MADE ® OCCUR INSURER F; THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED `NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. 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LTR TYPE OF INSURANCE DOL IU D POLICY NUMBER POLICY EFF MMIDDIYYW POLICY EXP MMlDD1YYYY LIMITS A GENERAL LIABILITY 5088174785 5/03/2016 0510312017 EACHOCCURRENCE $1,000,000 X COMMERCIAL GENERALLIA131LITY CLAIMS -MADE ® OCCUR PAEMISES Eaoccurrrence$300000 MED EXP (Any one person) $15,000 PERSONAL SADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- EQT__ LOC PRODUCTS - COMP/OP AGG $2,000,000 $ C AUTOMOBILE LIABILITY 5088174821 5/03/2016 05/03/201 Ease D SINGLE LIMIT 1,000,000 X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE �- Per accident $ B UMBRELLA LIAB OCCUR 5088174740 5/03/2016 05/03/201ZGG HE $5,000,000 X EXCESS LIAR X CLAIMS -MADE $5,000,000 OED X RETENTION S1 0.000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITYTORY ANY PROPRIETOR/PARTNER/EXECUTIVEY/ N OFFICER/MEMBER EXCLUDED? ® N / A WC2093007771 5/03/2016 05/03/201 OTH- LIMITS E.L. EACH ACCIDENT S1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POUCY LIMIT $1,000 000 D Errors & PUA16TP451 DN 7/28/2016 07/01/2017 See Below Omissions DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 191, Additional Remarks Schedule, if more space is required) Errors and Omissions: Technology Network Security and Privacy Liability Insurance: Professional - $3,000,000 Each Claim Multimedia Liability - $3,000,000 Each Claim Network Security & Privacy Liability - $3,000,000 Each Claim (See Attached Descriptions) City of Milton GA 13000 Deerfield Parkway Suite 107F Alpharetta, GA 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S746528/M715039 18GLB #S746528/M715039 General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS I. Additional Insureds 2. Additional Insured - Primary And Non -Contributory To Additional Insured's Insurance 3. Bodily Injury — Expanded Definition 4. Broad Knowledge of Occurrence/ Notice of Occurrence 5. Broad Named Insured 6. Estates, Legal Representatives and Spouses 7. Expected Or Intended Injury — Exception for Reasonable Force 8. In Rem Actions 9. Incidental Health Care Malpractice Coverage 10. Joint Ventures/Partnership/Limited Liability Companies 11. Legal Liability — Damage To Premises 12. Medical Payments 13. Non -owned Aircraft Coverage 14. Non -owned Watercraft 15. Personal And Advertising Injury— Discrimination or Humiliation 16. Personal And Advertising Injury - Contractual Liability 17. Property Damage - Elevators 18. Supplementary Payments 19. Unintentional Failure To Disclose Hazards 20. Waiver of Subrogation — Blanket CNA74879XX (1-15) Page 1 of 13 Insured Name: Buxton company Copyright CNA All Rights Reserved. Policy No: 5088174785 Endorsement No: Effective Date: Includes copyrighted material of Insurance Services Office, Inc., with its permission. AWAUFAIL General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through K. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through K. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. 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Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, 6NA74879XX (1-15) Policy No: Page 2 of 13 Endorsement No: Insured Name: Effective Date: copyright CNA All Rights Reserved, Includes copyrighted material of Insurance Services office, Inc., with Its permission. General Liability Extension Endorsement maintenance or use of such land, provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. H. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1, the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or 2. the permitted or authorized operations performed by a Named Insured or on a Named insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products -completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. I. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: CNA74879XX (1-15) Page 3 of 13 Insured Name: Policy No: Endorsement No: Effective Date: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. General Liability Extension Endorsement a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products -completed operations hazard. J. Vendor Any person or organization but only with respect to such person or organization's liability for bodily injury or property damage arising out of your products which are distributed or sold in the regular course of such person or organization's business, provided that: 1. The coverage granted by this paragraph does not apply to: a. bodily injury or property damage for which such person or organization is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless such liability exists in the absence of the contract or agreement; b, any express warranty unauthorized by the Named Insured; c. any physical or chemical change in any product made intentionally by such person or organization; d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. any failure to make any inspections, adjustments, tests or servicing that such person or organization has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; L demonstration, installation, servicing or repair operations, except such operations performed at the such person or organization's premises in connection with the sale of a product; g. products which, after distribution or sale by the Named Insured, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for such person or organization; or h. bodily injury or property damage arising out of the sole negligence of such person or organization for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) the exceptions contained in Subparagraphs d. or f. above; or (2) such inspections, adjustments, tests or servicing as such person or organization has agreed with the Named insured to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This Paragraph J. does not apply to any insured person or organization, from whom the Named Insured has acquired such products, nor to any ingredient, part or container, entering into, accompanying or containing such products. 3. This Paragraph J. also does not apply: a. to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part; b. to any of your products for which coverage is excluded by endorsement to this Coverage Part; nor c. if bodily injury or property damage included within the products -completed operations hazard is excluded by endorsement to this Coverage Part. CNA74879XX (1-15) Policy No: Page 4 of 13 Endorsement No: Insured Name: Effective Date: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. General Liability Extension Endorsement K. Other Person Or Organization Any person or organization who is not an additional insured under Paragraphs A. through J. above. Such additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury for which such additional insured is liable because of the Named Insured's acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: 1. for bodily injury, property damage, or personal and advertising injury arising out of the rendering or failure to render any professional service; 2. for bodily injury or property damage included within the products -completed operations hazard; nor 3. who is specifically scheduled as an additional insured on another endorsement to this Coverage Part. 2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE A. The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non-contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph I.K. of this endorsement, the following sentence is added to the paragraph above: Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY— EXPANDED DEFINITION Under DEFINITIONS the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE( NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entiretv and replace it with the fnllnwinn- 1,1V1-%f40f VAA ( I--10) Page 5 of 13 Insured Name: Policy No: Endorsement No: Effective Date: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. General Liability Extension Endorsement 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company orjoint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing -business -as names (dba) as any Named Insured should choose to employ. 6. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. EXPECTED OR INTENDED INJURY — EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury CNA74879XX (1-15) Policy No: Page 6 of 13 Endorsement No: Insured Name: Effective Date: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office, Inc., with its permission. General Liability Extension Endorsement' Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 8. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 9. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees, iii. add the following additional exclusions. This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement CNA74879XX (1-15) Page 7 of 13 insured Name: Policy No: Endorsement No: Effective Date: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. General Liability Extension Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: • the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co -employee while in the course of the co -employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. • the Named Insured's volunteer workers are Insureds with respect to: UN/A140/UAA (1-9b) Policy No: Page 8 of 13 Endorsement No: Insured Name: Effective Date: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission General Liability Extension Endorsement (1) bodily injury to a co -volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. c. add the following: Insured does not include any physician while acting in his or her capacity as such. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 10. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a, any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b, the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. 11. LEGAL LIABILITY —DAMAGE TO PREMISES A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the first paragraph immediately following subparagraph (6) of the Damage to Property exclusion and replace it with the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: CNA74879XX (1-15) Policy No: Page 9 of 13 Endorsement No: Insured Name: Effective Date: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. General Liability Extension Endorsement Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in the LIMITS OF INSURANCE Section. C. LIMITS OF INSURANCE is amended to delete Paragraph 6. (the Damage To Premises Rented To You Limit) and replace it with the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under COVERAGE A for damages because of property damage to: a. any one premises while rented to a Named Insured or temporarily occupied by a Named Insured with the permission of the owner; and b. contents of such premises if the premises is rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is $200,000. unless a different Damage to Premises Rented to You Limit is shown in the Declarations. D. The Other Insurance Condition is amended to delete Paragraph b.(1)(a)(H), and replace it with the following: (ii) That is property insurance for premises rented to a Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; E. This Provision 10. does not apply if liability for damage to premises rented to a Named Insured is excluded by another endorsement attached to this Coverage Part. 12. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C - Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: @@@@@@@@@@@@@@; or (2) the amount shown in the Declarations for Medical Expense Limit. B. Under COVERAGES, Coverage C — Medical Payments, the Insuring Agreement is amended to replace Paragraph 1.a.(3)(b) with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and This Paragraph B. does not apply to medical expenses incurred in the state of Missouri. 13. NON -OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; CNA74879XX (1-15) Policy No: Page 10 of 13 Endorsement No: Insured Name: Effective Date: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. AWALAVAIL General Liability Extension Endorsement 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 14. NON -OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 15. PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: • Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from CNA74879XX (1-15) Page 11 of 13 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. General Liability Extension Endorsement • Provision 1. ADDITIONAL INSUREDS of this endorsement; or • attachment of an additional insured endorsement to this Coverage Part. 16. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability Personal and advertising injury for which the Insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) that the Insured would have in the absence of the contract or agreement; or (2) assumed in a contract or agreement that is an insured contract provided the offense that caused such personal or advertising injury first occurred subsequent to the execution of such insured contract. Solely for the purpose of liability assumed in an insured contract, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an Insured are deemed to be damages because of personal and advertising injury provided: (a) liability to such party for, or for the cost of, that party's defense has also been assumed in such insured contract; and (b) such attorney fees and litigation expenses are for defense of such party against a civil or alternative dispute resolution proceeding in which covered damages are alleged. B. Solely for the purpose of the coverage provided by this paragraph, DEFINITIONS is amended to delete the definition of insured contract in its entirety, and replace it with the following: Insured contract means that part of a written contract or written agreement pertaining to the Named Insured's business under which the Named Insured assumes the tort liability of another party to pay for personal or advertising injury arising out of the offense of false arrest, detention or imprisonment. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. C. Solely for the purpose of the coverage provided by this paragraph, the following changes are made to the Section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Notwithstanding the provisions of Paragraph e.(2) of the Contractual Liability exclusion (as amended by this Endorsement), such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. D. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. CNA74879XX (1-15) Page 12 of 13 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. ��� General Liability Extension Endorsement 17. PROPERTY DAMAGE —ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 18. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 19. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 20. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the Transfer Of Rights Of Recovery Against Others To Us Condition is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74879XX (1-15) Page 13 of 13 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. This page has been left blank intentionally. General Aggregate Limit - Designated Projects Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART inf It is understood and agreed as follows: 1. For each single designated construction or service project shown in the Schedule above, a separate Designated Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: A. all damages under Coverage A, except damages because of bodily injury or property damage included in the products -completed operations hazard; and B. all medical expenses under Coverage C; that arise from occurrences or accidents which can be attributed solely to ongoing operations at that designated project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Designated Project General Aggregate Limit applicable to any other project. 11. All: A. damages under Coverage B, regardless of the number of locations or projects involved; B. damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single designated project, except damages because of bodily injury or property damage included in the products -completed operations hazard; and C. medical expenses under Coverage C, caused by accidents which cannot be attributed solely to ongoing operations at a single designated project, will reduce the General Aggregate Limit shown in the Declarations. 111. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular designated project. IV. When coverage for liability arising out of the products -completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products -completed GNA74826XX (1-15) Policy o: 5088174785 Page 1 of 2 Endorsement No: EffectiveDate: Insured Name: Buxton company Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. ,> General Aggregate Limit - Designated Projects Endorsement operations hazard will reduce the Products -Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. V. If the applicable scheduled construction or service project has been abandoned and ther restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, such project will still be deemed to be the same project. VI. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74826XX (1-15) Page 2 of 2 Policy No: Endorsement No: EffectiveDate: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office, Inc., with its permission. Additional insured - Designated Person or Organization Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person Or Organization: Any person or organization you have agreed in a written contract or agreement prior to the loss Information required to comolete this Schedule. if not shnwn ahnve will he chnwn in the nprinrnfinnc It is understood and agreed that the section entitled WHO IS AN INSURED is amended with the addition of the following: A. The person or organization shown in the Schedule is an Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused in whole or in part, by: the Named Insured's acts or omissions, or the acts or omissions of those acting on the Named Insured's behalf: 1. in the performance of the Named Insured's ongoing operations; or 2. in connection with premises owned by or rented to the Named Insured. H. However, if coverage for the additional Insured is required by written contract or written agreement, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional Insured with: 1. coverage broader than required by such contract or agreement; or 2. a higher limit of insurance than required by such contract or agreement. C. The coverage granted by this endorsement does not apply to bodily injury or property damage included within the products -completed operations hazard. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74745XX (1-15) Page 1 of 1 Policy No: 5088174785 Endorsement No: Effective Date: Insured Name: Buxton Company Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. This page has been left blank intentionally. CNA Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Person Or Any person or organization you have agreed in a written contract or agreement prior to the loss required to complete this Schedule. if not shown above. will he shown in thn I)arlaratinnc It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer is amended by the addition of the following: Solely with respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work done under a contract with that person or organization and included in the products -completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75008XX (1-15) Page 1 of 1 Policy No: 5088174785 Endorsement No: Effective Date: Insured Name: Buxton Company Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. This page has been left blank intentionally. EXHIBIT "C" Please see Exhibit "A" and Exhibit "B" STATE OF _ COUNTY OF EXHIBIT "D" 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 Date of Authorization Buxton Company (Texas) Name of Contractor Recruitment Market Studv 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 "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 Buxton Company (Texas) 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: I hereby declare under penalty of perjury that the Federal Work Authorization User Identification foregoing is true and correct. Number Date of Authorization Name of Contractor Recruitment Market Study Name of Project City of Milton, Georgia Name of Public Employer 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 "F" See Exhibit `B." HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA, MILTON'W4 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 28, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of an Agreement between the City of Milton and Intercontinental Commercial Services, Inc. to Provide Janitorial Services for Various City Facilities MEETING DATE: Monday, March 6, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (),PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (¢'GES () NO CITY ATTORNEY REVIEW REQUIRED: (,)'SES / J NO APPROVAL BY CITY ATTORNEY: PKAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: p51461ItvI REMARKS: ©*Your r•, _ +*+ PHONE: 678.242.25001 FAX: 678.242.2499 Greeri ic�.e; *'�u Communi IM�c oityoimlltongc.uslwww.cHyohnlRongc.us `_. � 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004-=E•*^E^ ••o.:.. e To: Honorable Mayor and City Council Members From: Carter Lucas, PE - Assistant City Manager Date: Submitted on February 27, 2017 for the March 6, 2017 Regular Council Meeting Agenda Item: Approval of an Agreement between the City of Milton and Intercontinental Commercial Services, Inc. to Provide Janitorial Services for Various City Facilities ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: In 2017 our current contracts for Public Works services will expire. In accordance with our standard procurement practices a Request for Proposals (RFP) was issued to provide janitorial services for the new City Hall facility, Broadwell Pavilion, Bethwell House and the Thomas S. Byrd, Sr. House. The city received ten proposals for this service from various contractors that were reviewed by a selection committee made up staff members representing the various departments. The selection committee evaluated the proposals to determine the most qualified vendor that would provide the best value to the city for this service. The selection committee recommends awarding a contract to Intercontinental Commercial Services, Inc. to provide janitorial services for these facilities in an amount not to exceed $35,412 per year. Funding and Fiscal Impact: Funding for this contract is available in the operations facility maintenance account Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP (February 23, 2107) Attachment(s): Janitorial Services Agreement STANDARD CONTRACT JANITORIAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of 2017 (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 Intercontinental Commercial Services, Inc., a Georgia Corporation having its principal place of business at 1110 Satellite Blvd, NW, Suite 403, Suwanee, GA 30024, (herein after referred to as the "Contractor"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Contractor to provide janitorial services; 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 Agreement, the Project(s), 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: SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A" - City Solicitation Documents Exhibit "B" - Contractor Response/Proposal Exhibit "C" - Scope of Work Exhibit "D" - Contractor Affidavit Exhibit "E" - Subcontractor Affidavit B. Project Description. This Agreement contemplates the provision of janitorial services for various city facilities as described in the Scope of Work at Exhibit "C." 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 Project 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. Timing and Term of Agreement. 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. The term of this Agreement ("Term") shall commence as of the Effective Date, and the Agreement shall terminate, on September 30, 2017, unless sooner terminated as provided herein. City and Contractor shall coordinate a mutually -agreeable start date for Work to begin. This Agreement shall automatically renew for an additional twelve (12) month term unless either party provides written notice of nonrenewal at least thirty (30) days prior to the expiration of the current term. The Lease Agreement shall automatically renew no more than eight (8) times. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by the City. 11. WORK ORDERS A. Work Order Defined. In addition to the basic services specified in the Project's Scope of Work, the City may issue orders ("Work Orders") requesting performance of specific items of Work at unit prices established by Exhibit "B" of this Agreement. B. Issuance of Work Orders. The City's Representative, as identified herein, shall be authorized to act on the City's behalf with respect to Work Orders. All Work Orders shall be in writing and issued by the City's Representative or his or her delegate, and accepted in writing by the Contractor's Representative or his or her delegate. Each Work Order shall specifically identify the location and nature of the requested Work. Before accepting a Work Order reasonably expected to involve more than $5,000 of Work, the Contractor shall provide a cost estimate. A revised cost estimate must be approved in writing by the City's Representative before Contractor may exceed the initially -estimated price for the Work. The City shall follow its procurement policy in processing Work Orders. Ill. COMPENSATION AND METHOD OF PAYMENT A. Payment Terms. City agrees to pay Contractor for the Work performed and costs incurred by Contractor 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 Contractor 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. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Any material deviations in Work performed compared to Work ordered shall be clearly communicated to City before charges are incurred and necessary changes shall be handled through Work Orders as described in Section II above. City shall pay Contractor within thirty (30) days after approval of the invoice by City staff. B. Project Price. The amount paid each month for Work performed and reimbursement for costs incurred shall be the flat monthly price for the basic work, as set forth in Exhibit "B", plus $550 per month for supply of disposable paper products (i.e. toilet paper, paper towels, toilet seat covers, disposable trash bags, and hand soap), plus the cost of performing all approved Work Orders (i.e. "Supplemental Costs") at the unit prices set forth in Exhibit "B". IV. PERFORMANCE REVIEW A. Performance Monitoring. City may inspect the timeliness and quality of Contractor's Work at any time. If City notifies Contractor of any improperly -performed Work or late performance of Work, Contractor shall correct the deficiencies at no additional cost to the City. B. Performance Review Meetings. Representatives for City and Contractor shall meet regularly every three months to review Work performance, at no additional cost to City. In the event of a serious or repetitive deficiency, the City may inform Contractor that it is on Probation status; while on such status, City and Contractor shall meet every month to review performance, at no additional cost to City. Contractor shall remain on Probation status until two successive months of acceptable performance have elapsed. C. Liquidated Damages. Contractor specifically acknowledges that TIME IS OF THE ESSENCE of this Agreement and that City will suffer loss, inconvenience and additional administrative burden if the Work is not completed timely and properly. The City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed as required. If the City reasonably determines that the Contractor's performance deficiencies have not been solved by the end of any month while on Probation status, the City shall so inform the Contractor at the monthly meeting. As liquidated damages for nonperformance (but not as a penalty), the City shall be entitled to 10% of the Project's invoiced bill for the month in question. If, at the end of the Term, the Contractor has spent fewer than three months of the Term on Probation status and is not then on Probation status, the City shall refund any liquidated damages amounts withheld to the Contractor. This liquidated damages provision shall not take the place of any of City's other contractual rights, including the right to terminate this Agreement for cause. D. Replacement of Unsatisfactory Workers. Contractor shall promptly remove and permanently replace any employee or subcontractor declared by the City to be unsuitable to provide Work under this Agreement, including for reasons of chronic tardiness or absenteeism, improper job attire, unprofessional attitude or behavior, or demonstrated inability or unwillingness to properly perform Work. The City shall have absolute discretion in making this determination, provided it does not act in bad faith. Contractor's failure to comply with this provision shall constitute a material breach of this Agreement. V. COVENANTS OF CONTRACTOR A. Expertise of Contractor; Licenses. Certification and Permits Contractor 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 Contractor under this Agreement. Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of 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. Further, Contractor 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 Contractor as a result of not meeting the applicable standard of care or quality will be provided by Contractor at no additional cost to City. This provision shall survive termination of this Agreement. B. 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 principles of Contractor's profession and industry, Contractor will give written notice immediately to City. C. fReservedl. D. Contractor's Reliance on Submissions by City. Contractor must have timely information and input from City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by City, but Contractor shall provide immediate written notice to City if Contractor knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. E. Contractor's Representative. Tony Kim shall be authorized to act on Contractor's behalf with respect to the Work as Contractor'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. 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 City. As to any approved subcontractors, Contractor shall be solely responsible for reimbursing them, and City shall have no obligation to them. G. 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 City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless City and City's elected and appointed officials, officers, boards, commissions, employees, representatives, Contractors, 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 Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts or omissions 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 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 Contractor, its subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts 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 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. H. 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 City. Nothing in this Agreement shall be construed to make Contractor or any of its employees, servants, or subcontractors, an employee, servant or agent of City for any purpose. 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 Contractors, 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. 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 City by virtue of this Agreement with Contractor. Any provisions of this Agreement that may appear to give 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 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 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. Contractor agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of 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. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. Insurance. (1) Requirements: 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 Contractor, 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: Contractor 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 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. If a general aggregate limit applies, the general aggregate limit shall be at least twice the required occurrence limit. (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) Fidelity Insurance, Fidelity Bond, or Janitorial Surety Bond providing protection to the City of at least $100,000 and covering dishonest acts of the Contractor's employees or agents. The insurance/bond must cover each and every employee who will be working in the City's facilities and must waive any applicable conviction clause. Proceeds of any Fidelity Insurance or Fidelity Bond shall be applied, first, to satisfy Contractor's indemnification obligations under this Agreement. (d) Workers' Compensation limits as required by the State of Georgia and Employers' Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Contractor is a sole proprietor, who is otherwise not entitled to coverage under Georgia's Workers' Compensation Act, Contractor must secure Workers' Compensation coverage approved by both the State Board of Workers' Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers' Compensation Act. Further, Contractor shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Commercial Umbrella Liability Coverage:$ _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 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 (if applicable) Umbrella Liability Coverage. (i) Additional Insured Requirement. City and City's elected and appointed officials, officers, boards, commissioners, employees, representatives, Contractors, 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 Contractor; products and completed operations of Contractor; premises owned, leased, or used by Contractor; automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. 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 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 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 Contractor for City. (vii) Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by Contractor under the terms of this Agreement, including but not limited to Section V(G) of this Agreement. (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 Contractor for City. (c) All Coverages. (iJ 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 for 10 calendar days if due to non- payment) 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 starting and ending dates. (iii) If higher limits are maintained by Contractor than shown above, the City shall be entitled to coverage for any additional insurance proceeds in excess of the specified minimum limits maintained by the Contractor. (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 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 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 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 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. City reserves the right to require complete, certified copies of all required insurance policies at any time. Contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Contractor's Duty to Provide Notice of Reduction in Coverage: Contractor shall provide written notice to City at least thirty (30) days prior to any reduction, suspension, voiding, or cancellation of coverage. Contractor shall require the same notice to the City in all subcontractor contracts. (8) 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. (9) 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. (10) City as Additional Insured and Loss Payee: City shall be named as an additional insured and loss payee on all policies required by this Agreement, except City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers' Compensation policy. (1 1) Progress Payments: The making of progress payments to Contractor shall not be construed as relieving Contractor or its subcontractors or insurance carriers from providing the coverage required in this Agreement. J. Bonds. (RESERVED) K. Non -Collusion Affidavit. [RESERVED] L. 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) Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "D" and "E" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have 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) Contractor 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; or (3) If Contractor does not hire or intend to hire employees for purposes of satisfying or completing the terms and conditions of this Agreement, in accordance with O.C.G.A. § 13-10-91(b) (5) Contractor shall provide a copy of Contractor's state issued driver's license or state issued identification card and a copy of the state issued driver's license or identification card of each independent contractor utilized in the satisfaction of part or all of this Agreement. Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "D", and submitted such affidavit to City, or provided 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, or provided City with the appropriate state issued identification as noted in sub -subsection (3) 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 Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, Contractor agrees to secure from such subcontractors) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the Contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual 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 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 Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. 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 City, 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 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. Contractor's failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Contractor shall be liable for all damages and delays occasioned by City thereby. Contractor agrees that the employee -number category designated below is applicable to 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, Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. M. Records. Reports and Audits. (1) Records: (a) 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 Contractor 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 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, Contractor 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, Contractor shall make available to City or City's representatives) for examination all Records. Contractor will permit City or City's representatives) to audit, examine, and make excerpts or transcripts from such Records. Contractor shall provide proper facilities for City or City's representatives) to access and inspect the Records, or, at the request of City, shall make the Records available for inspection at City's office. Further, Contractor shall permit City or City's representatives) to observe and inspect any or all of Contractor's facilities and activities during normal hours of business for the purpose of evaluating Contractor's compliance with the terms of this Agreement. In such instances, City or City's representatives) shall not interfere with or disrupt such activities. N. 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 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 City. If City determines that a conflict of interest exists, City may require that Contractor 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 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 City within five (5) business days of becoming aware of the existence of the conflict of interest. Contractor 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. Contractor 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 -Contractor under a contract to the prime Contractor or higher tier sub -Contractor, or any person associated therewith, as an inducement for the award of a subcontract or order. O. Confidentiality. Contractor 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, Contractors, and/or staff to likewise protect such confidential information. Contractor agrees that confidential information it learns or 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 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 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. P. [RESERVED] Q. Authority to Contract. The individual executing this Agreement on behalf of Contractor covenants and declares that it has obtained all necessary approvals of Contractor's board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. R. [RESERVED] S. 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, 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. VI. COVENANTS OF CITY A. Right of Entry. City shall provide for right of entry for Contractor and all necessary 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. Bob Buscemi shall be authorized to act on City's behalf with respect to the Work as City's designated representative on this Agreement; provided that any changes to the terms of this Agreement must be made in writing as provided in Section VIIIA above. VII. TERMINATION A. For Convenience. City may terminate this Agreement for convenience at any time upon providing written notice thereof at least seven (7) calendar days in advance of the termination date. B. For Cause. 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 Contractor within thirty (30) calendar days of Contractor providing City with notice of a delinquent payment and an opportunity to cure. In the event of Contractor's breach or default under this Agreement, City may terminate this Agreement for cause. 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. If Contractor fails to cure the breach or default within that seven (7) day period, or otherwise remedy the breach or default to 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 Contractor for the costs of curing the default against any sums due or which become due to Contractor under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to City for such default. C. Payment Upon Termination. Upon termination, City shall provide for payment to Contractor 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 for hire someone to complete) the Work, as determined at the time of termination, not otherwise covered by the remaining unpaid Project Price for the applicable Project. D. 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 VII(A) above. E. Requirements Upon Termination. Upon termination, Contractor shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible, and not incur any new obligations, unless the City directs otherwise. F. Reservation of Rights and Remedies. The rights and remedies of City and Contractor provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity. VIII. 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 in a written document signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties. C. 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. 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, Contractor 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 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 City's Representative (named above) for City and Contractor's Representative (named above) for 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 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 City of Milton, Georgia 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Mr. Tony Kim 1 1 10 Satellite Blvd. Suite 403 Suwanee, GA 30024 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 Contractor 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 Contractor with the terms and conditions of this Agreement. Further, no express waiver shall affect any Term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations and insurance maintenance requirements. 1. 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. J. Sovereign Immunity; Ratification. 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 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, Contractors, servants, agents, attorneys or volunteers. No such individual shall be personally liable to Contractor or any successor in interest in the event of any default or breach by City or for any amount which may become due to 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 contractual liability, except where Contractor is a sole proprietor. The Parties agree that, except where Contractor is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed and/or asserted only against Contractor or City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, Contractors, servants, agents, attorneys and volunteers. L. Counterparts; Agreement Construction and Interpretation 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. Contractor represents that it has reviewed and become familiar with this Agreement. 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 Contractor 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 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. N. 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 City of law or in equity. IN WITNESS WHEREOF City and Contractor have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] CONTRACTOR: Intercontinental Commercial Services, Inc. Tony Kim Signature: Print Name: Tony Kim Title: Chief Executive Officer [CORPORATE SEAL] (required if corporation) Attest/Witness: Signature: . Print Name: Title: (Assistant) Corporate Secretary (required if corporation) CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] Attest: Signature: Print Name: Title: City Clerk Approved as to form: City Attorney Exhibit A City Solicitation Documents CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: RFP Title: RFP17-PW02 Janitorial Services Due Date and Time: Public Works January 17, 2017 Number of Pages: 76 Local Time: 2:00pm Milton, Ga. 30004 ISSUING DEPARTMENT INFORMATION Issue Date: December 15, 2016 City of Milton Phone: 678-242-2500 Public Works Fax: 678-242-2499 13000 Deerfield Pkwy, Ste 107F Website: www.citvofmiltonga.us Milton, Ga. 30004 Offeror Phone Number: INSTRUCTIONS TO OFFERORS Return Proposal to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy, Ste 107F Milton, Ga. 30004 Mark Face of Envelope/Package: RFP Number: RFP17-PW02 Name of Company or Firm Special Instructions: Deadline for Written Questions January 5, 2017 Email questions to Honor Motes at honor. motes@cityofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS OFFERORS MUST COMPLETE THE FOLLOWING Offeror Name/Address: Authorized Offeror Signatory: Please orint name and sign in ink Offeror Phone Number: Offeror FAX Number: Offeror Federal I.D. Number: Offeror E-mail Address: OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE You PHONE: 678.242.25001 FAX: 678.242.2499 PACEIIWp1� 'Green �� **Certified ; WINNER 5 City of info@cityofmiltonga.us I www.cityofmiltonga.us �ommunityEthics r 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 CERTIFIED BRONT 11,,�`LLI� 2 1 RFP 17-PW02 TABLE OF CONTENTS Offeror's RFP Checklist Disclosure Form Proposal Letter Schedule of Events Section 1: Project Overview and Instructions Section 2: RFP Standard Information Section 3: Scope of Project Section 4: Offeror Qualifications Section 5: Cost Proposal Section 6: Evaluation Criteria Section 7: Standard Contract Information Standard Contract 3 1 RFP 17-PW02 OFFEROR'S RFP CHECKLIST The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton I . 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 -proposal conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the 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 DORS website at htfp://ssi.doas.state.ga.us/PRSapp/PR_Index.jsp and on the City's website at http://www.cityofmiltonga.us will include all questions asked and answered concerning the 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 DOAS website at http://ssi.doas.state.go.us/PRSapp/PR_index.jsp and the City website at htlp://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 Offeror's Response 4 1 RFP 17-PW02 HOME OF ' ()NIr ESTABLISHFD 2006 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH RESPONSE This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Offeror 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 1 RFP 17-PW02 HOME OF ` L y I ESTARI (SHED 200b RFP# 17PW-02 PROPOSAL LETTER (Bidder to sign and return with proposal) We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP) - Janitorial Services. 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 Print/Type Name Print/Type Company Name Here Date 6 1 RFP 17-PW02 STATE OF COUNTY OF HOME OF ' MI-LTON FSTABLISHED 2006 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 Name of Contractor Janitorial Services Name of Project City of Milton. Georaia 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: SCHEDULE OF EVENTS EVENT DATE RFP Issue Date December 15, 2016 Deadline for Receipt of Written Questions 5 PM on January 5, 2017 Posting of Written Answers by City to Websites on or about January 10, 2017 RFP DUE No Later than 2 PM on January 17, 2017 NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) OR THE DOAS WEBSITE (http://ssl.doas.state.ga.us/PRSapp/PR_Index.jsp) FOR ADDENDA AND SCHEDULE UPDATES. SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton is accepting sealed proposals from qualified firms to provide an innovative approach to Janitorial Services for multiple City of Milton Facilities. All Offerors must comply with all general and special requirements of the RFP information and instructions enclosed herein. The City may directly negotiate final terms with the selected service provider(s) . Work under this contract will commence on or about February 24, 2017. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposal (RFP) is issued until an offeror is selected, offerors are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes. Any unauthorized contact may disqualify the offeror from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes Address: 13000 Deerfield Parkway, Suite 107F, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@cityofmiltonga.us Facilities will be open for inspection upon request. Contact Honor Motes for an appointment. 1.2 REQUIRED REVIEW A. Review RFP. Offerors 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 which they discover upon examination of this RFP. B. Form of Questions. Offerors with questions or requiring clarification or interpretation of any section within this RFP must submit their questions in writing via email (preferred), or faxed to the procurement office referenced above on or before 5 PM on January 5, 2017. 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 January 10, 2017. 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 or http://ssl.doas.state. ga. us/PRSapp/PR_index. jsp Offerors must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, offeror 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 offeror'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 offeror'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 offeror 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 offerors submitting a response to this RFP. E. Mandatory Requirements. To be eligible for consideration, an offeror must meet the intent of all mandatory requirements. The City will determine whether an offeror'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. 1.3 TERM OF THE AGREEMENT The term of this Agreement shall commence on or about March 1, 2017 and shall automatically renew, in accordance with the contract documents, each year for an initial term of three (3) years. Upon mutual agreement of both parties the Agreement may be extended on an annual basis for an additional five (5) years. 1.4 SUBMITTING A PROPOSAL Each proposal shall provide a straightforward and concise explanation of the proposer's capabilities to satisfy the requirements of this RFP. Emphasis in each proposal must be on completeness and clarity of content. Proposals shall be submitted in two (2) individually sealed envelopes, one containing the proposal and the other containing the cost proposal. Both envelopes shall be submitted in one sealed and marked package and delivered to city hall by the time and date established in this RFP. The City will score all proposals before evaluating the costs. A. Submittal Requirements. Proposals shall include the following: 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. City of Milton Contractor Affidavit and Agreement (eVerify) (signed) 5. Proposal. Each Proposal Shall be: a. No more than ten (10) single sided pages (5 pages if double sided). Cover page(s), table of contents, tabs, and required forms do not count toward the page limit. b. Minimum of 11 point font Each Proposal Shall Contain: a. Corporate background and qualifications to perform the services required by this RFP. b. Detailed description of efforts your firm or entity will undertake to achieve client satisfaction and to satisfy the requirements of the "Scope of Work" section. i. Describe any attributes, special capabilities or resources available in the firm. c. An implementation plan that describes in detail the methods, including controls by which your firm or entity manages projects of the type sought by this RFP; d. Project Team: i. Project staffing proposals. Include resumes of key project personnel, i.e. project managers and team leaders. ii. Describe the firm's approach to fill staff positions during vacation, illness, attrition, etc... e. Work Plan - provide an anticipated project schedule, any anticipated challenges, and any innovative approaches that may be implemented to provide a more efficient delivery of services. Project schedule should identify all tasks and deliverables to be performed, durations for each task, and overall time of completion. f. Related Projects and References i. Describe at least 3 similar projects with references. ii. Submit the primary contacts (and management hierarchy/organization chart) that will be available for all aspects of the work. Include contacts for customer service and senior management. Identify the management staff to be assigned to this project and their relevant experience and qualifications to janitorial services similar in nature. Provide the number of full-time employees and the number of part-time employees performing the Janitorial/Janitorial services as of the date of submission of your response to this Request for Proposal. 6. Pricing (See Section 5) 7. Applicable Addenda Acknowledgement Forms (if necessary) Offerors must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0. B. Failure to Comply with Instructions. Offerors 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 proposals 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 five (5) copies of each proposal (plus a CD) should be provided to the City. Proposals must be received at the receptionist's desk prior to 2:00 PM, local time, January 17, 2017. Emailed responses to requests for proposals are not acceptable Proposals will be opened at approximately 2:05 pm and names of offerors will be announced. D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the offeror'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 offeror at the expense of the offeror or destroyed if requested. 1.5 OFFEROR'S CERTIFICATION A. Understanding of Specifications and Requirements. By submitting a response to this RFP, offeror 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 offeror 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 offeror so agrees in submitting the proposal. 1.6 COST OF PREPARING A PROPOSAL 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 offeror. The City is not liable for any expense incurred by the offeror in the preparation and presentation of their proposal. 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 offeror 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 offerors. 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 proposals 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 offeror; and (4) other constitutional protections. B. Procurement Officer Review of Proposals. Upon opening the proposals 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 proposal. 2. The proposal does not contain confidential material in the cost or price section. 3. An affidavit from an offeror's legal counsel attesting to and explaining the validity of the trade secret claim is attached to each proposal 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. Offerors 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 proposal is not within the specifications described and required in the RFP. If a proposal is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if an offeror 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 offeror or, if necessary, to seek discussion/negotiation or a best and final offer in order to determine the highest scoring offeror. 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 in terms of differing price, quality, and contractual factors. 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 offeror's proposal 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 offerors outside the formal response or subsequent discussion/negotiation or "best and final offer," if requested, will not be considered, will have no bearing on any award, and may result in the offeror being disqualified from further consideration. E. Opportunity 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 offerors should clarification or negotiation be necessary. Offerors may also be required to make an oral presentation and/or demonstration to clarify their RFP response or to further define their offer. In either case, offerors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the proposal. Oral presentations and demonstrations, if requested, shall be at the offeror's expense. F. Best and Final Offer. The "Best and Final Offer" is an option available to the City under the RFP process which permits the City to request a "best and final offer" from one or more offerors if additional information is required to make a final decision. Offerors may be contacted asking that they submit their "best and final offer," which must include any and all discussed and/or negotiated changes. The City reserves the right to request a "best and final offer" for this RFP, if any, based on price/cost alone. G. Evaluation Committee Recommendation for Contract Award The evaluation committee will provide a written recommendation for contract award. H. 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 offeror 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. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible offeror whose proposal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring offeror 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 offeror. J. Contract Award. Contract award, if any, will be made to the offeror who provides all required documents, provides the best overall value to the city 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. Cancel or terminate this RFP, B. Reject any or all proposals received in response to this RFP, C. Award a contract to the vendor that provides the best overall value to the city, D. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any proposal, E. Not award if it is in the best interest of the City not to proceed with contract execution; or F. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. SECTION 3: SCOPE OF PROJECT 3.1 Background The City of Milton is located in the northern portion of Fulton County and has a current population of approximately 37,547 with a total land area of 39 square miles. The City provides municipal Public Works services through a public-private partnership model and is looking for qualified vendors to provide janitorial services for the following facilities: 1. City Hall - 2006 Heritage Walk (New Facility -Vendors should be aware that Heritage Walk is a new road that is currently under construction) 2. Broadwell Pavilion - 12615 Broadwell Road 3. Bethwell Community Center - 2695 Hopewell Rd 4. Thomas S. Byrd Sr. House - 15690 Hopewell Road iRosrwt( C� ti Johns Creek Figure 3.1.1 - Facility Locations 3.2 General Conditions 1. The City of Milton (City), is seeking written proposals from qualified vendors to provide janitorial services for various facilities owned and operated by the City of Milton. The objectives of the City are to secure a timely, consistent, and cost effective janitorial contract from one Contractor, to ensure clean and safe office facilities for employees and customers doing business with the City. The work covered in this specification includes furnishing all labor, equipment and supervision necessary for complete janitorial service. It shall be understood that in addition to these services, all tasks incidental to cleaning functions not specifically listed but normally included in general janitorial practices, will be provided. The City will consider innovative solutions and alternatives that will best accomplish the desired outcome and provide the best overall value to the City. 2. Square footage of each facility is provided for reference purposes only. Potential proposers should verify square footage and other facility characteristics by personal on-site inspection. Square footage is not the primary indicator of required service levels; proposers should read the specific facility requirements and speak with the designated site contact(s) about the required tasks. By submittal of a proposal, the proposer acknowledges it has performed personal inspections of each work site, and has evaluated the contract services to be provided. The proposer, if awarded the contract, accepts the premises in their present physical condition and agrees to make no demands upon the City for any improvements or alterations thereof. 3. The Janitorial Services contractor is responsible for the cleanliness and sanitation of the building. The description of each service area is to be used as a guideline for the Janitorial Services contractor. The description does not attempt to describe every detail or feature of the facility that is to be maintained by the Janitorial Services contractor. 4. The intent offhis specification is to define the janitorial services requirements for various facilities owned and operated by the City of Milton included in this contract. On the Job Specification Pages for each facility both the task descriptions and the number of days per week, month or year that each task is to be performed are itemized. 5. Notwithstanding any other provisions of this proposal, the Janitorial Services contractor warrants that the services, equipment, and supplies furnished shall be of the best quality as specified in this RFP. Such warranties shall include performance, workmanship, labor, and materials. 6. Subcontracting: No portion of the work covered by these specifications can be subcontracted or assigned without prior approval of the City. Requests to subcontract all or any portion of services required by this contract will be submitted to the City's Facilities & Maintenance Supervisor, or his/her designee, at least thirty (30) days in advance of the proposed effective date of the subcontract. Contractor shall include in this written request a detailed description of how the Contractor plans to oversee the services performed by the proposed subcontractor. Contractor shall be responsible for services provided by any subcontractor as if Contractor were providing the services with its own organization. Any subcontractor who will provide services shall have successfully passed a background check prior to commencing work. Contractor shall bear the expense of any subcontractor background checks. The City may make reasonable investigations deemed necessary and proper to determine the ability of a contractor to perform the work, and the contractor shall furnish the City all information requested for this purpose. 3.3 Performance Standards 1. The contract specifications define the minimum level of service and frequency deemed acceptable. It is intended that the Contractor will schedule his/her operations to meet or exceed these requirements. It is further intended that the Contractor shall put forth a level of effort to provide a thorough cleaning of the facilities, not merely a surface cleaning. Some examples include, but are not limited to: floors shall be waxed and buffed for a gloss shine, carpeted floors shall be completely and thoroughly vacuumed, windows and glass walls shall be cleaned to where all film, smudges, and streaks are removed, and the restroom facilities cleaned and polished to approach the sanitary levels of a hospital. 2. It is the objective of the City to obtain full cleaning performance in accordance with the terms of the specifications and at the quality standards of work set forth in this contract. To this end, the City is contracting for the complete performance of each cleaning job as specified in this contract. Therefore, deductions (Liquidated Damages) for tasks not completed or not satisfactorily completed shall be made in accordance with the schedule detailed herein. 3. The City's Facility Maintenance Supervisor or designee shall contact the Contractor by telephone, fax, or email to notify them of performance issues. The City's Facility Maintenance Supervisor shall also notify the Contractor of written complaint(s) received from building occupants. 4. The City's Facility Maintenance Supervisor or designee shall maintain a file of incoming complaints whether they be written, oral, or by telephone. This file shall contain the date, time, building, name of the person making the complaint, phone number and time the Contractor was notified, or a copy of the notification letter and fax record. 5. Major problems require immediate attention, and shall be responded to and corrected within two (2) hours. Examples of major problems include, but are NOT limited to: toilets not cleaned, not stocking sufficient paper products in large areas, offices not cleaned, or trash not removed, etc. The City's Facility Maintenance Supervisor or designee shall have authority to classify a complaint as major or minor. 6. Minor problems require correction during the next day's normal clean up, however a continuing record of minor complaints shall result in a deduction. Examples of minor problems include, but are not limited to: a trash can not emptied, a small area not vacuumed, toilet paper in one stall out, etc. Failure by the Contractor to respond to specific complaints as stated above, as well as preventing continuing occurrences of such complaints, may result in deductions of invoiced payments or termination of this contract agreement. 7. Proof of performance and adherence to specifications shall be upon the Contractor. Support such as test results, technical data, or other pertinent information shall be supplied by the Contractor at no cost to the City. The City shall be the sole judge as to the adequacy of supporting documentation. 8. Failure to clean an entire building or site shall result in a separate deduction for nonperformance. In the event the contractor doesn't complete all of the required nightly, weekly or monthly services as scheduled and outlined in the specifications, the Contractor will be required to make corrections of all discrepancies at a mutually agreed upon schedule. After three (3) occurrences of nonperformance within a 12 -month period, the City, at its discretion, may begin termination proceedings. The Contractor, to handle an instance of nonperformance, shall send personnel to the missed site within two (2) hours of notification of an event of nonperformance for immediate servicing of that location. However, this shall not relieve the Contractor of being charged the deductions or this counting towards the three (3) occurrences. If the Contractor does not respond in two (2) hours, the City's Facility Maintenance Supervisor may exercise the City's right to terminate for default. 9. Failure of the Contractor to appear on any scheduled workday without the advance approval of the Facility Maintenance Supervisor, or his designee, shall result in the deduction of the total daily cost for that location. 10. Contractor billing shall be done on a timely basis. The successful proposer shall submit monthly invoices for work completed in the previous month. 11. Expectation: The contractor shall render the City facilities clean, defined as" free of dirt, pure, spotless, sanitary, sterile, and uncontaminated". This includes timely removal of trash, dirt, dust, cobwebs, and other waste. 12. Frequency: Janitorial services shall be provided as directed in Section 3.4. For City Hall and the Thomas S. Byrd Sr. House the services shall be provided in the evening (Monday through Friday) excluding City - recognized holidays. Some weekend, after hours, or evening work may be required to accomplish tasks such as carpet shampooing, floor stripping and waxing, and window washing. The task and frequency schedule indicates the minimum acceptable cleaning frequencies. The contractor shall in no way interfere with the normal work of City employees. 13. Holidays: The following eleven (11) days are City holidays on which Contractor may need to provide service. All City facilities are dynamic due to their programmed use; and some locations will require service on holidays, and others will not. Maintenance Services will provide a schedule of which building will require holiday service. New Year's Day, Martin Luther King's Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Day after Thanksgiving, Christmas Day and one day designated by the city manager each year. NOTE: It is expected that the awarded contractor shall be aware of current meeting schedules, holidays and other work routines within the facility and conduct his/her work in such a manner as to cause no interference with the execution of City business. 14. Changes: Changes in the areas serviced and/or specifications may be necessary during the term of this contract. Changes in the contract requirements and corresponding changes in compensation may be implemented upon mutual agreement of the City and the Contractor. All such changes will be processed through the purchasing department. The City reserves the right to add or delete services at any time with 30 days written notice to vendor. If services are requested, the vendor is required to provide a cost estimate detailing them as an attachment to the bid along with prices, where applicable, which may be offered as an addendum for the term of this contract agreement. 15. Deficient Performance: City reserves the right to deduct from the payments due or to become due to the Contractor for deficient performance. The amount of such deductions will be based on the value and extent of the unsatisfactory work. A copy of the City inspection record for the facility, with associated deduction calculation will be furnished to the Contractor prior to a deduction being made. All work determined by the Maintenance Services Manager to be defective or deficient in any of the requirements shall be remedied by the Contractor at Contractor's expense and in a manner acceptable to the City. 16. Liquidated Damages in the form of a one percent (1 %) deduction of the base monthly cost per occurrence, per day, until the deficiency is corrected, will occur as a result of the following events: a. A task is found deficient (either not performed or found unsatisfactory) by the City and not corrected within two (2) hours of notification (either by phone or email), to the satisfaction of the City, either by the Contractor or an alternate source. Tasks found incomplete or unsatisfactory on any scale shall be considered deficient. Examples of deficiencies include, but are NOT limited to: toilets not cleaned, not stocking sufficient paper products in any size area, offices not cleaned, trash not removed, etc. b. Repeated (two or more) occurrences of complaints/deficiencies within the same month. c. Non-compliance to any City -specified and/or Contractor -supplied job schedules, without proper notification of disruption in schedule (see Section III -E). d. Failure to submit complete and accurate schedules and/or daily reports within the required time frame. e. Failure of the Contractor to appear on any scheduled workday without the advance approval of the City. f. If the Contractor fails to correct the deficient work within the two (2) hour time period, the City reserves the right to have the work performed by an alternate source at Contractor's expense. g. The City shall give the Contractor notification of a deduction via email or phone for unresolved deficiencies or repeated complaints and/or deficiencies. h. The City may choose to issue a final warning before a deduction is issued. i. Repeated instances of non-performance by the Contractor will be grounds for termination of the contract by the City. 3.4 Contractor's Responsibility 1. Adherence to All Local, State and Federal Laws and Requirements. The Contractor shall adhere to all current applicable federal, state, and local laws, codes and ordinances. 2. Key Personnel. It is essential that the Contractor provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this contract. The Contractor must agree to assign specific individuals to the key positions. a. The Contractor agrees that, once assigned to work under this contract, key personnel shall not be removed or replaced without written notice to the City. b. If key personnel are not available for work under this contract for a continuous period exceeding thirty (30) calendar days, or are expected to devote substantially less effort to the work than initially anticipated, the Contractor shall immediately notify the City, and shall, subject to the concurrence of the City, replace such personnel with personnel of substantially equal ability and qualifications. 3. The Contractor shall be responsible for, but not limited to, the following: a. adherence to schedules b. maintenance or replacement of cleaning equipment c. notifying City of any personnel changes d. training of new personnel 4. Supervisors. The Contractor shall provide qualified supervision in all areas of operations. The supervision shall work with city personnel in planning and scheduling work for completion of tasks. 5. The Contractor shall furnish only employees who are authorized, competent and skilled for work under this contract. The Contractor shall designate in writing to the City's Facility Maintenance Supervisor, the name of the person assigned as the Contractor's Project Manager with full authority to administer the terms of this contract. The Contractor's Project Manager shall have the capability to receive complaints by telephone, pager, or e-mail to facilitate timely corrective actions. An answering service or answering machine shall NOT be an acceptable means of contact for the Contractor's Project Manager. This representative shall be available Monday through Friday 7:30 a.m. through 5:00 p.m. The Contractor's Project Manager shall be the contract supervisor. The working supervisors shall verify the cleanliness of facilities prior to releasing Contractor personnel each day. 6. The Contractor shall have a competent working supervisor on the job at all times when janitorial services are being performed. Supervisors shall be thoroughly familiar with the content of the bid specifications and intent of the complete agreement. Any violation by the Contractor's personnel of these requirements, or others established by the City, shall result in the removal of the employee from this contract. Termination of this contract may result, at the discretion of the Facility Maintenance Supervisor, for repeated non-compliance of these requirements. 7. Contractor shall meet in conference with the City's Facility Maintenance Supervisor or designee at a time to be agreed upon for administration of work, including review of inspection reports if requested. At a minimum, inspection reports for the previous one month period shall be reviewed by the City's Facility Maintenance Supervisor or designee and the Contractor's Project Manager at the first meeting of the following month. 8. Personnel employed by the Contractor shall be competent, trustworthy and properly trained for the work requirements. The Contractor and employees shall be required to comply with all applicable regulations of the City, as directed, and full cooperation shall be expected and required at all times. Contractor shall notify the Facility Maintenance Supervisor immediately in writing of all changes on contract personnel by submitting name and address of employee and effective date of employment or termination. When in the opinion of the City, an employee does not constitute a satisfactory security risk, his/her employment on the contract will be denied. 9. The Contractor's employees who will work in buildings owned by the City shall be required to be cleared through the City of Milton Police Department prior to employment. The cost of this background check will be the responsibility of the Contractor. Upon receipt of notice of award from City of Milton Purchasing Manager, the Contractor must supply personnel information within ten (10) working days. 10. All personnel shall be in good health and free of contagious diseases. Contractor shall not allow any person(s) under the influence of alcohol or drugs on the premises or in the building. Neither shall the Contractor allow the use or presence of alcohol or drugs on the premises or in the building. 11. All personnel shall wear uniforms, furnished by the Contractor, at all times during the performance of this work. The Contractor's work force shall be neat and clean in appearance and shall wear a uniform with the Contractor's name and/or logo permanently affixed to it. Uniforms shall consist of shirt and full-length pants, and be mutually agreed to by the Contractor and City. Uniforms will at all times be clean and neat in appearance. Closed -toe and heeled shoes shall be worn for proper safety during tasks being performed. Employees shall wear an identification badge with the employee's picture, name and company name on the face of the badge. The badge must be worn in plain sight, above the waist at all times while the employee is on City property. This requirement includes all remote locations. The Contractor's employees are required to provide proper identification when requested by City or security personnel. Any employee that does not comply with this requirement shall be required to leave City facilities. There is no exception to this requirement, which is to ensure only authorized Contractor employees are in City facilities. 12. No person (s) shall be employed for this work that is found to be incompetent, disorderly, and troublesome, under the influence of alcohol or drugs, which fails or otherwise refuses to perform the work properly and acceptably, or is otherwise objectionable. Any person found to be objectionable shall be discharged immediately and not reemployed on this work. 13.The City requires the Contractor to remove all Contractor personnel from City property who are deemed careless, incompetent, insubordinate, objectionable, or whose continued employment on the job is deemed to be contrary to public health, safety and welfare. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, upon City request, the Contractor shall remove that employee from all work under this contract. It is the responsibility of the Contractor to provide the proper training for their employees. 14. The Contractor shall provide sufficient backup staff to cover absenteeism or extend existing work force hours to compensate for absent staff. The backup staff shall adhere to the same background and security screenings as regular staff. The City reserves the right to request additional backup staff as deemed necessary. 15. Unauthorized Personnel Employees of the Contractor shall not be assisted nor accompanied by any individual that is not an employee of the Contractor, while performing duties related to the contract. This includes friends, children and/or other relatives. Employees of the Contractor that violate this stipulation shall be deemed objectionable to the City and shall not be allowed to work in City facilities. 16. Prohibited Items Contractor's employees shall be prohibited in the use or possession of the following items while working on City premises: guns, knives, other weapons, alcohol and/or controlled substances. Contractor's employees shall not be under the influence of alcohol or illegal drugs. Any employee violating this policy shall be removed immediately from City facilities and replaced with acceptable personnel. 17. City & Personal Property of City Personnel. The Contractor shall direct their employees against the unauthorized reading and disclosing of materials and documents available in the facilities of the City and against unauthorized use of City and personal property, such as: telephones, radios, copy machines, computers, terminals, fax machines, calculators, etc., which may be in any of the City facilities. The Contractor shall be responsible to see that Contractor's employees do not disturb papers on desks, tables, or cabinets, and do not open desk drawers or cabinets. Found item(s) shall be turned in at the end of each shift to the Contractor's supervisor. The supervisor shall return the item(s) to the City's Facility Maintenance Supervisor within twenty-four (24) hours. 18. Telephones shall not be used by the Contractor or its employees for personal or business reasons with the following exception (s): to report need of emergency medical aid, fire or need of law enforcement, (use '91 1') and notification to the Milton Police Department of damage as required in this contract. Any calls to numbers other than those above wil be considered a violation of this contract and grounds for immediate termination. 19. Care of Facilities Contractor's employees shall regularly observe the general condition of all buildings and report problem areas to Contractor's supervisor or lead custodian. Contractor shall be responsible for knowledge of and use of all fire alarms and fire prevention equipment. In case of emergency, Contractor's employees shall notify the City's Emergency Center by dialing 911 and shall then call the Facility Maintenance Supervisor, or his designee, immediately. Contractor shall report all required non -emergency repairs by contacting the Facility Maintenance Supervisor, or his designee. 20. Contractor's personnel shall not be allowed in City facilities outside of normal business hours unless they are performing work for the Contractor. All Contractor personnel are required to provide proof of identity when requested to do so by City personnel. Keys shall not be left in the door locks. The Janitorial Services contractor shall be responsible for securing/locking the interior and exterior portions of the building during hours to be specified by the Facility Maintenance Supervisor or his/her designee. All work spaces shall be locked and the lights turned off when cleaning in each area has been completed. Security lights (as directed) shall be turned on prior to leaving the facility. Keys required by the Contractor will be furnished by the City to designated contractor employee and shall be returned to the City on demand. Electronic security system (where installed) shall be properly disarmed and armed each time after-hours access is made. All exit doors are to remain locked while the Contractor is in the space. The Contractor is not to block open occupant or exterior doors for any reason. The Contractor is not to assist entry of anyone except contractor, employees or Police/Fire personnel. Close and lock any exterior windows. Contractor's personnel shall immediately report to their supervisor and City personnel, problems dealing with unauthorized or suspicious persons, conditions indicating theft, break-in or vandalism, and building system failures. The Contractor's employees shall report to emergency personnel situations such as: fire, smoke, unusual odors, broken pipes or floods, and take appropriate safety measures. 21.The Janitorial Services contractor shall be issued building keys, where applicable, for the performance of services as specified herein. Should a lost or stolen key jeopardize the security of the particular City facility, the Contractor shall be solely responsible for all costs incurred by the City in re - keying the lock system. No keys shall be duplicated. 22. Where applicable, the Contractor shall be charged a minimum of one hundred dollars ($100.00) per call -out should Contractor, while in the process of entering or leaving the facility, misuse the security alarm system. 23. The Janitorial Services Contractor will be responsible for all damages to the facility or contents caused by the Janitorial Services Contractor or their staff during the performance of their duties. 24. The Contractor shall protect all furnishings and improvements from damage by its operations. All damage shall be repaired or replaced, at the option of the City, at the Contractor's expense within a reasonable time after notification of such damage. Repairs and/or replacements shall be equal to original in all aspects. 25.The Contractor's employees shall not remove any items from the job sites except that which has been specifically authorized by the City of Milton in writing. 26. Contractor shall instruct all employees performing work within the facility to utilize methods which will maximize energy conservation. This shall include the turning on of light fixtures ONLY IN THE AREAS where work is in progress, and turning off all lights when work is completed. 27. Employee Training Program. The Contractor's employees shall be trained in the following areas, prior to being assigned to work under this contract: a. Proper cleaning techniques required to perform the standards of the specifications, in accordance with this contract; b. Contract specification cleaning requirements, including the use of Green Seal certified cleaning products and other methods (micro - fiber clothes, etc.) to reduce the use of chemicals. This training will be performed at each facility; c. Safe work habits; d. Safe use of cleaning chemicals (right -to -know) MSDS Sheets; e. Safe use of cleaning equipment; f. The use of equipment, signs, barriers, or other devices, to protect the building occupants or equipment; g. Proper handling of hazardous materials and biological waste (blood-borne pathogens); h. Recognizing hazardous or other materials, which are not allowed for use in this contract. Any additional or replacement staff hired throughout the life of the contract shall also complete safety training prior to beginning work in the City facilities. Documentation of training completion shall be submitted to the City's Facility Maintenance Supervisor. 28. The Contractor shall furnish and maintain all equipment necessary for properly maintaining the City buildings. The Contractor shall provide an equipment inventory list, identifying all equipment by age and condition to provide the services required by this contract. Contractor shall furnish and keep in good working order all necessary tools, equipment and supplies, including, but not limited to mops, brooms, buffers, ladders, hoses, vacuum cleaners, cleaning rags, and all other cleaning equipment. The City reserves the right to inspect equipment to be used to perform this contract. Any equipment determined to be in poor condition must be replaced immediately, at the Contractor's expense. Failure to provide suitable equipment for carrying out all requirements of this contract may be grounds for termination. 29. Materials & Supplies. All cleaning supplies, materials, and tools used in the performance of this contract shall be of good commercial quality, suitable for the purpose intended, and shall provide results necessary to provide the high standards of cleanliness required under this contract. All cleaning processes used shall meet high standards of safety and effectiveness for commercial applications in high traffic areas and shall not damage the facilities being cleaned. The City shall have the right to prohibit the use of any process, material, supply or tool which may damage City property or which may be a risk to employees, the public, or others using City facilities. 30. The City will supply all, and cleaning chemical supplies to the Janitorial Services contractor. The Janitorial Services contractor shall supply all equipment and paper products, i.e. toilet paper, paper towels, toilet seat covers, disposable trash bags, and hand soap. City shall also provide at its expense all utilities, including lights, power and water. Contractor shall stock and refill all restroom dispensers, as outlined in this section of the RFP document. 31. Cleaning Schedule a. Cleaning shall not start earlier than thirty (30) minutes after the end of normal business hours as related to each facility. These times are subject to change under the direction of the City's Facility Maintenance Supervisor. For those facilities that are not regularly occupied, Broadwell Pavilion and Bethwell Community Center, the Contractor may propose an alternate cleaning schedule as may be approved by the City. b. The Contractor shall provide the City's Facility Maintenance Supervisor a monthly schedule showing the estimated number of labor -hours, date to be accomplished, and task to be performed, to accomplish the contract requirements. c. In the event an evening meeting is being conducted in a facility, the Contractor shall be responsible for proper cleaning of the used area, provided the meeting ends by 12:00 a.m. All cleaning shall be completed before the start of next normal business day. 32. The Contractor shall, during the term of this Contract, repair any damage caused to real or personal property of the City and/or its tenants, wherever situated, caused by the intentional, reckless, or negligent acts or omissions of the Contractor's officers, agents, or employees, and any subcontractors and their officers, agents, or employees, or, at the option of the City, the Contractor shall reimburse the City for the cost of repairs thereto and replacement thereof accomplished by or on behalf of the City. 33.The Contract Documents consist of the Contract, the Proposal Forms, the Instructions to Bidders, Request for Proposals, all Addendum(s) issued prior to execution of this Contract, these General Conditions, and the Scope of Work. Together, these documents comprise the Contract and all the documents are fully a part of the Contract as if attached to the Contract or repeated therein. Precedence of the Contract Documents shall be as follows: (i) addendum(s) to the Contract Documents, (ii) the Contract, (iii) the General Conditions (iv) the Proposal Forms, (v) the Instructions to Bidders, (vi) the Scope of Work, and (vii) the Request. 34. In computing any period of time established under this contract, except as may be otherwise specified, when referring to a period of time of ten (10) days or less the word "days" means business days (excluding City holidays), and when referring to a period of time of more than ten (10) days means calendar days. 3.5 Facility Services 1. City Hall - 2006 Heritage Walk The City Hall is a 30,400 sf facility and a 1,600 sf Community Building that will be cleaned in accordance with the following schedule and the requirements outlined in this RFP. Cleaning shall include the Community Building located adjacent to the main facility. Contractor shall empty all trash into the internal City provided trash cans and moved to the curb twice per week. Area Requirements (INCLUDES COMMUNITY BUILDING) Weekly Monthly GENERAL Move all trash cans to the curb 2x BUILDING ENTRANCES, LOBBY, COUNCIL CHAMBER & STAIRWELLS Detail entry glass doors 5x Empty trash/replace liners 5x Dust/clean lobby furniture 5x Maintain debris -free entries 5x Empty ashtrays, urns 5x Vacuum carpeted areas/mats 5x Mop all tile/VCT floors with appropriate method for the surface 5x Sweep and mop stairs (if applicable) 1x Dust or dampwipe hand rails and signs (if applicable 5x Wipe down doorknobs and signs 5x Spot clean walls/doors 5x Detail vacuum corners/edges 5x Clean walls, doors, frames, switches, baseboards, high and low dust 1x Move all furnishings in the council chambers and vacuum all carpeted areas 1x RESTROOMS/SHOWER Empty trash/replace liners 5x Clean/disinfect counters 5x Clean/disinfect all fixtures 5x Clean/shine mirrors 5x Clean/fill all dispensers 5x Sweep and mop floors 5x Dust all horizontal surfaces 5x Spot clean walls and partitions 5x Clean/disinfect changing table 5x Spot clean walls, doors, frames, switches 5x Dust vent covers and light fixtures 1x Clean baseboards, high and low dust 1x Pour water down floor drains 1x OFFICE AREAS Empty trash/replace liners 5x Dust furniture without moving files/paperwork 5x Dust partition tops, wall hangings, ledges, & other horizontal surfaces within reach 1x Vacuum carpet traffic areas and spot clean as needed 5x Sweep floors and mop with appropriate method for the surface 5x Properly arrange office furniture 5x Spot clean all glass 5x Remove all fingerprints and smudges from doors and light switches 5x Secure doors and turn off lights 5x Dust vent covers and blinds 1x Detail vacuum corners/edges 1x Clean baseboards, high and low dust 1x KITCHEN/BREAKROOMS Empty trash/replace liners 5x Clean/disinfect counters and sinks 5x Empty and clean coffee maker 5x Sweep and mop floors 5x Clean tables and chairs 5x Wipe exterior of cabinets, appliances, and inside of microwave 5x Dust horizontal surfaces 5x Clean and refill dispensers 5x Dust vent covers and blinds 1x Walls, doors, frames, switches, baseboards, high and low dust 1x ELEVATORS Clean elevator doors and walls (interior and exterior) 5x Monthly Vacuum, spot clean carpet or floor 5x Maintain tracks debris free 5x JANITORIAL CLOSET 5x Organize and maintain 5x 2. Broadwell Pavilion - 12615 Broadwell Road The Broadwell Pavilion is an open air pavilion with two (2) restroom facilities. The facilities will be checked and cleaned on a daily basis. All trash will be removed and legally disposed of by the Contractor. Area Requirements Weekly Monthly RESTROOMS Empty trash/replace liners 5x Clean/disinfect counters 5x Clean/disinfect all fixtures 5x Clean/shine mirrors 5x Clean/fill all dispensers 5x Sweep and mop floors 5x Dust all horizontal surfaces 5x Spot clean walls and partitions 5x Clean/disinfect changing table 5x Spot clean walls, doors, frames, switches 5x Dust vent covers and light fixtures 1x Clean baseboards, high and low dust 1x Pour water down floor drains 1x 3. Bethwell Community Center - 2695 Hopewell Road The Bethwell Community Center is a 1,100 sf facility that runs periodic programs and will be priced two (2) ways. The first as vacant cleaning services and the second as an occupied space. Option 2 will be priced as an add alternate to be executed by the City at any time during the term of the contract if the space becomes occupied by a vendor. All trash will be removed and legally disposed of by the Contractor. Option 1. Vacant Cleaning Services Under this option the facility will be checked a minimum of once per week and immediately prior to and immediately after facility rentals. All of the services required as an occupied space will be checked and completed once per week. Option 2. Occupied Space Area Requirements Weekly Monthly Main Area Detail entry doors 3x Empty trash/replace liners 3x Sweep front porch remove cobwebs 1x Maintain debris -free entries 3x Dustmop floors with appropriate method for the surface 3x Dust or dampwipe hand rails and signs (if applicable 3x Wipe down doorknobs and signs 3x Spot clean walls/doors 3x Clean walls, doors, frames, switches, baseboards, high and low dust 1x Clean disinfect counters and sinks 3x RESTROOMS Empty trash/replace liners 3x Clean/disinfect counters 3x Clean/disinfect all fixtures 3x Clean/shine mirrors 3x Clean/fill all dispensers 3x Sweep and mop floors 3x Dust all horizontal surfaces 3x Spot clean walls and partitions 3x Spot clean walls, doors, frames, switches 3x Dust vent covers and light fixtures 1x Clean baseboards, high and low dust 1x JANITORIAL CLOSET Organize and maintain 3x 4. Thomas S. Byrd Sr. House -15690 Hopewell Road The Thomas S. Byrd Sr. House is a 2,500 sf facility operated by North Fulton Senior Services. The facility will be checked and cleaned on a daily basis. All trash will be removed and legally disposed of by the Contractor. Area Requirements Weekly Monthly Annually BUILDING ENTRANCES, LOBBY, ENTRYWAYS, & STAIRWELLS Detail all entry glass doors 5x Empty trash/replace liners 5x Dust/clean lobby furniture 1x Maintain debris -free entries 5x Dustmop hardwood floors with appropriate method for the surface 1x Dust or dampwipe hand rails and signs (if applicable 5x Wipe down doorknobs and signs 5x Spot clean walls/doors 5x Detail vacuum corners/edges 1x Clean walls, doors, frames, switches, baseboards, high and low dust 1x RESTROOMS Empty trash/replace liners 5x Clean/disinfect counters 5x Clean/disinfect all fixtures 5x Clean/shine mirrors 5x Clean/fill all dispensers 5x Sweep and mop floors 5x Dust all horizontal surfaces 5x Spot clean walls and partitions 5x Clean/disinfect changing table 5x Spot clean walls, doors, frames, switches 5x Dust vent covers and light fixtures 1x Clean baseboards, high and low dust 1x OFFICE AREAS Empty trash/replace liners 5x Dust furniture without moving files/paperwork 5x Vacuum Carpet 1x KITCHEN/BREAKR40MS Empty trash/replace liners 5x Clean/disinfect counters and sinks 5x Sweep and mop floors 5x Clean tables and chairs 5x Wipe exterior of cabinets, appliances, and inside of microwave 5x Dust horizontal surfaces 5x Clean and refill dispensers 5x Dust vent covers and blinds 1x Walls, doors, frames, switches, baseboards, high and low dust 1x JANITORIAL CLOSET. Organize and maintain 5x SECTION 4: OFFEROR QUALIFICATIONS 4.0 CITY'S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the offeror to provide the supplies and/or perform the services specified. 4.1 OFFEROR 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 HOME OF ' iV1 INJ ESTAB .ISHM 200, MUST BE RETURNED WITH PROPOSAL One (1) original and five (5) copies shall be submitted in a separate, sealed envelope before the required deadline. The offerors cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5. The undersigned bidder, having familiarized themselves with the work required by the RFP, the bid 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: The initial term may be prorated to match our fiscal year which will begin October 1, 2017. Total First Year Annual Price (Row 7 from the Facility Pricing Sheet) Print Total Price in Words Print/Type Company Name Here: Authorized Signature Print/Type Name Print/Type Title ate Facility Pricing Sheet Instructions Add price per square foot for janitorial services and the total monthly cost to provide all services outlined in this RFP for each facility. For the Bethwell Community Center the vacant space option will be used in the monthly and annual price calculation. Contractor will provide an add alternate price if the space becomes occupied at any time during the term of this contract. Item Facility Area (sf) Price/sf/month Total Monthly Cost 1 City Hall 30,400 2 Community Building 1,600 3 Broadwell Pavilion 2 bathrooms Bethwell 4 Community Center - 1,100 Option 1 (Vacant Cleaning Services 5 Thomas S. Byrd Sr 2,700 House 6 Total Monthly Cost for all Services (add monthly costs for each facility. Add monthly costs from rows 1-5) 7 First Year Annual Cost (Row 6 X 12 months) [Costs continued on the Following Page] Add/Alternate Cost of Bethwell Community Center Option 2. This will be used to amend the contract terms if the City has a regular vendor to use the space. Facility Area Price/sf/month Total Monthly Cost Bethwell Machine Scrub and Clean Tile Floor Community Center - Option 2 1,100 as an occupied space In any subsequent year the City may consider reasonable price increases upon justification from the Contractor. Any such increases must be presented in writing to the City at least ninety (90) calendar days prior to the end of the contract term. Supplemental Costs: Supplemental costs may be used during the term of the contract at the discretion of the City and are not to be considered in the annual costs. Item Price per square foot Carpet Cleaning Strip and Refinish VCT Machine Scrub and Clean Tile Floor Window Cleaning Price per facility City Hall (including the Community Building) Hopewell House Bethwell House SECTION 6: EVALUATION CRITERIA 6.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the offers according to the following criteria: • A selection team for the City will initially evaluate and score all proposals received. • Proposals not meeting the minimum requirements and those who are non-responsive will not be considered. • Cost Proposals will be reviewed after the review process. The City reserves the right to award the contract to the most responsible and responsive proposal that the City determines provides the best value with price and other factors being considered. Proposal Evaluation Criteria Qualifications of Key Personnel 20 pts. Staffing Plan Team Member Resumes Available Equipment Response capabilities Company History and Capability 30pts. Experience with similar projects Company Stability Innovative or Creative Approaches to Providing the Services that may 10 pts. Provide Additional Efficiencies or Increased Performance Capabilities Cost Proposal 40 pts. Must be submitted in a separate sealed envelope SECTION 7: STANDARD CONTRACT INFORMATION 7.0 STANDARD CONTRACT The City's standard contract is attached to this document as Appendix A. Offerors should notify the City of any terms within the standard contract that either preclude them from responding to the RFP or add unnecessary cost. This notification must be made by the deadline for receipt of written/e-mailed questions or with the offeror'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 offeror at the time of contract negotiation. 7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the offeror'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 A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring offeror. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. 7.2 SUBCONTRACTORS The highest scoring offeror will be the prime consultant if a contract is awarded and shall be responsible, in total, for all work of any subcontractors. All subcontractors, if any, must be listed in the proposal. The City reserves the right to approve all subcontractors. The Consultant shall be responsible to the City for the acts and omissions of all subcontractors or agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by the Consultant. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this 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 Consultant is required to supply the City of Milton with proof of compliance with the Workers' Compensation Act while performing work for the City. Neither the Consultant nor its employees are employees of the City. The proof of insurance/exemption must be received by the City of Milton within 10 working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO VENDORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 7.5 COMPLIANCE WITH LAWS The Consultant must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or subcontracting by the Consultant subjects subcontractors to the same provision. The Consultant agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 7.6 CONTRACT TERMINATION See sample contract. EXHIBIT "B" Intercontinental Commercial Services, Inc. Complete Facility Services 1110 Satellite Blvd. NW, Suite 403, Suwanee, GA 30024 Office (678)530-0401 Fax (678)530-0402 City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy, Suite 107F Milton, GA 30004 Dear Ms. Motes: Thank you for permitting Intercontinental Commercial Services, Inc. (ICS) to submit this proposal to provide the Janitorial Services for the City of Milton. In preparing our proposal, we have inspected your facilities, reviewed your specifications and examined your requirements. ICS's management developed our staffing plan by utilizing ICS's proven productivity standards and by giving careful consideration to the level of performance you expect. Our plan is the best approach for achieving this level in a cost-effective manner. ICS recognizes the importance of promoting a healthier environment both inside and outside of your facility. Therefore, we use only environmentally friendly cleaning products and methods. Our professionally trained staff uses only Green Seal Certified products and offers the most innovative green cleaning technologies, as specified by Leadership in Energy and Environmental Design (LEEDO). We have included in our proposal, a dedicated project manager and a site supervisor who will be exclusively assigned to your facilities, 12 hours a day and 5 days a week, and on call on Saturdays and Sundays. Our project manager and site supervisor will have close communication on a daily basis with your facility manager and we are confident that this will ensure continuity and consistency of services provided by our janitorial staff. Our staff will wear uniforms for a professional appearance and easy identification, be well trained in cleaning procedures, which exceed the expectations of the industry standards. They also report directly to the shift supervisor. It is our policy to train all of our employees at the hiring stage, whether they come to us with years of cleaning experience or are just beginners in the field. This is to guarantee that our clients will always have a well-trained technician at their facility to perform the work tasks. Further, in our training, we stress the need for honesty, professional courtesy, security consciousness, and caution. We never use hazardous chemicals and always provide MSDS sheets for all chemicals. ICS does not and will not discriminate in any form or manner against our employees. To ensure security, our policy requires a criminal background check on all employees. ICS's commitments to the highest quality standards require very important actions. We will mainly concern ourselves with establishing work performance and quality control; to reach above industry standards, and then maintain that quality. While we are in business to make a profit, we stay in business by maintaining a good reputation and by providing the highest quality over our competitors using innovative and improved cleaning methods and state of the art equipment. Thank you again and we look forward to a favorable response. Sincerely, Kelly B. Adamson Vice President of Sales Authorized Representative 1110 Satellite Blvd., NW, Suite 403 Suwanee, GA 30024 Email: ics.emails@gmail.com Telephone: 678-530-0401 Fax: 678-530-0402 v Intercontinental Commercial Services, Inc. Complete Facility Services 1110 Satellite Blvd. NAV, Suite 403, Sup;ranee, GA 30024 Office (678)530-0401 Fax (678)530-0402 RequiredDocuments......................................................................................................... Addendum #1 Acknowledgement City of Milton Request for Proposal Cover Page City of Milton Disclosure form City of Milton Proposal Letter City of Milton Contractor Affidavit and Agreement ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 17-PW02 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite 107F Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor. motes@cItyof milton plams I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME. Intercontinental Commercial Services, Inc. (ICS, Inc.) CONTACT PERSON: Kelly B. Adamson ADDRESS: 1110 Satellite Blvd., NW, Suite 403 CITY: Suwanee STATE: GA Zip: 30024 PHONE: 678-530-0401 FAX: 678-530-0402 E-AAAWADDRESSm ics.emails@gmail.com Signat6Ke ADDENDUM -#I 1/13/2017 Date I I Page RFP I -/-PW02-Addendum #1 RFP Number: RFP Title: I RFP17-PW02 Janitorial Services Due Date and Time: Public Works January 17, 2017 Number of Pages: 76 Local Time: 2:00pm Milton, Ga. 30004 ISS�UING'DEPAkTMENTINFORMAIION.::: Issue Date: December 15, 2016 City of Milton Phone: 678-242-2500 Public Works Fax: 678-242-2499 13000 Deerfield Pkwy, Ste 107F Website: www.cifyofmiltonga.us Milton, Ga. 30004 1 1 INSTRU Return Proposal to: Mark Face of Envelope/Package: RFP Number: RFP17-PW02 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Special Instructions: Office Deadline for Written Questions 13000 Deerfield Pkwy, Ste 107F January 5, 2017 Milton, Ga. 30004 Email questions to Honor Motes at honor.motes@cityofmiltonga.us 'IM.PORTANT::SEE "tTAND,AROTERMS A DCONCD1T1( Offeror Name/Address: Auth Pize Off or7S*atory: Intercontinental Commercial Services, Inc, (ICS, Inc.) '04 O , u__11111'�_ 1110 Satellite Blvd., NW, Suite 403 f, -Dtfol Suwanee, GA 30024 (Please print name in ink) Offeror Phone Number: Offeror FAX Number: 678-530-0401 678-530-0402 Offeror Federal LID, Number: Offeror E-mail Address: 26-0114692 ics.emails(@qmail.com 91,10y, Y0001 PHONE: 678.242.25001 FAX: 678,242.2499 -Green .-ap Cerriftul Lq'jjf Infoftityofmiltonga.us I www.cityofrnIIton9o.us COMMUnIty 4% (22 ._ 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - UIE A11FD 4 RFP 17-PW02 HOME OF ` IE BEST OUAL!TY OF LIFE !fit GEORGIA'N/A MI'LTON'l ESTABLISI-tED 2006 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH RESPONSE This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Offeror Intercontinental Commercial Services, Inc. (ICS, Inc.) Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) 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 27-PWW02 HOME OF 'THEE STQUALITY Or` LiM-c IN' GEORGIA' .M 1 LTON% ESTABLISHED 2006 RFP# 17PW-02 PROPOSAL LETTER (Bidder to sign and return with proposal) We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP) - Janitorial Services. 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 fhis 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. /17 Authorized Signature -� Date 1/16/2017 Print/Type Name Kelly B. Adamson Print/Type Company Name Here Intercontinental Commercial Services, Inc. (ICS, Inc.) 6 1 RFP 27-PW02 HOME OF 'TIF BE 'l QUALITY OF i.JFF N GEORGIA' MILTON ®���YtlL STATE OF Georgia COUNTY OF Gwinnett ESTABLISI IED 2006 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 contractorwith 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: 206424 Federal Work Authorization User Identification Number 4/15/2009 Date of Authorization ICS Inc. Name of Contractor Janitorial Services 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 Jan 16 , 2017 in Suwanee (city), GA (state). t ignature qVAuthorized Officer or Agent }felly B. Adamson, VP of Sales Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 16th DAY OF January, 20 177, C ®���YtlL No ary PublicQ"�l,......e,,r*� f [NOTARY SEAL] �f)T+4gy d My Commission Expires: :, luso,° < �` March 11. 2018 '.►'.. OOUN-6' \s' 1111111111 1, (A) Business History and Relevant Business Experience (B) Service Quality Control Plan (C) Customer Satisfaction Program (D) Project Management (E) References and Organization Chart Intercontinental Commercial Services, Inc. Complete Facility Services 1 l 10 Satellite 'Blvd. NW, Suite 403, Suwanee, GA 30024 Office (678)530-0401 Fax (678)530-0402 Intercontinental Commercial Services, Inc. (ICS) was founded in 1984 and has built a reputation for offering our clients top quality services at the best prices for over 30 years. In the first five years of operation, ICS experienced tremendous success and rapid growth due to their unwavering dedication to providing consistent quality services. Continuing to build upon our initial successes, today ICS is one of the most innovative contracting service companies that offer commercial janitorial services in the industry. ICS is owned and led by current CAO and founder Tony Kim. All Senior Executives of ICS are former leaders of companies that specialized in property management, hospitality services, and/or janitorial services, the vast majority of whom have 20+ years of experience in the industry. ICS currently serves 59 accounts throughout the southeastern United States ranging from municipalities including The City of Smyrna, The City of Marietta, and Cobb County, Georgia, luxury hotels such as the historic Roosevelt Hotel in New Orleans, educational institutions such as Atlanta Technical College, and large government buildings operated by the Georgia Building Authority. ICS is currently providing custodial services to several Atlanta Public Schools (APS) school facilities as a sub -contractor. This gives ICS a great advantage because we are fully aware of the rules and regulations with school standards and requirements in custodial cleaning. ICS also provides full service painting and pressure washing services and has been contracted annually by prestigious institutions such as Georgia Institute of Technology to conduct large projects including painting of the GT dorms and pressure washing of dozens of GT's parking garages. ICS' commitment to our customers and to our employees is what has allowed our company to flourish. We believe that the two are intertwined and inseparable in building a successful and consistent business. Offering competitive wages, benefits, and career advancement opportunities to our staff allows us to retain top tier talent. Retaining top tier talent allows us to give the best, most consistent, professional services to our clients. ICS understands and is appreciative of the fact that our success is due to the hard work and talent that our staff provides, and we do everything we can to support them in achieving their goals. ICS prioritizes professionalism, ethics, and building a sense of community. We have developed a training program which ensures that each and every staff member will conduct themselves in the utmost professional manner and facilitate communication between all branches of operations. We take pride in the fact that ICS has maintained strong relationships with many of our customers for long periods of time, and we believe this is evidence of our customers' satisfaction in receiving quality services at competitive prices. We attribute our success to our employees' hard work and dedication, along with our supervisory staff's ability to recruit, train, and maintain specialized labor forces. Experience with Similar Projects ICS has been providing janitorial services for over 20 years to facilities that are comparable to the City of Milton. A large majority of our contracts are still on-going, and we believe this is due to the excellent service and competitive prices we offer. The services that we have provided have helped our clients represent their facilities in excellent conditions and because of our outstanding management, staffing plans and dedication to customer satisfaction we were able to continue business with our clients while maintaining an excellent business relationship. For example: ICS is the current janitorial services provider for the Augusta Regional Airport. ICS is currently servicing Cobb County Property Management; we have been contracted from 2009 to currently on-going which includes the service of 15 public libraries: Acworth Library, East Marietta Library, Gritters Library, Kemp Memorial Library, Kennesaw Library, Lewis Ray Library, East Cobb Library, Mountain View Library, Powder Springs Library, Sibley Library, South Cobb Regional Library, Stratton Library, Sweetwater Library, Vinings Library and West Cobb Regional Library. In the City of Smyrna, ICS has been awarded many janitorial contracts from the Community Center to the Recycling Center to the City Hall, dating as far back as 2005 to currently on going contracts. In the City of Roswell, ICS is servicing the City Hall (including day porter and night cleaning services), Law Enforcement Center, Water Resources Center, Fire and Transportation Building, the Roswell- Alpharetta Public Safety Training Center, and the Recycling Center. ICS has also been awarded the janitorial contract for 6 Cobb County Police Precincts as well as a training center. Cobb & Douglas Public Health has also awarded ICS 9 individual health centers for the janitorial contract which include: Acworth Public Health Center, Marietta Public Health Center, Douglasville Public Health Center, Douglasville Healthy Behaviors, East Cobb Public Health Center, Cobb Environmental Health Center, Smyrna Public Health Center, South Cobb Public Health Center & Cobb and Douglas Public Health WIC Building. ICS is providing custodial services for the Georgia Building Authority's 2 Peachtree Building and the 2 Peachtree Annex. This contract consists of both day porter services and night cleaning services. ICS is also providing custodial services for the Westin Hotel and Sheraton Hotel located in Birmingham, AL. ICS received new contracts with the Clayton County Water Authority and South Carolina Department of Juvenile Justice for Janitorial Services. To list few of the many large contracts to give an example are; Daniel Corporation which is about 765,000 square feet, Twin Tower & Agriculture Buildings which is over 1,000,000 square feet, Carter USA & Management which is over 365,000 square feet, Home Depot Corporate Office which over 2,000,000 square feet and Shorenstein Realty & Management which is over 500,000 square feet These are just a few of the examples ICS offers as proof of our ability to perform to governmental standards of cleanliness for diverse range of clients operating in different fields All of the above experiences were performed to the high levels of expectations from our clients. To meet their standards we have provided a project management team who was there to ensure quality control and effective staffing plans. We will have a project manager, who will be responsible 12 hours a day 5 days a week, and on call on Saturdays and Sundays. His duties will include making certain that all tasks requested have been performed, whether personally or through a trustworthy supervisor and maintaining inventory of the supplies and equipment services. One of our site supervisors will arrive at the building one hour before the commencement of the initial cleaning to review any possible last-minute change that may have occurred to the schedule. All cleaned areas will be thoroughly inspected immediately upon completion by our Site Supervisor and the City of Milton Facilities Manager, if he or she is available. ICS will make every effort to comply with your requests for additional services in an expeditious manner. Further, we will use visual aids to instruct our on-site shift supervisors, as well as onsite training. All employees will be trained in safety rules and regulation procedures. We will utilize a formalized cleaning schedule to document and monitor all periodic or project type work. Where feasible, activities such as floor waxing, spray buffing, high dusting, and the damp wiping of walls and partitions will be accomplished on a crew basis. Each work crew will consist of specially trained cleaners who will be monitored by a shift supervisor. To ensure quality performance and customer satisfaction, we will institute a comprehensive system of inspections. It will be the responsibility of our Crew Chief to visually inspect one or more work sections each day. As part of this process, the Crew Chief will utilize our rating system to record and interpret observations. A report will be prepared and submitted for review to our corporate managers, Chief Administrative Officer, President, Marketing Director and Operations President. An ICS facility manager will make regular visits to the building to conduct unannounced, random inspections for the purpose of cross checking the daily reports. Rating reports will also be submitted to the Corporate Managers who will then compare this documentation with the supervisor's reports for quality. We will then dispatch technical specialists from our Operations Department who will institute whatever steps necessary to remedy all service deficiencies. Internal Quality Control Each day prior to the start of work, the shift supervisor will meet with the technicians to go over previous night's work performance. Any deficiencies will be dealt with and corrected right away. At the daily meeting of on-site project manager and supervisor, the supervisor will advise the project manager of the ratings that each cleaning team received on their work performance. Each week the team with the highest rating will be rewarded based on their performance. At the end of each year, bonuses will also be given for good performance. In the same spirit, any team member who continuously performs poorly will be first warned, then given a written warning, then finally terminated. At the start of work each day, the supervisor will check for uniforms and badges, log sheets, cleanliness of equipment, and inform workers of any changes in work schedule or specific areas of concern. Any deficiencies in the work performance will be corrected within the next shift. All deficiencies along with the name of the technician, who caused the deficiency, will be reported to the president of operations. Also, all corrected deficiencies will be reported to include technician's name, date and time of correction. External Quality Control There will be a corporate walk through, which will be an unannounced inspection by ICS's management team. The inspection was designed to evaluate the project manager and more importantly, to keep the building in a clean state of acceptance. Since this inspection is very important to the project manager, our company is quite certain that he/she will do his/her best to keep the building clean and in good shape. Also we will make regular, unannounced thorough site inspections with the City of Milton Facilities Manager. The walk-through will be at the convenience of City of Milton Facilities Manager. If there are deficiencies found in the cleaning performance and/or any other concerns from City of Milton Facilities Manager or clients during the walk-through, it will be passed onto the supervisor and technicians immediately. (C) Customer Satisfaction Program The idea of the customer service plan is to ensure positive relations through efficient and effective rectifying of problems in a timely manner. As soon as ICS, Inc. starts working on a building, the company will provide a contact list, which will have our on-site supervisor's name and telephone number, in case someone in the facility wants to call him/her regarding the cleaning. The supervisor will respond to phone calls immediately, and a suitable action will be followed immediately. If our technicians find any damages or items needing repairs, they will report it to our supervisor and he/she will report it to the City of Milton Facilities Manager, and company headquarters. In such manner, customers, the City of Milton, and corporate office will receive valuable information, which will save time and money. All customer complaints/requests will be recorded on supervisor's complaint/request logbook, and we will follow up on that request in a very timely manner. ICS's management is committed to raising the quality of the cleaning standard at your location. We continually work towards the goals of zero defects and 100% customer satisfaction. An ICS's Corporate Manager will visit the facility 2 to 3 times per month without prior announcement to ensure quality and promote a positive working relationship with the City of Milton Facilities manager. A communications logbook will be stored on site for written requests, and used by the City of Milton Facilities manager and the lead cleaning supervisor. A list of management/emergency contacts is available (24-hour telephone access) to ensure safety and responsiveness. Our goals are accomplished through a teamwork approach and close communication with the City of Milton Facilities manager. Start—Up Phase To ensure a trouble-free start-up, ICS's management team works closely with a City of Milton Facilities Manager, to review special requirements, security procedures and other guidelines. This also helps us to effectively schedule periodic cleaning tasks. ICS's management will routinely visit the job -site during the first two weeks to ensure a trouble-free start-up. Equipment Our service workers are provided with well-maintained, commercial grade vacuums/equipment, and the most effective cleaning tools. We are innovative and use state of the art equipment. Presently, we have added to our equipment the "Euro Steam 2100" steam machine. This machine's cleaning capabilities are revolutionizing the cleaning industry. Metro Atlanta Rapid Transit Authority, MARTA, to aid in their deep cleaning at Five Points station, is presently using it. Flexible Proposal While examining our proposal, please note that this specification is simply our recommendation for effectively maintaining the building over time. This proposal is easily modifiable to reflect the concerns of the City of Milton. If at any time you feel that our proposed plan requires updating, we will be more than ready to accommodate your changing needs. Scheduling Periodic Tasks After the first eight weeks of cleaning, we will provide you with a detailed schedule of periodic cleaning tasks. This helps you to verify the quality of our work and the effectiveness of our plan. In addition, it provides our service staff with a detailed and standardized maintenance plan. The periodic schedules will be posted in the janitorial closet. We can provide Color -coded floor plans to help identify "hotspots." (i.e., VIP or other critical areas) Intercontinental Commercial Services, Inc. (ICS) operating and management staff will work closely with the City of Milton Facilities Manager to outline your requirements in detail. Supervisory support staff will be available in the building during the weekend, as well on Monday morning, to render additional assistance to the hourly work force. Prior to the commencement of the weekly cleaning, we will review all aspects of the job with the City of Milton Facilities Manager, to avoid problems when the work is performed. ICS will conduct a joint inspection with the City of Milton Facilities Manager to review those areas that require special attention. We will also note if any furniture or fixtures have been damaged. Our management team will work with the City of Milton Facilities Manager to prepare a schedule for the ideal time when cleaning should begin in each of the areas. One of our site supervisors will arrive at the facilities prior to the commencement of the daily work to review any possible last-minute change that may have occurred to the schedule. All cleaned areas will be thoroughly inspected immediately upon completion by our Site Supervisor to ensure quality control. ICS will make every effort to comply with your requests for additional services in an expeditious manner. Operation Plan ICS will assign an experienced manager who, with assistance from our staff support supervisors, will be responsible for sectioning the building. He will also coordinate the training and orientation of the on-site staff that will be instructed in ICS's methods of operation. Your building will be divided into work sections based on work -time standards to accommodate the daily work load and to develop a schedule for periodic or project work. Only trained members of the work force will be assigned to each section of the building. Employee attendance will be monitored by the project manager and shift supervisor. However ICS will also have backup employees that will be trained in all aspects of the scope of work and will be able to fill in as a backup in the event a regularly scheduled employee should be absent. These employees will all be properly badged and shall comply will all security requirements. The backup employees will assure qualities of services are not disrupted by employee absenteeism and also will secure even distribution of work load for employees. Shift Assignments The shift will be composed of 2 general staff cleaners who will work under the supervisor of the shift supervisor. This shift will commence at 6:OOPM and end at 12:OOAM. The primary duties of the first shift will be policing the grounds and completing the scheduled duties along with other requested work. The first shift will also continuously service the Fixed Base Operations area. There will be a floor technician staffed as needed. This employee will be operating under the time frames of 6:00 PM to 12:00 AM. Their duties will include policing of the facilities and to deep cleaning typical duties as outlined in the service quality standards. The floor technician will also be responsible for the daily Floor Restoration of the Terrazzo Finish floors. KELLY B. ADAMSON 1110Satellite Blvd. NW, Suite 403.Guwenae.BA3OO24 QUALIFICATIONS:Email: ics.emails(a)-qmaii.com Tel: 678-530-0401 ^Over twenty-five years of industry experience ~ Exceptional abipriorities ` Decisive and efficient team -oriented approach • Excellent written and verbal communication Intercontinental Commercial Services, Inc. -Suwanee.EA Vice President ofSales and Marketing, 20OQtuCurrent ° Develop expansion and sales strategies to increase company gross margins. 0 Oversee sales growth, in addition to policy and procedure implementation. a Manage key account relationships and large-scale projects. ° Enhance client trust and confidence, assisting in revamping operations procedures to promote contact and foUow~up. ° Maintain uncompromising focus on customer service to ensure long-term relationships. 0 Coordinate with Operations Team onall contracts toensure strengthened communication channels and efficient company processes. Pinnacle Building Services, Inc. ' Decatur, GA President and CEO, 19D8to 200 ~ Provided janitorial services for over fifty large accounts. • Customers included: Jones Lang LaSalle, Trammell Crow, North Western, Bronnen and Goddard, etc. ° Maintained and purchased equipment, supplies and existing inventories. ° Provided payroll for over one hundred and twenty full-time employees. ° Excelled otcustomer relationships. ° Train new hires and managed existing hires and accounts �1Vr*7_-Nf Nil,; ^ Mercer Atlanta University BA in Business Administration 1979 to 1982 ~ DeKalb Community College TOM S. KIM 1110 Satellite Blvd., NW, Suite 403, Suwanee, GA 30024 Email: 1cs.emaIls(Qqmail.cgm Tel: (678) 530-0401 Summary of Qualifications • Over 20 years of experience in providing Janitorial Services and training and managing personnel. . Ability to multi -task and perform everyday duties while directing staff personnel and Interacting with upper management or building management. • Exceptional communication skills, both verbally and in writing. 0 Strip & waxing VCT, marble polishing/sealing, pressure washing, upholstery cleaning, operating & repairing janitorial equipment. • Strong organizational and multitasking skills. Experience Senior Project Manager 2005 to Current Intercontinental Commercial Services, Inc. — Suwanee, GA . Communicate with team members to complete tasks according to scope of work. * Specified schedule to ensure compliance with requirements and contract specifications. 0 Properly maintaining the janitorial equipment and inventory control of supplies. • Training new employees in the proper use of janitorial equipment, products, chemicals, and techniques. • Previous/current janitorial services contracts include., Home Depot Corporate Offices, City of Smyrna, City of Roswell, APG Real Estate Services, LLC, King Industrial Realty, Inc., Cassidy Midwest, Inc. (KSU), Buckeye Tower, and etc. Project Manager International Contracting Services, Inc. - Atlanta, GA 1994 to 2004 0 Communicated with Property Management to ensure accountability and excellent customer service. • Manage cleaning and maintenance supplies in a cost effective manner. • Schedule work duties, investigated complaints regarding services and took corrective/preventive actions in timely manner. • Ensure quality standards and specifications are met by performing daily inspections and retraining/assisting personnel. 0 Previous/currently on-going janitorial contracts include: Georgia Public Broadcasting, Georgia Building Authority (Team South, Twin Tower, and Agricultural Building), Bellsouth Midtown Atlanta, and etc. Education: • Kennesaw State University 1989 to 1993 • B.A. in Business Administration 1111110 is #° Institution: City of Roswell Location: 38 Hill St. Roswell, GA 30075 Duration: Since 2009 and still on-going Contact's Name: Andy Hale Contact's Email: ahale(a)roswellgov.com Contact's Telephone Number: (770) 528-2585 Institution: City of Smyrna Location: 2190 Atlanta Rd., Smyrna, GA 30080 Duration: Since 2005 and currently still on-going Contact's Name: Scott Stokes Contact's Email: sstokes(a�smyrnaga.gov Contact's Telephone Number: 678-631-5430 Institution: Cobb County Property Management Location: 1150 Powder Springs St., Suite 200, Marietta, GA 30064 Duration: Since 1998 and currently still on-going Contact's Name: Michael Watts Contact's Email: Michael.Watts(a)cobbcounty.org Contact's Telephone Number: (770)528-2585 Institution: Georgia Building Authority Location: One Martin Luther King Jr. Drive, Atlanta, Georgia 30334 Duration: 2015 and currently still on-going Contact's Name: Frances Richards Contact's Email: frances.richards(a)gba.ga.gov Contact's Telephone Number: 404-656-0785 Institution: George West Mental Health Foundation (Skyland Trail) Location: 1961 North Druid Hills Rd, Atlanta, GA 30329 Duration: Since 2004 and currently still on-going Contact's Name: Mary Lou Mann Contact's Email: mmann(5skylandtrail.orq Contact's Telephone Number: 678-686-5906 Communications Plan A list of management/emergency contacts are available (24 -hours telephone access) to ensure safety and responsiveness. In case of employee outages or sick call -outs, ICS has trained backup supervisors and managers who can take over the duties in an emergency situation. Our goals are accomplished through a teamwork approach and close communication with the City of Milton facilities manager. ICS's management is committed to raising the quality of the cleaning standard at your location. We continually work towards the goals of zero defects and 100% customer satisfaction. An ICS Corporate Manager will visit the facility 2 to 3 times per month without prior announcement to ensure quality and promote a positive working relationship with a City of Milton facilities manager. A communications logbook will be stored on site for written requests used by the City of Milton facilities manager and the lead cleaning supervisor. Any complaints or requests may be emailed to the ICS corporate office. The ICS corporate office will respond to all email complaints and/or requests within 2 hours, and a resolution will be reached within 24 hours. Management/Organization Chart Emergency Contact Information ICS Corporate Office Elissa An Tel: 678-530-0401 icston kim ahoo.com V.P. of Operations and Sales Kelly Adamson Tel: 404-510-0100 icskell ahoo.com Project Manager Tom Kim Tel: 404-217-0881 ics.emails mail. com Area Manager Billy Holbrook Tel: 770-455-6081 ics.emails mail. com Management/Organization Chart Staffing Plan and Communication Diagram for Proposed Site City of Milton I I Kelly Adamson, V.P. of Sales & Operations I Tom Kim Project Manager 0 General Cleaners 2 General Cleaners 6:OOPM - 12:00 AM A 0 1 WORKING SUPERVISOR (6:00 pm - 12:00 am) O Billy Holbrook Area Manager 01 Floor Technician 1 Floor Technician (As needed) 6:OOPM - 12:OOAM Details on Communication in Staffing Plan and Quality Control Diagram 1. Direct inform special tasks and special notice 2. Report feedback on special tasks and special notice 3. Quality control feedback and unannounced inspection feedback 4. Daily inspection report Monthly report Monthly schedule Emergency report 5. Report/Respond cleaning request 6. Request detail or special cleaning 7. Direct clients request QC feed back Submit inspection report Client's request Daily and Weekly Schedule Employee rating 9. Daily task schedule Client's requests, Feedback on employee rating Inspection feedback training 10. Report lost and found Report on suspicious person Emergency report Report on daily cleaning Weekly attendance schedule Carry out daily task Emergency Contact Information ICS Corporate Office Elissa An Tel: 678-530-0401 icstonykim(@yahoo.corn V.P. of Operations and Sales Kelly Adamson Tel: 404-510-0100 icskellygyahoo.com Project Manager Tom Kim Tel: 404-217-0881 ics.emai1sC@-qmai1.com Area Manager Billy Holbrook Tel: 770-455-6081 ics.emails(cbqmaii.com Details on Communication in Staffing Plan and Quality Control Diagram 1. Direct inform special tasks and special notice 2. Report feedback on special tasks and special notice 3. Quality control feedback and unannounced inspection feedback 4. Daily inspection report Monthly report Monthly schedule Emergency report 5. Report/Respond cleaning request 6. Request detail or special cleaning 7. Direct clients request QC feed back Submit inspection report Client's request Daily and Weekly Schedule Employee rating 9. Daily task schedule Client's requests, Feedback on employee rating Inspection feedback training 10. Report lost and found Report on suspicious person Emergency report Report on daily cleaning Weekly attendance schedule Carry out daily task 41 1 RFP 17-PW02 REMISED COST PROPOSAL - - - - SECTIONS 5: COST PROPOSAI. HOME OF 'THE€BEST QUAL f P Y' OF LIFE N GEORGIA' M1 LTON' ESTABLISHED 2006 MUST BE RETURNED WITH PROPOSAL One (1) original and five (5) copies shall be submitted in a separate, sealed envelope before the required deadline. The offerors cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5. The undersigned bidder, having familiarized themselves with the work required by the RFP, the bid 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: The initial term may be prorated to match our fiscal year which will begin October 1, 2017. Total First Year Annual Price (Row 7 from the Facility Pricing Sheet) 28,812.00 Print Total Price in Words Twenty-eight thousand eight hundred twelve dollars **Additional Cost for Paper Products Total First Year Annual Price $ 6,600.00 Total Price in Words Six thousand six hundred dollars Print/Type Company Name Here: Intercontinental Commercial Services, Inc. (ICS, Inca Authorized Signature /`"; E'r `'''{ '' Date 1/16/2017 �i Print/Type Name Kelly B. Adamson 42 1 RFP 17-PW02 . ... . .... ..... ...... . ..-Fac!1114, Pricing Sheet Instructions Add price per square foot for janitorial services and the total monthly cost to provide all services outlined in this RFP for each facility. For the Bethwell Community Center the vacant space option will be used in the monthly and annual price calculation. Contractor will provide an add alternate price if the space becomes occupied at any time during the term of this contract, I I City Hall 30,400 $0.045 I $1,368.00 2 Community Building 1,600 $0.12 $192.00 3 Broadwell Pavilion 2 bathrooms $320.00 Bethwell 4 Community Center - 1,100 $0,13 Option I (Vacant $143.00 Cleaning Services) Thomas S. Byrd Sr I 5 House 2,700 $0.14 $378.00 Total Monthly Cost for all Services (add monthly costs t, $2,401.00 for each facility. Add monthly costs from rows 1-5) 7 First Year Annual Cost (Row 6 X 12 months) $28,812.00 "Additional Cost for Paper Products Total First Year Annual Price $ 6,600.00 [Costs continued on the Following Page] 43 1 RFP 17-PW02 -Add/Alternate Cost of Bethwell Community Center Option 2. This will be used to amend the contract terms if the City has a regular vendor to use the space. Bethwell Community Center - Option 2 1,100 $0.16 $176.00 as an occupied space In any subsequent year the City may consider reasonable price increases upon Justification from the Contractor. Any such Increases must be presented in writing to the City at least ninety (90) calendar days prior to the end of the contract term. Supplemental Costs: Supplemental costs may be used during the term of the contract at the discretion of the City and are not to be considered in the annual costs. Wi,ndow,,Clean1ng...,1 Price perfacllity City Hall (including the Community $ Building) 2,350.00 Hopewell House 11 $550.00 Bethwell House 1 $550.00 EXHIBIT "C" See generally the project and proposal in Exhibits A and B. EXHIBIT "D" 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, 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: I hereby declare under penalty of perjury that the [NOTARY SEAL] My Commission Expires: foregoing is true and correct. Federal Work Authorization User Identification Number Executed on 20_ in (city), (state). Date of Authorization Signature of Authorized Officer or Agent ICS, Inc. Name of Contractor Printed Name and Title of Authorized Officer or Janitorial Services Agent Name of Project SUBSCRIBED AND SWORN BEFORE ME City of Milton. Georgia ON THIS THE DAY OF 20 Name of Public Employer NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: STATE OF _ COUNTY OF EXHIBIT "E" 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 ICS, 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: I hereby declare under penalty of perjury that the foregoing is true and correct. Federal Work Authorization User Identification Number Executed on , 20 in (city), (state). Date of Authorization Signature of Authorized Officer or Agent Name of Subcontractor Printed Name and Title of Authorized Officer or Janitorial Services Agent Name of Project SUBSCRIBED AND SWORN BEFORE ME City of Milton Georgia ON THIS THE DAY OF _20— 20_.Name Name of Public Employer NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: N HOME 71- BEST Qt1ALITY OE LIO EQ G MILT ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 27, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance of the City of Milton, Georgia to Amend Chapter 4 of the Code of the City of Milton, Georgia, To Amend the Requirements for the Issuance of Alcoholic Beverage Licenses; To Provide for the Repeal of Conflicting Ordinances; To Provide an Effective Date; And for Other Lawful Purposes MEETING DATE: Monday, March 6, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.KA PPROVED / J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,y -YES / J NO CITY ATTORNEY REVIEW REQUIRED: (,YYES (J NO APPROVAL BY CITY ATTORNEY. VAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: oiJ&llat9 REMARKS: © * 4oum.. PHONE: 678.242.25001 FAX: 678.242.2499 jiden ! *owsd* 4kInfo�dtyofmlHonga.us l www.cllyofmill gams wn,ou COfl11flw*y IL 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 e STATE OF GEORGIA ORDINANCE NUMBER ____________ COUNTY OF FULTON AN ORDINANCE OF THE CITY OF MILTON, GEORGIA TO AMEND CHAPTER 4 OF THE CODE OF THE CITY OF MILTON, GEORGIA TO AMEND THE REQUIREMENTS FOR THE ISSUANCE OF ALCOHOLIC BEVERAGE LICENSES; TO PROVIDE FOR THE REPEAL OF CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER LAWFUL PURPOSES. BE IT ORDAINED by the City Council of the City of Milton, Georgia while in a regular Council meeting on March 20, 2017, at 6:00 PM as follows: WHEREAS, pursuant to its Charter and other laws of the State of Georgia, the City of Milton, Georgia has the power to adopt clearly reasonable ordinances, resolutions and regulations for the protection and preservation of the public health, safety and welfare of its citizens; and WHERAS, Section 1.12(b)(38) of the Charter specifically authorizes the City to “regulate or prohibit … the manufacture, sale, or transportation of intoxic ating liquors”; and WHEREAS, Chapter 4 of the City of Milton Code of Ordinances regulates the sale of alcoholic beverages in the City of Milton and imposes a requirement that individuals obtain a license in order to sell alcoholic beverages in the City; and WHEREAS, the Mayor and Council have determined that it is in the best interest of the City’s residents to amend the existing application requirements to match the state requirements for such licenses issued by the state; NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, as follows: SECTION 1. That Section 4-73(a) of the City of Milton Code of Ordinances, with respect to the alcoholic beverage applications is hereby amended to read as follows: a. No license issued pursuant to this chapter for alcoholic beverages shall be granted to any person who is not a citizen of the United States or an alien lawfully admitted for permanent residence: 1. A United States citizen; 2. A legal permanent resident of the Un ited States; 3. A qualified alien or non -immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. SECTION 2. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are hereby repealed. SECTION 3. That this Ordinance shall become effective upon a majority vote by the City Council as ratified by the Mayor of the City of Milton, Georgia. SO ORDAINED this the 20th day of March, 2017, the public’s health, safety, and welfare demanding it. Approved: ______________________________ Joe Lockwood, Mayor Attest: __________________________ City Clerk (Seal) U:\Client Docs\Milton, City of (M)\City Council (General)\03-06-17 Ordinance to amend Chapter 4 to Revise Alcoholic Beverages License Applicant Requirements.docx HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' NV MILT ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 2, 2017 FROM: Steven Krokoff, City Manager j� )/ AGENDA ITEM: Consideration of an Amendment to Chapter 2, Article VI - Financial Management Program to Provide for Necessary Updates and Revisions. MEETING DATE: Monday, March 6, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: U-KPPROVED (/ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (q'YES () NO CITY ATTORNEY REVIEW REQUIRED: (vV(ES () NO APPROVAL BY CITY ATTORNEY., (44PPROVED //NOT APPROVED PLACED ON AGENDA FOR: e3/��1a1 REMARKS: ©� youl PHONE: 678.242.2500 1 FAX: 678.242.2499 Green • _';• InF0@cItYoImIItonga.us rI aw,f -=•aCommunity ++Eo •wa.=cw« 13000 Deerfield Pakwy, Suit1071 Milton GA 30004mun�/ F -A To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on March 2, 2017 for the March 6, 2017 Regular City Council Meeting under First Presentation and the March 20, 2017 Regular City Council Meeting under Unfinished Business Agenda Item: Consideration of an Amendment to Chapter 2, Article VI – Financial Management Program to Provide for Necessary Updates and Revisions. Department Recommendation: The recommendation is to approve the amendments as presented Executive Summary: In preparation for the credit rating presentation, our financial advisors from Davenport & Company, LLC reviewed our current financial policies and f ound a few things that could be addressed to help strengthen our financial position. The recommended changes were reasonable and have been vetted by both our attorney and our auditor. Funding and Fiscal Impact: The changes could have a positive impact on our credit rating, thus affecting the interest rate on bonds going forward. Alternatives: You can choose to not approve the changes. Legal Review: Approved by Ken Jarrard on 3/1/17 Concurrent Review: Steven Krokoff, City Manager Tim Lyons, Mauldin & Jenkins CPA Attachment: Ordinance amendment Page 1 of 4 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF MILTON, GEORGIA TO AMEND CHAPTER 2, ARTICLE VI – FINANCIAL MANAGEMENT PROGRAM TO PROVIDE FOR NECESSARY UPDATES AND REVISIONS. BE IT ORDAINED by the City Council of the City of Milton, Georgia while in regular called council meeting on March 20, 2017 at 6:00 p.m. as follows: SECTION 1. Division 3. Budgetary Policy, Sec. 2-345 – Operating Budget, (e) Operating budget information, (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: 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 two months of operating and debt expenditures (approximately 16 percent of budgeted expenditures)25 percent of the subsequent year’s budgeted revenues. b. Upon incorporation of the city, no reserve exists. The city shall establish the 16 percent reserve requirement referenced in subsection €(7)a.1 of this section over a minimum three-year period and a maximum five-year period. Such reserve shall be discussed during the annual financial planning process so that a clear understanding is maintained by the mayor and city council of the city’s progress in meeting the reserve requirements. SECTION 2. Division 5. Cash and Investment Management, Sec. 2-433. Primary objectives, (1) Safety. a. Credit risk. The term “credit risk” means the risk of loss due to the failure of the security issuer or backer. The city shall minimize credit risk by: 1. Limiting investments to the safest types of securities (primarily obligations of the U.S. government or obligations explicitly guaranteed by the U.S. government or its agencies). 2. Requiring a credit rating of “A3”Aa3 or better from Moody’s rating agency and “A-“AA- or better from Standard and Poor’s. […] SECTION 3. Division 5. Cash and Investment Management, Sec. 2-433. Primary objectives, (1) Safety. Page 2 of 4 d. Concentration risk. The term “concentration risk” means the risk associated with a high concentration of government funds which are note diversified. The city shall minimize concentration risk by: 1. Limiting investments with any one issuer to less than five fifteen percent of the investment portfolio. […] SECTION 4. Division 5. Cash and Investment Management, Sec. 2-438. Reporting, (a) Methods. The investment officer shall prepare an investment report monthly to City Council which shall be included in the financial update report. Additionally, investment holdings will be detailed at least once annually. SECTION 5. Division 7. Debt Management Policy, Sec. 2-505. Sound financing procedures. When the city utilizes debt financing, the following will occur to ensure that the debt is soundly financed: (1) Analysis of the financial impact, both short-term and long-term, of issuing the debt such that the issuance of debt keeps within the following guidelines; (1)a. Total tax-supported debt as a percentage of total taxable full not exceed 1.75%; and a.b. Total tax-supported debt service as a percentage of General Government Operating Revenues will not exceed 15%. SECTION 6. Division 13. Fund Balance Policy, Sec. 2-681. Operational guidelines. The following guidelines address the classification and use of fund balance in governmental funds: (1) Classifying fund balance amounts. Fund balance classifications depict the nature of the net resources that are reported in a governmental fund. An individual governmental fund may include nonspendable resources and amounts that are restricted, committed, or assigned, or any combination of those classifications. The general fund may also include an unassigned amount. (2) Encumbrance reporting. Encumbering amounts for specific purposes for which resources have already been restricted, committed or assigned should not result in separate display of encumbered amounts. Encumbered amounts for specific purposes for which amounts have not been previously restricted, committed or assigned, will be classified as committed or assigned, as appropriate, based on the definitions and criteria set forth in GASB Statement No. 54. (3) Prioritization of fund balance use. When an expenditure is incurred for purposes for which both restricted and unrestricted (committed, assigned, or unassigned) amounts are available, it shall be the policy of the city to consider restricted amounts to have been reduced first. When an expenditure is incurred for purposes for which amounts in any of the unrestricted fund balance classifications could be used, it shall be the Page 3 of 4 policy of the city that the committed amounts would be reduced first, followed by assigned amounts and then unassigned amounts. (4) Minimum unassigned fund balance. The city will maintain a minimum unassigned fund balance in its general fund of 1625 percent of the subsequent year's budgeted expenditures revenues. This minimum fund balance is to protect against cash flow shortfalls related to timing of projected revenue receipts and to maintain a budget stabilization commitment. (5) Replenishing deficiencies. When fund balance falls below the minimum 16 percent between 25 and 20 percent of the subsequent year’s budgeted revenues, the city will replenish shortages/deficiencies using the budget strategies and timeframes described below it over a period not to exceed one year. A deficiency resulting in a minimum fund balance less than 20 percent of the subsequent year’s budgeted revenues shall be replenished over a period not to exceed three years. The city will implement the following budget strategies in the case of shortage/deficiencies:.  The city will reduce recurring expenditures to eliminate any structural deficit; or  The city will increase revenues or pursue other fund sources; or  A combination of the two options above. Minimum fund balance deficiencies shall be replenished within the following time periods: ORDAINED this the 20th day of March, 2017. _______________________________________ Joe Lockwood, Mayor _________________________________________ Sudie AM Gordon, City Clerk (Seal) HOME OF 'THE BEST QUALITY OF LIFE GEORGIA' MIITON*� ESABLI SH ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 2, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: An Ordinance Creating the Milton Greenspace Advisory Committee (MGAC) MEETING DATE: Monday, March 6, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,'APPROVED () NOT APPROVED CIT/ ATTORNEY APPROVAL REQUIRED: (rvES () NO CITY ATTORNEY REVIEW REQUIRED: (,rYES () NO APPROVAL BY CITY ATTORNEY: (y APPROVED O NOT APPROVED PLACED ON AGENDA FOR: REMARKS: ©10 Youin- +*+ Green 4 •gym: ,w4" PHONE: 678. lltong001 FAX: 6 8.242 xItyal.2499 cRv ��,/ IMo�cityolmllbnga.uslwww.cNyolmiRonga.us wig COIflIl7,U11,1� J 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Page 1 of 4 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE CREATING THE MILTON GREENSPACE ADVISORY COMMITTEE (MGAC) WHEREAS, on August 15, 2016 the Mayor and City Council for the City of Milton (the “City”) resolved that it and any other committee, commission or other designated advisory group over which the City Council has control or influence would consider certain criteria and factors that were identified in the August 15 Resolution in land acquisition decisions made with the proposed general obligation bond funds of up to $25 million in aggregate principal amount; and WHEREAS, on November 21, 2016 the City resolved to authorize the issuance of said bonds, subject to the affirmative ratification by a majority of the qualified voters voting in the November 8, 2016 Election; and WHEREAS, the ballot title for the proposed bonds was “Conservation Land, Wildlife Habitat, Natural Area, and Trails Bond;” WHEREAS, the purpose of the proposed bond funding was to “acquire conservation land and interests in conservation land for the purposes of providing recreational trails, protecting natural areas and wildlife habitat, preserving agriculture land, protecting the water qualify of rivers and streams and providing parks and park improvements;” WHEREAS, the November 8, 2016 bond referendum was successful; WHEREAS, for purposes of this Ordinance, the bond will be referenced as the “Greenspace Bond,” WHEREAS, the City of Milton has deemed it advisable and in the best interests of the citizens of the City of Milton to create a Greenspace Advisory Committee to participate in the greenspace land selection and acquisition process in conjunction with City Council and staff, to facilitate achieve ment of the objectives of the Greenspace Bond goals, to establish policies and procedures to govern the committee, and to assist City Council and staff, on an as needed basis, with the financial oversight of the Greenspace Bond funds in relation to the land acquisition program; and WHEREAS, the City has determined that it would also be in the best interests of the citizens of Milton for the City Council to select the members of the Greenspace Advisory Committee through an open application process; NOW THEREFORE THE MILTON CITY COUNCIL HEREBY ORDAINS that: 1. Creation. There is hereby created the Milton Greenspace Advisory Committee (“MGAC”) whose mission and purpose shall be to, “participate in the greenspace land Page 2 of 4 selection and acquisition process in conjunction with City Council and staff, to facilitate achievement of the objectives of the Greenspace Bond goals, to establish policies and procedures to govern the committee, and to assist City Council and staff, on a n as needed basis, with the financial oversight of the Greenspace Bond funds in relation to the land acquisition program” In addition, the MGAC shall use and consider certain criteria and factors in land acquisition decisions as resolved by the City Council Resolution No. 16-08- 379, dated August 15, 2016 and pursuant to the Greenspace Bond referendum ballot language approved by the majority of Milton voters voting in the November 8, 2016 election. MGAC is created via Ordinance, and is therefore not subject to certain of the requirements of Section 4.11 of the Milton Charter (See, City Charter, Section 4.11(b)), to specifically include the size limitations and appointment process requirements . 2. Membership. MGAC shall consist of the following: a. _____________ members [to be determined following staff review of citizen applications]; b. A quorum for the conduct of business shall be (1) if membership is an odd number, a number that is one-half of the appointed membership rounded to the next whole number (i.e., if a seven-member committee, a quorum shall be four); or (2) if membership is an even number, a number that is one -half of the appointed membership plus one (i.e., if a ten-member committee, a quorum shall be six); c. Recommendations as to MGAC members shall be received based upon an open nomination process by Milton citizens; d. City staff shall review the pool of citizen applicants and shall undertake a culling process with due consideration given to the public policy objectives and considerations of the green space bond and as otherwise referenced in this Ordinance; and, following that culling process City staff shall submit to the Council a recommended list of qualified citizens. The City Council shall take that list of qualified citizens under advisement and from that list formulate a proposed MGAC membership panel. The City Council shall then make a motion to approve the entire membership panel in a single vote during an open meeting of the Council. Because formulation of the proposed MGAC membership panel entails deliberations and discussions on the appointment of prospective City officials and officers, discussions as to those MGAC members to be appointed may occur in closed session. No vote of any kind regarding appointment will occur in closed session; e. The panel of MGAC members must be approved by a majority vote of the Council before commencing service; f. Each MGAC member must swear an oath prior to commencement of service; g. MGAC members must be at least 21 years old; h. MGAC members are not required to reside in any specific Council district; but must be residents of Milton, Georgia; i. MGAC members, following appointment and swearing, shall be subject to the City of Milton Ethics Code, and shall be considered “City officials” or “City officers” under Section 2-798 of the Milton Code (defining a City officer as Page 3 of 4 “any member of a board, commission, or authority appointed by the council, the city manager, and any other…appointed officer of the City of Milton”); j. The City Council may consider appointments to MGAC in executive session, as MGAC members are declared City officials or City officers. Any vote regarding appointment shall occur in open session; k. The City Council may remove a MGAC member, for convenience, upon majority vote of the Council; l. MGAC shall be subject to the State of Georgia Open Meetings Act, O.C.G.A. 50-14-1, et. seq, which necessarily includes the right to enter into closed or executive session to discuss the potential acquisition of land; m. No City Council member shall enter into any closed or executive session of MGAC, and otherwise, MGAC shall determine who is needed in executive session to properly conduct such meeting in a matter that is both effective and otherwise in conformance with the Open Meetings Act; n. A MGAC member that misses more than three (3) consecutive MGAC meetings, absent extenuating circumstances, shall be deemed automatically removed from MGAC and the City Council shall forthwith nominate and approve a replacement member. Any such replacement member shall fulfill the remainder of the term of the member so removed and shall be entitled to all rights and privileges of any other MGAC member. Section 2-157(c) of the Milton City Code shall also be binding on MGAC ; and, o. The City Council shall retain the discretion, but not obligation, to authorize a per diem payment to MGAC for meeting attendance. Any such authorization must be approved by Resolution approved by the City Council. This authorization for compensation, set forth during the creation of the MGAC, is intended to fulfill the mandate of Sectio n 2-160 of the Milton City Code. 3. Governance . MGAC members shall select officers and may draft and adopt by laws. In the event that no MGAC-specific by laws or internal rules of procedure are adopted, MGAC shall be subject to the City Council’s adopted internal rules of procedure. Members may be required to sign confidentiality agreements relating to proposed land transactions that are to be considered for acquisition by the City. Members must also be able to fulfill the time commitment required to serve on the MGAC. Members must be willing to agree with the goals of the Milton Greenspace Bond program and work towards achieving those goals for the best interests of the Milton community as a whole. Members of the MGAC shall undertake their respective duties in a volunteer capacity and shall not be compensated for any time or expenses associated with any assignment or function with respect to the MGAC, except for a potential per diem as set forth in Section 2(o). 4. Term. The initial term for MGAC members shall be randomly assigned by City staff, with one-half of the members having four (4) year terms, and the remaining members having three (3) year terms. Initial members shall be advised of their term. Following the initial term, upon reappointment or selection of a new member to fill an expired term, each member of MGAC shall thereafter have a four (4) year term. Upon the expiration of a MGAC member’s term, members shall continue to serve until a replacement is chosen. Page 4 of 4 Replacement shall be undertaken using the same methodology identified in Section 2(d) and (e). Members may be appointed to serve an unlimited number of terms. Should any me mber of MGAC be unable to fulfill their duties for any reason, and following removal by the City Council, a mid -term replacement shall be appointed using the same methodology identified in Sections 2(d) and (e). 5. Conduct of Business . MGAC shall meet at regular intervals as necessary to perform the tasks and duties associated with MGAC’s mission, including recommending actions to the city staff or Mayor and City Council. MGAC may establish and appoint representatives to as many committees and sub-committees as are determined to be necessary for the accomplishment of MGAC’s mission. 6. Volunteer Members . MGAC shall be authorized to utilize community volunteers to assist in accomplishing MGAC’s mission. Such volunteers shall not be considered MGAC members, but will function as liaisons to receive, disseminate, and provide information by and between the community and MGAC regarding the strategy, plans, and progress of implementing the Milton Greenspace bond program. 7. Staff. Staff of the C ity of Milton may attend the meetings of the M GAC but shall serve in no official capacity. City staff may assist the MGAC members in the fulfillment of the committee’s work. 8. Logo. MGAC may adopt an official logo for the MGAC. The public health, safety, and welfare demanding it. SO ORDAINED , this ____ day of _____________, 2017. _______________________________ Mayor, Joe Lockwood Attest: __________________________ Sudie AM Gordon, City Clerk HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' N*k' MILTOESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: arch 1, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of RZ76-05 - To Create Steep Slope Standards in Chapter 64, Article XVII, Division 3, Site Improvement Standards. MEETING DATE: Monday, March 6, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: fsYAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: LkYES NO CITY ATTORNEY REVIEW REQUIRED: (41YES (J NO APPROVAL BY CITY ATTORNEY: (APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: e;/44/sw-i REMARKS: ©� Youn PHONE: 678.242,25001 FAX: 678.242.2499G'r--een InfoftifyofmiHonga.ua www.cltyoimiHongams wnnu COm111Ylllt a ^ 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - _•^•••• •^_•.: Yom Page 1 of 3 To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: February 28, 2017, prepared for the March 6, 2017 City Council Meeting, (First Presentation – January 9, 2017, Work Session – January 18, 2017) Re: RZ16-05 – Consideration to create steep slope standards in Chapter 64, Article XVII, Division 3. Site Improvement Standards Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: Background The purpose of this text amendment is to propose a steep slope ordinance in order to assist in preserving and protecting slopes that are 25% or greater. This would be applicable to development with 5,000 square feet or more in area. This item was presented at the October 26, 2016 Planning Commission Meeting. After deliberation and consideration of comments from the public, the proposed text amendment was deferred to allow Staff to provide the following information: 1) A streamlined version of the proposed steep slope ordinance (model ordinance); 2) The Fulton County Steep Slope Ordinance that was recently approved by the Fulton County Board of Commissioners; 3) Analysis of nearby jurisdictions’ steep slope ordinances. At the November 15, 2016 Planning Commission Meeting, the Commission asked Staff to further streamline the model ordinance and keep the 25% steep slope threshold and present it at the December Planning Commission meeting. Page 2 of 3 Results of the December 28, 2016 Planning Commission Meeting There was no one in attendance from the public to speak about this item. The Planning Commission recommended to approve the proposed text amendment as proposed by Staff, including edits by the Planning Commission. The motion passed unanimously 7-0. Staff has included a redlined version as well as an “accepted” version for easier review. The recommendations of the Planning Commission are highlighted in yellow for review. These edits included the issue of ridgelines and how to protect them throughout the City. Results of the January 30, 2017 Mayor and City Council Meeting Staff requested that this item be deferred to allow further investigation on how to protect ridgelines and to allow the Planning Commission to provide their input on the issue. Results of the February 23, 2017 Planning Commission Meeting Staff presented proposed verbiage to include ridgelines in the steep slope ordinance including a definition of “primary ridgeline” and applicability of regulating ridgelines. The Planning Commission recommended that it be forwarded with the existing ordinance to the City Council. The motion passed unanimously 6-0. Funding and Fiscal Impact: There will be no impact if these text amendments are approved. Alternatives: The Mayor and City Council may approve or deny the amendment as proposed and/or recommend further amendments to the text amendment discussed. Legal Review: Paul Frickey - Jarrard & Davis (January and February 2017) Page 3 of 3 Concurrent Review: Public Works Attachment(s): RZ16-05 Text Amendment and Ordinance RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 1 8, 2017) Planning Commission Comments highlighted in yellow. Comments in red by City Staff and City Attorney comments in blue. 3/2/20173/1/2017 Page 1 Chapter 64, Article XVII, Division 3. Site Improvement Standards 64-2404 – Steep Slopes and Ridgeline Protection a. Purpose It is the purpose of this ordinance to provide development regulations applicable to steep slopes to ensure that such development occurs in a manner that: 1. Protects the natural and topographic character of hillsides; 2. Prevents inappropriate development on steeply sloping sites and in geologically hazardous areas; 3. Protects fragile steep slopes and other environmental resources; 4. Preserves the aesthetic and scenic qualities of steep slopes; 5. Ensures the public health, safety, and general welfare. The provisions of this ordinance are intended to prevent developments that will erode steep slopes, result in sedimentation of lower slopes, cause damage from landslides or create potential for damage from landslides, flood downhill properties or result in the severe cutting of trees or the scarring of the landscape. b. Compliance No land to which this ordinance applies shall hereafter be subdivided, cleared, developed or used, and no building or structure shall be constructed, placed, extended, converted or structurally altered, except in full compliance with the regulations of this ordinance. c. Definitions Buildable area means a contiguous area, excluding septic drain fields and driveways, for the placement of a building or structure and which meets the requirements of this ordinance and zoning/land use, subdivision and land development regulations of the city. Primary Ridgeline means the line formed by the meeting of the tops of sloping surfaces of land and are a minimum of 50 feet higher than exterior roads and within 500’ of the right of way. Ridgeline means the line formed by the meeting of the tops of sloping surfaces of land. Steep slope means any slope equal to or greater than 25 percent as measured over any minimum run of 10 feet. Steep slopes are determined based on contour intervals of two feet or less. Formatted: Highlight Formatted: Highlight RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 1 8, 2017) Planning Commission Comments highlighted in yellow. Comments in red by City Staff and City Attorney comments in blue. 3/2/20173/1/2017 Page 2 Table land means a land area having a relatively level surface considerably raised above adjoining land on at least one side. d. Applicability 1. 1. This ordinance shall apply to any development proposal for property with a natural slope of twenty-five percent (25%) or more with a minimum of 5,000 square feet or more of contiguous area including the crests, for purposes of calculations, contiguous areas shall include summits and ridge tops primary ridgelines which lie at elevations higher than any such areas even though the slopes of such crests, summits and ridge tops primary ridgelines have a slope of less than 25 percent. For purposes of determining whether this ordinance applies, the natural slope of a given property shall be calculated perpendicular to topographic contours from property line to property line top of slope to toe of slope, prior to grading, using quadrangle maps of the United States Geological Survey, other reputable topographic maps of the subject area or, if available, a topographic survey of the subject property. (Planning Commission Recommends this to remain.) 2. This ordinance shall apply to primary ridgelines as defined herein. 23. This ordinance shall apply, and the Community Development Department and the Public Works Department shall apply and enforce the provisions of this ordinance, to the earliest application for development or building approval required of the applicant, whether that is an application for a land use petition, building permit, application for preliminary plat, or application for land disturbance permit. e. Calculation of Slope 1. For the purposes of determining whether the natural slope is 25 percent or more, and hence whether this article applies, the natural slope of a given property shall be calculated perpendicular to topographic contours from property line to property line, prior to grading, using reputable topographic maps of the subject area or, if available, a topographic survey of the subject property. fe. Dispute of Slope Calculation Whenever an applicant disputes a determination by the Public Works Director as to the slope of the property, the applicant shall be entitled to submit a determination of the slope prepared by a registered land surveyor using standard surveying practices. Submission of the slope determination by a registered land surveyor shall be determinative and binding on the Public Works Director and applicant. Formatted: Highlight RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 1 8, 2017) Planning Commission Comments highlighted in yellow. Comments in red by City Staff and City Attorney comments in blue. 3/2/20173/1/2017 Page 3 gf. Exemptions 1. The following land uses or activities are exempt from the requirements of this ordinance: (a) Agriculture and forestry. Agriculture and forestry, provided that they are consistent with the best management practices established by the Georgia Forestry Commission or the Georgia Soil and Water Conservation Commission, consistent with all state and federal laws, and all applicable regulations promulgated by the Georgia Department of Agriculture. (b) Landscape maintenance. Landscape maintenance activities, including the removal of diseased, dead or damaged trees; provided, however, that such activities shall be carried out in conformance with applicable regulations (c) Prior development plan approval. Any land, or part of any land, which was contained in or subject to any development plan, and which was filed with the Community Development Director and approved by the City prior to the effective date of this ordinance. (d) Additions to single-family residences. On legal lots of record with existing residences that were approved prior to the effective date of this ordinance, said existing residences may be expanded without demonstrating compliance with this ordinance, provided that the height of the building addition does not exceed the existing height of the building, no land disturbance is required to accomplish the building addition in excess of 5,000 square feet in area, and the building addition is in conformity with the purposes and intent and consistent with regulations and guidelines of this ordinance as determined by the Community Development Director. hg. Grading and Land Disturbance 1. General grading provisions (a) All grading, retaining wall design, drainage and erosion control plans for development subject to this ordinance section shall be designed by a design professional of record. (b) No grading, filling, clearing or excavation of any kind in excess of 5,000 square feet in area shall be initiated on property subject to this section until a grading plan is approved and a land disturbance permit is obtained from the Community Development Director. (c) Projects subject to this section involving more than one use or phase should be phased into workable units in a way that minimizes the amount of soil disturbance at any given point in time. RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 1 8, 2017) Planning Commission Comments highlighted in yellow. Comments in red by City Staff and City Attorney comments in blue. 3/2/20173/1/2017 Page 4 ih. Cut slopes No cuts shall be permitted solely for the purpose of obtaining fill. unless specifically approved in the grading plan. ji. Fill slopes Fill slopes should not exceed a total vertical height of twenty (20) feet, as measured on a vertical plane from the high point of the cut or fill to the bottom-most point. The toe of any fill slope area not utilizing an engineered retaining structure should be a minimum of six (6) feet from any property line. kj. Retaining walls 1. Retaining walls and other structures that are necessary for slope stabilization may be constructed within the area required for stabilization within the development if approved by the Community Development Director with the following standards: (a) Retaining walls shall not be used to increase table land. (b) Retaining walls shall comply with Section 64-2403 of this ordinance. lk. Clearing and Improvement Limits on Steep Slopes All new lots created by subdivision shall contain a building envelope with a natural slope of 25 percent or less and shall meet the lot size minimum based on slope as provided in this subsection below. Existing parcels without adequate buildable area less than or equal to 25 percent cannot be subdivided but shall be considered buildable for one unit. Subdivision of land, land disturbance, and development of lands that are subject to this ordinance shall meet the requirements shown below: Average Slope of Lot To Be Developed (%) Minimum Lot Size of Any New Lot Created (acres) Minimum Percent of Lot that Must Remain Undisturbed (%) Maximum Percent of Lot That May Be Disturbed (%) Maximum Percent of Lot That May Be Impervious Surface (%) 25-29% 1.5 50% 50% 25% 30-34% 2.0 60% 40% 20% 35-39% 2.5 70% 30% 15% 40% or more 3.0 80% 20% 10% RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 1 8, 2017) Planning Commission Comments highlighted in yellow. Comments in red by City Staff and City Attorney comments in blue. 3/2/20173/1/2017 Page 5 ml. Revegetation 1. Plan required. Revegetation according to a planting plan approved by the Community Development Director shall be required for all disturbed areas outside of roadways, driveways, building sites and minimal yard areas. 2. Installation. When revegetation is required, all required revegetation shall be installed prior to approval by the Community Development Director to occupy the activity, development or building. nm. Drainage Stormwater facilities are not permitted in areas with slopes exceeding 50%. on. Roads No new street shall be constructed on lands equal to or greater than 35 percent slope; provided, however, that a portion of a street on land equal to or greater than 35 percent slope may be constructed if it does not exceed a length of 100 feet. po. Building Requirements and Guidelines 1. Building pads. Building pads on property subject to this section shall should be of minimum size to accommodate the structure and a the minimal amount of yard space required by the zoning ordinance. Building pads on property subject to this ordinance are expressly prohibited from including excessive clearing for such development as Large pads such as but not limited for the development of tennis courts, swimming pools and large lawns are prohibited. 2. Foundations. All buildings and structures on lands with slopes of 25 percent or greater shall have foundations which have been designed by a design professional of record. 3. Roofs. Buildings and structures with roofs must be designed such that the roofline of the building or structure does not project above a primary ridgeline more than two (2) feet or shall be shielded from view of an exterior street in accordance with the guidelines established by the city. Where existing, non-invasive, vegetation exists it shall be maintained and incorporated into the screening to the greatest extent practical. All screening plans shall be subject to the approval of the Community Development Director. Roof forms and roof lines for new structures should be broken into a series of smaller building components to reflect the irregular forms of the RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 1 8, 2017) Planning Commission Comments highlighted in yellow. Comments in red by City Staff and City Attorney comments in blue. 3/2/20173/1/2017 Page 6 surrounding hillside. Long, linear unbroken roof lines are discouraged. Flat roofs are discouraged. The slope angle of roof pitch should be at or below the angle of the natural hillside slope. (Planning Commission recommends keeping this section.) qp. Variance If an applicant asserts that application of this ordinance would deny the reasonable use of property, the applicant may apply for a variance. A variance is intended to provide a remedy to address those cases in which the application of this ordinance unreasonably restricts all economic use of a parcel of land and the restriction cannot be remedied by other authorized techniques or conditions. A variance to the provisions of this ordinance may be considered in accordance with Article X of Chapter 64 of the City Code. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ16-05 AN ORDINANCE TO CREATE STEEP SLOPE STANDARDS IN CHAPTER 64, ARTICLE XVII, DIVISION 3, SITE IMPROVEMENT STANDARDS. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on March 6, 2017 6:00 p.m. as follows: SECTION 1. That the amendment of the Site Improvement Standards, Article XVII, Division 3 of the City of Milton Zoning Ordinance to create Steep Slopes and Ridgeline Protection is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 6th day of March, 2017. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk HOMEOF'i HE BF.STQ,i M 1 LTONk ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 27, 2017 Q FROM: Steven Krokoff, City Manager `p AGENDA ITEM: Consideration of an Ordinance of the City of Milton, Georgia to Revise the City's Procurement Policy with Respect to Engineering and Design Related Services in Federally -Funded Road Construction Projects; to Provide for the Repeal of Conflicting Ordinances; to Provide an Effective Date; and for Other Lawful Purposes MEETING DATE: Monday, March 6, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: / YAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: W'YES / J NO CITY ATTORNEY REVIEW REQUIRED: (AS (J NO APPROVAL BY CITY ATTORNEY: (,j"APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: oqaG/wl REMARKS: PHONE: 678.242.25001 FAX: 678.242.2499®'�r-eeri s •�,,� m. infofcityofmiHonga.un l www.eityofmiHonga.ua .0 Community i, '' 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 _^^F ••�„ads` Page 1 of 11 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE TO REVISE THE CITY’S PROCUREMENT POLICY WITH RESPECT TO ENGINEERING AND DESIGN-RELATED SERVICES IN FEDERALLY- FUNDED ROAD CONSTRUCTION PROJECTS; TO PROVIDE FOR THE REPEAL OF CONFLICTING ORDINANCES; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER LAWFUL PURPOSES. The Council of the City of Milton hereby ordains, while in regularly called Council meeting on the 6th day of March, 2017 at 6:00 p.m., as follows: WHEREAS, pursuant to Section 6.31 of the City Charter of the City of Milton, and other powers vested in the City, the City is authorized to prescribe procedures for a system of centralized purchasing for the City; and, WHEREAS, the City has adopted a formal Purchasing Policy, codified at Chapter 2, Article VI, Division 11 of the City’s Code of Ordinances; and, WHEREAS, in accordance with 23 CFR § 1.11 and § 635.105, as well as its Stewardship and Oversight Agreement dated May 29, 2015 with the Federal Highway Administration, the Georgia Department of Transportation (GDOT) may delegate to local public agencies such as the City the authority to self-administer projects eligible for Federal-aid Highway Program (FAHP) funding; and WHEREAS, as a condition of eligibility to self-administer FAHP projects, GDOT requires that local public agencies adopt administrative policies and procedures for the procurement, management, and administration of engineering and design-related consultant services to be reimbursed in whole or in part with FAHP funding; and, WHEREAS, the City desires to adopt such administrative policies and procedures as are necessary to qualify for self-administration of FAHP projects, and desires that such policies and procedures comply with applicable law, including 40 U.S.C. § 1101-1104, 23 C.F.R. Part 172, and 2 C.F.R. Part 200; NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS as follows: SECTION 1. That Chapter 2, Article VI, Division 11 of The Code of the City of Milton, Georgia, is hereby amended by removing the “reserved” designation for Section 2-628, and adopting as the text for that section the language attached hereto and incorporated herein by reference as Exhibit “A.” Page 2 of 11 SECTION 2. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are hereby repealed. SECTION 3. That this Ordinance shall become effective upon a majority vote by the City Council as ratified by the Mayor of the City of Milton, Georgia. SO ORDAINED this _____ day of March, 2017. Approved: _______________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (CITY SEAL) Exhibit A SEC. 2-628 PROCUREMENT OF ENGINEERING AND DESIGN SERVICES FOR PROJECTS USING FEDERAL AID HIGHWAY PROGRAM FUNDING (a) Applicability (1) Section 2-628 applies only to the procurement of engineering and design related services for projects involving Federal Aid Highway Program funds, where construction is to be performed by the Georgia Department of Transportation or under its direct or indirect supervision. (2) For purposes of this section, “engineering and design related services” means professional services of an architectural or engineering nature, or incidental services that members of the architectural and engineering professions (and individuals in their employ) may logically or justifiably perform, including program management, construction management, feasibility studies, preliminary engineering, design engineering, surveying, mapping, or architecture-related services. Excluded are services provided under any contract for construction work, including design-build contracts. (3) This section shall be interpreted to implement the federal procurement and contract administration requirements set forth at 40 U.S.C. § 1101-1104, 23 C.F.R. Part 172, and 2 C.F.R. Part 200, as may be amended in the future. (b) Competitive Negotiation/Qualifications-Based Selection (1) Primary Procurement Method. a. Except in the exceptional circumstances described in subsection (c), procurement of contracts subject to this section shall follow the Competitive Negotiation/Qualifications-Based Selection method set forth in this subsection. (2) Advertising of Solicitation. a. Solicitation shall be by public announcement, public advertisement, or any other public forum or method that assures qualified in-state and out-of-state contractors are given a fair opportunity to be considered for award of the contract. (3) Solicitation Process. a. Procurement may involve any of the following solicitation processes: 1. Issuance of a request for proposals for a specific project. 2. Issuance of a project-specific request for statements or letters of interest or qualifications, whereby responding contractors are ranked based on their qualifications. A request for proposals is then provided to three or more of the most highly qualified contractors. 3. Issuance of a generic request for statements or letters of interest or qualifications on an annual basis, with responses kept for future use. As projects are developed, a project-specific request for proposals is provided to three or more of the most highly qualified contractors with qualifications on file. b. Regardless of the solicitation process used, a request for proposal specific to the project, task, or service is required for evaluation of a contractor’s specific technical approach and qualifications. (4) Contents of Request for Proposal (RFP) Every RFP shall contain: a. A schedule of key dates for the procurement process and a submittal deadline for responses to the RFP which provides sufficient time for interested contractors to receive notice, prepare, and submit a proposal, which except in unusual circumstances may be not fewer than 14 calendar days from the date of issuance of the RFP. b. All information necessary for interested contractors to provide a response to the RFP that is sufficiently specific and detailed that responses can be fairly judged based on quality. c. A clear, accurate, and detailed description of the scope of work, technical requirements, and qualifications of contractors, necessary for the services to be rendered. The scope of work shall detail the purpose and description of the project, services to be performed, deliverables to be provided, estimated schedule for performance of the work, and applicable standards, specifications, and policies. d. Specification of the procedure the City will follow for holding additional discussions with the most highly qualified contractors following submission and initial evaluation of proposals. e. Specification of the contract type and method(s) of payment to be utilized in accordance with subsection (b)(5)(A) of this section. f. Identification of any special provisions or contract requirements associated with the solicited services. g. A requirement that the contractor identify and state the experience and qualifications of all key personnel who will work on the project. h. Notification that contractor or subcontractor suspension or debarment from work on federal contracts will disqualify a proposal. The RFP shall also contain a requirement that the contractor provide sufficient information to verify suspension and debarment status in accordance with 2 C.F.R. Part 1200 and 2 C.F.R. Part 180. The contractor shall be informed that its signature on any proposal or statement of qualifications constitutes an authorization to the City to ascertain the eligibility of the contractor to enter into a federally-funded contract, including without limitation confirmation of such eligibility on the federal government’s Award Management website (www.sam.gov). In addition, the contractor and any subcontractor shall be required to certify as to their own current eligibility status, as well as that of their principals. Failure to provide the certification will result in the disqualification of the proposal. i. If one has been assigned by the Georgia Department of Transportation, identification of the Disadvantaged Business Enterprise (DBE) contract participation goal for the project. j. The requirement that submission of any requested cost proposals or elements of cost be in a concealed format and separate from technical/qualifications proposals, as cost shall not be considered in the evaluation, ranking, and selection phase. k. Identification of all evaluation factors that will be used, including their relative weight of importance. Evaluation factors shall comply with the following minimum requirements: 1. While the contract will be with the prime contractor, proposal evaluations shall consider the qualifications of the prime contractor and any subcontractors identified within the proposal. 2. Criteria used for evaluation, ranking, and selection of contractors must assess the demonstrated competence and qualifications for the type of professional services solicited. These qualifications-based factors may include, but are not limited to, pre-qualification in the appropriate technical areas by the Georgia Department of Transportation, technical approach (e.g., project understanding, suggestion of innovative concepts or alternatives, quality control procedures), work experience, specialized expertise, professional licensure, staff capabilities, workload capacity, and past performance. 3. Price shall not be used as a factor in the evaluation, ranking, and selection phase. This includes all price or cost related items such as cost proposals, direct salaries/wage rates, indirect cost rates, and other direct costs. 4. In-state presence shall not be used as a factor in the evaluation, ranking, and selection phase. However, compliance with state licensing laws and professional licensure within a jurisdiction may be established as a requirement. 5. The following non-qualifications based evaluation criteria are permitted, provided the combined total of these criteria do not exceed ten percent of weight given all evaluation criteria: A. A local presence may be used as a nominal evaluation factor where appropriate. This criterion shall not be based on political or jurisdictional boundaries and may be applied on a project-by-project basis for contracts where a need has been established for a contractor to provide a local presence, a local presence will add value to the quality and efficiency of the project, and application of this criteria leaves an appropriate number of qualified contractors, given the nature and size of the project. If a contractor outside of the local area indicates as part of a proposal that it will satisfy the criteria in some manner, such as establishing a local project office, that commitment shall be considered to have satisfied the local presence criterion. B. The contractor’s Disadvantaged Business Enterprise (DBE) policy and practices, and the proposed participation of qualified and certified DBE subcontractors, may be used as a nominal evaluation criterion where appropriate in accordance with 49 C.F.R. Part 26. However, if a DBE goal has been established for the contract, the contractor’s DBE qualifications cannot be used as a scoring criterion. (5) Evaluation and Negotiation Process a. Evaluation and Ranking of Proposals 1. Following submission, proposals shall be evaluated and initially ranked based on the criteria established within the public solicitation. 2. Next, the City shall conduct interviews or other types of discussions with no fewer than three of the most highly-ranked contractors to clarify as necessary the technical approach, qualifications, and capabilities provided in response to the RFP. (If only two or three qualified proposals are received, the City shall interview all qualified contractors.) Discussions may be written, by telephone, video conference, or by oral presentation/interview, or may be waived if proposals contain sufficient information for evaluation of technical approach and qualifications to perform the specific project, task, or service with respect to established criteria. In instances where only two qualified contractors respond to the solicitation, the City may proceed with evaluation and selection if it is determined that the solicitation did not contain conditions or requirements that arbitrarily limited competition. In instances where only one qualified contractor responds to the solicitation, the City shall take reasonable steps to obtain more submissions, including extending the submission deadline or cancelling, modifying and re-advertising the procurement. If these steps remain insufficient to obtain at least two qualified contractor responses, the City may cancel the project or it may proceed with the evaluation/award process and, in consultation with GDOT, prepare a request for non-competitive award approval, which will be sent to FHWA. 3. From the proposal evaluation and any subsequent discussions that have been conducted, the City of Milton shall establish a final ranking, in order of preference, of at least three contractors determined most highly qualified to perform the solicited services based on the established and published criteria. 4. Notification regarding selection of the three most highly-ranked contractor shall be provided to all responding contractors. 5. The City shall then begin negotiations with the top-ranked contractor as set forth below. b. Procurement of Independent Price Estimate 1. Before negotiating with the top-ranked contractor over price, the City shall prepare a detailed independent estimate with an appropriate breakdown of the work or labor hours, types or classifications of labor required, other direct costs, and a fixed fee for the defined scope of work. The independent estimate shall serve as the basis for negotiation and ensuring the contractor services are obtained at a fair and reasonable cost. 2. Elements of contract costs (e.g., indirect cost rates, direct salary or wage rates, fixed fee, and other direct costs) shall be established separately in accordance with 23 C.F.R. § 172.11, and used to ensure the contractor services are obtained at a fair and reasonable cost. 3. In determining fair and reasonable compensation, the City will consider the scope, complexity, professional nature and estimated value of the serves to be rendered. c. Contract Provisions 1. In negotiating a contract, the City shall select one of the approved contract types specified at 23 C.F.R. § 172.9(a) and shall include in the contract all of the appropriate provisions specified in 23 C.F.R. § 172.9(a). 2. The contract shall state the method of payment that will be used. Permissible methods of payment are specified in 23 C.F.R. 172.9(b). 3. The contract may withhold retainage under the conditions specified in 23 C.F.R. 172.9(b)(6). 4. The contract shall require the contractor to be responsible for accounting for costs appropriately and for maintaining records, including supporting documentation, adequate to demonstrate that all costs claimed have been incurred, are allocable to the contract, and comply with federal cost principles. The contract shall provide that if a contractor charges unallowable costs, the City may pursue all available administrative, contractual, or legal remedies and impose such sanctions and penalties as may be appropriate. 5. Each contract shall also contain all of the provisions specified in 23 C.F.R. 172.9(c). For this purpose, the City may incorporate (and modify as necessary) acceptable provisions developed by the Georgia Department of Transportation, including those provisions set forth at Section 7.18 of the GDOT Transportation Services Procurement Manual. d. Negotiation 1. Negotiations shall proceed in order of ranking. After obtaining an independent price estimate, the City shall negotiate the terms of the contract, including price, with the top-ranked proposer. If the City is unable to negotiate a satisfactory contract, it shall formally terminate negotiations and then undertake negotiations with the next highest ranked proposer, and so on, continuing the process until an agreement is reached. If the City is unable to negotiate a satisfactory contract with any of the most qualified proposers, it shall select additional proposers in order of their competence and qualification and continue negotiations in accordance with this section until a satisfactory contract is achieved. 2. The negotiated contract shall allow only costs or prices that are allowable in accordance with federal cost principles. The City shall comply with the requirements of 23 U.S.C. § 112(b)(2) and 23 C.F.R. § 172.11(b) in calculating and negotiating contract costs or prices. 3. To the extent the City uses an accepted cost rate or is involved in reviewing a cost rate proposal, it shall comply with the requirements of 23 C.F.R. 172.11(c) and (d). 4. If concealed cost proposals were submitted in conjunction with technical/qualifications proposals, only the cost proposal of the contractor with which negotiations are initiated may be considered (cost proposals of multiple proposers may not be compared). Concealed cost proposals of contractors with which negotiations are not initiated should be returned to the respective contractor due to the confidential nature of this information (as specified in 23 U.S.C. § 112(b)(2)(E)). (c) Alternatives to Competitive Negotiation/Qualifications-Based Selection Requirement (1) Alternative Procurement Methods. a. When appropriate, the “Small Purchase” method or the “Noncompetitive” method of procurement may be used instead of the Competitive Negotiations/Qualifications-Based Selection method. The City shall document the reasoning for selecting an alternative procurement method in the procurement file. (2) Small Purchase/Simplified Acquisition Method. a. Applicability 1. The Small Purchase method may be used in the procurement of engineering and design related services where the total contract costs do not exceed the lesser of (a) the federal simplified acquisition threshold, which is $150,000 (subject to updating at 2 C.F.R. § 200.88); or (b) the state simplified acquisition threshold, which is $75,000 (subject to updating at O.C.G.A. § 50-22-7(d)). 2. Contracts procured under the Small Purchase method may not subsequently be modified or amended such that the total contract amount exceeds the threshold amount stated above. 3. The scope of work, project phases, and contract requirements shall not be broken down into smaller components merely to permit the use of Small Purchase procedures. b. Method of Procurement 1. For Small Purchase procurement, the City shall follow its standard procurement methods, subject to the following requirements: A. The City shall review submissions from a minimum of three contractors. In instances where only two qualified contractors respond to the solicitation, the City may proceed with evaluation and selection if it is determined that the solicitation did not contain conditions or requirements that arbitrarily limited competition. B. The allowability of costs shall be determined in accordance with federal cost principles. (3) Noncompetitive Method. a. Applicability 1. The Noncompetitive method shall be used only upon the joint recommendation of the Public Works Director and the Procurement Manager, based upon one of the following justifications: A. The service is available only from a single source; B. There is an emergency which will not permit the time necessary to conduct competitive negotiations; or C. After solicitation of a number of sources, competition is determined to be inadequate. 2. The City must submit justification to the Federal Highway Administration (FHWA) and receive approval before using this method of contracting. The only exception to this is in the event of an emergency purchase where it is not feasible to obtain approval prior to performing work. In this event, the City shall proceed with the work and gather the information necessitating the emergency purchase and submit to FHWA as soon as practical. b. Method of Procurement 1. The City shall use its standard noncompetitive procurement procedures, provided that the allowability of costs shall be determined in accordance with federal cost principles. (d) Additional Requirements for Contract Procurement and Administration (1) Conflicts of Interest. a. No employee, officer, or agent of the City may participate in the selection or in the award or administration of a contract if a conflict of interest, real or apparent, would be involved. Such a conflict arises when there is a financial or other interest in the contractor selected for award by: 1. The employee, officer, or agent; 2. Any member of his or her immediate family; 3. His or her partner; or 4. An organization that employs or is about to employ any of the above. b. The City’s officers, employees, and agents shall neither solicit nor accept gratuities, favors, or anything of monetary value (other than de minimis items such as a pad of paper or bottle of water) from current or potential contractors or subcontractors. c. The City shall promptly disclose in writing any potential conflict of interest to the Georgia Department of Transportation and the Federal Highway Administration. d. The City’s officers, employees, and agents shall comply with the additional ethical requirements set forth in Section 2-622 of the City of Milton Ordinances, the City of Milton Ethics Code, and the ethics regulations set forth at 23 C.F.R. § 1.33 and 2 C.F.R. § 200.112. (2) Contractor Services in Management Support Roles. a. Before procuring a contract for management support services under this sect ion, the City shall receive approval from the Federal Highway Administration. The City shall also comply with all provisions of 23 C.F.R. § 172.7(b)(5). (3) Confirming Contractor Eligibility. a. Before entering into any contract procured under this section, the City shall verify that the contractor (and subcontractors, if applicable) is not subject to suspension and debarment actions, as specified in 2 C.F.R. Part 1200 and 2 C.F.R. Part 180. (4) Contract Modifications. a. In any situation where contracts procured under this section are modified, modification shall comply with all provisions of 23 C.F.R. § 172.9(e). (5) Disadvantaged Business Enterprise Provisions a. In procurement and contracting, the use of quotas or exclusive set-asides for DBE contractors is prohibited. (6) Appointment of Responsible Contract Manager. a. For each contract procured under this section, the City shall appoint a qualified, full-time, public employee of the City to ensure that the work delivered under contract is complete, accurate, and consistent with the terms, conditions, and specifications of the contract. While an independent contractor may be procured to serve in a program or project management support role, or to provide technical assistance in review and acceptance of engineering and design rel ated services performed and products developed by other contractors, the City shall designate a public employee as being in responsible charge of the contract. A public employee may serve in responsible charge of multiple projects and the City may use multiple public employees to fulfill monitoring responsibilities. The duties of the responsible public employee shall be as set forth at 23 C.F.R. § 172.9(d)(1). (7) Performance Evaluation. a. At the appropriate time, the City shall prepare an evaluation summarizing the contractor's performance on any contract procured under this section. The contents and handling of the evaluation shall be as set forth at 23 C.F.R. § 172.9(d)(2). The evaluation shall be stored to allow the contractor’s performance data to be used in the City’s future evaluation and ranking of the contractor’s ability to provide similar services. (8) Auditing of Contract Costs. a. In coordination with the Georgia Department of Transportation, the City shall ensure that any contract or subcontract awarded in accordance with this section shall be performed and audited as necessary to comply with 23 C.F.R. § 172.11. (9) Record Retention. a. In addition to any requirements imposed by Georgia law, and subject to the specific provisions of 2 C.F.R. § 200.333, the City shall retain documentation of the solicitation, proposal, evaluation, and ranking of the successful contractor, as well as negotiation activities and resources used in the analysis of costs to establish elements of the contract, for three years from the date that the City issues a final acceptance to the contractor of the construction project or the design consultant’s work is complete as defined in the contract, whichever is later. This documentation shall include the contractor cost certification and documentation supporting the acceptance of any indirect cost rate to be applied to the contract. (10) Monitoring, Enforcing, and Contract Close-Out. a. The City shall follow its standard procedures, in coordination with the Georgia Department of Transportation, for monitoring the contractor's work and compliance with the terms, conditions, and specifications of the contract; determining whether the contractor has complied with the terms of the contract and pursuing appropriate legal remedies; and closing out a contract. HOME OF' HE BEST QUALITY OF LIFE IN GEORGIA' M T I tTON "t ESTABLISH ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 27, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of A Resolution Appointing A Member To The City of Milton Board of Zoning Appeals for District 1 /Post 1 MEETING DATE: Monday, March 6, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.,IAPPROVED ONOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (INO CITY ATTORNEY REVIEW REQUIRED: (J YES (INO APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: o/64roi9 REMARKS: © * Vain PHONE: 678.242.25001 PAX: 678.242.2499'�u ity " Info�ellyofmlllonga.uslwww.elfyoimiHonga.us WE _cEp"[o aaCommunG," o... �M - 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 s STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING A MEMBER TO THE CITY OF MILTON BOARD OF ZONING APPEALS FOR DISTRICT 1/POST 1 BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on March 6, 2017 at 6:00 pm. as follows: SECTION 1. That _______________ (District 1/Post 1) is hereby appointed for a term commencing March 6, 2017 and ending on December 31, 2017 and, SECTION 3. That this Resolution shall become effective upon its adoption. RESOLVED this 6th day of March 2017. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk M HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON'*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 27, 2017 FROM: Steven Krokoff, City Manager& AGENDA ITEM- A.,.,,,,,,i -f A. Name of Development / ouuurvnwn rlaT: Location Action Comments / #lots Total Density 1. Tanglewood Preserve - Acres Phase II LL 465 & 466 Final Plat Create 14 Lots 25.32 .56 Lots / Acre Chenery Drive MEETING DATE: Monday, March 6, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: 015`dPPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY. () APPROVED PLACED ON AGENDA FOR: 031601u.) REMARKS: I) NOT APPROVED (r^O (40 (/ NOT APPROVED y Touc PRONE: 678.242.25001 FAX: 678.242.2499 ®'Greeln :e *c mrr d" T 5% IMo@clfyofmlltonga.as l w .cllyofmBfcnga.us w,wua COmmU111 E'er 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 "M_ --...1Ty- 4� To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on February 24, 2017 for the March 6, 2017 Regular Council Meeting Agenda Item: Consideration of Subdivision Plat 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. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager Attachment(s): Plat List, Location Map, Plats New Business Plats Staff Memo Page 2 of 8 Name of Development / Location Action Comments / # lots Total Acres Density 1. Tanglewood Preserve - Phase II LL 465 & 466 Chenery Drive Final Plat Create 14 Lots 25.32 .56 Lots / Acre New Business Plats Staff Memo Page 3 of 8 New Business Plats Staff Memo Page 4 of 8 New Business Plats Staff Memo Page 5 of 8 New Business Plats Staff Memo Page 6 of 8 New Business Plats Staff Memo Page 7 of 8 New Business Plats Staff Memo Page 8 of 8