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Home My WebLink AboutAgenda Packet CC - 06/19/2017 - City Council Meeting Agenda Packet 2006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Monday, June 19, 2017 Regular Council Meeting Agenda 6:00 PM INVOCATION - Pastor Jerry Dockery, Crabapple First Baptist Church, Milton, Georgia CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 17-149) 4) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 19, 2017 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 5) CONSENT AGENDA 1. Approval of the June 5, 2017 Regular City Council Meeting Minutes. (Agenda Item No. 17-150) (Sudie Gordon, City Clerk) 2. Approval of the Financial Statements and Investment Report for the Period Ending May 2017. (Agenda Item No. 17-151) (Bernadette Harvill, Finance Director) 3. Approval of Amendment #1 to Agreement for Vehicle Maintenance and Repairs between the City of Milton and Express Oil Change, LLC. (Agenda Item No. 17-152) (Bernadette Harvill, Finance Director) 4. Approval of a Work Order between the City of Milton and VC3, Inc. for Conference Room Phones. (Agenda Item No. 17-153) (David Frizzell, IT Manager) 5. Approval of a Construction Services Agreement between the City of Milton and Pavement Technology, Inc. for an Asphalt Rejuvenation Treatment on Various City Streets. (Agenda Item No. 17-154) (Carter Lucas, Assistant City Manager) 6. Approval of a Contract between the City of Milton and Georgia Conservancy for Professional Consulting and Planning Services Regarding Land Acquisition for the Milton Greenspace Advisory Committee. (Agenda Item No. 17-155) (Kathleen Johnson, Conservation Project Manager) 6) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Cambridge High School and Milton High School Girls’ Lacrosse Team Day. (Presented by Councilmember Matt Kunz) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 19, 2017 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 7) FIRST PRESENTATION 1. Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct Election. (Agenda Item No. 17-156) (Ken Jarrard, City Attorney) 8) PUBLIC HEARING (None) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS 1. Consideration of an Ordinance of the City of Milton, Georgia to Amend Chapter 4, Alcoholic Beverages of the Code of the City of Milton, Georgia [Bring Your Own Beverage (BYOB)] (Agenda Item No. 17-145) (First Presentation at June 5, 2017 City Council Meeting) (Sarah LaDart, Economic Development Manager) 11) NEW BUSINESS 1. Consideration of a Resolution Appointing a Member to the City of Milton Equestrian Committee for District 1/Post 2. (Agenda Item No. 17-157) (Mayor Joe Lockwood) 2. Consideration of the following Subdivision Plat: Name of Development / Location Action Comments / # lots Total Acres Density 1. Kensley Ph. II Revision LL 1048 & 1049 Webb Road Final Plat 44 Lots 8.433 5.218 Lots / acre (Agenda Item No. 17-158) (Melissa Branen, Zoning Technician) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 19, 2017 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 12) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Community Development 2. Police 3. Information Technology 4. Human Resources 13) EXECUTIVE SESSION (if needed) 14) ADJOURNMENT (Agenda Item No. 17-159) TO: FROM: AGENDA ITEM: MEETING DATE: N1V�I LTO 1P ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: June 15, 2017 Steven Krokoff, City Manager 0 Approval of the Financial Statements and Investment Report for the Period Ending May 2017. Monday, June 19, 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: () YES (,ANO CITY ATTORNEY REVIEW REQUIRED: () YES (,ANO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: C& I I w) 2c 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 0000 info@cityofmiltonga.us I www.cityofmiltongo.us To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on June 15, 2017 for the June 19, 2017 Regular Council Meeting Agenda Item: Financial Statements and Investment Report for Period 8 – May 2017 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 3.16% over what is anticipated for the eighth period of the fiscal year. Total expenditures to-date are $16,807,910 and are 11.44% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $21,324,687, capital expenditures-to-date total $5,669,928. 1 of 12 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending May 2017 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 10,668,000 (7,737) 74,150 (81,887) 488,738 346,850 141,888 Motor Vehicle Tax 542,000 45,118 44,820 298 315,600 313,740 1,860 Intangible Tax 250,000 19,632 20,750 (1,119) 125,819 125,000 819 Real Estate Transfer Tax 115,000 7,050 9,545 (2,495) 36,447 57,500 (21,053) Franchise Fees 1,915,900 39,107 159,658 (120,551) 1,028,384 1,277,267 (248,883) Local Option Sales Tax 8,400,000 659,889 697,200 (37,311) 4,974,306 4,880,400 93,906 Alcohol Beverage Excise Tax 295,000 25,544 24,485 1,059 169,356 171,395 (2,039) Business & Occupation Tax 650,000 37,700 - 37,700 700,080 650,000 50,080 Insurance Premium Tax 2,000,000 - 200,000 (200,000) - 200,000 (200,000) Financial Institution Tax 38,150 - (7,850) 7,850 38,150 38,150 - Penalties & Interest 33,400 8,868 6,278 2,590 25,984 28,100 (2,116) Alcohol Beverage Licenses 140,000 - - - 145,794 140,000 5,794 Other Non-Business Permits/Licenses 19,485 1,756 1,750 6 15,478 13,039 2,439 Zoning & Land Disturbance Permits 217,200 3,220 18,093 (14,873) 55,605 144,742 (89,137) Building Permits 480,000 35,102 38,400 (3,298) 245,507 297,600 (52,093) Intergovernmental Revenue - - - - - - - Other Charges for Service 519,700 83,884 33,221 50,664 353,527 356,945 (3,418) Municipal Court Fines 560,000 49,685 45,899 3,786 302,319 356,128 (53,809) Interest Earnings 30,420 7,480 2,535 4,945 48,582 20,280 28,302 Contributions & Donations 23,000 1,250 23,000 (21,750) 25,557 23,000 2,557 Other Revenue 82,230 3,655 24,454 (20,799) 81,144 61,019 20,125 Other Financing Sources 1,017,126 81,844 83,069 (1,225) 667,829 664,554 3,276 Total Revenues 27,996,611 1,103,046 1,499,456 (396,410)9,844,206 10,165,709 (321,503) Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 166,759 8,391 11,513 (3,122) 89,623 106,282 (16,659) City Clerk 181,077 13,220 16,994 (3,774) 125,294 142,011 (16,717) City Manager 691,336 48,693 53,986 (5,293) 431,414 460,670 (29,257) General Administration 72,818 2,430 9,605 (7,175) 56,453 56,905 (452) Finance 452,793 29,471 33,512 (4,042) 298,332 314,316 (15,984) Legal 290,000 - - - 147,605 169,167 (21,561) Information Technology 948,414 53,281 76,841 (23,560) 665,819 644,683 21,136 Human Resources 334,445 18,951 25,531 (6,581) 166,155 220,718 (54,563) Risk Management 283,300 - - - 135,345 135,342 3 General Government Buildings 474,354 26,029 30,907 (4,877) 262,159 350,662 (88,503) Communications 205,479 6,059 16,175 (10,116) 99,374 132,049 (32,676) Community Outreach & Engagement 172,443 20,695 13,786 6,909 116,646 129,289 (12,643) Municipal Court 298,347 21,366 23,038 (1,672) 176,662 197,247 (20,585) Police 4,392,507 271,987 352,531 (80,543) 2,549,244 2,961,805 (412,561) Fire 6,680,719 392,237 635,183 (242,946) 4,123,621 4,688,311 (564,690) Public Works 2,427,495 123,080 197,830 (74,750) 1,133,361 1,612,341 (478,980) Parks & Recreation 1,432,760 43,178 84,442 (41,264) 826,745 1,056,560 (229,815) Community Development 952,840 64,850 80,426 (15,575) 558,634 635,900 (77,266) Economic Development 179,869 32,949 13,085 19,864 131,888 124,228 7,660 Debt Service - Capital Lease Payment 852,512 - 260,512 (260,512) 726,400 852,512 (126,112) Operating Transfers to Other Funds 5,926,518 484,845 484,845 0 3,987,138 3,987,135 3 Operating Reserve 77,828 - - - - - - Total expenditures 27,494,613 1,661,712 2,420,742 (759,030)16,807,910 18,978,133 (2,170,223) Net Income/(Loss)501,998 (558,666)(6,963,704) Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 of 12 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Earth Day Vendor Fee 305$ -$ -$ (305)$ Hometown Jubilee Vendor Fee - - - - Interest Revenues - 2 9 9 Crabapple Fest Sponsor 8,000 1,500 8,000 - Earth Day Sponsor 2,550 - 500 (2,050) Concert Sponsor - - - - Mayor's Run Sponsor 1,000 - - (1,000) Donations - - 371 371 T-shirt Sales - - - - Mayor's Run Reg. Fees - - 30 30 Roundup Food Sales - - - - Total revenues 11,855$ 1,502$ 8,910$ (2,945)$ EXPENDITURES Current: Special Events 75,065$ 6,646$ 40,856$ 34,209$ Total Expenditures 75,065$ 6,646$ 40,856$ 34,209$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 10,550$ 879$ 7,033.33$ (3,517)$ Transfers in from Hotel/Motel Tax Fund 47,000 6,339 44,059 (2,941) Total other financing sources and uses 57,550$ 7,218$ 51,093$ (6,457)$ Net change in fund balances (5,660)$ 19,147$ Fund balances - beginning 20,961 20,961 Fund balances - ending 15,301$ 40,108$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2017 3 of 12 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ 1,413$ 1,413$ Cash Confiscations/Fed Funds/US Marshal - - - - Cash Confiscations/Federal Funds - 153 16,835 16,835 Interest Revenues/State Funds - 2 15 15 Interest Revenues/Federal Funds - 3 18 18 Realized Gain on Investments/State Funds - - - - Budgeted Fund Balance - - - - Total revenues -$ 158$ 18,281$ 18,281$ EXPENDITURES Current: Police -$ -$ 758$ (758)$ Total Expenditures -$ -$ 758$ (758)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ 17,522$ Fund balances - beginning 114,515 114,515 Fund balances - ending 114,515$ 132,037$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2017 4 of 12 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 890,000$ 35,220$ 472,801$ (417,199)$ Interest Revenue - - - - Total revenues 890,000$ 35,220$ 472,801$ (417,199)$ EXPENDITURES Current: Public Safety 890,000$ -$ 285,144$ 604,856$ Total Expenditures 890,000$ -$ 285,144$ 604,856$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ Operating Transfer Out to Capital Projects -$ -$ -$ -$ Net change in fund balances -$ 187,658$ Fund balances - beginning 3 3 Fund balances - ending 3$ 187,661$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2017 5 of 12 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 67,000$ 6,339$ 44,059$ (22,941)$ Total revenues 67,000$ 6,339$ 44,059$ (22,941)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ -$ -$ (20,000)$ Transfers out to Special Events Fund 47,000 6,339 44,059 (2,941) Total other financing sources and uses 67,000$ 6,339$ 44,059$ (22,941)$ Net change in fund balances -$ -$ Fund balances - beginning - - Fund balances - ending -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2017 6 of 12 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 95,000$ 95,000$ 18,810$ 57,720$ (37,280)$ Infrastructure Maint Penalty & Interest - - - 25 25 Sidewalk Replacement Account - - - - - Crabapple Paving Fee - - - - - Traffic Calming - - - - - Tree Recompense - 17,000 - 17,000 - Landfill Host Fees 140,000 140,000 - 62,120 (77,880) HYA Fees - - - - Interest Revenue - - 38 84 84 Realized Gain or Loss on Investments - - - - - Cell Tower Lease - 77,412 8,252 52,100 (25,312) Insurance Proceeds/Public Safety - - - - - Insurance Proceeds/Parks & Rec - - - - - Insurance Proceeds/Public Works - - - - - Atlanta HIDTA Stipend - 3,000 750 3,750 750 Capital Lease Proceeds - - - - - Total revenues 235,000$ 332,412 27,850$ 192,800$ (139,612)$ EXPENDITURES Capital Outlay City Council 1,006,589$ 1,006,589$ -$ 47,537$ 959,052$ General Admin 13,762 13,762 - - 13,762 General Govt Bldg 5,021,494 5,851,494 163,523 4,390,862 1,460,632 Finance - - - - - IT 218,600 218,600 - 31,554 187,046 Court (1,700) - - - - Police 1,278,339 481,339 - 382,395 98,944 Fire 1,675,415 1,675,415 - 74,772 1,600,643 Public Works 7,803,020 7,803,020 2,366 279,559 7,523,461 Parks & Recreation 3,662,715 3,662,715 264,468 425,466 3,237,249 Community Development 624,753 611,753 5,595 37,782 573,971 Total Capital Outlay 21,302,987$ 21,324,687$ 435,952$ 5,669,928$ 15,654,760$ Excess of revenues over expenditures (21,067,987)$ (20,992,275) (408,102)$ (5,477,128)$ (15,794,372)$ OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 5,993,380$ 5,915,968$ 483,966$ 3,980,104$ (1,935,864)$ Transfers in from Capital Grant Fund 100,000 100,000 8,333 66,667 (33,333) Transfers in from E-911 Fund - - - - - Impact Fees/Law Enforcement Fund 15,557 15,557 - - (15,557) Impact Fees/Fire 89,145 89,145 - - (89,145) Impact Fees/Road 111,251 111,251 - - (111,251) Impact Fees/Park 668,123 668,123 - - (668,123) Transfer to the General Fund (243,000) (243,000) (20,250) (162,000) (81,000) Unallocated - - - - - Lease Proceeds - - - - - Proceeds of Sale of Assets - - - - Budgeted Fund Balance - - - - - Total other financing sources and uses 6,734,456$ 6,657,044 472,049$ 3,884,771$ (2,934,273)$ Net change in fund balances (14,333,531)$ (14,335,231) (1,592,357)$ Fund balances - beginning 14,897,782 14,897,782 14,897,782 Fund balances - ending 564,251$ 562,551$ 13,305,425$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2017 7 of 12 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues -$ -$ -$ -$ Interest Revenues 11 11 11 Bond Proceeds - 250,000 250,000 250,000.00 Total revenues -$ 250,011$ 250,011$ 250,011$ EXPENDITURES Capital Outlay Bond Principal - - - - Bond Interest - - - - Total Capital Outlay -$ -$ -$ -$ Excess of revenues over expenditures -$ 250,011$ 250,011$ 250,011$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Transfers out to General Fund - - - - Revenue Bond Proceeds - - - - Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ 250,011$ Fund balances - beginning - - Fund balances - ending -$ 250,011$ City of Milton Greenspace Bond Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2017 8 of 12 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues GDOT Crabapple Streetscape 500,000$ 500,000$ -$ -$ (500,000)$ GDOT TAP (Big Creek Greenway)50,000 50,000 - 50,000 - CDBG 9,340 9,340 - - (9,340) LMIG Funds 200,000 369,450 - 369,450 0 GDOT HPP Funds 3,736,940 3,736,940 - - (3,736,940) MARTA Grant 71,863 71,863 - 71,861 (2) SR 9 @ Bethany Bend Grant 872 872 - - (872) GDOT-Signage/Landscaping 4,062 4,062 - - (4,062) Trail Connection to Big Creek Greenway - - - - - Interest Revenues - - 36 129 129 Total revenues 4,573,077$ 4,742,527$ 36$ 491,440$ (4,251,087)$ EXPENDITURES Capital Outlay Unallocated -$ Public Safety - Public Works 4,953,009$ 5,122,459$ -$ 119,297$ 5,003,162$ Community Development 4,900 4,900 - - 4,900 Total Capital Outlay 4,957,909$ 5,127,359$ -$ 119,297$ 5,008,062$ Excess of revenues over expenditures (384,832)$ (384,832) 36$ 372,143$ 756,975$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfers in to General Fund - - -$ -$ -$ Transfer Out to Capital Projects Fund (100,000) (100,000) (8,333) (66,667) (33,333) Budgeted Fund Balance - - - - - Total other financing sources and uses (100,000)$ (100,000)$ (8,333)$ (66,667)$ (33,333)$ Net change in fund balances (484,832)$ (484,832)$ 305,476$ Fund balances - beginning 484,997 484,997 484,997 Fund balances - ending 165$ 165$ 790,473$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2017 9 of 12 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Admin Fund 26,522$ 2,937$ 24,252$ (2,270)$ Law Enforcement Fund 15,557 1,233 10,553 (5,004) Fire Fund 89,145 7,066 60,468 (28,677) Road Fund 111,251 8,819 78,566 (32,685) Park Fund 668,123 80,796 658,801 (9,322) Interest Revenues/Admin Fund - 1 5 5 Interest Revenues/Law Enforcement Fund - 0 2 2 Interest Revenues/Fire Fund - 3 11 11 Interest Revenues/Road Fund - 3 14 14 Interest Revenues/Park Fund - 30 128 128 Total revenues 910,598$ 100,890$ 832,801$ (77,797)$ EXPENDITURES Admin Police Fire Public Works Parks & Recreation Total Capital Outlay -$ -$ -$ -$ Excess of revenues over expenditures 910,598$ 100,890$ 832,801$ (77,797)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Transfer Out to General Fund/Admin (26,522) 26,522 Transfer Out to Capital Projects Fund/Law Enf (15,557) 15,557 Transfer Out to Capital Projects Fund/Fire (89,145) 89,145 Transfer Out to Capital Projects Fund/Road (111,251) 111,251 Transfer Out to Capital Projects Fund/Park (668,123) 668,123 Total other financing sources and uses (910,598)$ -$ -$ 910,598$ Net change in fund balances -$ 832,801$ Fund balances - beginning - - Fund balances - ending -$ 832,801$ City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2017 10 of 12 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues -$ -$ -$ -$ Interest Revenues 13 103 103 Contributions & Donations - - - - Total revenues -$ 13$ 103$ 103$ EXPENDITURES Capital Outlay General Government Buildings -$ -$ -$ -$ Parks & Recreation 48,059 - 7,220 40,839 Bond Principal - - - - Bond Interest - - - - Total Capital Outlay 48,059$ -$ 7,220$ 40,839$ Excess of revenues over expenditures (48,059)$ 13$ (7,116)$ 40,943$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Transfers out to General Fund (712,604) (59,384) (475,069) (237,535) Revenue Bond Proceeds - - - - Total other financing sources and uses (712,604)$ (59,384)$ (475,069)$ (237,535)$ Net change in fund balances (760,663)$ (482,186)$ Fund balances - beginning 762,158 762,158 Fund balances - ending 1,495$ 279,972$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2017 11 of 12 Amount Percent Yield Money Market - Quantum Bank 7,206,211 51%0.55% Money Market - EastWest Bank 4,831,323 34%0.63% GA Fund 1 2,141,818 15%0.84% Grand Total Investment Portfolio 14,179,351 100% Interest earned to-date 47,323 Budgeted interest 30,000 Variance over/(under)17,323 Month Ending May 31, 2017 Investment Portfolio City of Milton 12 of 12 MILTONTIP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 5, 2017 FROM: Steven Krokoff, City Manager 0 AGENDA ITEM: Approval of Amendment # 1 to Agreement for Vehicle Maintenance and Repairs between the City of Milton and Express Oil Change, LLC MEETING DATE: Monday, June 19, 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: (P rES () NO CITY ATTORNEY REVIEW REQUIRED: (,, iES () NO APPROVAL BY CITY ATTORNEY: (J,,,APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0L ll q/ 20 ;1 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 01000 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on June 2, 2017 for the June 19, 2017 Regular City Council Meeting Agenda Item: Approval of Amendment #1 to Agreement for Vehicle Maintenance and Repairs between the City of Milton and Express Oil Change, LLC _____________________________________________________________________________________ Project Description: This amendment will extend the current contract expiration date to the end of the fiscal year (September 30, 2017). This extension will align the contract terms of this agreement with other vehicle maintenance and repairs agreements the city has entered into. The original agreement, dated June 2, 2014, was based on a formal bid. Procurement Summary: Purchasing method used: RFP Account Number: Vehicle Repair and Maintenance across departments Requisition Total: N/A Vendor DBA: Velocity Ventures, Inc Financial Review: Honor Motes – June 2, 2017 Legal Review: Sam VanVolkenburgh – May 19, 2017 Attachment(s): Amendment #1 to Agreement for Vehicle Maintenance and Repairs PC. EOF•r.-c Ir„—1— --Ifl--- .. M I LTO.N esl—U-HFC, 1.16 AMENDMENT #1 TO AGREEMENT FOR VEHICLE MAINTENANCE AND REPAIRS WHEREAS, the City of Milton, Georgia (`City") and Express Oil Change, L.L.0 (Delaware) ('Contractor") have entered into an Agreement for Vehicle Maintenance and Repairs (the "Agreement") dated June 2, 2014, incorporated herein by reference, for the maintenance and repairs to city vehicles; and WHEREAS, the parties desire to amend the Agreement pursuant to Section II(A) of the Agreement, it being to the mutual benefit of all parties to do so, as set forth herein for the reasons and consideration set forth herein; and WHEREAS, the City has determined that a limited extension of the term of the Agreement, is justified on grounds that it will allow the City to coordinate its contracts to its fiscal year beginning each year on October 1, and that as the existing provider of services under the Agreement Contractor is a "brand name" service under the City's Purchasing Policy that can be selected without competition on grounds of operational effectiveness; NOW THEREFORE, the parties hereto agree to amend the Agreement as follows: 1. Section 1 (C) Schedule, Completion Date, and Term of Agreement; is extended to September 30, 2017. 2. It is agreed by the parties hereto that all of the other terms and conditions of the Agreement, including all unamended portions, shall remain in full force and effect other than as modified herein. Upon execution by all parties, this amendment shall be attached to and form a part of said Agreement. IN WITNESS WHEREOF, the parties hereto have caused this amendment to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON FOLLOWING PAGE] Express Oil Cha �ge .)P Signature: � //7 Printed Name: -Z'ho 5 - Title: Title: Memb /Manager circle one) Vt c-- 5�6!2 Date: _6/ /17"^, ,4 - Attest --- CITY OF MILTON: Joe Lockwood, Mayor Date: (CITY SEAL) Attest Sudie Gordon, City Clerk Approved as to form: City Attorney 2 �i 1 i a M.,ILTON"11N ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 12, 2017 FROM: Steven Krokoff, City Manager O)� AGENDA ITEM: Approval of a Work Order between the City of Milton and VC3, Inc. for Conference Room Phones MEETING DATE: Monday, June 19, 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: (%k?ES () NO CITY ATTORNEY REVIEW REQUIRED: (4"'YES () NO APPROVAL BY CITY ATTORNEY: (APPROVED () NOT APPROVED PLACED ON AGENDA FOR: C;6. 9 I2cil 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I v~.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: David Frizzell, IT Manager Date: Submitted on June 5th for the June 19th Regular City Council Meeting Agenda Item: Approval of a Work Order between the City of Milton and VC3, Inc. for conference room phones. _____________________________________________________________________________________ Project Description: This work order will add five leased conference phones onto the city’s existing contract for help desk services. There is an initial setup fee of $750.00 for the service, after which the city will be charged $216.92 on a monthly recurring basis. The total cost for FY17 will be $1,400.76, which will be drawn from the existing budget for VC3 services. Procurement Summary: Purchasing method used: Contract Addendum Account Number: 100-1535-523850127 $ 1,400.76 Requisition Total: $ 1,400.76 Vendor DBA: VC3, Inc. Financial Review: Bernadette Harvill - June 6, 2017 Legal Review: Sam VanVolkenburgh - June 2, 2017 Attachment(s): WO_Milton_VA_CONFERENCE_ROOMS.pdf City of Milton, GA VC3 Voice Advantage Solution Work Order Number:8136529 Master Services Agreement Dated:11/4/2014 Effective Date of Work Order:6/3/2017 Account Executive:Josh Cox Atlanta Columbia Raleigh 1301 Gervais Street, Suite 1800 | Columbia, SC 29201 800.787.1160 2.1 Table A Included Hardware Qty Soundstation IP 6000 5 Soundstation IP 6000 Mic Kit 3 Professional Services $750.00 Total One Time Costs 8 $750.00 Package Description & Additional items Qty Unit MRC Total MRC Unit NRC Total NRC VoiceAdvantage Professional 5 21.50$ 107.50$ -$ -$ VoiceAdvantage Premium 0 26.50$ -$ -$ -$ Conference Room Phone Hardware 1 94.92$ 94.92$ -$ -$ Also included: User Add-Ons Voice Mail 0 1.50$ -$ -$ -$ Voice Mail Only / Forwarding User 0 5.00$ -$ -$ -$ Group Add-Ons Auto Attendant (per tree)0 12.00$ -$ -$ -$ Conferencing (per port)0 10.00$ -$ -$ -$ Virtual Fax (500 Pages Included)0 20.00$ -$ -$ -$ Hosted Fax Adapter (500 Pages Included)0 25.00$ -$ -$ -$ Call Center Call Center Standard Agent 0 20.00$ -$ 100.00$ -$ Call Center Agent Software 0 40.00$ -$ 300.00$ -$ Call Center Supervisor Software 0 70.00$ -$ 500.00$ -$ Call Recording (requires DID)0 10.00$ -$ 150.00$ -$ Advanced IVR Advanced IVR Service 0 300.00$ -$ 1,000.00$ -$ Inbound IVR per min 0 0.06$ -$ -$ -$ Outbound IVR per min 0 0.08$ -$ -$ -$ TTS IVR addon per min 0 0.02$ -$ -$ -$ Speech Rec IVR addon Per min 0 0.04$ -$ -$ -$ DID and Toll Free DID Local DID 5 2.00$ 10.00$ -$ -$ Toll-Free DID 0 3.00$ -$ -$ -$ DID Port 0 -$ -$ 18.00$ -$ Long Distance Long Distance Minutes 150 0.03$ 4.50$ -$ -$ Toll Free Minutes 0 0.04$ -$ -$ -$ Long Distance overage charge per minute 0.04$ Toll Free overage charge per minute 0.05$ 1. Overview of Work Order This Work Order No.____is part of and incorporated into the Master Services Agreement referenced above between Customer and VC3,Inc.(the “Agreement”)and is subject to the terms and conditions of the Agreement and any definitions contained in the Agreement.If any provision of this Work Order conflicts with the Agreement,the terms and conditions of the Agreement shall control unless this Work Order specifically states that a particular term and condition of the Agreement is being amended for the purposes of this Work Order. VC3 will provide the following services for Customer under this Work Order (the “Services”) for the following fees: 2. Summary of Scope and Services and Fees Customer Intials _________2 SEW_Milton_VA_CONFERENCE_ROOMS Faxing Overage Per Page $0.050 2.2 2.3 2.4 3.1 3.2 3.3 4.1 In the event of the termination of this Work Order (other than by Customer for material breach of VC3 in accordance with Section 3 of the Agreement),Customer shall pay VC3 100%of the monthly recurring charges for each month left in the Initial Term or applicable Renewal Term. 3. Term The provisions of this Section 3 are all subject to the annual termination and automatic renewal provisions set forth in Section 3 of the Master Services Agreement. To the extent allowed by law,customer shall be responsible for all costs,expenses,claims or actions arising from calls the purpose or effect of which is theft or unauthorized usage of communications services or misleading or fraudulent communications of any nature (including,without limitation,communications intended to effect theft through unauthorized use of calling cards)and all unauthorized or fraudulent communications on pay-per-call numbers,information service calls,directory assistance calls or the like for which VC3 is billed that are passed through to the Customer (collectively,"Fraudulent Calls").Customer shall not be excused from paying VC3 for any Services provided to Customer or any portion thereof on the basis that Fraudulent Calls comprised a corresponding portion of the Services.In the event VC3 discovers Fraudulent Calls being made (or reasonably believes Fraudulent Calls are being made),VC3 shall immediately notify Customer.Notwithstanding the foregoing,nothing contained herein shall prohibit VC3 from taking immediate action (within one (1)hour of VC3 first attempt to notify Customer)that is reasonably necessary to prevent such Fraudulent Calls from taking place,including without limitation,denying any Services to particular ANIs or terminating any Services to or from specific affected locations. Prior to cut-over,VC3 will temporarily install a monitoring device to confirm sufficient internet integrity.If this test for quality of service does not meet the minimum requirements,Customer will be responsible for resolving any network latency or quality of service issues prior to VC3 implementing the VoiceAdvantage solution.Minimum requirements are based on the number of concurrent off-net calls at each location at 64kbps per call. This Work Order shall begin and become effective on the Effective Date set forth above and shall continue for an initial term of 60 full calendar months from the date of the first invoice,thereafter (the “Initial Term”).The terms of this work order will automatically renew for an additional term of equivalent length to the current active term unless notice of termination is provided to VC3 no fewer than 90 calendar days prior to expiration of the current active term. A detailed description of all of VC3’s VoiceAdvantage service offerings is set forth in Section 2.1 of this Work Order,which includes the above Services Customer is initially subscribing to purchase as of the Effective Date of this Work Order. 4. Required Equipment The equipment required for Customer to utilize the Services is detailed in Section 2.1 of this Work Order. VC3 shall have the right to notify Customer of any changes to or additions to any required equipment necessary to utilize the Services. Customer Intials _________3 SEW_Milton_VA_CONFERENCE_ROOMS 5.1 5.2 5.3 5.4 5.5 Customer is wholly responsible for any and all E911 changes. VC3 hereby notifies Customer as follows: (a) 9-1-1 emergency calls will be routed ONLY to the address reflected on the applicable customer service order, and that in the event of a failure of the Services 9-1-1 emergency calls may not be completed successfully, and (b) Customer is solely responsible for ensuring that its premise equipment is functional and that power is available to such premise equipment. (c) Custom is responsible for notifying VC3 of any relocation of devices that result in a change of street address. VC3 SPECIFICALLY ADVISES CUSTOMER OF THE FOLLOWING CIRCUMSTANCES UNDER WHICH E911 SERVICE MAY NOT BE AVAILABLE THROUGH THE INTERCONNECTED VOIP SERVICE OR MAY BE IN SOME WAY LIMITED BY COMPARISON TO TRADITIONAL E911 SERVICES: 5. Other Terms VC3 may from time to time suspend Service for routine maintenance or rearrangement.VC3 will give Customer a minimum of three (3)business days advance notification (via phone or email)of such maintenance and VC3 shall use commercially reasonable efforts to ensure that such maintenance shall not interrupt service to Customer and shall be performed between the hours of 11:30 PM to 6:00 AM est time,except in cases where emergency maintenance is necessary and unavoidable.VC3 may amend or modify Services provided such modifications do not materially effect,interrupt,or increase the cost of such Services with twenty (20)days written notice to Customer.In the event of a need for emergency repairs as much notice as practicable will be given. Both parties shall provide the other party (and revise as necessary)a list of contacts for maintenance and escalation purposes.VC3 will maintain a point-of contact for Customer to report a degradation or interruption in Service (“Service Outage”)to VC3 twenty- four (24)hours a day,seven (7)days a week.When Customer believes that a Service Outage has occurred,Customer must contact VC3’s Network Operations Center ("NOC")at 800-787-1160 to identify the Service degradation and initiate an investigation of the cause of the Service Outage (“Trouble Ticket”).If VC3 becomes aware of a service degradation,VC3 will contact Customer to determine whether a Trouble Ticket should be initiated.Once the Trouble Ticket has been opened,the appropriate VC3 personnel will initiate diagnostic testing and isolation activities to determine the source and severity of the degradation in Service.If there is a Service Outage,VC3 and Customer will cooperate to restore Service.A Service Outage ends when the affected Service is fully operative.In the event of a Service failure or outage,VC3 agrees to use commercially reasonable efforts to have repair personnel working to restore the affected Services within six (6)hours after receiving notification of the outage or failure by the Customer, or when first noticed by the VC3. (a) If the physical telephone is moved to another address other than the address that is on file with VC3. Customer acknowledges having received and understood the advisory described in this Section 5.2. If any government statute or regulation or order by a court of law or regulatory authority directly (a)prohibits performance under this Work Order,(b)makes such performance illegal,impossible or impractical,or (c)effects a change which has a material adverse impact upon either party’s performance of its obligations under this Work Order,then the parties will use all reasonable efforts,to either (1)revise or amend such conflicting statute or regulation or order by a court of law or regulatory authority or (2) revise this Work Order (a)so that performance under this Work Order is no longer prohibited,illegal,impossible or is no longer impacted in a material adverse fashion,and (b)in a manner that preserves,to the maximum extent possible,the respective original intent of the parties.Each party will endeavor to provide reasonable notice to the other party as to any proposed law, regulations or any regulatory proceedings or actions that could affect the rights and obligations of the parties under this Work Order.If the parties are unable to revise this Work Order in accordance with the above,then the party whose performance is rendered prohibited,illegal,impossible,impractical or is impacted in a material adverse manner shall have the right to,at its sole discretion,to cease performance of any such obligations or Services that are so prohibited,impossible,impractical or material and adversely affected without further obligation or liability upon thirty (30)days’prior written notice to the other party (or less if required by law).The parties will continue to perform all such obligations and Services under this Work Order that are not so prohibited,impossible,impractical or material and adversely affected;provided if a material part of the rights and obligations under this Work Order are suspended in accordance with the above and the performance of the remaining obligations would not reasonably maintain the respective original intent of the parties or would not serve the essential purpose of this Work Order,then either party shall have the right,at its sole discretion,to terminate this Work Order without further obligation or liability upon thirty (30) days’ written notice to the other party. This Work Order is subject to all applicable federal,state and local laws,and regulations,rulings,orders,and other actions of governmental agencies.It is agreed that each party shall obtain,file,and maintain any tariffs,permits,certifications, authorizations,licenses or similar documentation as may be required by any governmental body or agency having jurisdiction over its business. Customer Intials _________4 SEW_Milton_VA_CONFERENCE_ROOMS 5.6 5.7 5.8 5.9 5.10 Table B Total Fees Recurring Fees Monthly VoiceAdvantage service fee $ 216.92 Long Distance overage charge per minute $ 0.040 Toll Free overage Charge per minute $ 0.050 Faxing Overage Per Page $ 0.050 Hardware Professional Services Milestone Billing Invoice Amount Contract Signing $ 750.00 Product Ordering $ - $ 750.00 Services invoiced at the signing of Work Order. Milestone Description/Date 100% of hardware and maintenance at time of ordering Total $ - $ 750.00 6. Invoicing VC3 will invoice Customer per Table B. VC3 will invoice the implementation fee upon receipt of the signed customer work order. VC3 will invoice the customer a pro-rated monthly fee based on any partial month of service plus the first full month of service on the effective services start date. All subsequent service months will be invoiced at the start of the month in which services are to be rendered. If additional services are turned on during the course of a month, then fees associated with those services will be included in the next customer invoice. Any taxes or regulatory fees related to services purchased or licensed pursuant to this Work Order shall be added to the invoice and paid by customer or customer shall present an exemption certificate acceptable to the taxes or regulatory authorities. Applicable taxes and freight charges shall be billed as a separate item on the invoice. Customer may reduce VoiceAdvantage Seat count to no less than 75% of contracted amount. Unit rates will increase 3% annually on the anniversary of the Effective Services Start Date. One-Time Fees VC3 will supply the necessary qualified resources to remotely manage and support the telephony services specified in this work order on a 24x7 basis.Add/edit/delete activities for telephony accounts will be provided during the hours of 8 am to 5 pm EST, Monday through Friday, excluding holidays. Directory Listing &Directory Assistance (DL/DA)is a service that provides one simple listing per telephone number service address (only one number per address is allowed).A simple listing is one non-bolded,basic listing published via the geographically relevant directory publisher.VC3 will publish the numbers into the DL/DA service but cannot control what directory publishers do with this information. VC3 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.VC3 certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work.VC3 and Customer 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.VC3 and Customer 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 This Work Order shall be governed in all respects by the laws of the United States of America and the State of Georgia without regard to conflicts of law principles.All disputes arising under this Work Order shall be brought in the state or federal courts located in Fulton County,Georgia,as permitted by law.This is an amendment to the terms of the Master Services Agreement for purposes of this Work Order. The terms of this Work Order and the Master Services Agreement are public records and may be disclosed as required by law. This is an amendment to the terms of the Master Services Agreement for purposes of this Work Order. Customer Intials _________5 SEW_Milton_VA_CONFERENCE_ROOMS VC3, Inc.City of Milton, GA Attested Approved as to Form Date: ________________________________________Date: ___________________________________________ Name: ________________________________________ Title: ________________________________________ Name: ___________________________________________ Title: ___________________________________________ Date: ________________________________________ Name: ________________________________________ Title: ____________City Clerk________________ Date: ________________________________________ Name: ________________________________________ Title: ____________City Attorney________________ Customer Intials _________6 SEW_Milton_VA_CONFERENCE_ROOMS TO: FROM: 11 �z MI LTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: June 13, 2017 Steven Krokoff, City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Pavement Technology, Inc. for an Asphalt Rejuvenation Treatment on Various City Streets. MEETING DATE: Monday, June 19, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: QAAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: QIYES () NO CITY ATTORNEY REVIEW REQUIRED: Q-'sES () NO APPROVAL BY CITY ATTORNEY: (, I PPROVED (J NOT APPROVED PLACED ON AGENDA FOR: ' �' it `i f z, i1 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Matthew Fallstrom- Capital Projects Manager Date: Submitted on June 12th for the June 19th Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Pavement Technology, Inc. for an Asphalt Rejuvenation treatment on various city streets. _____________________________________________________________________________________ Project Description: Following the city’s pavement management plan an Invitation to Bid (ITB) was issued for a pavement preservation treatment for the following Roads: Thomas Creek Ct. Champions View Dr. Highlands Manor Ct. Champions View Pkwy Cedar Farms Champions Vista Ct. The Hermitage Dr. Oakmeade Trace Plantation Trace Chantress Ct. Plantation Cove Harmony Ct. Shadecrest Ct. Cadence Ct. Pleasant Hollow Trl. Avening Ct. Old Barn Court Camleon Ct. Old Barn Lane Feyston Ct. Wyndham Farms Way Laurel Grove Dr. Wyndham Farms Dr. Laurel Grove Ln. Springfield Creek Rd. The Hermitage Springfield Creek Way Arklow Dr. Oakhurst Leaf Dunbrody Dr. Hallbrook Ln. Dunbrody Ave. Galloway View Itaska Walk Procurement Summary: Purchasing method used: Bid Award-ITB (Over $50,000) Account Number: 300-4101-522260000 Requisition Total: $ 76,891.24 Vendor DBA: Other quotes or bids submitted (vendor/$): Vendor/Firm Quote/Bid Pavement Technology, Inc. 76,891.24 Financial Review: Bernadette Harvill, 6/13/2017 Legal Review: Jarrard & Davis, LLP – Sam VanVolkenburgh, 5/19/2017 Attachment(s): Construction Services Agreement. HOMEOF'- - - - - M I LTON't ESTABLISHED 2006 CONSTRUCTION SERVICES AGREEMENT FY 17 Asphalt Rejuvenation Project (the "Project") This Agreement (the "Agreement") to provide asphalt rejuvenation is made and entered into this _ day of , 2017, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton City Council (hereinafter referred to as the "City"), and Pavement Technology Inc. a Ohio corporation with its principal place of business located at 24144 Detroit Rd, Westlake, Ohio 44145 (hereinafter referred to as the "Contractor") (City and Contractor hereinafter jointly referred to as the "Parties"). WITNESSETH: WHEREAS, the City desires to retain a contractor to perform services for the installation of a Project, as defined below; and WHEREAS, the City solicited bids for installation of the Project pursuant to the Request for Bids dated May 9, 2017, attached hereto as "Exhibit A" and incorporated herein by reference; and WHEREAS, the Contractor submitted a complete and timely bid attached hereto as "Exhibit B" and incorporated herein by reference, and met all bid requirements such that the City awarded Project Number 17-PW06 to the Contractor; and WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, the Contractor has represented that it is qualified by training and experience to perform the Work; and WHEREAS, based upon Contractor's bid, the City has selected Contractor as the successful bidder, and WHEREAS, Contractor desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work, and Contractor is aware that it must be licensed to do business in the State of Georgia. NOW THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do zn mutually agree as follows: Section 1. Contract Documents This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the "Contract Documents": A. Request for Bids, attached hereto as "Exhibit A"; B. Bid Documents from Contractor, dated May 9th, 2017, attached hereto as "Exhibit 819. C. Scope of Work, attached hereto as "Exhibit C"; D. Any required Maintenance Bonds, Performance Bond and/or Payment Bond, attached hereto collectively as "Exhibits D.l, D.2 and D.3",- E. .3"; E. Noncollusion Affidavit of Prime Bidder, attached hereto as "Exhibit E"; F. Final Affidavit, attached hereto as "Exhibit F"; G. Alien Employment affidavits, attached hereto as "Exhibits G.1 and G.211; H. Plans, drawings and specifications, attached hereto collectively as "Exhibit H"; I. Additional Payment/Retainage Requirements, attached hereto as "Exhibit I"; J. Key Personnel, attached hereto as "Exhibit J"; K. Contract Administration provisions (if issued), attached hereto as "Exhibit K"; L. General Conditions (if issued), attached hereto as "Exhibit L"; M. Supplementary Conditions (if issued), attached hereto as "Exhibit M"; N. Notice of Award, attached hereto as "Exhibit N"; O. City of Milton Code of Ethics (codified in the official Code of the City of Milton); P. The following, which may be delivered or issued after the Effective Date of the 2 Agreement and are not attached hereto: All Change Orders (defined in Section 6 below), other written amendments, and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties. Section Z. Project Description; Architect; Engineer; Contract Administrator A. Project. The scope of the Project generally consists of applying an asphalt pavement preservation surface treatment in accordance with the specific scope of services provided in the ITB (included as Exhibit A) and generally described as the following: The contractor will provide an asphalt rejuvenation surface treatment to the city's streets. The contractor will provide and furnish all labor, materials and equipment required or inferred from the Specifications to complete the Work B. Architect/Engineer (if any). (i) Architect [if applicable]. The Project has been designed by NIA (hereinafter referred to as the "Architect"). The Architect will have authority to act on behalf of the City only to the extent provided in the Contract Documents, unless otherwise modified in accordance with the provisions of this Agreement. (ii) Engineer [if applicable]. The Project has been designed by N/A (hereinafter referred to as the "Engineer"). The Engineer will have authority to act on behalf of the City only to the extent provided in the Contract Documents, unless otherwise modified in accordance with the provisions of this Agreement. C. Contract Administrator. The Contract Administrator for this Agreement shall be: N/A Section 3. The Work A. The Work. The work to be completed under this Agreement (the "Work") includes all tasks specified and indicated in the Contract Documents, as well as all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term "reasonably inferable" takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be included in the specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents. B. Notice to Proceed. The City will issue a Notice to Proceed, which Notice to 3 Proceed shall state the dates for beginning Work ("Commencement Date") and the Expected Date of Final Completion (defined in Section 4(A) below). Unless otherwise approved, the Contractor shall perform its obligations under this Agreement as expeditiously as is consistent with reasonable skill and care and the orderly progress of the Work. C. Plans; Drawings and Specifications. The plans, drawings and specifications provided in "Exhibit H", attached hereto, are hereby acknowledged by the Parties and incorporated herein by reference. D. Shop Drawings, Product Data, and Samples. Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents, but must be in conformity therewith. The purpose of their submittal is to demonstrate, for those portions of the Work for which submittals are required by the Contract Documents, the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. (i) "Shop Drawings" are drawings, diagrams, schedules and other data specifically prepared for the Work by the Contractor or a subcontractor, sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. (ii) "Product Data" are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. (iii) "Samples" are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. The Contractor shall review for compliance with the Contract Documents and shall approve and submit to the Contract Administrator Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the City or of separate contractors. By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Contract Administrator without action. The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved in writing by the Contract Administrator, provided that submittals that are not required by the Contract Documents may be returned without action. 4 The Work shall be completed in accordance with approved submittals, provided that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Contract Administrator's approval of Shop Drawings, Product Data, Samples or similar submittals, unless the Contractor has specifically informed the Contract Administrator in writing of such deviation at the time of submittal and (1) the Contract Administrator has given written approval to the specific deviation as a minor change in the Work, or (2) a written Change Order has been issued and approved to authorize the deviation. The Contract Administrator's approval of the Shop Drawings, Product Data, Samples or similar submittals shall not relieve the Contractor of responsibility for errors or omissions therein. The Contractor shall, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, direct the Contract Administrator's attention to any additional revisions included other than those requested by the Contract Administrator on previous submittals. In the absence of such written notice drawing the Contract Administrator's attention to such additional revisions, the Contract Administrator's approval of a resubmission shall not apply to such additional revisions. The Contractor shall maintain at the Project site(s) one record copy of the Contract Documents in good order and marked currently to record field changes and selections made during construction and one record copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These documents shall be available to the City and Contract Administrator and shall be delivered to the Contract Administrator or City upon completion of the Work. Section 4. Contract Term; Liquidated Damages; Expedited Completion; Partial Occupancy or Use A. Contract Term. The term of this Agreement ("Term") shall commence on the Effective Date and continue until the earlier of the Expected Date of Final Completion or the proper termination and non -renewal of this Agreement (provided that certain obligations, including but not limited to Warranty obligations, will survive termination/expiration of this Agreement). Contractor warrants and represents that it will perform its Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The Contractor shall commence Work pursuant to this Agreement within ten (10) business days of the Commencement Date provided by the City, and the Parties intend that all Work shall be completed on or before September 1, 2017 (the "Expected Date of Final Completion"). Every effort will be made by Contractor to shorten this period. If the Term of this Agreement continues beyond the fiscal year in which this Agreement is executed, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City at the end of the City's fiscal year (September 30) each year of the Term, and further, that this Agreement shall automatically renew on October 1 5 of each subsequent fiscal year absent the City's provision of written notice of non- renewal to Contractor at least five (5) calendar days prior to the end of the then current fiscal year. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by the City. B. Time is of the Essence, Liquidated Damages. Contractor specifically acknowledges that TIME IS OF THE ESSENCE of this Agreement and that City will suffer financial loss if the Work is not completed in accordance with the deadlines specified in Section 4(A) above and within the Contract Documents. The City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City if the Work is not completed within the specified times. Accordingly, instead of requiring any such proof, the City and Contractor agree that, as liquidated damages for delay (but not as a penalty), the Contractor shall pay to the City NIA and 00/100 Dollars ($ 00.00) for each and every calendar day that expires after a deadline provided in the Contract Documents. C. Expediting Completion. The Contractor is accountable for completing the Work within the time period provided in the Contract Documents. If, in the judgment of the City, the Work is behind schedule and the rate of placement of work is inadequate to regain scheduled progress to ensure timely completion of the entire Work or a separable portion thereof, the Contractor, when so informed by the City, shall immediately take action to increase the rate of work placement by: (1) An increase in working forces; (2) An increase in equipment or tools; (3) An increase in hours of work or number of shifts; (4) Expediting delivery of materials; and/or (5) Other action proposed if acceptable to City. Within five (5) calendar days after such notice from City that the Work is behind schedule, the Contractor shall notify the City in writing of the specific measures taken and/or planned to increase the rate of progress. The Contractor shall include an estimate as to the date of scheduled progress recovery. Should the City deem the plan of action inadequate, the Contractor shall take additional steps to make adjustments as necessary to its plan of action until it meets with the City's approval and such approval is provided in writing by the City. D. Partial Occupancy or Use. The City may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement between the City and Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the City and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the G Work and commencement of warranties required by the Contract Documents. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. Immediately prior to such partial occupancy or use, the City, Contractor and Contract Administrator shall jointly inspect the area to be occupied, or portion of the Work to be used, in order to determine and record the condition of the Work. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. Section 5. Contractor's Compensation; Time and Method of Payment A. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $_76,891.24 (the "Maximum Contract Price"), The compensation for Work performed shall consist of a unit priced contract for an asphalt rejuvenation treatment, The compensation for Work performed shall be based upon a unit price and Contractor represents that the Maximum Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. B. Additional Payment Requirements. Additional payment requirements are included as "Exhibit I", attached hereto and incorporated herein by reference. C. Material Deviations. Any material deviations in tests or inspections performed, or times or locations required to complete such tests or inspections, and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through written Change Orders, as described in Section 6 below. Whenever the Contract Administrator considers it necessary or advisable, it shall have authority to require inspection or testing of the Work. However, neither this authority of the Contract Administrator nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Contract Administrator to the Contractor, subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. D. Taxes. The City is a governmental tax-exempt entity and shall not be responsible for paying any taxes on any materials or services provided for herein. At Contractor's request, City shall provide evidence of its tax-exempt status. To the extent, if any, that the City furnishes tangible personal property to Contractor for incorporation into the Project, Contractor shall be responsible for paying the amount of tax owed for such tangible personal property. Section 6. Change Orders A. Change Order Defined. A "Change Order" means a written modification of the Contract Documents, signed by representatives of the City and the Contractor with appropriate authorization. 7 B. Right to Order Changes. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Change Orders and executed by the Contractor and the City. Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms, and the Contractor shall proceed with the changed work. C. Change Order Requirement. Any work added to the scope of this Agreement by a Change Order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly executed on behalf of the City and the Contractor. D. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Milton City Council, any number of Change Orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section 5(A) above. Any such Change Orders materially altering the terms of this Agreement, or �Lny Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Milton City Council. E. Minor Changes in the Work. The Contract Administrator will have the authority to order minor changes in the Work not involving adjustment in the Maximum Contract Price or extension of the Term and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order signed by the Contract Administrator. The Contractor shall carry out such written orders promptly. If the minor changes subsequently may affect adjustments in the Maximum Contract Price or the Term, the changes shall then be converted to a written Change Order by the requesting Party. Section 7. Covenants of Contractor A. Ethics Code; Conflict of Interest. (i) Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of his knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Contractor become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Contractor shall immediately notify the City. If the City determines that a conflict of interest exists, the City may require that Contractor take action to remedy the conflict of interest or terminate the Agreement without liability. The City shall have the right to recover any fees paid for services rendered by Contractor when such services were performed while a conflict of interest existed if Contractor had knowledge of the conflict of interest and did not notify the City within five (5) business days of becoming aware of the existence of the conflict of interest. (ii) Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Contractor or higher tier sub - consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Meetings. The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City or the Contract Administrator. The Contractor will be given a minimum of three (3) full business days' notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of the contract for cause. C. Expertise of Contractor. Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. The Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of City and the Project in accordance with City's requirements and procedures, and Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. C D. Proper Execution by Contractor. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's profession or business and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, and Georgia's Open Records Act (O.C.G.A. § 50-18-70, et sect.). Any additional work or costs incurred as a result of error and/or omission by Contractor as a result of not complying with the Contract Documents or not meeting the applicable standard of care or quality, including but not limited to those of repeated procedures and compensation for the Contract Administrator's services or expenses, will be provided at Contractor's expense and at no additional cost to the City. This provision shall survive termination of this Agreement. It is the Contractor's responsibility to be reasonably aware of all applicable laws, statutes, ordinances, building codes, and rules and regulations. If the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Contract Administrator and the City in writing of any portions of the Contract Documents that are at variance with the applicable laws, statutes, ordinances, building codes, and rules and regulations. The Contractor's duties shall not be diminished by any approval by the City or Contract Administrator of Work completed or produced; nor shall any approval by the City or Contract Administrator of Work completed or produced release the Contractor from any liability therefor, it being understood that the City is ultimately relying upon the Contractor's skill and knowledge in performing the Work required under the Contract Documents. Organization of the specifications into divisions, sections and articles, and arrangement of drawings shall not control the Contractor in dividing the Work among subcontractors or in establishing the extent of Work to be performed by any trade. E. Familiarity with the Work. (i) Contractor Familiarity with Work. Contractor represents that it has familiarized itself with the nature and extent of the Contract Documents, the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Contract Documents, site conditions, authorities, tests, reports and studies relative to that portion of the Work, as well as the information furnished by the City, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the Project site(s) affecting it. Contractor represents and agrees that it has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and 10 studies with the terms and conditions of the Contract Documents. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, inconsistencies, or ambiguities in the Contract Documents; however, any errors, inconsistencies, omissions, or ambiguities discovered by the Contractor shall be reported promptly to the Contract Administrator and City in writing. Contractor represents that it has given the City written notice of all errors, omissions, inconsistencies, or ambiguities that the Contractor has discovered in the Contract Documents so far, and the written resolution thereof by the City is acceptable to the Contractor. Further, Contractor acknowledges that its obligation to give notice of all such errors, omissions, inconsistencies, or ambiguities shall be continuing during the Term of this Agreement. Any failure on the part of the Contractor to notify the Contract Administrator and City in writing of any errors, omissions, inconsistencies, or ambiguities in the Contract Documents that Contractor discovered or reasonably should have discovered shall result in a waiver and full release by the Contractor of any future arguments or defenses based on such errors, omissions, inconsistencies, or ambiguities against the City. Further, if the Contractor fails to perform its obligations pursuant to this paragraph, the Contractor shall pay such costs and damages to the City as would have been avoided if the Contractor had performed such obligations. (ii) Inspection of Prior Work. If part of the Contractor's Work depends for proper execution or results upon construction or operations by a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Contract Administrator apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the City's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable, and Contractor shall be responsible for all costs and damages resulting from its failure to report reasonably discoverable defects. (iii) Contractor Requests for Information. If, with undue frequency (as determined by the City in its sole discretion), the Contractor requests information that is obtainable through reasonable examination and comparison of the Contract Documents, site conditions, and previous correspondence, interpretations or clarifications, the Contractor shall be liable to the City for reasonable charges from the Contract Administrator for the additional services required to review, research and respond to such requests for information. F. Supervision, Inspection and Construction Procedures. The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of 11 the Work under the Agreement, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety therefor and, except as stated below, shall be fully and solely responsible for the jobsite safety for such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the City and Contract Administrator and shall not proceed with that portion of the Work without further written instructions from the City or Contract Administrator as approved in writing by the City. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of this Agreement. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to: (a) employees and other persons who may be affected, (b) the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site(s), under care, custody or control of the Contractor or Contractor's subcontractors or sub -subcontractors, and (c) other property at the Project site(s) or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the Project site(s) by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the City and Contract Administrator in writing. G. Tests and Inspections. Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, or ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made promptly at an appropriate time to avoid unreasonable delay in the Work. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the City, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Contract Administrator timely notice of when and where tests and inspections are to be made so that the Contract Administrator may be present for such procedures. Required permits or 12 certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and delivered to the Contract Administrator within ten (10) calendar days of issuance. H. Budgetary Limitations. Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. I. City's Reliance on the Work. The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that therefore, the City bears no responsibility for Contractor's Work performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, or specifications by any person, body, or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. J. Contractor's Reliance on Submissions by the City. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. K. Uncovering and Correction of Work. If a portion of the Work is covered contrary to the Contract Administrator's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Contract Administrator, be uncovered for examination by the Contract Administrator and be replaced at the Contractor's expense without change in the Agreement Term. If a portion of the Work has been covered which the Contract Administrator has not specifically requested to examine prior to its being covered or which the Contract Documents did not require to remain uncovered until examined, the Contract Administrator may request to see such Work, and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the City's expense, which expense shall be agreed upon in writing prior to being incurred. If such Work is not in accordance with the Contract Documents, correction shall be 13 at the Contractor's expense, unless the condition was caused by the City, in which event the City shall be responsible for payment of such costs including reasonable charges, if any, by the Contract Administrator for additional service, which expense shall be agreed upon in writing prior to being incurred. If the City prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the City may do so instead of requiring its removal and correction, in which case the Maximum Contract Price will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. L. Clean Up. Contractor shall keep the Project site(s) and surrounding area free from accumulation of waste materials or rubbish caused by operations under this Agreement. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. If the Contractor fails to clean up as provided in the Contract Documents, the City may do so, and the cost thereof shall be charged to the Contractor. M. Contractor's Representative. John J. Schlegel [INSERT NAME OF CONTRACTOR'S REPRESENTATIVE] shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. N. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the City. Nothing contained in this Agreement shall be construed to make the Contractor, or any of its employees, servants or subcontractors, an employee, servant or agent of the City for any purpose. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies, and/or materials necessary to complete the Work; hiring of subcontractors, agents, or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding, and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and the City by virtue of this Agreement with the Contractor. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and the City may hire additional entities to perform Work related to this Agreement. Inasmuch as the City and the Contractor are independent of each other, neither has 14 the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. O. Responsibility of Contractor and Indemnification of Cid. The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City and the City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including, but not limited to, attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of alleged willful, negligent, or tortious act or omission arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of the Contractor, its subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. P. Insurance. 15 (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability: $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate comprehensive/extended/enhanced Commercial General Liability policy with coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, damage to premises/operations, products/completed operations, independent consultants and contractual liability (specifically covering the indemnity), broad -from property damage, and underground, explosion and collapse hazard. This coverage may be achieved by using an excess or umbrella policy. The policy or policies must be on "an occurrence" basis ("claims made" coverage is not acceptable). (b) Commercial Automobile Liability (owned, non -owned, hired): $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate for comprehensive Commercial Automobile liability coverage (owned, non -owned, hired) including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability: $1,000,000 (one million dollars) limit Professional Liability policy for claims arising out of professional services and caused by the Contractor's errors, omissions, or negligent acts (required if any professional services will be provided). (d) Workers' Compensation and Employers' Liability: Workers' Compensation policy with limits as required by the State of Georgia and Employers' Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Contractor is a sole proprietor, who is otherwise not entitled to coverage under Georgia's Workers' Compensation Act, Contractor must secure Workers' Compensation coverage approved by both the State Board of Workers' Compensation and the Commissioner of Insurance. The amount of 16 such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers' Compensation Act. Further, the Contractor shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Builder's Risk Insurance: Contractor shall provide a Builder's Risk Insurance Policy to be made payable to the City and Contractor, as their interests may appear. The policy amount shall be equal to 100% of the Maximum Contract Price, written on a Builder's Risk "All Risk," or its equivalent. The policy shall provide, or be endorsed to provide, as follows: "The following may occur without diminishing, changing, altering or otherwise affecting the coverage and protection afforded the insured under this policy: i) Equipment may be delivered to the insured premises and installed in place ready for use; and ii) Partial or complete occupancy by City; and iii) Performance of Work in connection with construction operations insured by the City, by its agents or lessees, or other contractors of the City or using agency." The insurance coverage shall include extended coverage, and providing coverage for transit, with sub - limits sufficient to insure the full replacement value of the property or equipment removed from its site and while located away from its site until the date of final acceptance of the Work. (f) Commercial Umbrella Liability Coverage: $_NJA ( )per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers' Liability, and Professional Liability. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing so that the City may ensure the financial solvency of the Contractor; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and Umbrella Liability Coverage. (i) Additional Insured Requirement. The City and City's elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually "Insured Party" and collectively "Insured Parties") shall be named as additional insureds as respects: liability arising out of 17 activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self- insurance maintained by the Insured Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) 18 calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to the City. The City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(0) of this Agreement. (5) Acceptability of Insurers: The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance shall be placed with insurer(s) with an A.M. Best Policyholder's rating of no less than "A-" and with a financial rate of Class VII or greater. The Contractor shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Contractor shall furnish to the City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Contractor is specifically required to provide an endorsement naming the City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Contractor's insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. The City reserves the right to require complete, certified copies of all required insurance policies at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Subcontractors: Contractor shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. t9 (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (9) Progress Payments: The making of progress payments to the Contractor shall not be construed as relieving the Contractor or its subcontractor or insurance carriers from providing the coverage required in this Agreement. Q. Bonds. In public works construction contracts valued at more than one hundred thousand dollars ($100,000.00) or road construction/maintenance contracts valued at five thousand dollars ($5,000.00) or more, or in any other instance where the City has elected to include such bond requirements as exhibits to this Agreement, the Contractor shall provide Performance and Payment bonds on the forms attached hereto as "Exhibits D.1 and D.2" and with a surety licensed to do business in Georgia and listed on the Treasury Department's most current list (Circular 570 as amended). Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under this Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. R. Assignment of Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them, and the City shall have no obligation to them. S. Employment of Unauthorized Aliens Prohibited — E- Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as "Exhibits G.1 and G.2" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and its subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in "Exhibit G.1", and 20 submitted such affidavit to City or provided the City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13- 10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as "Exhibit G.2", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10- 91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] [DESIGNATE/MARK APPROPRIATE CATEGORY] 500 or more employees. 100 or more employees. V Fewer than 100 employees. 2t Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law and shall be construed to be in conformity with those laws. T. Records, Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for the City under this Agreement ("Records") shall be established and maintained by the Contractor in accordance with applicable law and requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Contractor by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all Records in the form requested by the City. All Records stored on a computer database must be of a format compatible with the City's computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, Contractor shall make available to the City or City's representative(s) for examination all Records. The Contractor will permit the City or City's representative(s) to audit, examine, and make excerpts or transcripts from such Records. Contractor shall provide proper facilities for City or City's representative(s) to access and inspect the Records, or, at the request of the City, shall make the Records 22 available for inspection at the City's office. Further, Contractor shall permit the City or City's representative(s) to observe and inspect any or all of Contractor's facilities and activities during normal hours of business for the purpose of evaluating Contractor's compliance with the terms of this Agreement. In such instances, the City or City's representative(s) shall not interfere with or disrupt such activities. U. Confidentiality. Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, contractors, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions, or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that the City's disclosure of documentation is governed by Georgia's Open Records Act, and Contractor further acknowledges that, if Contractor submits records containing trade secret information and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. V. Licenses, Certifications and Permits. The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits, or the like required of the Contractor by any and all national, state, regional, county or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement; provided that some permits or licenses related to the Project may be obtained as part of the Work and shall be obtained as required. The Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work, which are customarily secured after execution of the Agreement and which are legally required. Contractor shall furnish copies of such permits, licenses, etc. to the City within ten (10) days after issuance. W. Key Personnel. All of the individuals identified in "Exhibit J", 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 Contractor's Project Manager or members of the Project team, as listed in "Exhibit J", without written approval of the City. Contractor recognizes that the composition of this team was instrumental in the City's decision to award the Work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City's consent to be granted. Any substitutes shall be 23 persons of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Contractor's obligations under this Agreement and shall be grounds for termination. X. Authoritv to Contract. The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners, or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. Y. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other materials, including those in electronic form, prepared or in the process of being prepared for the Work to be performed by the Contractor ("Materials") shall be the property of the City, and the City shall be entitled to full access and copies of all Materials in the form prescribed by the City. Any Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the Work shall be delivered immediately to the City whether or not the Project or Work is commenced or completed, provided, however, that Contractor may retain a copy of any deliverables for its records. The Contractor assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged, or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to the City, and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. Z. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. Section 8. Covenants of the City A. Right of Entry. The City shall provide for right of entry for Contractor and Contractor's equipment as required for Contractor to complete the Work; provided that Contractor shall not unreasonably encumber the Project site(s) with materials or equipment. 24 B. City's Representative. Matthew Fallstrom shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section 6 above. Section 9. Final Proiect Documents; Warranty A. Final Project Documents. Prior to final payment, Contractor shall deliver to City a written assignment of all warranties, guaranties, certificates, permits, and other documents, including without limitation, all contractors' and manufacturers' warranties. At such time, Contractor shall also deliver to the City copies of all as - built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. B. Warranty. The Contractor warrants to the City and the Contract Administrator that materials and equipment furnished under the Agreement will be of good quality and new, unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, is considered defective. This warranty excludes remedy for damage or defect caused by abuse by the City or modifications to the Work not executed by the Contractor or an employee/subcontractor/sub-subcontractor thereof. Except as may be otherwise specified or agreed, the Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within _1_ year(s) (the "Warranty Period") from the date of Final Completion (as defined in "Exhibit I", attached hereto and incorporated herein by reference) at no additional cost to the City. Further, Contractor shall provide all maintenance services, including parts and labor, for _1_ year(s) (the "Maintenance Period") from the date of Final Completion at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the respective Warranty Period/Maintenance Period to identify any issues that must be resolved by the Contractor. After the expiration of the Maintenance Period, City shall be responsible for repairing issues resulting from normal wear and tear and shall be responsible for general maintenance of the equipment; however, expiration of any Warranty Period or Maintenance Period shall not affect the Contractor's continued liability under an implied warranty of merchantability and fitness. All warranties implied by law, including fitness for a particular purpose and suitability, are hereby preserved and shall apply in full force and effect beyond any Warranty Period or Maintenance Period. City may purchase additional maintenance services from the Contractor upon a written proposal for such services being executed by authorized representatives of both Parties, and upon execution, such proposal for additional services shall be incorporated herein by this reference. 25 Section 10. Termination A. For Convenience. The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor at least seven (7) calendar days in advance of the termination date. B. For Cause. The Contractor shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City's failure to pay the Contractor within thirty (30) calendar days of Contractor providing the City with notice of a delinquent payment and an opportunity to cure. The City may terminate this Agreement for cause as provided in Section 11 of this Agreement. The City shall give Contractor at least seven (7) calendar days' written notice of its intent to terminate the Agreement for cause and the reasons therefor, and if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project. C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in Section 4(A) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of the City. D. Pam. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, and except as otherwise provided herein, the City shall, upon termination for convenience or statutory termination, pay Contractor for Work performed prior to the date of termination in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. At its sole discretion, the City may pay Contractor for additional value received as a result of Contractor's efforts, but in no case shall said payment exceed any remaining unpaid portion of the Maximum Contract Price. If this Agreement is terminated for cause, the City will make no further payment to the Contractor or its Surety until the Project is completed and all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this Agreement, exceeds the cost of finishing the Project, City shall provide payment to the Contractor (or its Surety) for services rendered and expenses incurred prior to the termination date, provided that such payment shall not exceed the unpaid balance of the amount otherwise payable under this Agreement minus the cost of completing the Project. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. E. Assumption of Contracts. The City reserves the right in termination for cause to take assignment of all contracts between the Contractor and its subcontractors, vendors, and suppliers. The City will promptly notify the Contractor of the contracts the City elects to assume. Upon receipt of such notice, the Contractor Ira shall promptly take all steps necessary to effect such assignment. F. Conversion to Termination for Convenience. If the City terminates this Agreement for cause and it is later determined that the City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section 10(A) above. G. Requirements Upon Termination. Upon termination, the Contractor shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible if requested to do so by the City, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. H. Reservation of Rights and Remedies. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11. City's Rights; Contractor Default A. City Rights Related to the Work. (i) City's Right to Stop the Work. If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, as required by the Contract Administrator, or persistently fails to carry out Work in accordance with the Contract Documents, the City may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the City to stop the Work shall not give rise to a duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. Such a stoppage of Work shall not extend the Expected Date of Final Completion of the Work. (ii) City's Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) calendar day period after receipt of written notice from the City to commence and/or continue correction of such default or neglect with diligence and promptness, the City may, without prejudice to other remedies the City may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including City's expenses and compensation for the Architect/Engineer's and/or Contract Administrator's additional services (if any) made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the City. 27 B. Contractor Default. For the purposes of this Agreement, Contractor shall be in default if any of the following occur during the Term of this Agreement: (a) a failure to fulfill in a timely and proper manner Contractor's obligations under this Agreement; (b) Contractor violates any of the material provisions, agreements, representations or covenants of this Agreement or any applicable city, state, or federal laws, which do not fall within the force majeure provisions of this Agreement; (c) the Contractor becomes insolvent or unable to pay its debts as they mature, or makes an assignment for the benefit of creditors, or files a bankruptcy petition under the United States Bankruptcy Code; or (d) Contractor is the subject of a judgment or order for payment of money, which judgment or order exceeds $100,000 and is no longer subject to appeal or, in the opinion of the City, would be fruitless to appeal and where (i) such judgment or order shall continue un -discharged or unpaid for a period of thirty (30) calendar days, (ii) an insurer acceptable to the City has not acknowledged that such judgment or order is fully covered by a relevant policy of insurance, or (iii) the City is otherwise reasonably satisfied that such judgment or order is not likely to be satisfied or complied with within sixty (60) calendar days of its issuance. In the event of Contractor's default under this Agreement, the City shall send written notice to the Contractor setting forth the specific instances of the default and providing the Contractor with at least seven (7) calendar days to cure or otherwise remedy the default to the reasonable satisfaction of the City. If the default is not remedied during the stated cure period, then the City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge the Contractor for the costs of curing the default against any sums due or which become due to the Contractor under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to the City for such default. Section 12. Construction Administration If a Contract Administrator other than the City has been hired in relation to the Project, the Contract Administrator's administration of the construction of the Project shall be as described in "Exhibit K", attached hereto. The Contractor agrees to the construction administration provisions contained in "Exhibit K." Section 13. Miscellaneous A. Complete Agreement. This Agreement, including all of the Contract Documents, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement, or promise relating to the subject matter of this Agreement not contained in this Agreement or the Contract Documents shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. B. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If M any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions, Severability. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. E. Business License. Prior to commencement of the Work to be provided hereunder, Contractor shall apply to the City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Contractdr provides evidence that no such license is required. F. Notices. (1) Communications Relating to Day -to -Day Activities. All communications relating to the day-to-day activities of the Work shall be exchanged between Matthew Fallstrom for the City and Dave Clark for the Contractor. (2) Official Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when (1) personally delivered, or (2) on the third calendar day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the addresses given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith: 29 NOTICE TO CITY shall be sent to: City of Milton Attn: City Manager 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Pavement Technology Inc. Attn: John Schlegel 24144 Detroit Rd. Westlake, Ohio 44145 G. Waiver of Agreement. No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City's right to demand exact and strict compliance by Contractor with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations, warranties, and insurance maintenance requirements. I. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. J. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City's elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor's performance of services under this Agreement shall not subject Contractor's individual employees, officers, or directors to any personal liability, except where Contractor is a sole proprietor. The Parties agree that their sole and exclusive remedy, claim, demand, or suit shall be directed and/or asserted only against Contractor or the City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. K. Force Majeure. Neither the City nor Contractor shall be liable for their respective 30 non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion, or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection, or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. L. Headings. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit, or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. M. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. N. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, each Party binds itself, its partners, successors, assigns, and legal representatives to the other Party hereto, its partners, successors, assigns, and legal representatives with respect to all covenants, agreements, and obligations contained in the Contract Documents. O. Agreement Construction and Interpretation. Contractor represents that it has reviewed and become familiar with this Agreement and has notified the City of any discrepancies, conflicts or errors in the Contract Documents. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. P. Material Condition. Each term of this Agreement is material, and Contractor's breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to the City at law or in equity. Q. Use of Singular and Plural. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. 31 IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] 32 CITY OF MILTON, GEORGIA By: Attest: Print Name: Joe Lockwood, Mayor [CITY SEAL] Its: City Clerk Approved as to form: City Attorney Un Prin Its: CIRCLE ONE Presiden Vice President orporation) General Partner artners ip/Limited Partnership) Member/Manager (LLC) Owner (Sole Proprietorship/Individual) [CORPORATE SEAL] (required if corporation) AttesttWitness: Print Name: Hannie Mills Its: Administrative Assistant ((Assistant) Corporate Secretary if corporation) 33 "EXHIBIT A" Request for Bids HOME OF' M.1 LTON ESTABLISHED 2006 CITY OF MILTON INVITATION TO BID (THIS IS NOT AN ORDER) Bid Number: Project Name: 17-PWO6 FY17 Asphalt Rejuvenation Project Due Date and Time: City of Milton May 9th, 2017 Number of Pages: 109 Local Time: 2:00pm 2006 Heritage Walk Milton, Ga. 30004 ISSUING DEPARTMENT INFORMATION Issue Date: April 20, 2017 City of Milton Public Works Department Phone: 678-242-2500 2006 Heritage Walk Fax: 678-242-2499 Milton, Ga. 30004 Website: www.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/Package: Bidder Phone Number: Bid Number: 17-PWO6 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, Ga. 30004 Special Instructions: Deadline for Written Questions April 27th ,2017 at 5:00 pm Email questions to Matt Fallstrom at matthew.fallstromC&cityofmilton a.us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authorized Bidder Signatory: (Please print name and sign in ink) Bidder Phone Number: Bidder FAX Number: Bidder Federal I.D. Number: Bidder E-mail Address: BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE ITB 17-PW06 Table of Contents Topic Page Definitions 3 Invitation to Bid 4 Bidding Instructions (What must be submitted) 5 Insurance/Bond Requirements 6 Bid Form and Addenda Acknowledgement 11 Bid Bond 13 Qualifications Signature and Certification 16 Corporate Certificate 16 List of Subcontractors 17 Contractor Affidavit and Agreement (eVerify) 18 Bid Schedule 19 Disclosure Form 22 General Conditions 23 EPD Air Quality Rules 29 Project Specifications 30 Schedule of Events 44 Sample Contract Agreement 45 ITB 17-PWO6 2 1 Page DEFINITIONS COMPW: City of Milton Public Works Department GDOT: Georgia Department of Transportation ENGINEER: The City of Milton Director of Public Works or a duly authorized representative. ADA: Americans with Disabilities Act EA: Each GAL: Gallon LF: Lineal Feet LS: Lump Sum SY: Square Yard TN: Ton MUTCD: Manual on Uniform Traffic Control Devices OSHA: Occupational Safety and Health Administration FHWA: Federal Highway Administration AASHTO: American Association of State Highway and Transportation Officials ITB 17-PW06 3 1 ? o g e HOME OF ' MILTON ESTABLISHED 2006 Invitation to Bid 17-PWO6 The City of Milton is accepting sealed bids from qualified firms for the FYI Asphalt Rejuvenation Project for the Public Works Department in conformance with Title 32, Chapter 4, Article 4, Part 2 of the Official Code of Georgia Annotated. All work will be done in accordance with Georgia Department of Transportation's (GDOT) Standard Drawings, Standard Specifications, and Pay Items Index as standards and specifications for the construction and completion of the work required. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. Sealed bids will be received no later than 2:00 PM Local Time on May 9th, 2017. Sealed bids shall be submitted to: City of Milton Attn: Honor Motes, Purchasing Office, 2006 Heritage Walk, Milton GA 30004. At approximately 2:10 PM Local Time on the day bids are received the bids will be publicly opened and the bidder's name and total bid amount will be read aloud at: City of Milton City Hall, 2006 Heritage Walk, Milton GA 30004. Bids received after the above time or in any other location other than the Purchasing Office will not be accepted. Bids shall be presented in a sealed envelope with the bid number (17-PW06) and the name of the company or firm submitting clearly marked on the outside of the envelope. ONE (1) ORIGINAL (PAPER) AND TWO (2) COPIES (PAPER) AND A PDF COPY OF THE BID ON CD MUST BE SUBMITTED. Bids will not be accepted verbally, by fax, or email. Questions must be in writing. For questions, please email Matt Fallstrom at matthew.fallstrom@cityofmiltonga.us . Deadline for questions is April 27, 2017 at 5:OOpm. Official answers to questions and potential changes to the ITB (Addendums) will be posted at the same web locations as the ITB on or about May 1, 2017. Any other form of interpretation, correction, or change to this ITB will not be binding upon the City. It is the bidder's responsibility to check the websites for potential updates. Please refer to Bid (17-PWO6) and bid name (FYI 7 Asphalt Rejuvenation Project) when requesting information. The City of Milton reserves the right to reject any or all bids and to waive ITB 17-PWO6 4 1? c g e technicalities and informalities, and to make award in the best interest of the City of Milton. The selected contractor must be able to start work within ten (10) calendar days after the "Notice to Proceed" is issued. The time of completion for the project is ninety (90) calendar days from the date of the "Notice to Proceed." If weather affects the required completion schedule, The City and selected contractor will negotiate a new completion date. Section 108.08 of the State of Georgia Department of Transportation Standard Specifications Construction of Transportation Systems (current edition) shall be applied. BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) 1 Filled out and Signed Invitation to Bid 1 2 Bid Form and Addenda Acknowledgement (2 pages) 11-12 3 Bid Bond (3 pages) 13-15 4 Qualification Signature and Certification 16 5 List of Subcontractors 17 6 Contractor Affidavit and Agreement (eVerify) 18 7 Bid Schedule (3 pages) 19-21 8 Disclosure Form 22 INFORMATION AND INSTRUCTIONS The purpose of this solicitation is to enter into a unit price "purchasing contract" with one firm to be the primary supplier of the FYI 7 Asphalt Rejuvenation Project, 17-PWO6. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. Unless clearly shown as "no substitute" or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is ITB 17-PWO6 5 1 P a- e intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturer's number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. The City reserves the right to cancel the contract at any time with 30 days written notice. Title to any supplies, materials, equipment or other personal property shall remain the Contractors' until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor's expense to the complete satisfaction of the City of Milton with no additional expense to the City. EVALUATION The City intends to evaluate the ITB on the lowest, best, responsible, and responsive vendor. INSURANCE REQUIREMENTS Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7.K). ITB 17-PWO6 6( Pc a o (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance ITB 17-PWO6 7 1 P c g e or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than AM. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage ITB 17-PWO6 8 1 Pa g e required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers' Compensation policy. BONDING REQUIREMENTS Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project strictly within the terms and conditions stated in this bid and in the bidding and contract documents, should the construction contract be awarded. The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE BONDS for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the contract price. ITB 17-PWO6 9 1 P a, g e The Successful Bidder shall also be required to furnish a MAINTENANCE BOND, in the amount of one-third (1 /3) of the contract price, guaranteeing the repair or replacement caused by defective workmanship or materials for a period of two (2) years from the completion of construction. Bonds shall be issued by a corporate surety appearing on the Treasury Department's most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. OATH Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e). COST OF PREPARING A PROPOSAL The costs for developing and delivering responses to this ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton. ITB 17-PWO6 10 1 Page HOME OF '' M '- ILTO,N*k ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 17-PWO6 FYI Asphalt Rejuvenation Project The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the City of Milton and Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled. The Bidder further proposes and agrees hereby to promptly commence the Work with ITB 17-PWO6 1 1 c adequate forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to complete all Work within ninety (90) calendar days from the Notice to Proceed. If weather affects the required completion schedule, The City and selected Bidder will negotiate a new completion date. Attached hereto is an executed Bid Bond in the amount of (Five Percent of Amount Bid). Dollars ($ If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this day of 20. Bidder Company Name Bidder Mailing Address: Signature: Print Name: Title: (Seal) ITB 17-PWO6 12 1 Page HOME OF ' MILTON*�4 ESTABLISHED 2006 BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] (3 PAGES) BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 2006 Heritage Walk Milton, Georgia 30004 BID BID DUE DATE: PROJECT (Brief Description Including Location): BOND BOND NUMBER: DATE (Not later that Bid due date): PENAL SUM: (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. (Seal) Bidder's Name and Corporate Seal By: Signature and Title: SURETY (Seal) Surety's Name and Corporate Seal By: Signature and Title: ITB 17-PWO6 13 1 "' -_-: -- (Attach Power of Attorney) Attest: Attest: Signature and Title: Signature and Title: Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. ITB 17-PW06 14 1 Page 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. ITB 17-PWO6 15 1 P a .g e HOME OF 'THEBEST QUALITY OF UFE IN GEORG A' M1 LTON'r ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature Date Print/Type Name Print/Type Company Name He CORPORATE CERTIFICATE 1, , certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that who signed said bid in behalf of the Contractor, was then (title) of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of This day of 20. ITB 17-PWO6 16 1 a 17 -- HOME OF ' ' MILTON*k ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name: ITB 17-PWO6 17 HOME OF ' MILTON ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] EXHIBIT" D " CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Contractor FYI 7 Asahalt Reiuvenation Proiect Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _, 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 201_. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: ITB 17-PWO6 18 1 � ci g HOME OF ` M11TON) ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID SCHEDULE - 3 PAGES STREETS UNITS QUANTITY UNIT PRICE TOTAL AMOUNT Thomas Creek Ct SY 1,193.89 Highlands Manor Ct SY 1,873.76 Cedar Farms SY 5,200.00 The Hermitage Or SY 5,964.00 Plantation Trce SY 7,149.00 Plantation Cove SY 2,600.00 Shadecrest Ct SY 540.78 Pleasant Hollow Tri SY 3,174.11 Old Barn Ct &Ln SY 3,520.00 Wyndham Farms Way SY 2,127.11 Wyndham Farms Or SY 7,205.67 Sprinfield Creek Rd SY 1,689.60 Springfield Creek Way SY 563.20 Oakhurst Leaf SY 2,112.00 Hallbrook Ln SY 2,371.22 Galloway Vw SY 800.11 Champions View Or SY 9,992.00 Champions View Pkwy SY 6,000.00 Champions Vista Ct SY 1,600.00 Oakmeade Trace SY 2,250.00 Chantress Ct SY 871.00 Harmony Ct SY 1,950.00 Cadence Ct SY 439.00 Avening Ct SY 566.00 Camleon CT SY 422.00 ITB 17-PW06 19 1 P C; g Feyston Ct SY 422.00 Laurel Grove Dr. SY 4,082.00 Laurel Grove Ln SY 3,650.00 The Hermitage SY 6,000.00 Arklow Dr SY 2,066.00 Dunbrody Dr SY 3,300.00 Dunbrody Ave SY 2,700.00 Itaska Walk SY 533.00 Total Bid Price $ Print Total Bid Price $ Bid Alternate Price $ Fill out "Unit Price" column, 'Total Amount" column, and 'Total Bid Price" Actual price to the City will be based on actual quantity multiplied by the bid "Unit Price". Number of days to fully complete project (exclude weather related days) ITB 17-PW06 20 1 Pace HOME OF ' MILTON ESTABLISHED 2006 In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY :OW; AUTHORIZED SIGNATUR PRINT / TYPE NAME TITLE ITB 17-PW06 21 1 HOME OF M -0N111K ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: ITB 17-PWO6 22 GENERAL CONDITIONS Unless otherwise directed, all work performed under this contract shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition), and Special Provisions modifying them, except as noted below. SECTION 101 DEFINITION AND TERMS Section 10 1. 14 Delete as written and substitute the COMMISSIONER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON Section 101.22 Delete as written and substitute the DEPARTMENT following: PUBLIC WORKS DEPARTMENT CITY OF MILTON Section 101.24 Delete as written and substitute the ENGINEER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON, ACTING DIRECTLY OR THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Section 101.84 Add: DIRECTOR OF PUBLIC WORKS CITY OF MILTON SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS Section 102.05 EXAMINATION OF PLANS, Add the following paragraph: SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF THE WORK "The City will not be responsible for Bidders' errors or misjudgment, nor for any information on local conditions or general laws and regulations." Section 102.07 REJECTION OF Add the following subparagraphs PROPOSALS ITB 17-PW06 23 1 �I a g e Section 102.08 PROPOSAL GUARANTY Add Section 102.15 ADDENDA AND INTERPRETATION Section 102.09 "I. The City reserves the right to reject any and all bids, to waive technicalities, and to make an award as deemed in its best interest. It is understood that all bids are made subject to this Agreement, that the City reserves the right to award the bid to the lowest, responsible Bidder, and in arriving at this decision, full consideration will be given to the reputation of the Bidder, his financial responsibility, and work of this type successfully completed. "J. The City also reserves the right to reject any and all bids from any person, firm, or corporation who is in arrears in any debt or obligation to The City of Milton, Georgia." Substitute the following for the first sentence "No bid will be considered unless it is accompanied by an acceptable bid bond an amount not less than five percent (5%) of the amount bid and made payable to City of Milton, Georgia. Such Bid Bond shall be on the forms provided by the City." Delete in its entirety and substitute the following: Bids shall be submitted on the Bid Form provided by the City. The bid package as described in Notice to Contractors, Page 1 must be submitted with the bid. Failure to do so could result in the omission of pertinent documents and the rejection of the apparent low bid." ITB 17-PW06 24 1 P a g e DELIVERY OF PROPOSALS: SECTION 103 Section 103.02 AWARD OF CONTRACT Section 103.05 REQUIREMENTS OF CONTRACT BONDS Add the following as 102.15: "No interpretation of the meaning of the Contract Documents will be made orally to any Bidder. Any request for such interpretation should be in writing addressed to the Purchasing Department, The City of Milton 13000 Deerfield Pkwy., Suite 107F Milton, Ga. 30004. TEL.. 678/242-2500, FAX 678/242-2499.Each such interpretation shall be given in writing, separately numbered and dated, and furnished to each interested Bidder. Any request not received in time to accomplish such interpretation and distribution will not be accepted. AWARD OF AWARD AND EXECUTION OF CONTRACT Delete in its entirety and substitute the following: "The contract, if awarded, shall be awarded to the lowest responsible bidder. The City of Milton reserves the right to exercise exclusive discretion as to the responsibility of any bidder. The contract shall be executed on the forms attached, will be subject to all requirements of the Contract Document, and shall form a binding Contract between the contracting parties." Delete in its entirety and substitute the following: "At the time of the execution of the contract, and as a part thereof, the successful bidder shall furnish Contract Bond Below: Performance Bond in the full amount of the ITB 17-PW06 25 1 c a g o Section 103.07 FAILURE TO EXECUTE CONTRACT contract. Payment Bond in the full amount of the contract. Maintenance bond in the amount of one-third (1/3) of the contract. " Delete in its entirety and substitute the following: "Failure to execute the Contract Performance, Payment or Maintenance Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days after the date of Notice of Award of the Contract, may be just cause for the annulment of the award and for the forfeiture of the proposal guaranty to the City of Milton, not as a penalty, but as liquidation of damages sustained. At the discretion of the City, the award may then be made to the next lowest bidder, may be re -advertised, or may be constructed by City forces. The Contract and Contract bonds shall be executed in quadruplicate." SECTION 107 LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC Section 107.18 ACQUISITION OF RIGHT OF WAY Section 107.21 CONTRACTORS RESPONSIBILITY FOR UTILITY PROPERTY AND SERVICE Add the following paragraph: "The Contractor shall inspect all easements and rights-of-way to ensure that the City has obtained all land and rights-of-way necessary for completion of the Work to be performed pursuant to the Contract Documents. The Contractor shall comply with all stipulations contained in easements acquired by the Department." Add the following sentence to Paragraph A: ITB 17-PW06 26 1 Page SECTION 109 Section 109.07 PARTIAL PAYMENTS Section 109.08 FINAL PAYMENT "The Contractor is responsible for the location of above and below ground Utilities and structures which may be affected by the Work." MEASUREMENT AND PAYMENT Delete the first sentence of the Second Paragraph under `A. General" As long as the gross value of completed work is less than 50% of the total Contract amount, or if the Contractor is not maintaining his construction schedule to the satisfaction of the Engineer, the Department shall retain 10% of the gross value of the work that has been completed as indicated by the current estimate certified by the Engineer for payment. Delete in its entirety and substitute the following. "Final Payment: Upon completion by the Contractor of the work, including the receipt of any final written submission of the Contractor and the approval thereof by the Department, the CITY will pay the Contractor a sum equal to 100 percent (100%) of the compensation set forth herein, less the total of all previous partial payments, paid or in the process of payment. The Contractor agrees that acceptance of this final payment shall be in full and final settlement of all claims arising against the CITY for work done, materials furnished, costs incurred, or otherwise arising out of this Agreement and shall release the CITY from any and all further claims of whatever nature, ITB 17-PW06 27 1 ° a g e whether known or unknown for and on account of said Agreement, and for any and all work done, and labor and materials furnished, in connection with same." ITB 17-PW06 28 1 ? a g e ***NOTICE TO CONTRACTORS*** EPD AIR QUALITY RULES ON OPEN BURNING REFER TO CHAPTER 391-3-1-02-05 For additional/information, please contact: Georgia Department of Natural Resources Environmental Protection Division Air Protection Branch 4244 International Parkway, Suite 120 Atlanta, GA 30354 404/363-7000; 404/362-2534 — FAX ITB 17-PW06 29 1 P c g e HOME OF ' MILTON ESTABLISHED 2006 PROJECT SPECIFICATIONS PROJECT DESCRIPTION The City of Milton Public Works Department (City) requests for interested parties to submit formal sealed bids/proposals for the FY17 Asphalt Rejuvenation Project. The project segments locations are depicted in the Bid Schedule. This project shall follow the City of Milton Specifications called out in this bid. The most current GDOT Specifications and shelf Special Provisions apply to all work performed under this contract. In case of discrepancy between the unit price and the total price on the completed Bid Schedule, the unit price will prevail and the total price will be corrected. ITB 17-PW06 30 1 Page HOME OF 'THEBEST QUALITY OF LIFE IN GEOR' M I LTON ESTABLISHED 2006 STANDARD SPECIFICATIONS ASPHALT SURFACE PRESERVATION WITH A MALTENE BASED ASPHALT REJUVENATING AGENT ITB 17-PW06 31 1 - 0 g HOME OF =' - MILTON*k ESTABLISHED 2006 ASPHALT REJUVENATING AGENT Scope This work shall consist of furnishing all labor, material, and equipment necessary to perform all operations for the application of an asphalt rejuvenating agent to asphaltic concrete surface courses. The rejuvenation of surface courses shall be by spray application of a maltene based cationic rejuvenating agent composed of petroleum oils and resins emulsified with water. All work shall be in accordance with the specifications, the applicable drawings, and subject to the terms and conditions of this contract. ITB I7-PW06 32 1 Pa Material Specifications The asphalt rejuvenating agent shall be an emulsion composed of a petroleum resin oil base uniformly emulsified with water. Each bidder must submit with his bid a certified statement from the asphalt rejuvenator manufacturer showing that the asphalt rejuvenating emulsion conforms to the required physical and chemical requirements. SPECIFICATIONS Test Method Requirements Tests ASTM AASHTO Min. Max. Tests on Emulsion: Viscosity @ 25-C, SFS Residue, % W1 Miscibility Test2 Sieve Test, %W3 Particle Charge Test Percent Light Transmittance4 D-244 T-59 15 40 D-244(Mod.) T-59(Mod) 60 65 D-244(Mod.) T-59(Mod) No Coagulation D-244(Mod.) T-59(Mod) - 0.1 D-244 T-59 Positive GB GB - 30 Tests on Residue from Distillation: Flash Point, COC, --C D-92 T-48 196 - Viscosity @ 60-C, cSt D-445 - 100 200 Asphaltenes, %w D-2006-70 - - 1.00 Maltene Dist. Ratio D-2006-70 - 0.3 0.6 PC + Ass S+A2 PC/S Ratios D-2006-70 - 0.5 - Saturated Hydrocarbons,S5 D-2006-70 - 21 28 ' ASTM D-244 Modified Evaporation Test for percent of residue is made by heating 50 gram sample to 149 C (300 F) until foaming ceases, then cool immediately and calculate results. 2 Test procedure identical with ASTM D-244-60 except that .02 Normal Calcium Chloride solution shall be used in place of distilled water. 3 Test procedures identical with ASTM D-244-60 except that distilled water shall be used in place of two percent sodium oleate solution. 4 Test procedure is attached. 5 Chemical composition by ASTM Method D-2006-70: PC = Polar Compounds, Ai = First Acidaffins A2 = Second Acidaffins, S = Saturated Hydrocarbons ITB 17-PW06 33 1 a - g e 0 X X PROCEDURE FOR DETERMINING PERCENT LIGHT TRANSMITTANCE ON ASPHALT REJUVENATING AGENT SCOPE This procedure covers the determination of percent light transmittance of the asphalt rejuvenating agent. APPARATUS 1) Container may be either glass, plastic or metal having a capacity of 6,000 ml. 2) Graduated cylinder, 1,000 ml, or greater 3) Light transmittance measuring apparatus, such as Bausch and Lomb or Lumetron spectrophotometer 4) Graduated pipette having 1 ml capacity to 0.01 ml accuracy 5) Suction bulb for use with pipette 6) Test tubes compatible with spectrophotometer, 3/4" X 6, Bausch and Lomb, Catolog No. 33-17- 81, (B&L) CALIBRATION OF SPECTROPHOTOMETER 1) Calibrate spectrophotometer as follows: (a) Set wavelength at 580 mu, (b) Allow spectrophotometer to warm-up thirty minutes, (c) Zero percent light transmittance (%LT) scale, (d) Rinse test tube three times with tap water and fill to top of circle marking on B&L test tube or approximately 2/3 full, (e) Place tube in spectrophotometer and set %LT scale 100, and (f) repeat steps (c) and (e) two times or until no further adjustments are necessary PROCEDURE 1) Shake, stir or otherwise thoroughly mix emulsion to be tested. Place sample of emulsion it beaker and allow to stand one minute. 2) Place 2,000 ml tap water in container. 3) Suck 1.00 ml emulsion into pipette using suction bulb. Wipe off outside of pipette. 4) Using suction bulb, blow emulsion into container. 5) Rinse pipette by sucking in diluted emulsion solution and blowing out. 6) Clean pipette with soap or solvent and water. Rinse with acetone. 7) Stir diluted emulsion thoroughly. 8) Rinse out tube to be used with the diluted emulsion three times and fill to top of circle. 9) Calibrate spectrophotometer. 10) Place diluted emulsion sample tube in spectrophotometer, cover and read %LT to neares- tenth. 1 1) Repeat steps 9 and 10 until three identical consecutive readings are achieved. 12) The elapsed time between addition of emulsion to dilution of water and final %LT reading should not exceed 5 minutes. ITB 17-PW06 34 1 a g e MATERIAL PERFORMANCE ITB 17-PW06 35 1 Page The asphalt rejuvenating agent shall have the capability to penetrate the asphalt pavement surface. The asphalt rejuvenating agent shall be absorbed and incorporated into the asphalt binder.. Verification that said incorporation of the asphalt rejuvenating agent into the asphalt binder has been effected shall be by analysis of the chemical properties of said asphalt binder i.e. viscosity shall be improved to the following extent. The viscosity shall be reduced by a minimum of forty, (40%) percent as determined by dynamic shear rheometer (DSR) method for asphalt testing in accord with AASHTO T315- 05. This analysis shall apply to extracted asphalt binder, taken from cores extracted fifteen to thirty days following application, in the upper 3/8" of pavement. In addition the treated areas shall be sealed in-depth to the intrusion of air and water. The rejuvenating agent shall have a record of at least five years of satisfactory service as an asphalt rejuvenating agent and in-depth sealer. Satisfactory service shall be based on the capability of the material to decrease the viscosity of the asphalt binder and provide an in-depth seal. Reclamite@1, manufactured by D&D Emulsion, Inc., Mansfield, Ohio, is a product of know quality and accepted performance. The bidder must submit with his bid the manufacturer's certification that the material proposed for use is in compliance with the specification requirements. The bidder must submit with his bid previous use documentation and test data conclusively demonstrating that; the rejuvenating agent has been used successfully for a period of five years by government agencies such as Cities, Counties, etc; and that the asphalt rejuvenating agent has been proven to perform, as heretofore required, through field testing by government agencies as to the required change in asphalt binder viscosity. Testing data shall be submitted indicating such product performance on a sufficient number of projects to insure product consistency. In addition, testing data shall be submitted to indicate said product performance over a testing period of three years to insure reasonable life expectancy. RECLAMITE®, a product of Golden Bear Oil, a division of Tricor Refining, LLC. is a product of known quality and accepted performance. APPLICATOR EXPERIENCE The asphalt -rejuvenating agent shall be applied by an experienced applicator of such material. The bidder shall have a minimum of three years experience in applying the product proposed for use. He must submit with his bid a list of five projects on which he applied said rejuvenator. He shall indicate the project dates, number of square yards treated in each and the name and phone number of the government official in charge of each project. A project superintendent knowledgeable and experienced in application of the asphalt - rejuvenating agent must be in control of each day's work. The bidder shall submit a written experience outline of the project superintendent. ITB 17-PW06 36 1 :, a g e PRODUCT STANDARDS AND ALTERNATES The product "Reclamite"® for the asphalt rejuvenating agent as manufactured by Golden Bear oil, a division of Tricor Refining, LLC. is the standard for these specifications and the prices quoted on the Bid Sheet Base Bid shall be for this standard. Should a bidder wish to submit a bid for alternates to the Standard, said prices shall be entered on the BID SHEET as the "Alternate Bid" for each item. In the event that the bidder submits no bid for the Standard, only the "Alternate Bids" should be completed. Bidders may offer an ALTERNATE for the Standard specified in the Specifications provided the bidder adheres to the following and submits same with his bid. (a) List the proposed alternate on the BID SHEET form giving the product name and price. (b) Furnish complete specifications and descriptive literature for the alternate as well as a one -gallon sample of the material proposed for use. Such descriptive and detailed information shall be complete and at least equal in detail to the agencies requirements for the standard item for which the alternate is offered. (c) Submit a current Material Safety Data Sheet for the alternate materials. The agency will give the alternate consideration. The Contractor may furnish only those alternate items included in his proposal and approved by the agency prior to award of a contract. (d) Furnish all required test data and use documentation as hereto for required. If no ALTERNATE is indicated on the BID SHEET, the Contractor shall furnish the STANDARD (brand) specified in the attached specifications. Should the ALTERNATE offered be found unacceptable by the agency based on the data submitted with the bid and no bid is entered on the BID SHEET for the Standard, then said bid will be considered non-responsive. APPLICATION TEMPERATURE/WEATHER LIMITATIONS The temperature of the asphalt rejuvenating emulsion, at the time of application shall be as recommended by the manufacturer. The asphalt -rejuvenating agent shall be applied only when the existing surface to be treated is thoroughly dry and when it is not threatening to rain. The asphalt -rejuvenating agent shall not be applied when the ambient temperature is below 40 F. HANDLING OF ASPHALT REJUVENATING AGENT Contents in tank cars or storage tanks shall be circulated at least forty-five minutes before withdrawing any material for application. When loading the distributor, the asphalt rejuvenating agent concentrate shall be loaded first and then the required amount of ITB 17-PW06 37 1 Page water shall be added. The water shall be added into the distributor with enough force to cause agitation and thorough mixing of the two materials. To prevent foaming, the discharge end of the water hose or pipe shall be kept below the surface of the material in the distributor that shall be used as a spreader. The distributor truck will be cleaned of all of its asphalt materials, and washed out to the extent that no discoloration of the emulsion may be perceptible. Cleanliness of the spreading equipment shall be subject to the approval and satisfaction of the Engineer. RESIDENT NOTIFICATION The contractor shall distribute by hand, a typed notice to all residences and businesses on the street to be treated. The notice will be delivered no more than 24 hours prior to the treatment of the road. The notice will have a local phone number that residents may call to ask questions. The notice shall be of the door hanger type that secures to the door handle of each dwelling. Unsecured notices will not be allowed. The contractor shall also place the notice on the windshield of any parked cars on the street. Hand distribution of this notice will be considered incidental to the contract. APPLICATING EQUIPMENT The distributor for spreading the emulsion shall be self-propelled, and shall have pneumatic tires. The distributor shall be designed and equipped to distribute the asphalt rejuvenating agent uniformly on variable widths of surface at readily determined and controlled rates from 0.05 to 0.5 gallons per square yard of surface, and with an allowable variation from any specified rate not to exceed 5 percent of the specified rate. Distributor equipment shall include full circulation spray bars, pump tachometer, volume measuring device and a hand hose attachment suitable for application of the emulsion manually to cover areas inaccessible to the distributor. The distributor shall be equipped to circulate and agitate the emulsion within the tank. The distributor shall have a computerized system, acceptable to the Engineer that controls the rate of product application. A check of distributor equipment as well as application rate accuracy and uniformity of distribution shall be made when directed by the Engineer. The truck used for applying slag screenings, or other aggregate approved by the Engineer, shall be equipped with a spreader that allows the slag screenings to be uniformly distributed onto the pavement. The spreader shall be able to apply 1/2 pound to 3 pounds of slag screenings per square yard in a single pass. The spreader shall be adjustable so as not to broadcast the slag screenings onto driveways or tree lawns. The slag screenings to be used shall be free flowing, without any leaves, dirt, stones, etc. Any wet slag screenings shall be rejected from the job site. Any equipment that is not maintained in full working order, or is proven inadequate to ITB 17-PW06 38 1 P -- g e obtain the results prescribed, shall be repaired or replaced at the direction of the Engineer. APPLICATION OF REJUVENATING AGENT The asphalt -rejuvenating agent shall be applied by a distributor truck at the temperature recommended by the manufacturer and at the pressure required for the proper distribution. The emulsion shall be so applied that uniform distribution is obtained at all points of the areas to be treated. Distribution shall be commenced with a running start to insure full rate of spread over the entire area to be treated. Areas inadvertently missed shall receive additional treatment as may be required by hand sprayer application. Application of asphalt rejuvenating agent shall be on one-half width of the pavement at a time. When the second half of the surface is treated, the distributor nozzle nearest the center of the road shall overlap the previous application by at least one-half the width of the nozzle spray. In any event the centerline construction joint of the pavement shall be treated in both application passes of the distributor truck. Before spreading, the asphalt rejuvenating agent shall be blended with water at the rate of two (2) parts rejuvenating agent to one (1) part water, by volume or as specified by the manufacturer for jobsite conditions. The combined mixture of asphalt rejuvenating agent and water shall be spread at the rate of 0.05 to 0.10 gallons per square yard, or as approved by the Engineer following field testing. Where more than one application is to be made, succeeding applications shall be made as soon as penetration of the preceding application has been completed and the Engineer grants approval for additional applications. Grades or super elevations of surfaces that may cause excessive runoff, in the opinion of the Engineer, shall have the required amounts applied in two or more applications as directed. After the rejuvenating emulsion has penetrated, a light coating of dry slag screenings, or other aggregate approved by the Engineer, shall be applied to the surface in sufficient amount to protect the traveling public as required by the Engineer. The slag screenings shall be swept and removed from the streets and properly disposed of at the Contractor's expense within 24 hours of application. The Contractor shall furnish a quality inspection report showing the source, manufacturer, and the date shipped, for each load of asphalt rejuvenating agent. When directed by the Engineer, the Contractor shall take representative samples of material for testing. STREET SWEEPING The Contractor shall be responsible for sweeping and cleaning of the streets prior to, and ITB 17-PW06 39 1 Page after treatment. Prior to treatment, the street will be cleaned of all standing water, dirt, leaves, foreign materials, etc. This work shall be accomplished by hand brooming, power blowing or other approved methods. If in the opinion of the Engineer the hand cleaning is not sufficient than a self-propelled street sweeper shall be used. All slag screenings used during the treatment must be removed no later than 24 hours after treatment of the street. This shall be accomplished by a combination of hand and mechanical sweeping. All turnouts, cul-de-sacs, etc. must be cleaned of any material to the satisfaction of the Engineer. Street sweeping will be included in the price bid per square yard for asphalt rejuvenating agent. If, in the opinion of the Engineer, additional slag screenings is required said material shall be applied by the contractor. Said slag screenings shall be swept up no later than 24 hours following reapplication. No additional compensation will be allowed for reapplication and removal of slag screenings. SPECIAL PROVISIONS All work associated with this contract shall meet the City of Milton and Georgia DOT standard specifications for construction materials, methods and procedures not specifically listed in this solicitation. The following are special provisions prepared specifically for this contract and may be in conflict with parts of the standard specifications. If conflicts are evident the special provisions shall take precedence over the standard specifications. PROSECUTION AND PROGRESS The City desires to have all work completed by September 1 st, 2017. Please indicate on the Bid Sheet your projected response time and calendar days to complete the project. This information will be considered when awarding this contract. Construction shall begin no later than 10 calendar days following the Notice to Proceed. The Contractor will mobilize with sufficient forces such that all construction identified as part of this contract shall be substantially completed within the calendar days indicated on the Bid Schedule. Inclement weather days will not count against the available calendar days. Normal workday for this project shall be 9:00 am to 4:00 pm and the normal workweek shall be Monday through Friday. The City will consider extended workdays or workweeks upon written request by the Contractor on a case by case basis. No work will be allowed on City recognized holidays including Memorial Day, July 4th, and Labor Day. ITB 17-PW06 40 1 Page The work will require bidder to provide all labor, administrative forces, equipment, materials and other incidental items to complete all required work. The City shall perform a Final Inspection upon completion of all work. The contractor will be allowed to participate in the Final Inspection. All repairs shall be completed by the contractor at his expense prior to issuance of Final Acceptance. 10% retainage will be held from the total amount due the contractor until Final Acceptance of work is issued by the City. The contractor shall provide all materials, labor, and equipment necessary to perform the work without delay unto completion. PERMITS AND LICENSES The contractor shall procure all permits and licenses, pay all charges, taxes and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. QC/QA TESTING OF MATERIALS The Contractor will be responsible for all quality control testing (sampling, testing, and inspections) of materials incorporated into the project. All materials and workmanship shall meet appropriate GDOT specifications. Materials quality control testing types will meet GDOT specifications at a frequency equal to or exceeding that set by those specifications. Contractor shall secure the services of a GDOT qualified geotechnical testing firm to perform all required tests. Test results shall be provided to the City promptly as the work progresses. Tests shall meet GDOT Specs for type, method, and frequency. This work shall be considered incidental to the rest of the work and no separate payment will be made. Contractor will be responsible for replacing any work performed with material from rejected sample lot at no cost to the City. DEVIATION OF QUANTITIES The quantities given are estimates only and will vary from those indicated. Payment will be made based on actual quantities of work completed and accepted. The City reserves the right to add or delete quantities at any time. Contractor will notify the City in writing if additional items are identified or quantities of contract items will exceed plan. At no time will contractor proceed with work outside the prescribed scope of services for which additional payment will be requested without the written authorization of the City. ITB 17-PW06 41 P :.i q e UTILITIES Contractor shall be responsible for coordinating any utility relocation necessary to the completion of the work. TEMPORARY TRAFFIC CONTROL The contractor shall, at all times, conduct his work as to assure the least possible obstruction of traffic. The safety and convenience of the general public and the residents along the roadway and the protection of persons and property shall be provided for by the contractor as specified in the State of Georgia, Department of Transportation Standard Specifications Sections 104.05, 107.04 and 150. Traffic whose origin and destination is within the limits of the project shall be provided ingress and egress at all times unless otherwise specified by the City. The ingress and egress includes entrances and exits VIA driveways at various properties, and access to the intersecting roads and streets. The contractor shall maintain sufficient personnel and equipment (including flaggers and traffic control signing) on the project at all times, particularly during inclement weather, to insure that ingress and egress are safely provided when and where needed. Two-way traffic shall be maintained at all times unless otherwise specified or approved by the City. In the event of an emergency situation, the Contractor shall provide access to emergency vehicles and/or emergency personnel through or around the construction area. Any pavement damaged by such an occurrence will be repaired by the Contractor at no additional cost to the City. The contractor shall furnish, install and maintain all necessary and required barricades, signs and other traffic control devices in accordance with the latest MUTCD and GDOT specifications, and take all necessary precautions for the protection of the workers and safety of the public.. All existing signs, markers and other traffic control devices removed or damaged during construction operations will be reinstalled or replaced at the contractor's expense. At no time will contractor remove regulatory signing which may cause a hazard to the public. The Contractor shall, within 24 hours place temporary pavement markings (paint or removable tape) matching existing pavement markings on milled or patched pavements. All personnel and equipment required for maintaining temporary traffic control, ITB 17-PW06 42 1 Pa g e public convenience and safety will not be paid for separately and shall be incidental to other pay items. PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE The contractor shall be responsible for the preservation of all public and private property, crops, fish ponds, trees, monuments, highway signs and markers, fences, grassed and sodded areas, etc. along and adjacent to the highway, road or street, and shall use every precaution necessary to prevent damage or injury thereto, unless the removal, alteration, or destruction of such property is provided for under the contract. No stone or asphalt chunks shall be left in the right-of-way and topsoil shall be placed in all disturbed areas before grassing. Contractor is responsible for ensuring that all permanent grassing shall match the existing grassing. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or in consequence of the non -execution thereof by the contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding or otherwise restoring as may be directed, or she/he shall make good such damage or injury in an acceptable manner. The contractor shall correct all disturbed areas before retainage will be released. CLEANUP All restoration and clean-up work shall be performed daily. Operations shall be suspended if the contractor fails to accomplish restoration and clean-up within an acceptable period of time. Asphalt and other debris shall be removed from gutters, sidewalks, yards, driveways, etc. Failure to perform clean-up activities may result in suspension of the work. ITB 17-PW06 43 1 P c g e SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE Event: Release of ITB Deadline for Written Questions Date: April 20, 2017 April 27, 2017 @ 5:00 PM *Submit via E -Mail (preferred) or Fax to Matt Fallstrom of Public Works City of Milton Addendum (on or about) May 1, 2017 (Official answers to questions and potential changes to ITB. Addendum will be posted at the same web locations as the ITB) Bids due May 9, 2017 @ 2:OOPM Bids are due to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, Ga. 30004 Contract Award (On/about) May 15, 2017 Notice to Proceed Issued (On/about) May 16, 2017 ITB 17-PW06 44 1 ° ,, G e Sample Contract Intentionally Omitted "EXHIBIT B" Bid Documents from Contractor HOME OF' RV E 3ESr QI,ALOr . F� .f. . M I LTO N ESTABLISHED 1006 CITY OF MILTON INVITATION TO BID (THIS IS NOT AN ORDER) Bid Number: Project Name: 17-PWO6 FY17 Asphalt Rejuvenation Project Due Date and Time: May 9th, 2017 Number of Pages: 109 Local Time: 2:00pm ISSUING DEPARTMENT INFORMATION Issue Date: April 20, 2017 City of Milton Public Works Department Phone: 678-242-2500 2006 Heritage Walk Fax: 678-242-2499 Milton, Ga. 30004 Website: www.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/Package: Pavement Technology, Inc. Bid Number: 17-PWO6 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office iPlease nt name and si in ink) 2006 Heritage Walk Special Instructions: Milton, Ga. 30004 Deadline for Written Questions I April 27th ,2017 at 5:00 pm Bidder Federal '.D. Number: Email questions to Matt Fallstrom at 34-1108308 matthew.failstrom@cityofmiltonga.us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authorized Bidd ignato Pavement Technology, Inc. 24144 Detroit Road Westlake, OH 44145 iPlease nt name and si in ink) John J. Schlegel Bidder Phone Number: Bidder FAX Number: 440-892-1895 440-892-0953 Bidder Federal '.D. Number: 3'dder E-maii Address: 34-1108308 jschlegel@pavetechinc.com BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE ITB 17-PW06 1 I Page Table of Contents Topic Page Definitions 3 Invitation to Bid 4 Bidding Instructions (What must be submitted) 5 Insurance/Bond Requirements 6 Bid Form and Addenda Acknowledgement 11 Bid Bond 13 Qualifications Signature and Certification 16 Corporate Certificate 16 List of Subcontractors 17 Contractor Affidavit and Agreement (eVerify) 18 Bid Schedule 19 Disclosure Form 22 General Conditions 23 EPD Air Quality Rules 29 Project Specifications 30 Schedule of Events 44 Sample Contract Agreement 45 ITB 17-PW06 2 1 Page DEFINITIONS COMPW: City of Milton Public Works Department GDOT: Georgia Department of Transportation ENGINEER: The City of Milton Director of Public Works or a duly authorized representative. ADA: Americans with Disabilities Act EA: Each GAL: Gallon LF: Lineal Feet LS: Lump Sum SY: Square Yard TN: Ton MUTCD: Manual on Uniform Traffic Control Devices OSHA: Occupational Safety and Health Administration FHWA: Federal Highway Administration AASHTO: American Association of State Highway and Transportation Officials ITB 17-PWO6 3( Page HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' M I LTON*k ESTABLISHED 2006 Invitation to Bid 17-PWO6 The City of Milton is accepting sealed bids from qualified firms for the FYI Asphalt Rejuvenation Project for the Public Works Department in conformance with Title 32, Chapter 4, Article 4, Part 2 of the Official Code of Georgia Annotated. All work will be done in accordance with Georgia Department of Transportation's (GDOT) Standard Drawings, Standard Specifications, and Pay Items Index as standards and specifications for the construction and completion of the work required. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. Sealed bids will be received no later than 2:00 PM local Time on May 9th, 2017. Sealed bids shall be submitted to: City of Milton Attn: Honor Motes, Purchasing Office, 2006 Heritage Walk, Milton GA 30004. At approximately 2:10 PM Local Time on the day bids are received the bids will be publicly opened and the bidder's name and total bid amount will be read aloud at: City of Milton City Hall, 2006 Heritage Walk, Milton GA 30004. Bids received after the above time or in any other location other than the Purchasing Office will not be accepted. Bids shall be presented in a sealed envelope with the bid number (17-PW06) and the name of the company or firm submitting clearly marked on the outside of the envelope. ONE (1) ORIGINAL (PAPER) AND TWO (2) COPIES (PAPER) AND A PDF COPY OF THE BID ON CD MUST BE SUBMITTED. Bids will not be accepted verbally, by fax, or email. Questions must be in writing. For questions, please email Matt Fallstrom at matthew.fallstrom@cityofmiltongo.us . Deadline for questions is April 27, 2017 at 5:OOpm. Official answers to questions and potential changes to the ITB (Addendums) will be posted at the same web locations as the ITB on or about May 1, 2017. Any other form of interpretation, correction, or change to this ITB will not be binding upon the City. It is the bidder's responsibility to check the websites for potential updates. Please refer to Bid (17-PWO6) and bid name (FY 17 Asphalt Rejuvenation Project) when requesting information. The City of Milton reserves the right to reject any or all bids and to waive ITB 17-PWO6 4 1 Page technicalities and informalities, and to make award in the best interest of the City of Milton. The selected contractor must be able to start work within ten (10) calendar days after the "Notice to Proceed" is issued. The time of completion for the project is ninety (90) calendar days from the date of the "Notice to Proceed." If weather affects the required completion schedule, The City and selected contractor will negotiate a new completion date. Section 108.08 of the State of Georgia Department of Transportation Standard Specifications Construction of Transportation Systems (current edition) shall be applied. BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) 1 Filled out and Signed Invitation to Bid 1 2 Bid Form and Addenda Acknowledgement (2 pages) 11-12 3 Bid Bond (3 pages) 13-15 4 Qualification Signature and Certification 16 5 List of Subcontractors 17 6 Contractor Affidavit and Agreement (eVerify) 18 7 Bid Schedule (3 pages) 19-21 8 Disclosure Form 22 INFORMATION AND INSTRUCTIONS The purpose of this solicitation is to enter into a unit price "purchasing contract" with one firm to be the primary supplier of the FYI Asphalt Rejuvenation Project, 17-PWO6. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. Unless clearly shown as "no substitute" or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is ITB 17-PWO6 5 1 Page intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturer's number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. The City reserves the right to cancel the contract at any time with 30 days written notice. Title to any supplies, materials, equipment or other personal property shall remain the Contractors' until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor's expense to the complete satisfaction of the City of Milton with no additional expense to the City. EVALUATION The City intends to evaluate the ITB on the lowest, best, responsible, and responsive vendor. INSURANCE REQUIREMENTS Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7.K) . ITB 17-PWO6 6 1 Page (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance ITB 17-PWO6 7 1 Page or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (34) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage ITB 17-PWO6 8 1 Page required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers' Compensation policy. BONDING REQUIREMENTS Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project strictly within the terms and conditions stated in this bid and in the bidding and contract documents, should the construction contract be awarded. The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE BONDS for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the contract price. ITB 17-PWO6 9 1 Page The Successful Bidder shall also be required to furnish a MAINTENANCE BOND, in the amount of one-third (1 /3) of the contract price, guaranteeing the repair or replacement caused by defective workmanship or materials for a period of two (2) years from the completion of construction. Bonds shall be issued by a corporate surety appearing on the Treasury Department's most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. OATH Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e). COST OF PREPARING A PROPOSAL The costs for developing and delivering responses to this ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton. ITB 17-PWO6 10 1 Page HOMEOF''-+E BEST QUALITY OF LIFE IN GEORGIA' M I LTON 4t ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 17-PW06 FY17 Asphalt Rejuvenation Project The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the City of Milton and Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled. The Bidder further proposes and agrees hereby to promptly commence the Work with ITB 17-PWO6 11 1 Page adequate forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to complete all Work within ninety (90) calendar days from the Notice to Proceed. If weather affects the required completion schedule, The City and selected Bidder will negotiate a new completion date. Attached hereto is an executed Bid Bond in the amount of � 3, 850, ov Dollars ($ (Five Percent of Amount Bid). If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. NLA Date viewed Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this 5th Bidder Mailing Address: 24144 Detroit Road Westlake, OH 44145 day of May , 201L Signature: Print Name: Bidder Pavement Technology, Inc.(Seal) Company Name Title: Vice President ITB 17-PWO6 12 1 Page HOME OF 'THE BEST C)IJAUTY OF LIFE IN GEORGIA' MILTON -- ESTABLISHED 2W5 BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] (3 PAGES) BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): Pavement Technology, Inc. 24144 Detroit Rd., Westlake, OH 44145 SURETY (Name and Address of Principal Place of Business): Travelers Casualty and Surety Company of America, Hartford, Connecticut OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 2006 Heritage Walk Milton, Georgia 30004 BID BID DUE DATE: 05/09/2017 PROJECT (Brief Description Including Location): FY17 Asphalt Rejuvenating Project BOND BOND NUMBER: DATE (Not later that Bid due date): 05/09/2017 PENAL SUM: Three Thousand Eight Hundred Fifty Dollars and 00/100 $3,850.00 ( Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. BIDDER VECC rFes, pent SURETY Travelers Casualty and Surety Company q5 ftfica Surety's Name and Corporate Seal / By: 4 1 AA0. r, ( [ Signature and Title: Caren Campanalie, Attorney-in=Fact ITB 17-PW06 13 1 Page (Attach Power of Attorney) Attest: �A/Attest:. Signa r andtitle:' #dmioisira 'Yc As Sfan>L Signature and Title: C5 Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. ITB 17-PWO6 14 1 Page 7. Any suitor action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. ITB 17-P W O6 15 1 Page WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER .tAK POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 230061 Certificate No. 006545394 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Thomas R. McGowan III. Thomas R. McGowan IV, Laura Gundlach, Kevin Milligan. Jackie Steffy, Allison Rindels. Lee Stacey. Mat: Fulkerson, and Caren Campanalie of the City of Fairview Park . State of Onto , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this ., 20th day of October 2015 State of Connecticut City of Hartford ss. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company OE 94COA PDRATEO'1951j� , By: Y Robert L. Raney, . enior Vice President On this the 20th _ day of October 2015 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that lie, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal.gee My Commission expires the 30th day of June, 2016. 58440-8-12 Printed in U.S.A. WARNING: THIS POWPR OF ATTORNEY WITHOUT THE RED Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, Leading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. t✓1 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of . !)L''t(1 -- — 20 f lT iool�` (<. - Z�� Kevin E. Hughes, Assistant Sec Lary (DOE) �iFD �1 � "�t < s . ►a f+_–•^•'� �':- .� ` r•� `�A ALN To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.corn. Please refer to the Attomey-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD, CONNECTICUT 06183 FINANCIAL STATEMENT AS OF JUNE 30, 2016 CAPITAL STOCK $ 6,480,000 ASSETS L(ABIUTISS9SURPLUS BONDS $ 3,632,716,349 UNEARNED PREMIUMS $ 881,177,858 STOCKS 310,194,103 LOSSES 751,751,008 PREMIUM BALANCES 243,315,535 LOSS ADJUSTMENT EXPENSES 243,702,829 CASH AND INVESTED CASH 204,299,852 COMMISSIONS 26,918,117 INVESTMENT INCOME DUE AND ACCRUED 42,746,391 TAXES, LICENSES AND FEES 10,664,757 OTHER INVESTED ASSETS 3,343,421 OTHER EXPENSES 28,165,714 NET DEFERRED TAXASSET 66,860,340 CURRENT FEDERAL AND FOREIGN INCOME TAXES 17,105,679 REINSURANCE RECOVERABLE 15,965,985 REMITTANCES AND ITEMS NOT ALLOCATED 3,576,469 SECURITIES LENDING REINVESTED COLLATERAL ASSETS 13,048,445 AMOUNTS WITHHELD / RETAINED BY COMPANY FOR OTHERS 72,560,698 RECEIVABLES FROM PARENT, SUBSIDIARIES AND AFFILIATES 24,172,079 RETROACTIVE REINSURANCE RESERVE ASSUMED 900,675 ASSUMED REINSURANCE RECEIVABLE AND PAYABLE 593,147 POLICYHOLDER DIVIDENDS 8,935,664 FUNDS HELD BYIDEPOSITED WITH REINSURED COMPANIES 693,881 PROVISION FOR REINSURANCE 3,834,904 OTHER ASSETS 6,460,103 REINSURANCE PAYABLE ON PAID LOSS ADJUSTMENTS EXPENSES 591,157 ADVANCE PREMIUM 1,157,779 PAYABLE FOR SECURITIES LENDING 13,048,445 PAYABLE FOR SECURITIES 59,075,015 CEDED REINSURANCE NET PREMIUMS PAYABLE 40,629,534 OTHER ACCRUED EXPENSES AND LIABILITIES 1,595,352 TOTAL LIABILITIES 3 2,165.671,734 CAPITAL STOCK $ 6,400,000 PAID IN SURPLUS 433,803,700 OTHER SURPLUS 1,958,394,137 TOTALSURPLUS TO POLICYHOLDERS $ 2,398,677,897 TOTALASSETS S 4,564,349,631 TOTAL LIABILITIES & SURPLUS S 4,564,349,631 STATE OF CONNECTICUT COUNTY OF HARTFORD ) SS. CITY OF HARTFORD MICHAEL J. DOODY, BEING DULY SWORN, SAYS THAT HE IS SECOND VICE PRESIDENT, OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF. THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID COMPANYAS OF THE 30TH DAY OF JUNE, 2016. SUBSCRIBED AND SWORN TO BEFORE ME THIS 15TH DAY OF AUGUST, 2016 L 0TAk c 1301 ;we� (Q2.0 )� Od G SECOND VICE PRESIDW (f NOTARY PUBLIC SUSAN M. WEISSLEDER Notary Public My Commission Expires November 30, 2017 STATE OF GEORGIA OFFICE OF INSURANCE AND.sAFETY FIRE COMMISSIONER CER-TI-1C•�4TE=OF-:AIJTORITY """' •-`- ;= .:r _ c, < - max'• _ � 1,•... WHEREAS, THE TRA\%EL�RS CAS&_SURETY COME'ANY OF AMERICA,'ORGANIZED UNDER THE LAWS AND RI;'G,ULATIONS OF•T•HE STATE OF CONNECTICUT; HAVING (OMOOE€� WITH THE REQUIREMENTS 4F THE LAWS AND RGt?L1fiIf�NS=C}F TiiS STA7 E`AS ARE IPPLIC/1BLE TO SUCH ORGANIZATION, IT IS HEREBY LICENSED T�.TRANSRCT THE E3USINESS,OF-iNSURANCE,IN THE STATE OF GEORGIA ACCORDINd'TO T "E:L`'AWS THEREdF,`WltH RESP ECT --TO THE t:&EOW NG CLASSES ANDlOR}LiNES O tNSURAN E `;' PROPERTY; MARINE`AND'TRANS; CASUALTY (INCL WbRKERS' CO7MP); SURETY,, NOTI IN6 CONTAINED IN THIS•.*LICENSE-AUT-HORIZES-THE LICENSEE T6 -ENGAGE IN OR WRITE ANY CLASSES OR i<IM3S AN OF INSURCE'iN TIi[S-STATE-"•FOR'WHICN•THE LICENSEE CS,NOT AUTHIbAIZED IN ITS;STATE OF'D" Q-MICILE PURSUANT TO O.C-G.A, SECTION 33 3-16(a), F{IS:CERTIEICATE OF AUTHORITY EXPIRES.AT i 1 s9 P M ` {JUNE 34, ibl5, UNE.�S:�x.SOSPENDED,OR REV.OI�E51N THE MANNER PROVIDED BY'LAW.- .. - 47, GIVEN UNDER My IJAND AND SEAL OF OFFICE THIS DAY, JUNE25,'.2t?i4., RALPH T. HUDGENS COMMISSIONER OF INSURANCE LICENSE NUMBER: 20001488 NAIL NUMBER: 31194 ACQR T 0 � ,, CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 5/5/2017 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(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER McGowan &Company, Inc. 20595 Lorain Rd Fairview Park OH 44126 CONTACT Allison Rindels PHONE 440-333-6300 x4344 F AX . 440-333-3214 & MAIL . ARindels@mcgowaninsurance.com INSURERS AFFORDING COVERAGE NAIC # 3/1/2017 INSURERA:Travelers Property Casualty Company 39357 EACH OCCURRENCE $1,000,000 INSURED PAVETEC-01 INSURERs:Travelers Indemnity Co. Pavement Technology, Inc 24144 Detroit Rd Westlake OH 44145 INSURER C: INsuRERa INSURER E PRODUCTS-COMP/OPAGG $2,000,000 INSURER F, A COVERAGES CERTIFICATE NUMBER: 1673745535 REVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DDL INS SUER POLICY NUMBER. POLICY EFF M. ODPNYY POLICY EXP MWDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR DT -CO -324N6425 -TIL -17 3/1/2017 3/1/2018 EACH OCCURRENCE $1,000,000 DAMAE TO RENTIfff PREMISES rr $300_000_ MED EXP (Any one person) $5.0_00 PERSONAL& ADV INJURY $1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: POLICY a PEC- 7 LOC OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS-COMP/OPAGG $2,000,000 $ A AUTOMOBILE X )t LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON-OWNEDDAMAGE-'-'—"' AUTOS ONLY X AUTOS ONLY DT -810 -324N6425 -TIL -17 3/1/2017 3/1/2018 COMBINED $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ racciden B X UMBRELLA LIAB I EXCESS LIAR iCLAIMS-MADE X OCCUR CUP -2J391570--17-26 3/1/2017 3/1/2018 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 DED I X I RETENTION$ 10.000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes describe under DESCRIPTION OF OPERATIONS below N I A DTJUB-2900776-1-17 311/2017 3/1/2018 X PRH STATUTE - E -L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 T I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: FY17 Asphalt Rejuvenating Project CERTIFICATE HOLDER CANCELLATION @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Milton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Purchasing Office ACCORDANCE WITH THE POLICY PROVISIONS. 2006 Heritage Walk Milton GA 30004 AUTHORIZED REPRESENTATIVE @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD HOME OF IT -E 3ESr QUAL,T= -'F _ F;-:: :. F� -,` ,,3iA' MILTON4t, ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not b iolat n ny respect. Authorized Signature Date 5/5/2017 Print/Type Name Jo>6 J. Schlegel, Vice President Print/Type Company Name Here Pavement Technology, Inc. CORPORATE CERTIFICATE 1, Susan J. Durante , certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that John J. Schlegel who signed said bid in behalf of the Contractor, was then (title) vice President of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of Ohio This 5th day of May , 20ij_ ITB 17-PW06 16 1 Page HOME OF'"-+E SES? QUAU'Y 0= =E IN GEORG!A' I LTO N111K ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do , do not ✓ , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name: Pavement Technology, Inc. ITB 17-PWO6 17 1 Page HOME OF ' T'1E BES` QUAD!-/ ;;;' -iFE IN GEORGIA.' Ml--LTON, ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] EXHIBIT As D " CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-9T (b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 705855 eVerify Number Maech 13 4015 Date of Authorization Pavement Technology, Inc. Name of Contractor FYI 7 Asohalt Rejuvenation Proiect Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 5Lh-_, JT7 201 city), or Agent )ent deo-" I Officer SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 5th DAY OFF �09g1l ,2012. NOTARY PUBL [NOTARY SEAL LISA A. TRILTT>] FIL-PALOS My (MpJM111Y "WE"t9f oriu My comp w "K Mia Jan. 17,26„ Z ITB 17-PW06 18 1 Page HOME OF'THE BEST QUALfTY OF IN GEORG,A' MILTON*k ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID SCHEDULE - 3 PAGES sTRW I S UNITS QUANTITY I UNIT PKICt TOTAL AMOUNT Thomas Creek Ct SY I 1.193.89 1$0.81 $967.05 Highlands Manor Ct SY 1,873.76 $0.81 $1,517.75 Cedar Farms SY 5,200.00 $0.81 $4,212.00 The Hermitage Or SY 5,964.00 $0.81 $4,830.84 Plantation Trce SY 7,149.00 $0.81 $5,790.69 Plantation Cove SY 2,600.00 $0.81 $2,106.00 Shadecrest Ct SY 540.78 ! $0.81 $438.03 Pleasant Hollow TO SY 3,174.11 $0.81 $2,571.03 Old Barn Ct SLn SY 3,520.00 $0.81 $2,851.20 Wyndham Farms Way SY 2,127.11 $0.81 $1,722.96 Wyndham Farms Dr SY 7,205.67 $0.81 $5,836.59 Sprinfield Creek Rd SY 1,689.60 $0.81 $1,368.58 Springfield Creek Way SY 563.20 $0.81 $456.19 Oakhurst Leaf SY 2,112.00 $0.81 $1,710.72 Hallbrook Ln SY 2,371.22 $0.81 $1,920.69 Galloway Vw SY 800.11 $0.81 $648.09 Champions View Or SY 9,992.00 $0.81 $8,093.52 Champions View Pkwy SY 6,000.00 1 $0-81 $4,860.00 Champions Vista Ct SY 1,600.00 $0.81 $1.296.00 Oakmeade Trace SY 2,250.00 $0.81 $1 ,822.50 Chantress Ct SY 871.00 $0.81 $705.51 Harmony Ct SY 1,950.00 $0.81 $1,579.50 Cadence Ct SY 439.00 $0.81 $355.59 Avening Ct SY 566.00 $0.81 $458.46 Camleon CT SY 422.00 $0.81 $341.82 ITB 17-PW06 19 P a g e Feyston ct SY 422.00 $0.81 $341.82 Laurel Grove Dr. SY 4,082.00 $0.81 $3,306.42 Laurel Grove Ln SY 3,650.00 $0.81 $2,956.50 The Hermitage SY 6,000.00 $0.81 $4,860.00 Arklow Dr SY 2,066.00 $0.81 $1,673.46 Dunbrody Dr SY 3,300.00 $0.81 $2,673.00 Dunbrody Ave SY 2,700.00 $0.81 $2,187.00 Itaska Walk SY 533.00 $0.81 $431.73 Total Bid Price $ 76,891.24 Print Total Bid Price $ 76,891.24 Bid Alternate Price $ Fill out "Unit Price" column, 'Total Amount" column, and "Total Bid Price" Actual price to the City will be based on actual quantity multiplied by the bid "Unit Price". Number of days to fully complete project (exclude weather related days) 7 days ITB 17-PW06 20 1 Page HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON It ESTABLISHED 2006 In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY Pavement Technology, Inc. ADDRESS 24144 Detroit Road, Westlake, OH AUTHORIZED SIGNATUR PRINT / TYPE NAME John J. Schlegel TITLE Vice President ITB 17-PW06 21 1 Page N*k HOMEOF'iNE BEST QUA-r,, ;F'..^ �t�'w,,�,,a MILT - 0 ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder Pavement Technology, 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.) N/A List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description N/A NIA Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: N/A N/A ITB 17-PW06 22 1 P a g e 270 PARK AVENUE EAST P.O. BOX 1706 m U 10m MANSFIELD, OH 44901 VqC• Phone: 419-522-9440 Fax= 419-522-8606 Licensed Manufacturer Tricor Refining, LLC Producers of Golden Bearg Preservation Products CERTIFICATE OF COMPLIANCE TO WHOM IT MAY CONCERN PRODUCT: RECLAMITE' IT IS HEREBY CERTIFIED THAT THE ABOVE PRODUCT DESIGNATED HEREON CONFORMS TO THE APPLICABLE SPECIFICATIONS FOR THE PRODUCT SO INDICATED, AND THAT PAVEMENT TECHNOLOGY, INCORPORATED HAS BEEN AN AUTHORIZED APPLICATOR FOR D & D EMULSIONS, INC., AN AUTHORIZED LICENSED MANUFACTURER FOR TRICOR REFINING, LLC. Date May 23, 2017 Approved by----" Title: President JA\TRICORREFINING, LLG Producers of GOLDEN BEAR PRESERVATION PRODUCTS 1134 Manor St • Oikiafe, CA 93308 l P.O. Box 5877 - Bakersfield. CA 93388 Phone 661.393.7110 — Fax 661.393.1601 RECLAM ITEQ Asphalt Rejuwnaang Agent Sgeclfications: Test Method Requirements Tests ASTM AASHTQ Min. Max. Tests on Emulsion: Viscosity @ 25°C, SFS D-244 T-59 15 40 Residue, % WI) D-244 (mod) T-59 (mod) 60 65 Miscibility Test(2) D-244 (mod) T-59 (mod) No Coagulation Sieve Test, % wm D-244 (Mod) T-59 (mod) — 0.1 Particle Charge Test D-244 T-59 Positive Percent Light Transmittance(-) GB GB -- 30 Cement Mixing D-244 2.0 Tests on Residue from Distillation Flash Point, COC, °C D-92 T-48 196 --- Viscosity @ 60°C, cSt D445 --- 100 200 Asphaltenes, %w D-2006-70 — 0.75 Maltene Distribution Ratio D-2006-70 — 0.3 0.6 PC + A1(5) S + A2 PC/S Ratio(5) D-2006-70 -- 0.5 --- Saturate hydrocarbons, S(5) D-2006-70 -- 21 28 ASTM D-244 Evaporation Test for percent of residue is made by heating 50 gram sample to 14900 (300°F) until foaming ceases, then cool immediately and calculate results. 2Test procedure identical with ASTM D-244 60 except that .02 Nomial Calcium Chloride solution shall be used in place of distilled water.. 3Test procedure identical with ASTM D-244 60 except that distilled water shall be used in place of two percent sodium oleate solution. 4Test procedure is attached. SChemical composition by ASTM Method D -2006 -70 - PC = Polar Compounds, Ar = First Acid- s. AZ = Second Acidafffim, S = Saturated Hydrocarbons. Note: For gal/ton conversion use 242 gal/ton. Note: Data presented are typical. Slight variation may occur from lot to lot fi W ou of. Sea Coa. Runway 146 -a 34 L (Field - A ajes zores by J. E. Pieta fie oted%" Laboratory - U.S. Army Engbmw Wa"ga ftpwkm= Sego P.O. x el ' V' Matcb 1983 FS ~ Pavement Te Inc. l'�er�!eraulber �L : _ fat iMO 000 !A. y ON 4ft4 at T `:9C t art -f .,fr !D �a t � t �♦ ...«fast..: � �+sa , tr o a. n t+.•sap,....+ .''+ar.n d+t..+.f b �u t....*rl.��u s• at a !.r 11 ,.., �4s±'. tk .3��-�a,..L _g9ri Al t CSa ,'ll•ri `:{' is Jk a•r -0t i.,+'...• If+�a�i r4-, 4. i a: U.�� tt:xfrk, ,..:if if` TI*.r.S i ra, 1rf1 .r., •..i Ind t Lsyoot Of oa�lyd ! A?�i D n 4fr '��,4"., i #' Ili+ •.:.."n; i t .:tom. t .!a'. �� f�a;i i! h T'..:=. _t Civ i.-] �• tt} T :Sc M1 f,ti, ♦a h Q .s ..0 c.7 f •. 9.. # IQ 1 a 3 N I *Vol A It zli74 —-9 mg ;l -4 it dqK%) I[-, is j ti�o 4 77-7.17 74 7-773 [rt .1 ;JI.7 oil LaTIE—TH77 7-=t "i i 7:1-ILT 1 - K, v S-1 vs i I o " I -I 4 0 V fit f :,:4 -IT VM "?77L7 Ur -77 rsbk I no I Z 3 4 - 5 6 7 8 Ave Change (Ve) 3+43. 83.7 i! W 23+0 4349fLW 34+34.5.1 ft E 32+07,S13RW 64+36, 32_4 A E 00+67, 14.6 ft W 96+95. 121A ftE 99+17.17 ft E P 11.00 I LOD 13.W 9.00 4.00 9.00 GM 6.00 W E endrad s R ■ x ,.:Y q a `. :. R Rx;a+w rw� . ::kY Y'.4r;:Stt. t :40a-a.}•••!.ewn. &S R +5 4. rn: L.t. .. .- •• t,..ti O.Fi e Y x i n,. •45.:'1}4 ! . Rr+M a .-• . 1 t .i-�f..+M Y:;'R % E. It t' �vi',:.'-1 ,.a. rt{ �.' *"•{t .t %. M71 x+Y'= .R t.. :t a as t »tt` IL i r73 a r It - tri t +P `"R oytt til „ -.cs' iR 41 •) t..c t�. .....-. tc A. tR R�.t R' • � . . t bi —;w �t t R t 29.80 13:00_ 31.00 27AD 17.00 22.80 �iOfJ 2900 2538 194.091 Inemsa /Lbsett�t 144V (10060*0 UM ti rex _-rwii % ;ti 'S -^• *41 t t r. 1 t 41 zx U phaft I Coater t00 -ft -wide arra 0.05+8 Sd1sQ yd AEE c&cr areas GMWI 11sVsq Y6 Pb=t 11 From Ova Eine runway out SO ft 0.035 SttllsQ yd All other areas 0.066 lstt Yd Phis. III From CM a list rummyout SO ft OA58 ga/sq 7d AH other ars 0-W4 VkVsq 7d 401,351 &.420 449. S2D '426 011 • 242.293 32.060 1.6S3Y 363 43.443 3, 774.367 - 177.941 %3.971 62.936 1,263.880 23, 444 1.319,69-7 41.392 1, 143. WM 63.663 Viscosity 44.40 ti rex _-rwii % ;ti 'S -^• *41 t t r. 1 t 41 zx U phaft I Coater t00 -ft -wide arra 0.05+8 Sd1sQ yd AEE c&cr areas GMWI 11sVsq Y6 Pb=t 11 From Ova Eine runway out SO ft 0.035 SttllsQ yd All other areas 0.066 lstt Yd Phis. III From CM a list rummyout SO ft OA58 ga/sq 7d AH other ars 0-W4 VkVsq 7d (_.Onstruction sea L Reclamtte was used as a construction seal. Forcomparison, the lower Ieft area was not tseated- Reclatnite was used as a constriction seal on the dry areas of this pavement. Untreated areas are still wet from water Penetrating the surface. Reclamite was used as a construction seal on the dry areas of the pavement. Penetration values of asphalt extracted trona cores (New Mexico Highway Department). Reclarnite treated Q2 years) Care Depth Value Top %z" -- 52 -- 2 Top'/z" — 48 3 TO p ,/2,; Unfa eated _ -----� —4 Top '/2" ---- 17 5 ----- Top 2" --- --- _ 6 TOP 1/11, 23 22 Peretratior values of asphalt extracted from cores (Dcuglas Street Kern County, C au.)a — — Reegamite jreated -- — --- Depth 6 mos. 30 mos. - - Top /z„ -- - 37 - 25 - -- -- Untreated --- - -�Gp �/Z , — -- � 3 � ✓ Peretratior values of asphalt on cares taker at inkerials over period of dune (Day Strom Kern Count)G Calif.). - Reciamite treated — Depth 2 inns. 1 a mos, 36 mcs. TOP V2" 82 48 40 _ -- Untreated Top'/z" 23'-'--'— 19 16 - Arn, 17-1iry-7-1 J� � / fjljj J Asphalt Recycling & Preventive Maintenance Specialists Exioerience Outline Operations and Fleet Manager- David Clark 24144 DETROIT ROAD WESTLAKE, OHIO 44145 (440) 892-1895 (800) 333-6309 FAX (440) 892-0953 1994-1995 Studied at Alfred State College, New York — Associate in Automotive Trades — Heavy Equipment, Truck and Diesel 1995-1997 Worked at a hazardous waste incineration plant /fork lift and OSHA training certificates 1997-1999 Foundry work /furnace operator specializing in copper and brass 1999 — Present Pavement Technology, Inc., Westlake, Ohio 1999 —2000 General taborer/driver - rejuvenating agents and crack sealing roadways 2000 —2004 General supervisor in charge of rejuvenating agent application, crack sealing, and other miscellaneous road construction work 2004 —2015 Fleet Manager in charge of all repairs and scheduling repairs for all trucks and equipment 2015 — Present Operations and Fleet Manager — in charge of scheduling crews and day to day operations AN EQUAL OPPORTUNITY EMPLOYER Asphalt Recycling & Preventive Maintenance Specialists Experience Record — Reclamite® Application 24144 DETROIT ROAD WESTLAKE, OHIO 44145 (440) 892-1895 (800)333-6309 FAX (440) 892-0953 Agency Project Name Contract Size Date Completed City of Roswell 2016 Asphalt 262,965 s.y. 10/2016 Joe Vitale Rejuvenation Program 770-594-6105 38 Hill Street, Suite 235 Roswell, GA 30075 City of Duluth 2016 Asphalt 163,290 s.y. 10/2016 Audrey Turner Rejuvenation Program 770-476-2454 2450 Chattahoochee Drive Duluth, GA 30096 Charleston County 2016 TST Asphalt 291,630 s.y. 9/2016 Richard Turner Rejuvenation 843-202-6155 4350 Azalea Drive Charleston, SC 29405 Town of Cary FYI Street Improvement 237,977 s.y. 8/2016 Sammy Wood Project ST1243 & ST1256 919-380-4204 316 N. Academy Street Cary, NC 27513 Town of Waynesville 2016 Rejuvenation 71,325 s.y. 6/2016 Daryl Hannah 828-456-3706 129 Legion Drive Waynesville, NC 28786 AN EQUAL OPPORTUNITY EMPLOYER "EXHIBIT C" Reference Exhibit A "EXHIBITS D.1, D.2 AND D.3" Bond #106685622 "EXHIBIT D.l" PERFORMANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Pavement Technology, Inc. Travelers Casualty & Surety (as CONTRACTOR, hereinafter referred to as the "Principal"), and Company of America (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), Seventy Six Thousand Eight for the use and benefit of the City, in the sum of Hundred Ninety One Dollars & 24/100 Dollars ($ 76,891 .24), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for the construction of a project known as FY17 Asphalt Rejuvenating Project (hereinafter referred to as "the PROJECT"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"),. NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, ITB 17-PWO6 82 1 Page including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions, and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach or default of the Contract: a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) calendar days after written notice from the City to the Contractor's Surety; and b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor's Surety hereby waives notice of any and all modifications, omissions, additions, changes, and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duty authorized officers or attorneys -in -fact, as set forth below. ITB 17-PWO6 83 1 P a g e CONTRACTOR ("Principal"): (signature) (print) Title: vice Press drn (SEAL) Attest: Date: 6,12 y 1 j 7 (signature) N a n n i e Nt I I S (print) Title: lid m', n; st r , ve Ass istant Date: 5f 2 y 11-1 CONTRACTOR'S SURETY: Travelers Casualty and Surety Company of America By: 6 )z) U1 (signature) Caren Campanalie (priltt) Title: Attorney -in -Fact _ (SEAL) Attest: Date: 6l. ' (signature) Umt& (-iQ tJ L. c. H (print) Title: *�7 Date: 5 �.a -2 01 7 May 22, 2017 (ATTACH SURETY'S POWER OF ATTORNEY) ITB 17-PW06 84 1 Page TRAVELERS WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney -In Fact No. 230061 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 007217439 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Thomas B. McGowan III, Thomas B. McGowan IV, Laura Gundlach, Kevin Milligan, Jackie Steffy, Allison Rindels, Lee Stacey, Mae Fulkerson, and Caren Campanalie of the City of Fairview Park , State of Ohio ,their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. y IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of May 2016 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 5th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company S1.✓^,..,,.,, �Zr ary UgQ`4 o wq� 1Yq'� �a��•�b" O y 77•' WCQ�iFORAiED� .-� _ �Zi l��i�ORP°RA�f�� '`e�'vPORA .2�E � �"�Y as �� C -Tf L?HARTFORD, < < ��R�� h Asa 1951 :,� �i5EALin lil °S coeN. 7896 b`y e nNa 'mid A� .�s�FV 1��$EA... '�Oc o'�o< State of Connecticut City of Hartford ss. /7- By: �' u Robert L. Raney, Senior Vice President On this the 5th day of May 2016 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G•T0- V In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021. pG�* Marie C. Tetrcaul[, Notary Public 58440-5-16 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER STATE OF GEORGIA OFFICE OF INSURANCE AND SAFETY FIRE COMMISSIONER CERTIFICATE-OF-.AU1'H_ORITY WHEREAS, THE TRAVELERS CASUALTY & SURETY COMPANY OF AME RICA,'.ORGAN[ZED UNDER THE LAWS AND REGULATIONS OF•THE STATE OF GON ECTICUT; HAVING COMPLIED WITH THE :.. REQUIREMENTS OF THE LAWS AND REGULA. ]ONS OF. -THIS STATE AS ARE ARPLICABLE TO SUCH ORGANIZATION,IT IS HEREBY LICENSED,:TQ.TRANSACT THEBUSINESS bF.1NSURANGE,IN THE STATE OF GEORGIA ACCORD(N(�•TO-.THE:LAWS THEREOF, WITH RESPECT --TO THE FOLLOWING CLASSES AN NOR LINES .PROPERTY; MARINE AND'TRANS; CASUALTY (INCL WORKERS' COMP); SURETY,` NOTHING CONTAINS. iN THI.S:LICENSE AUTHORIZES THE LICENSEE:TO-ENGAGE IN OR WRITE ANY CLASSES Oft KINDS OF INSURANCE -IN THIS-STATE-FOR-WHICH'THE LICENSEE ISNQT AUTHORIZED IN ITS, STATE OF DOMICILE. PURSUANT10' Q.6!b.A. SECTION 33-3-16 a THIS..CERTIFICA_ TE bF AUTHORITY EXPIRES_AT 11,:59 �:) , . .. P.M.' ON JUNE 30, 2015, UNLESS:.SUSPENDED�OR REVOKE(- IN THE MANNER PROVIDED BY LAW: ,l ..ice _ '.i _ _ -. _ _...._. .. - �- 7.`• i GIVEN UNDER MY LAND AND SEAL OF {JFFICE RALPH T, HUDGENS THIS DAY, JUNE 25;.2014.. COMMISSIONER OF.INSURANCE LICENSE NUMBER: 20001488 NAIC NUMBER: 31194 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD, CONNECTICUT 06183 FINANCIAL STATEMENT AS OF JUNE 30, 2016 CAPITAL STOCK $ 6,480,000 BONDS $ 3,632316,349 UNEARNED PREMIUMS $ 881,177,858 STOCKS 310,194,103 LOSSES 751,751,088 PREMIUM BALANCES 243,315,535 LOSS ADJUSTMENT EXPENSES 243,702,829 CASH AND INVESTED CASH 204,299,652 COMMISSIONS 26,918,117 INVESTMENT INCOME DUE AND ACCRUED 42,746,391 TAXES, LICENSES AND FEES 10,664,757 OTHER INVESTED ASSETS 3,343,421 OTHER EXPENSES 28,165,714 NET DEFERRED TAX ASSET 66,860,340 CURRENT FEDERAL AND FOREIGN INCOME TAXES 17,105,679 REINSURANCE RECOVERABLE 15,905,985 REMITTANCES AND ITEMS NOT ALLOCATED 3,576,469 SECURITIES LENDING REINVESTED COLLATERAL ASSETS 13,048,445 AMOUNTS WITHHELD / RETAINED BY COMPANY FOR OTHERS 72,560,698 RECEIVABLES FROM PARENT, SUBSIDIARIES AND AFFILIATES 24,172,079 RETROACTIVE REINSURANCE RESERVE ASSUMED 980,675 ASSUMED REINSURANCE RECEIVABLE AND PAYABLE 593,147 POLICYHOLDER DIVIDENDS 8,935,664 FUNDS HELD BYIDEPOSITED WITH REINSURED COMPANIES 693,881 PROVISION FOR REINSURANCE 3,834,904 OTHER ASSETS 6,460,103 REINSURANCE PAYABLE ON PAID LOSS ADJUSTMENTS EXPENSES 591,157 ADVANCE PREMIUM 1,157,779 PAYABLE FOR SECURITIES LENDING 13,04B,445 PAYABLE FOR SECURITIES 59,075,015 CEDED REINSURANCE NET PREMIUMS PAYABLE 40,829,534 OTHER ACCRUED EXPENSES AND LIABILITIES 1,595,352 TOTALLIABILMES $ 2,165,671,734 CAPITAL STOCK $ 6,480,000 PAID IN SURPLUS 433,803,760 OTHER SURPLUS 1,958,394,137 TOTAL SURPLUS TO POLICYHOLDERS $ 2,398,677,897 TOTALASSETS $ 4,564,349,631 TOTAL LIABIUTIES & SURPLUS $ 4,564,349 631 STATE OF CONNECTICUT ) COUNTY OF HARTFORD ) SS. CITY OF HARTFORD ) MICHAEL J. DOODY, BEING DULY SWORN, SAYS THAT HE IS SECOND VICE PRESIDENT, OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID COMPANYAS OF THE 30TH DAY OF JUNE, 2016. SUBSCRIBED AND SWORN TO BEFORE ME THIS 15TH DAY OF AUGUST, 2016 = 44 1 01" Ac UBLI SECOND VICE PRESID tom' (j NOTARY PUBLIC SUSAN M. WEISSLEDER Notary Public My Commission Expires November 30, 2017 Bond #106685622 "EXHIBIT D.2" PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Pavement Technology, Inc. rraveiers casualty ana Surety (as CONTRACTOR, hereinafter referred to as the "Principal"), and Company of America (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of Seventy Six Thousand Eight Hundred Ninety One Dollars and 24/100 Dollars ($ 76 , 891 .21), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for the construction of a project known as FY17 Asphalt Rejuvenating Project (hereinafter referred to as "the PROJECT'), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT") NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services, and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A "Claimant" shall be defined herein as any Subcontractor, person, Party, partnership, corporation, or other entity furnishing labor, services, or materials used or reasonably required for ITB 17-PW06 85 1 Page use in the performance of the Contract, without regard to whether such labor, services, or materials were sold, leased, or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a Lien against the property of the City affected by the Contract, the Contractor's Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers, as set forth below. [SIGNATURES ON FOLLOWING PAGE] ITB 17-PW06 86 1 Page CONTRACTOR: By: (signature) AM071 h , ). �9ch ion ei (printed) Title: _U; eP Prc�,dPn-F (SEAL) Date:512Nb-7 Attest: ` kch (signature) H Gin n i e. wifs (printed) Title: Adw,i n;ctra h ye As5,5iaij t Dater/Z'd a CONTRACTOR'S SURETY: Travelers Casualty and Surety Company of America By: �� (signature) Caren Campanalie (printed) Title: Attorney -in -Fact (SEAL) Date: May 22, 2017 Attest: J4AWA / (signature) Lhkf-A G u jjbLAaj (printed) Title: D,1461", MlL1 MLI Date: 6'-,U "2017 (ATTACH SURETY'S POWER OF ATTORNEY) ITB 17-PW06 87 1 Page WARNING: THIS POWER OF ATTORNEY IS INVALID T- `Jk POWER OF ATTO1[8N EY TRAVELERS, Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney -In Fact No. 230061 BORDER St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 007217440 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Thomas B. McGowan III, Thomas B. McGowan IV, Laura Gundlach, Kevin Milligan, Jackie Steffy, Allison Rindels, Lee Stacey, Mae Fulkerson, and Caren Campanalie of the City of Fairview Park , State of Ohio , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 5th day of May 2016 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 2 G� QU��♦ �� F1RE 4 y..yz \Rµ trySG ...� t• Ns`uq"t P\�Y aN0 TY p � � � U G _ > Q: �........ q ,�P.............9 EJ s I��AFTI• piV ajp m �ii11ED $qp. �•� Z_ �lEO A)CZ P RPOR4 ' f� i 3' HARfw. 4" iNcpnagRn 1951 �'•SEALiof '5`; of CONN. n `%3` cOHH.2 7896 Y \•. ff y r\' �j T� '�qy4 AucFG y........ Nva@`,1 s�v.,•... Naaf >yb aa2 �yt ••»✓'a�' .�� w.ap° State of Connecticut City of Hartford ss. f � Robert L. Raney, Senior Vice President On this the 5th day of May 2016 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. I In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021. 10*118UG. Marie C. Tetreault, Notary Public 58440-5-16 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER STATE OF GEORGIA OFFICE OF INSURANCE AND. SAFETY FIRE COMMISSIONER CERTIFIC_A_ TE=4F=.AU1"HORITY WHEREAS, THE TRAVELERS CASUALT( & SURETY COMPANY OF AMERICA, ORGANIZED UNDER THE LAWS AND REGULATIONS OF -THE STATE OF CONNECTICUT; HAVING COMPLIED WITH THE REQUIREMENTS OF THE LAWS ANQ REGC1LAfiICNS OF. -THIS STATE AS ARE f 0LICABLE TO SUCH ORGANIZATION, IT IS HEREBY LICENSEa:TO,TRANSACT THE BUSINESS.,OF,INSURANGE_IN THE STATE OF GEORGIA ACCORDING�TO,.THE':L'AWS THEREOF:, Wit H RESPECT -TO THE FOLLOWING CLASSES ANDIOR LINES OF; INSURANCE:- ; PROPERTY; MARINEAND`TRANS; CASUALTY (INCL WORKERS' COMP); SURETY 'J' NOTHING CONTAINED IN THIS-.LICENSE-AUTHORIZES.THE LICENSEE -.TO. -ENGAGE IN OR WRITE ANY CLASSES OR KINDS OF INSU.RANCEIN;THIS-STATE- FOR -WHICH: THE LICENSEEIS NQT,AbTHORIZED IN ITS:STATE OF DOMICILE. PURSUANT-10-Q.0-.G.A. SECTION33-3-16(a), THIS.CERTI.FICA_ TE 'OF AUTHORITY EXPIRES_AT 11;59 P.M;' ON JUNE 30, 2015, UNCESS.SUSPENDED OR REVOKED IN THE MANNER. PROVIDED BY LAW:- I _ GIVEN UNDER MY "ND AND SEAL OF OFFICE THIS DAY, JUNE 25;".2014 RALPH T. HUDGENS - COMMISSIONER OF INSURANCE LICENSE NUMBER: 20001488 NAIC NUMBER: 31194 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD, CONNECTICUT 05183 FINANCIAL STATEMENT AS OF JUNE 30, 2016 CAPITAL STOCK $ 6,480,000 BONDS $ 3,632,716,349 UNEARNED PREMIUMS $ 881,177,858 STOCKS 310,194,103 LOSSES 751,751,088 PREMIUM BALANCES 243,315,535 LOSS ADJUSTMENT EXPENSES 243,702,629 CASH AND INVESTED CASH 204,299,852 COMMISSIONS 26,918,117 INVESTMENT INCOME DUE AND ACCRUED 42,746,391 TAXES, LICENSES AND FEES 10,664,757 OTHER INVESTED ASSETS 3,343,421 OTHER EXPENSES 28,165,714 NET DEFERRED TAX ASSET 66,860,340 CURRENT FEDERAL AND FOREIGN INCOME TAXES 17,105,679 REINSURANCE RECOVERABLE 15,905,985 REMITTANCES AND ITEMS NOT ALLOCATED 3,576,469 SECURITIES LENDING REINVESTED COLLATERAL ASSETS 13,048,445 AMOUNTS WITHHELD 1 RETAINED BY COMPANY FOR OTHERS 72,560,698 RECEIVABLES FROM PARENT, SUBSIDIARIES AND AFFILIATES 24,172,079 RETROACTIVE REINSURANCE RESERVE ASSUMED 980,675 ASSUMED REINSURANCE RECEIVABLE AND PAYABLE 593,147 POLICYHOLDER DIVIDENDS 6,935,664 FUNDS HELD BYrDEPOSITED WITH REINSURED COMPANIES 693,881 PROVISION FOR REINSURANCE 3,834,904 OTHER ASSETS 6,460,103 REINSURANCE PAYABLE ON PAID LOSS ADJUSTMENTS EXPENSES 591,157 ADVANCE PREMIUM 1,157,779 PAYABLE FOR SECURITIES LENDING 13,046,445 PAYABLE FOR SECURITIES 59,075,015 CEDED REINSURANCE NET PREMIUMS PAYABLE 40,629,534 OTHER ACCRUED EXPENSES AND LIABILITIES 1,595,352 TOTALLIABILITIES $ 2,165,671,734 CAPITAL STOCK $ 6,480,000 PAID IN SURPLUS 433,803,760 OTHER SURPLUS 1,958,394,137 TOTAL SURPLUS TO POLICYHOLDERS $ 2,398,677,897 TOTALASSETS $ 4,564,349,631 TOTAL LIABILITIES & SURPLUS S 4,564,349 631 STATE OF CONNECTICUT COUNTY OF HARTFORD ) SS. CIN OF HARTFORD MICHAEL J. DOODY, BEING DULY SWORN, SAYS THAT HE IS SECOND VICE PRESIDENT, OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF. THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID COMPANYAS OF THE 30TH DAY OF JUNE, 2016. SUBSCRIBED AND SWORN TO BEFORE ME THIS 15TH DAY OFAUGUST, 2016 ti ?' L f}TAP �r4 s =i" o UBLZC, = r r`'lCC�f'1CZ��J ZJooG SECOND VICE PRESIDW NOTARY PUBLIC SUSAN M. WEISSLEDER Notary Public My Commission Expires November 30, 2017 A4C R0' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 5/25/2017 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 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 McGowan &Company, Inc. 20595 Lorain Rd Fairview Park OH 44126 CONTANAME: CT Allison Rindels PHONE 440-333-6300 x4344 FAX /c N.): 440-333-3214 E-MAILEss.ARindels@mcgowaninsurance.com INSURER(SI AFFORDING COVERAGE NAIC # INSURERA:Travelers Property Casualty Company of 39357 INSURED PAVETEC-01 Pavement Technology, Inc 24144 Detroit Rd Westlake OH 44145 INSURERB:Travelers Indemnity Co. 25658 INSURER C: INSURER 0: INSURER E: INSURER F MGVIJIUIV IVUIVIOCI[: 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 INSD SUBIR WVD POLICY NUMBER EFF (MMEXLIC MM/LDDfYYYY LIMITS A X COMMERCIAL GENERALLIABILITY Y Y DT -CO -324N6425 -TIL -17 311(2017 3/1/2018 CLAIMS X❑ EACH OCCURRENCE 51,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $300,000 -MADE OCCUR MED EXP (Any one person) $5,000 PERSONAL &ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: F-X] GENERAL AGGREGATE 52,000,000 PRODUCTS -COMP/OP AGG $2,000,000 POLICY jecT FILOC OTHER: 5 A AUTOMOBILE LIABILITY Y Y DT -810 -324N6425 -TIL -17 3/1/2017 3/1/2018 OMBINED INCL LIMIT Ea accident $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS X HIREDX NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ Per accident $ B X UMBRELLA LIAR X OCCUR Y Y CUP -2,1391570-17-26 3/1/2017 3/1/2018 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $5,000,000 DED I X I RETENTION 510,000 $ /{ WORKERS COMPENSATION Y DTJUB-290D776-1-17 3(112017 3/1/2018 PER OTH- X AND EMPLOYERS' LIABILITY Y / N STATUTE ER E. L. EACH ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N / A E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in If yes, describe under nd E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below 71 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: FY17 Asphalt Rejuvenating Project. Certificate Holder is included as an additional insured as required by written contract. It is further agreed that a waiver of subrogation applies in favor of the certificate holder as required by written contract. City of Milton Attn: Purchasing Office 2006 Heritage Walk Milton GA 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I rti. V 191Jtt-1015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD McGOWAN INSURANCE June 6, 2017 Pavement Technology, Inc 24144 Detroit Rd Westlake, OH 44145 RE: City of Milton, GA Contract Dear John: We have reviewed Section P. Insurance for the City of Milton Contract. In reviewing McGowan Insurance, the insurance agent of Pavement Technology, and Travelers, the insurance carrier for Pavement Technology, found the following section of the contract that we cannot comply with: P(4)(a)(iii) — We cannot guarantee that any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the insured parties. In response to the email dated on June 6 between Ken Holton of Pavement Technology & Matthew Fallstrom of the City of Milton, GA the question was asked if there are separate notice requirements for an additional insured. We have enclosed the additional insured endorsement that provides the reporting provisions for an additional insured. Even though there are separate reporting provisions for the Named Insured & Additional Insured Travelers will take the stance that if a claim is not reported appropriately, it will not be covered. Sincerely, Allison Casstevens McGowan Insurance Enclosure 20595 Lorain Road Fairview Park UH 44126 www.mcgowaninsurance.com (440)333-6300 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET sA ADDITIONAL A I] This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section 11) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III — Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: I. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other In- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such 'other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: r`r n9 as nR on rci ?nnr� Tha .qf Pni d Tr=i=larc ('.mmnmnirac )nr• Pmnc 1 of COMMERCIAL GENERAL LIABILITY G) d) I. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. If a claim is made or "suit" is brought against the additional insured, the additional insured must: 1. Immediately record the specifics of the claim or "suit" and the date received; and ll. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and . c. Before the end of the policy period. pane 9 of 7 n )nnr, Tha Ct Pahl Travalom C`.mmnnniac Inn C*f: M AR nn nn MAINTENANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Pavement Technology Inc., Inc. (as CONTRACTOR, hereinafter referred to as the "Principal" located at 24144 Detroit Rd. Westlake, Ohio 44145, and (as SURETY COMPANY, hereinafter referred to as the "Contractor's Surety"), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of the City for maintenance of improvements as described below in the sum of ($ ), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written Agreement with the City, dated which is incorporated herein by reference in its entirety (hereinafter referred to as the "Agreement"), for the construction of certain Improvements as contemplated by that project known as FY17 Asphalt Rejuvenation Project (hereinafter referred to as the "Project"); and WHEREAS, said Project is to be approved by the City of Milton, under the terms that a maintenance bond is required of said Principal and good and sufficient surety payable to the City, and conditioned that the Principal shall, for a period of one (1) year beginning on maintain all improvements ("Improvements") involved in said Project in accordance with all applicable federal and state laws, with the Agreement, and with all applicable City regulations, including but not limited to the Code of Ordinances for the City of Milton, Georgia, in force as of the date of said approval. NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall maintain the Improvements as described above; and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for costs of maintenance of Improvements, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements described herein, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance by the Principal; a. The Contractor's Surety shall commence performance of its obligations and undertakings under this bond no later than thirty (30) days after written notice from the City to the Contractor's Surety; b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this bond shall be subject to the advance written approval of the City. The parties further expressly agree that any action on this bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this day of 2017. [SIGNATURES ON THE FOLLOWING PAGE] Pavement Technology Inc. Signature (ATTACH SURETY'S POWER OF ATTORNEY) Print Name Date Title (President or Vice President for Corporation) [AFFIX CORPORATE SEAL] Attest: Signature Print Name Title ((Assistant) Corporate Secretary) (Name of Contractor's Surety) Signature Print Name Date Title [AFFIX SEAL] Attest: Signature Print Name Title ((Assistant) Corporate Secretary) (ATTACH SURETY'S POWER OF ATTORNEY) "EXHIBIT E" NONCOLLUSION AFFIDAVIT OF PRIME BIDDER STATE OF Ohio COUNTY OF Cuyahoga John J. Schlegel , being first duly sworn, deposes and says that: (1) He is the Vice President (Owner, Partner, Officer, Representative, or Agent) of Pavement Technology, Inc. (the "Bidder") that has submitted the attached Bid; (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive of sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, included in this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price of any other Bidder or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Milton or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this Affiant. (6) Bidder has not directly or indirectly violated any law, ordinance or regulation related to the Bid. Signat uthorize Officer or Agent John J. Schlegel, Vice President Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ' f" DAY OF 2017. - n fq�otaryy PublicPublic [NOTARY SEAL] My Commission Expires: LOS Notary Pabtic, State of Ohio My Commission Expires Jan. 17,2k/ "EXHIBIT F" FINAL AFFIDAVIT STATE OF COUNTY OF TO CITY OF MILTON, GEORGIA I, hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by or any of its subcontractors in connection with the construction of for City of Milton, Georgia have been paid and satisfied in full as of , 20 , and that there are no outstanding obligations or claims of any kind for the payment of which City of Milton, Georgia on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. Signature Title Personally appeared before me this day of , 20 , who under oath deposes and says that he is of the firm of , that he has read the above statement, and that to the best of his knowledge and belief same is an exact true statement. Notary Public [NOTARY SEAL] My Commission Expires STATE OF Ohio COUNTY OF Cuyahoga "EXHIBIT G.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 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: 705855 Federal Work Authorization User Identification Number March 13,2015 Date of Authorization Pavement Technology Inc. Name of Contractor FY 17 Asphalt Rejuvenation Project Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 20_ in (city), Si lure of-NE—fli—orize4 Officer or Agent John J. Schlegel, Vice President Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 20/� otary Public [NOTARY SEAL] My Commission Expires: HSA • TfflF1t;ETTt-PAL0S Notary Pabtic, State of OYio My CO MiW06 Expires J20,17, 20,� "EXHIBIT G.2" SUBCONTRACTOR AFFIDAVIT STATE OF _ COUNTY OF By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Pavement Technology Inc. on behalf of the City of Milton has registered with, is authorized to use, and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor FY17 Asphalt Rejuvenation Project Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _, 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 1201. _ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: "EXHIBIT H" REFERENCE EXHIBIT A "EXHIBIT I" ADDITIONAL PAYMENT TERMS A. Defined Terms. Terms used in this Agreement shall have their ordinary meaning, unless otherwise defined below or elsewhere in the Contract Documents. (i) "Final Completion" means when the Work has been completed in accordance with terms and conditions of the Contract Documents. B. Payment for Work Completed and Costs Incurred. City agrees to pay the Contractor for the Work performed and costs incurred by Contractor upon certification by the Contract Administrator and the City that the Work was actually performed and costs actually incurred in accordance with this Agreement. Compensation for Work performed and reimbursement for costs incurred shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed and costs incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. The City shall pay the Contractor within thirty (30) calendar days after approval of the invoice by City staff, less any retainage as described in Section D below. No payments will be made for unauthorized work. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered, though the Contractor may arrange to pick up payments directly from the City or may make written requests for the City to deliver payments to the Contractor by Federal Express delivery at the Contractor's expense. C. Evaluation of Payment Requests. The Contract Administrator will evaluate the Contractor's applications for payment and will either issue to the City a Certificate for Payment (with a copy of the Contractor's application for payment) for such amount as the Contract Administrator determines is properly due, or notify the Contractor and City in writing of the Contract Administrator's reasons for withholding certification in whole or in part. The Contract Administrator may reject Work that does not conform to the Contract Documents and may withhold a Certificate of Payment in whole or in part, to the extent reasonably necessary to protect the City. When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. Even following a Certificate of Payment, the City shall have the right to refuse payment of any invoice or part thereof that is not properly supported, or where requests for payment for Work or costs are in excess of the actual Work performed or costs incurred, or where the Work product provided is unacceptable or not in conformity with the Contract Documents, as determined by the City in its sole discretion. The City shall pay each such invoice or portion thereof as approved, provided that neither the approval or payment of any such invoice, nor partial or entire use or occupancy of the Project by the City, shall be considered to be evidence of performance by the Contractor to the point indicated by such invoice, or of receipt or acceptance by the City of Work covered by such invoice, where such work is not in accordance with the Contract Documents. D. Final Payment and Retainage. The Contractor through each invoice (except the final invoice) may request payment for no more than ninety percent (90%) of that portion of the Work completed during the term covered by each invoice as agreed upon by the Contract Administrator or the City. All amounts retained by the City shall be held as a lump sum until Final Completion of all Work, regardless of earlier completion of individual component(s) of the Work. The final payment issued by the City shall include all amounts retained by the City under this paragraph, subject to any deviations in the Work or Change Orders executed pursuant this Agreement. "EXHIBIT Y' KEY PERSONNEL 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 N/A , Project Manager John J. Schlegel Vice President David Clark Operations and Fleet Manager Ken Holton Salesman "EXHIBIT K" City will be administering the Agreement. "EXHIBIT U RESERVED "EXHIBIT M" RESERVED "EXHIBIT N" RESERVED TO: FROM: '6r M I LT 0 r\1 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: June 15, 2017 Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Contract between the City of Milton and Georgia Conservancy for Professional Consulting and Planning Services Regarding Land Acquisition for the Milton Greenspace Advisory Committee. MEETING DATE: Monday, June 19, 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: ( YES () NO CITY ATTORNEY REVIEW REQUIRED: (.U'S'ES () NO APPROVAL BY CITY ATTORNEY: (J APPROVED (J NOT APPROVED PLACED ON AGENDA FOR:=t=/19/ zu; 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us 1 www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Kathleen Johnson, Conservation Project Manager Date: Submitted on June 15, 2017 for the June 19, 2017 Regular City Council Meeting Agenda Item: Approval of a Contract between the City of Milton and Georgia Conservancy for Professional Consulting and Planning Services Regarding Land Acquisition for the Milton Greenspace Advisory Committee ___________________________________________________________________________________ Project Description: Request for approval of a professional services contract between the City of Milton and the Georgia Conservancy, Inc. for Conservation Planning Services to Guide and Assist the City and MGAC Committee with Implementation of Milton’s Greenspace Land Acquisition Program. Consultant will provide services including education, visioning, goal setting, and implementation and acquisition strategies relating to Greenspace land acquisition using bond funds. To achieve these land acquisition goals, consultants will also provide property analysis, prioritization and ranking criteria for land parcels in addition to training city officials and MGAC members on proven and successful landowner education and outreach techniques. Procurement Summary: Purchasing method used: RFP Account Number: 300-1110-541100001 Requisition Total: $ 78,750.00 Vendor DBA: Georgia Conservancy Other quotes or bids submitted (vendor/$): Vendor/Firm Quote/Bid Georgia Conservancy, Inc $78,750.00 Financial Review: Bernadette Harvill - June 14, 2017 Legal Review: Sam VanVolkenburgh – June 7, 2017 Attachment(s): Professional Services Agreement. 1 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 The Georgia Conservancy, Inc., a Georgia Domestic Nonprofit 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” – City Solicitation Documents 2 Exhibit “B” – Consultant Response/Proposal Exhibit “C” – Scope of Work Exhibit “D” – Contractor Affidavit Exhibit “E” – Subcontractor Affidavit Exhibit “F” – Key Personnel B. Project Description. The “Project” at issue in this Agreement is generally described as: Conservation Planning Service to Guide and Assist City Committee with Implementation of Milton’s Greenspace Land Acquisition Program. 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 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, and the Agreement shall terminate, on or before September 30, 2018 (provided that certain obligations will survive termination/expiration of this Agreement). If the Term of this Agreement is longer than one year, 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, which is the end of City’s fiscal year, each year of the Term, and further, that this Agreement shall automatically renew on October 1, the first day of each subsequent City fiscal year, 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. 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. 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, 3 and Consultant shall proceed with the changed work. B. 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. C. 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 shall not, in any case, exceed $78,750.00 (the “Maximum Contract Price”), except as outlined in Section II(C) above, and Consultant represents that this amount is sufficient to perform all of the Work set forth in and contemplated by this Agreement. The compensation for Work performed shall be based upon flat fee. C. Reimbursement for Costs. The Maximum Contract Price set forth in Section III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the Project, and reimbursement for costs incurred shall be limited as follows: There shall be no reimbursement for costs. IV. COVENANTS OF CONSULTANT 4 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 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 by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. E. Consultant’s Representative. _____________________ [INSERT NAME] 5 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 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 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 6 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 single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or 7 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; automobiles owned, leased, hired, or borrowed by 8 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 9 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 prior to the Effective Date. 10 (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 subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. 11 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.] [DESIGNATE/MARK APPROPRIATE CATEGORY] ____ 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. 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 12 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 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, 13 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 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. N. Key Personnel. 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 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, 14 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. 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. _Kathleen Johnson 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 15 upon providing written notice thereof at least seven (7) calendar days in advance of the termination date. B. For Cause. Consultant shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City’s failure to pay Consultant within thirty (30) calendar days of Consultant providing City with notice of a delinquent payment and an opportunity to cure. In the event of Consultant’s breach or default under this Agreement, City may terminate this Agreement for cause. City shall give Consultant at least seven (7) calendar days’ written notice of its intent to terminate the Agreement for cause and the reasons therefor. If Consultant fails to cure the breach or default within that seven (7) day period, or otherwise remedy the breach or default to 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 16 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 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 17 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 2006 Heritage Walk Milton, GA 30004 NOTICE TO CONSULTANT shall be sent to: The Georgia Conservancy, Inc. 230 Peachtree St. Ste 1250 Atlanta, GA 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 18 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 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] 1 CONSULTANT: The Georgia Conservancy, Inc. Signature: ___________________________________ Print Name: _____________________________ Title: [CIRCLE ONE] President/Vice President (Corporation) [CORPORATE SEAL] Attest/Witness: Signature: _______________________________ Print Name: _____________________________ Title: __________________________________ (Assistant) Corporate Secretary CITY OF MILTON, GEORGIA ________________________________________ By: Joe Lockwood, Mayor [CIT Y SEAL] Attest: Signature: ________________________________ Print Name: ______________________________ Title: City Clerk Approved as to form: _______________________________ City Attorney EXHIBIT “A” Request for Bids CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: 17-CD03 RFP Title: Conservation Planning Services to Guide and Assist City Committee with Implementation of Milton’s Greenspace Land Acquisition Program Due Date and Time: Local Time: June 6, 2017 Number of Pages: 49 ISSUING DEPARTMENT INFORMATION Issue Date: May 22, 2017 City of Milton Community Development Department 2006 Heritage Walk Milton, Ga. 30004 Phone: 678-242-2500 Fax: 678-242-2499 Website: www.cityofmiltonga.us INSTRUCTIONS TO CONSULTANTS Return Proposal to: NOTE NEW LOCATION OF CITY HALL City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, Ga. 30004 Mark Face of Envelope/Package: RFP Number: 17-CD03 Name of Company or Firm Special Instructions: Deadline for Written Questions May 31, 2017 Email questions to Honor Motes at honor.motes@cityofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS CONSULTANTS MUST COMPLETE THE FOLLOWING Consultant Name/Address: Authorized Consultant Signatory: (Please print name and sign in ink) Consultant Phone Number: Consultant FAX Number: Consultant Federal I.D. Number: Consultant E-mail Address: CONSULTANTS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE 2 | RFP 17-CD03 TABLE OF CONTENTS Consultant’s RFP Checklist Disclosure Form Schedule of Events Section 1: Project Overview and Instructions Section 2: RFP Standard Information Section 3: Scope of Project Section 4: Consultant Proposals Section 5: Evaluation Criteria Section 6: Standard Contract Information Standard Contract 3 | RFP 17-CD03 CONSULTANT’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-Proposals 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 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, certification forms, etc. 8. _______Check the website for RFP addenda. Before submitting your response, check the DOAS website at http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp and the City website at http://www.cityofmiltonga.us to see whether any addenda were issued for the 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 Consultant response. 4 | RFP 17-CD03 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSALS 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 Consultant __________________________________________________ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) ________________________________________________________________ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description ________________ ___________________________________________ ________________ ___________________________________________ ________________ ___________________________________________ Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: ________________ ___________________________________________ _________________ ___________________________________________ 5 | RFP 17-CD03 RFP# 17-CD03 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) – Conservation Planning Services to Guide and Assist City Committee with Implementation of Milton’s Greenspace Land Acquisition Program. It is understood and agreed that we have read the City’s specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature______________________________Date_______________________ Print/Type Name_______________________________________________________________ Print/Type Company Name Here_______________________________________________ 6 | RFP 17-CD03 MUST BE RETURNED WITH PROPOSALS CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the unde rsigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization _________________________________ Name of Contractor Conservation Planning Services – Greenspace Land Acquisition Program Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _________________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ 7 | R F P 1 7 -C D 0 3 SCHEDULE OF EVENTS Task Date Issue RFP May 22, 2017 Deadline for Questions May 31, 2017 by 5:00 p.m. EST Answers Posted by the City (Addendum) On or about, June 1, 2017 Proposals Due By 2:00 p.m. EST on June 6, 2017 Interview Firms (if necessary) Week of June 7 - 9 (proposed) Award Contract June 12, 2017 (proposed) 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. 8 | RFP 17-CD03 SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 STATEMENT OF INTENT The City of Milton is requesting proposals from qualified consultants to provide conservation planning services and guidance for greenspace acquisition through implementation of the Greenspace Bond Program. The selected organization/firm will work with the Community Development Department, Conservation Project Manager and the Milton Greenspace Advisory Committee (the ‘Committee’) to provide services including education, visioning, goal setting, and implementation strategies relating to greenspace and/or conservation land acquisition to the Committee and Staff. 1.1 SPECIFIED QUALIFICATIONS The City intends to select a consultant team that demonstrates the specialized level of expertise to provide the required services. The selected firm will be expected to have the following background and be able to work with city staff in the manner described below:  Consultants need to have proven expertise and experience in land conservation issues including conservation land acquisition. Proven knowledge and experience with conservation easements, purchase of development rights and transfer of developments rights will also be required.  Previous work and/or collaboration with conservation organizations, land trusts, and similar other local Georgia projects may be helpful for Milton project needs.  In addition to working with the Committee in all aspects of the project, consultants will also work in conjunction with the Conservation Project Manager on all tasks, so as to use staff time and expertise to aid in the cost efficiency of the project. The Conservation Project Manager will also operate as the staff liaison for the consultants and may assist in the preparation of needed materials, presentations, discussions and exercises. 1.2 SINGLE POINT OF CONTACT From the date this Request for Proposals (RFP) is issued until a consultant is selected, consultants are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor 9 | RFP 17-CD03 Motes. Any unauthorized contact may disqualify the consultant from further consideration. Contact information for the single point of contact is as follows: NOTE THE NEW LOCATION OF CITY HALL Procurement Office: Honor Motes Address: 2006 Heritage Walk, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@cityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFP. Consultants 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. Consultants with questions or requiring clarification or interpretation of any section within this RFP must submit their questions in writing via email to the procurement office referenced above on or before 5 PM (EST) on May 31, 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 June 1, 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. Consultants must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, consultant agrees to acceptance of the City’s standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by 10 | RFP 17-CD03 the date for receipt of written/e -mailed questions or with the consul tant’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 consultant’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 consultant during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all consultants submitting a response to this RFP. E. Mandatory Requirements. To be eligible for consideration, a consultant must meet the intent of all mandatory requirements. The City will determine whether a consultant’s 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 project would start immediately after a contract is signed and approved. The length of the project is estimated to be approximately one year in duration. 1.4 SUBMITTING PROPOSALS Consultants must organize their Proposals into sections that follow the following format. For the purposes of the RFP, the term “company” shall refer to the prime respondent of this RFP, or in other words, the company with whom the City will contract. The term “consultant” shall refer to any and all consultants with whom the prime respondent will be including on the project team. The SOQ shall clearly delineate any experience, background, etc. between the prime “company” and “consultants”. A. Submittal Requirements. Proposals shall include the following: 1. City of Milton Request for Proposals 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) 11 | RFP 17-CD03 4. City of Milton Contractor Affidavit and Agreement (eVerify) 5. Single page cover letter with introductory remarks and Proposals 6. Proposals Shall be: a. No more than ten (10) single sided pages (five pages if double sided); cover, cover letter, table of contents, tabs, appendix, required forms do not count toward the page limit b. Minimum of 11 point font c. Stapled or spiral bound, no binders Proposals shall contain: a. Company Profile: Name, brief profile and year established. Include information for any consultants that will be used as well. List address where the work for these services will be performed. b. Project Team: Information about the makeup of the team and who would be assigned to the project. If more than one person is identified in the proposal to serve the required functions then a project lead should be indicated. c. Experience and References: Provide a summary of projects with services of a similar nature and include any innovative features of projects or delivery methods. Include project references with names, phone numbers and team members involved. 5. Appendix including applicable Addenda Acknowledgement Forms 6. Pricing (See Section 5) B. Failure to Comply with Instructions. Consultants failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any 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. NOTE THE NEW LOCATION OF CITY HALL One original and five (5) copies of each submittal (plus a CD) should be provided to the City. Proposals must be received at the Finance Department receptionist’s desk at 2006 Heritage Walk, Milton, GA 12 | RFP 17-CD03 30004 prior to 2:00 PM, local time, June 6, 2017. Emailed responses to Requests for Proposals are not acceptable. Proposals will be opened at approximately 2:05 pm and names of consultants will be announced. A. Digital copy requirements: a. Mark all CD’s of Flash Drives with offeror’s name and RFP number and title b. All digital files must be in either (unless otherwise specified within this document): i. Microsoft Office file format or ii. Portable Document Format (PDF) c. Use caution in creating the electronic files. If the City is unable to open files due to data-corruption, password or encryption error, etc, the offeror’s proposal may be considered incomplete. d. NOTE: All digital copies must include exactly the same information as provided in the hard copy “Original”. D. Late Proposals. Regardless of cause, late Proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the consultant’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 consultant at the expense of the consultant or destroyed if requested. 1.5 CONSULTANT'S CERTIFICATION A. Understanding of Specifications and Requirements. By submitting a response to this RFP, consultant agrees to an understanding of and compliance with the specifications and requirements described in this RFP. 1.6 COST OF PREPARING PROPOSALS A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the qualification as requested by the City are entirely the responsibility of the consultant. The City is not liable for any expense incurred by the consultant in the preparation and presentation of their Proposals. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal 13 | RFP 17-CD03 documentation, which would further define or expand any contractual relationship between the City and consultant resulting from this RFP process. 14 | RFP 17-CD03 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 CONSULTANT COMPETITION The City encourages free and open competition among consultants. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City’s need to procure technically sound, cost-effective services and supplies. 2.2 RECEIPT OF 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 consultant; and (4) other constitutional protections. B. Procurement Officer Review of Proposals. Upon opening the submittals received in response to this RFP, the procurement office will review the Proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the submittal. 2. An affidavit from a consultant’s legal counsel attesting to and explaining the validity of the trade secret claim is attached to each submittal containing trade secrets. Please contact Honor Motes for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Consultants must be prepared 15 | RFP 17-CD03 to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a “right to know” (open records) request from another party. 2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Responsive or Nonresponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the qualification is not within the specifications described and required in the RFP. If a qualification is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if a consultant has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining Proposals and recommend whether to award the contract to the highest scoring consultant or, if necessary, to seek discussion/negotiation in order to determine the highest scoring consultant. All responsive Proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Proposals. Selection and award will be based on the consultant’s Proposals and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by consultants outside the formal response or subsequent discussion/negotiation, if requested, will not be considered, will have no bearing on any award, and may result in the consultant being disqualified from further consideration. 16 | RFP 17-CD03 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 consultants should clarification or negotiation be necessary. Consultants may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, consultants should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the consultant’s expense. F. 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 consultant to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the “Request for Documents Notice” does not constitute a contract and no work may begin until a contract signed by all parties is in place. I. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible consultant whose submittal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring consultant fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin 17 | RFP 17-CD03 negotiations with the next highest scoring consultant. J. Contract Award. Contract award, if any, will be made to the highest scoring consultant who provides all required documents and successfully completes contract negotiation. 2.4 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: 1. Modify, cancel or terminate this RFP, 2. Reject any or all Proposals received in response to this RFP, 3. Select a consultant without holding interviews, 4. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any submittal, 5. To request further documentation or information, and to discuss a RFP submittal for any purpose in order to answer questions or to provide clarification, 6. Not award if it is in the best interest of the City not to proceed with contract execution; or 7. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 18 | RFP 17-CD03 SECTION 3: SCOPE OF PROJECT 3.0 Purpose The City of Milton is requesting proposals from qualified consultants to provide conservation planning services and guidance for greenspace acquisition through implementation of the Greenspace Bond Program. The selected organization/firm will work with the Community Development Department, Conservation Project Manager and the Milton Greenspace Advisory Committee (the ‘Committee’) to provide services requested herein. Consultants will need to provide education, visioning and goal setting services relating to greenspace land acquisition to the Committee and Staff. In addition, consultants will provide property analysis, prioritization and ranking criteria for land parcels, and assist in developing an acquisition and implementation strategy for greenspace land. The consultant may also be asked to assist with landowner education and outreach relating to land acquisition for conservation purposes via fee simple and conservation easements. The successful completion of these services will require work outside of normal business hours in support of committee and community meetings. 3.1 Introduction. The City has established certain requirements with respect to proposals to be submitted to Proposers. Whenever the terms “shall”, “must”, “will”, or “is required” are used in the RFP, the specifications being referred to are mandatory requirements of this RFP. Failure to meet any mandatory requirement will be cause for rejection of Proposer’s proposal. Whenever the terms “can”, “may”, or “should” are used in the RFP, the specifications being referred to are desirable and failure to provide any items so termed may not be cause for rejection, however, will probably cause a reduction in the score awarded. 3.2. Background. The City has a population of 36,291 and is located in Fulton County, Georgia. The geographic area of the City is 39.1 square miles. The City has recently issued general obligation bonds of up to $25 million after a successful November 8, 2016 bond referendum. The purpose of the “Conservation Land, Wildlife Habitat, Natural Area, and Trails Bond” (known as the “Greenspace Bond”) is 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. 19 | RFP 17-CD03 Pursuant to the Greenspace Bond, the City created a Greenspace Advisory Committee to participate in and make recommendations regarding the greenspace land selection and acquisition process in conjunction with City Council and staff in order to facilitate achievement of the objectives of the Greenspace Bond goals. 3.3 Scope of Work. The City of Milton seeks to engage the services of a qualified consulting firm that has the expertise and experience to help guide a citizen committee through the process of creating a vision and implementation plan for conservation or greenspace land acquisition using specified bond funds. The selected firm will work with the Milton Greenspace Advisory Committee and the City’s Conservation Project Manager to provide the following services. Phase I: Educate and Create Vision and Goals for Committee.  Review all existing relevant plans, ballot language, stated bond criteria, factors, tools, Resolutions, Ordinances and all other background materials relating to the Greenspace Bond.  Educate the Committee by facilitating key Committee discussions around greenspace needs, development pressures, existing greenspace plans and goals, types of greenspaces and functions provided, and review of case studies from other communities’ greenspace programs.  Consultants will guide the Committee in creating a vision plan for using bond funds by facilitating engagement exercises to prioritize greenspace goals, map potential scenarios, and assist in generalized prioritization of fund expenditures.  Organize a field trip and/or host guest speakers for Committee members to view and understand nearby treatments of greenspace and to better understand maintenance demands, access issues, security concerns, public use issues, and environmental functions of different types of greenspace.  Develop professional recommendations for greenspace goals and priorities for Committee consideration and revision which will be based on existing Bond criteria but further detailing and expanding on that criteria. 20 | RFP 17-CD03  Facilitate a final engagement exercise with the Committee to review, discuss, and prioritize greenspace acquisition potentials based on the outcome of Committee exercises and stated priorities.  Consultants will need to attend most, if not all, Committee meetings up to a point in time where the Committee can work independently based on the completed vision, goal and prioritization plans. Consultants may also need to attend one or more City Council meetings if needed to help explain the greenspace land acquisition vision, goals and prioritization plans adopted by the Committee.  Document the results of all facilitated discussions or exercises for institutional knowledge of the process and reference ability for the Committee members. Phase II: Land Analysis and Selection Criteria Creation  Consultant will conduct site visits in Milton including review and documentation of existing conditions and community greenspace needs.  Collect and review available GIS maps and create new project base maps, if needed, particular to prioritization needs.  Compile relevant greenspace recommendations for presentation to the Committee, including potential works in progress by consultant and updating relevant plans.  Support city staff and Committee in hosting public information meeting(s) or event(s) to inform the public and provide transparency of the greenspace goals and priority process. Collect comments and feedback, if any, from public meetings for informational purposes and consideration by the Committee.  Create a suggested property ranking criteria for application to available parcels using the priorities established by the Committee in Phase I. Facilitate a review and reaction to these draft criteria by the Committee and adjust, as directed.  Instruct and assist with the application of final property ranking criteria to potential properties.  Based on Committee decisions, articulate final greenspace goals and priorities for use as a final guidance document for implementation.  Create a three tiered acquisition priority list of land acquisition targets to allow for sufficient flexibility and variety for acquisition process.  Based on Committee decisions, generate an implementation strategy, including a proposed acquisition process, property acquisition services necessary, recommended professionals, timelines, projected 21 | RFP 17-CD03 expenditure budgets, acquisition reporting protocols, and overview of long term maintenance priorities and funding needed.  Consultant to hold a project closeout meeting where consultants and experts will provide a training session on land acquisition for the Committee and city representatives and professionals who will be involved in the land acquisition program. Create a script and talking points specific to conservation land acquisition so City representatives will have a common dialogue to use during entire process. Training should also include proven and successful landowner education and outreach techniques along with printed materials such as brochures and handouts.  Consultants will provide support and information to the City communications staff to aid in the public outreach and communication campaign led by the City.  Aid City staff and Committee in providing information and assistance regarding possible grant, foundation and other outside funding opportunities in order to leverage available Greenspace Bond funds to increase overall land acquisition funds for the City. SECTION 4: CONSULTANT PROPOSALS 4.0 CITY’S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the consultant to provide the supplies and/or perform the services specified. 4.1 CONSULTANT INFORMATIONAL REQUIREMENTS Firms interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. 22 | RFP 17-CD03 SECTION 5: EVALUATION CRITERIA 5.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the qualifications according to the following criteria:  A selection team for the City will initially evaluate and score all submittals received.  Qualifications not meeting the minimum requirements and those who are non-responsive will not be considered. 5.1 Submittal Evaluation Criteria A. Project Staffing 30 pts  Education and experience of the assigned staff  Key personnel’s level of involvement  Quality and relevant experience of consultant and sub-consultants  Proximity and availability of key personnel  Experience working with land acquisition programs  Ability of the firm to instill confidence regarding the firm’s understanding of the project requirements  Previous experience with land conservation and acquisition projects B. Qualifications of the Consultant Team 40 pts  Organization strength and stability  Experience and technical competence on similar projects  Previous experience in conservation and land acquisition and preservation issues  Previous experience working with local governments in Georgia C. Project Delivery 20 pts  Quality of final work product  Flexibility of the consultant to operate successfully within various work environments  Ability to start work immediately  Ability to meet schedules D. Cost of Services 10 pts 23 | RFP 17-CD03 SECTION 6: STANDARD CONTRACT INFORMATION 6.0 STANDARD CONTRACT The City’s standard contract is attached to this document as Appendix A. Consultant should notify the City of any terms within the standard contract that preclude them from responding to the RFP. This notification must be made by the deadline for receipt of written/e-mailed questions or with the consultant’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 consultant at the time of contract negotiation. 6.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the consultant’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 consultant. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. 6.2 SUBCONSULTANT The highest scoring consultant will be the prime consultant if a contract is awarded and shall be responsible, in total, for all work of any sub-consultants. All sub-consultants, if any, must be listed in the Proposals. The City reserves the right to approve all sub-consultants. The Consultant shall be responsible to the City for the acts and omissions of all sub-consultants or agents and of persons directly or indirectly employed by such sub-consultants, 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. 6.3 GENERAL INSURANCE REQUIREMENTS See sample contract. 6.4 COMPLIANCE WITH WORKERS’ COMPENSATION ACT The Consultant is required to supply the City of Milton with proof of compliance with the Workers’ Compensation Act while performing work for the City. Neither the Consultant nor its employees are employees of the City. The proof of Sample Contract Intentionally Omitted 1 | P a g e R F P 1 7 -C D 0 3 A d d e n d u m # 1 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 17-CD03 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: ___________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: __________________________________________________ CITY: _________________ STATE: ____________ ZIP: _____________ PHONE: ______________________ FAX: _________________________ EMAIL ADDRESS: ___________________________________________ ____________________________________ ______________________ Signature Date ADDENDUM #1 2 | P a g e R F P 1 7 -C D 0 3 A d d e n d u m # 1 ADDENDUM #1 RFP 17-CD03 QUESTIONS & CITY OF MILTON ANSWERS 1. Section 1.4, Item A.6.c requests experience and references (Page 11). Is it acceptable to provide both project experience of the organization as well as individual staff members’ experience from prior employment and/or projects? – Yes, it is acceptable to the City to provide both the project experience of the organization as well as individual staff members’ experience from prior employment and/or projects. 2. Section 1.4, Item A, the second Number 6 on Page 11 indicates pricing is a required submittal and directs proposers to see RFP Section 5. In reviewing Section 5, Evaluation Criteria, on Page 22, we saw only mention that cost of services is an evaluation criteria. Does the City have a particular form or format through which proposers should indicate and detail the project pricing/cost of services? ~ See Cost Proposal below. 3. Section 3.3, Scope of Work, Phase II description indicates on Page 21 that the contracted consultant will hold a project closeout meeting. Within the bullet describing that service, the City indicates that printed materials such as brochures and handouts would be part of the training. To be clear, and to price cost of services accurately, we wished to understand if the City meant that a nominal amount of such printed materials would be needed for attendees of the project closeout training only or if the consultant is to provide a larger number of printed brochures and handouts that the attendees would use in future landowner outreach and negotiations. – Consultant should base their contract pricing for printed materials and brochures on providing a nominal amount of printed materials for the attendees at the project closeout training. If additional printed materials are desired by the City beyond that nominal amount, we can discuss and address the cost of the additional materials at a later point in time. 3 | P a g e R F P 1 7 -C D 0 3 A d d e n d u m # 1 SECTION 5: COST PROPOSAL MUST BE RETURNED WITH PROPOSAL One (1) original and two (2) 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______________________________Date_______________________ Print/Type Name_______________________________________________________________ Print/Type Title_________________________________________________________________ EXHIBIT “B” Bid Documents from Consultant HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' Nr FSTABLISHED 2006 RFP Number: RFP Title: 17-CDO3 Conservation Planning Services to Guide and Assist City Committee with Implementation of Milton's Greenspace Lani-O Acquisition Program Due Date and Time: Local Time: June C 2017 City of Milton Attn: Honor Motes, Purchasing Offico 2006 Heritage Walk MiltonGa. 30004 Special Instructions: D6adline for Written Questions May 31..2017 Email questions to Honor Motes at honor. motes@c ityofmiltonga. us 4 1 RFP 17-CDO3 HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIAI ESTABLISHED 2006 0 11 3 � UP 4 191:71 q, ILTAIM IN 1.141 Oki 4 0 1 114 ilk I A #1111i k 9: 1 1 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. • • • • J,,j8,2!eNa"C-L4 1-3 1 Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. 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'THE BEST QUALITY OF LIFE IN GEORGIAP T ESTABLISHED 2006 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) - Conservation Planning Services to Guide and Assist City Committee with Implementation of Milton's Greenspace Land Acquisition Program. 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 Cod of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in gony respqct. ME .0" Print/Type Company Name Here 6�eJ2�rmla,, Date 05/ S - AVU ORGAIV AL ON F, S1 A B, L I S 1, 1 t V 2 Mrs ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 17=CDO3 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor. motes@citvofmiltonga. us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. C -2A4SV4_'A PHONE: 404 r74 - ;M00 FAX: L164 gage RFPI 7-CD03 Addendum #I V QUESTIONS & CITY OF MILTON ANSWERS 2. Section 1.4, Item A, the second Number 6 on Page I I indicates pricing is a required submittal and directs proposers to see RFP Section 5. In reviewing Section 5, Evaluation Criteria, on Page 22, we saw only mention that cost of services is an evaluation criteria. Does the City have a particular form or format through which proposers should indicate and detail the project pricing/cost of services? -- See Cost Proposal below. 2 1 Page RFP I 7--CD03 Addendum # I 11111:iwmii; a 122ii iii AIR, -11 14 11 111 luxi 11 iq� III, , m � A fl J) j, . A, 0 I �M11 I Lei k IfK*] Zill' I I I By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton 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: --210 Z."15 eVerify Number (D t 7 - Date of Authorization Name 6f Contractor % Conservation Planning Services - Greenspace Land Acquisition Program Name of Project City of Milton Name of Public Employer 230 Peachtree Street NW Suite 1250 Atlanta, GA 30303 tel 404.876.2900 fax 404.872.9229 mail@gaconservancy.org georgiaconservancy. org PRESIDENT Robert Ramsay* CHAIRMAN C. Edward Dobbs, Atlanta* BOARD OF TRUSTEES Brent Beatty, Atlanta Mark Berry, Douglasville Gregory W. Blount, Atlanta Roger Bowman, Savannah Charlie Covert, Milton* C. Edward Dobbs, Atlanta* Randy Earley, Marietta Greg Euston, Marietta* Patrice T. Francis, Atlanta Stephen Green, Savannah Chris Hagler, Atlanta* Peter Hartman, Atlanta Holden Hayes, Savannah Chet Hurwitz, Atlanta* Joann G. Jones, Atlanta* Kirk R. Malmberg, Marietta* Leslie Mattingly, St. Simons Island* George Mori, Atlanta* Randal Morris, White Oak PJ Newcomb, Decatur Amanda Brown Olmstead, Atlanta Ranse Partin, Atlanta* Russ Pennington, Brookhaven Philip Roberts, Atlanta Alex Robinson, Atlanta Charles Stripling, Camilla Chet Tisdale, Atlanta Malon Wickham, Columbus ADVISORY BOARD Claire L. Arnold, Atlanta Stephen T. Butler, Columbus Joel Cowan, Peachtree City Bradley Currey Jr., Atlanta Ann Q. Curry, Atlanta Andrew H. Ernst, Savannah Douglas R. Hooker, Atlanta E. Cody Laird Jr., Atlanta Elliott Levitas, Atlanta Clay C. Long, Atlanta Joe Montgomery, Rome Laura Turner Seydel, Atlanta John A. Sibley III, Atlanta *Executive Committee Member June 6, 2017 Ms. Honor Motes Purchasing Office City of Milton 2006 Heritage Walk Milton, GA 30004 RE: RFP Number: 17-CD03 Conservation Planning Services to Guide and Assist City Committee with Implementation of Milton's Greenspace Land Acquisition Program Ms. Motes, Georgia Conservancy, Inc. is pleased to submit our organization and staff information in response to the City of Milton's Request for Proposal (RFP). The Georgia Conservancy is a 50 year old conservation nonprofit, operating statewide to ensure a future for Georgia where people and the environment thrive. As one of the partners advocating for the November 2016 bond referendum, we are thrilled at the bond passage and pleased with the leadership of Milton for choosing to invest in greenspace resources. It would be an honor to further assist the City and its citizens through a supporting role in the greenspace program implementation. The Georgia Conservancy's history and critical conservation successes position us well to offer the City unique expertise in land conservation planning and acquisition. Early in our history, we played a pivotal role in the permanent protection of Cumberland Island, Panola Mountain and Sweetwater Creek and this work continues today. Over the last six years, we have helped to protect nearly 61,000 acres of land across our state. Such conservation has come through a variety of tools such as conservation easements, fee simple acquisition, and collaboration among financial supporters to leverage numerous funding sources for purchase and protection. The Georgia Conservancy is a well-managed and well -funded organization capable of addressing the demands of this project. We are led by a 28 -member Board of Trustees composed of business and community leaders well equipped to oversee the financial functions of the agency. The Conservancy has an annual budget of $1.7 million and a contingency fund of nearly $1 million. To ensure fiscal responsibility our finances are annually audited by an independent third party. The Georgia Conservancy also possesses the experienced staff required to assist the City in this endeavor. Our Land Conservation team, led by Charles McMillan, has focused on multi jurisdictional and local conservation efforts to protect threatened habitat, advance local government greenspace goals, and ensure the functioning of ecological systems throughout the state. Our Sustainable Growth team, led by Katherine Moore, has worked with numerous local governments in Georgia to execute conservation- or sustainability -focused local plans. Assisting Mr. McMillan and Ms. Moore are an outstanding group of professionals well -versed in committee engagement, GIS, and greenspace planning who are immediately available to attend meetings, produce materials and provide timely reports. Thank you to the City of Milton for considering our RFP submission. If you have questions about our proposal, p ase contact Katherine Moore at 404-8765-2900 x106 or kmoore@gaconservancy.org. Since , Robert Ramsay President City of Milton greenspace land acquisition program georgia conservancy proposal for conservation planning services June 6, 2017 Contact: Katherine Moore, AICP | Georgia Conservancy, Inc. 230 Peachtree Street Suite 1250, Atlanta, GA 30303 (404) 876 - 2900 | kmoore@gaconservancy.org Georgia Conservancy City of Milton Greenspace Land Acquisiton Proposal Company Profile Georgia Conservancy, Inc. is a 50 year old conservation nonprofit, operating statewide in Georgia. Our project and program work is managed daily by a President, Vice President, and Program Managers. Work is performed by a staff that includes development professionals, urban designers, policy experts, GIS specialists, and land conservation specialists. We are further supported via oversight from a 28-member Board of Trustees which includes leadership from Georgia Power, Gulfstream Aerospace, IBM, Coca-Cola North America, UPS, Wells Fargo, King & Spalding, and Troutman Sanders, among others. Georgia Conservancy has been offering community planning services across the state for 22 years and has been involved in land conservation since our inception as a 501(c)3 in 1967. Georgia Conservancy has offices in Atlanta and in Savannah. The work performed for this project will based from our Atlanta office located at 230 Peachtree Street, Suite 1250, Atlanta, GA 30303. No additional team members are contemplated for this project. Georgia Conservancy staff have the ability to begin work on this project as soon as a contract is signed and can continue to contribute the necessary staff to ensure completion of the project for the envisioned one year timeframe. Georgia Conservancy was instrumental in the protection of signature Georgia assets such as Panola and Arabia Mountains, Cumberland Island, and Okefenokee Swamp. Our organization history also includes establishing and improving key environmental protections such as the Coastal Marshlands and Shore Protection Acts, reauthorization of the Land Conservation Tax Credit, and regulations concerning the siting and construction of petroleum pipelines in the State of Georgia. Our land conservation services include landscape scale planning, advocacy on behalf of environmental issues, direct landowner outreach to support land protection through fee simple acquisition or conservation easements, coordination with other conservation organizations to ensure property protection, and providing technical guidance to landowners or local governments in undertaking land protection methods. Our Sustainable Growth program is a 22 year old initiative within Georgia Conservancy, complementing our Land Conservation program, and has worked with over 40 communities across the state on a variety of growth challenges. In addition to providing urban design and planning assistance to communities, Sustainable Growth personnel also provide public engagement, meeting facilitation, educational workshops, and prioritization exercise services as independent services or as part of a larger community planning project. Our planning work has involved small geographic areas such as nodes within neighborhoods and larger areas such as transportation and stream corridors, as well as entire counties. Specific to the City of Milton, Georgia Conservancy and partners assisted in the successful passage of the 2016 greenspace bond referendum by providing guidance around key strategies, funding targeted mail outreach, and generating polling data for likely voters. 2 June 2017 Project Team Georgia Conservancy desires to work with the Community Development Department and Conservation Project Manager to lead the Greenspace Advisory Committee (Committee) in a thoughtful, deliberate greenspace prioritization process that includes Committee education and goal-setting components, yielding a defensible, achievable greenspace implementation strategy. We understand that direction for the greenspace acquisition exists within the language of the Greenspace Bond; via public feedback from previous community engagement efforts; and in criteria adopted by the City of Milton Planning Commission. Georgia Conservancy’s team will work with these resources, the Community Development Department, City of Milton Conservation Project Manager, and the Committee to refine a prioritization of greenspace land and then generate a land acquisition strategy for City acquisition professionals to implement. Georgia Conservancy support of this project also includes attendance at Committee meetings and City Council meetings as directed by the Conservation Project Manager; assistance in any public information meetings that may be held; and in organizing and providing a project close-out meeting to train City acquisition personnel in the special nature of greenspace acquisition, per the strategy developed. All of the identified scope activities are well within Georgia Conservancy’s expertise and we believe we are uniquely positioned to provide these services to the City of Milton. To provide all of the expertise and professional labor outlined in this scope, Georgia Conservancy anticipates contributing a project manager (project lead and main point of contact), GIS specialist/landscape designer, urban designer/planner, community outreach coordinator, and land conservation specialist. Supporting project responsibilities include technical oversight by our President, who is experienced in land conservation and land acquisition, and invoice and contract management support from a financial manager and development specialist. We do not anticipate the need for subconsultants. Conservation Planning Services City of Milton Greenspace Land Acquisition Program Greenspace advisory committee community development dept. and conservation project manager project lead KATHERINE MOORE, AICP GREENSPACE PLANNING JOHANNA MCCREHAN, AICP, LEED GREEN ASSOC. GIS / PROPERTY ANALYSIS JONATHAN FRANKLIN COMMITTEE OUTREACH AND POLICY ADVISOR LEAH DIXON GREENSPACE AQUISITION STRATEGY CHARLES MCMILLAN, P.E. conservation technical advisor ROBERT RAMSAY conservation planning services city of milton and georgia conservancy Georgia Conservancy City of Milton Greenspace Land Acquisiton Proposal Team Members and Roles Robert Ramsay – Project Role: Conservation Technical Advisor Robert is Georgia Conservancy’s President, overseeing all aspects of the statewide organization. His area of focus within the organization is land conservation, with an emphasis on watershed, habitat, and recreation lands conservation. Robert brings to the Georgia Conservancy experience from years at The Nature Conservancy and the Fly Fishing Trade Association, both roles involving direct contact with property owners to acquire critical lands for conservation and recreation purposes. Robert leads Georgia Conservancy’s coordination with land trusts, private conservation buyers, and state organizations in the pursuit of habitat, tree canopy, and recreation lands acquisition. During his tenure, the Georgia Conservancy has contributed to the permanent conservation of more than 67,000 acres of land in Georgia and to the establishment of the first-ever tree canopy coalition in the City of Atlanta. Robert holds a degree in anthropology from the University of Georgia. Katherine Moore, AICP – Project Role: Project Lead Katherine has served as program director, project manager and planner in the sustainability, community development, and environmental fields for 21 years. For 12 years Katherine worked in the private sector as a consulting planner on greenspace planning, community planning, and infrastructure design and construction projects. This work history involves a wide range of project scales and focus, from the first two EPA-mandated greenspace projects in lieu of fines for violations of the Clean Water Act to neighborhood-scale park development. The last 9 years Katherine has served as the Director of the Georgia Conservancy’s statewide Sustainable Growth program, bringing educational training, technical development expertise and community engagement services to a variety of client communities in order to influence a balance between development pressures and greenspace. She holds a degree in Environmental Planning and Design from Rutgers, The State University of New Jersey. Johanna McCrehan, AICP, LEED Green Associate – Project Role: Greenspace Planning Johanna serves as a planner and urban designer for the Georgia Conservancy, focusing on the physical components of community sustainability through design and planning. Johanna’s work history includes time in the private and government sectors in addition to her five years at the Georgia Conservancy. Her project experience includes greenspace planning, comprehensive planning, zoning, overlay district creation, public involvement and urban design. Johanna’s role at the Georgia Conservancy involves mapping/GIS, community planning, site plan development and community engagement through workshops, communications, and discussion facilitation. Johanna serves on the City of Atlanta BeltLine Design Review Committee, ensuring greenspace priorities of accessibility, scenic views, and aesthetics are met as development occurs on adjacent properties. She is an architecture graduate from Clemson University and holds a graduate degree in City and Regional Planning from Georgia Tech. continued on following page 4 June 2017 Team Members and Roles Jonathan Franklin – Project Role: GIS Specialist and Property Analysis Jonathan’s work experience includes time in the private sector providing landscape architecture services, freelance landscape design work including projects for the Athens Land Trust, and two years at the Georgia Conservancy where he focuses on GIS, community design and planning, and property analysis in support of our Land Conservation program. Jonathan’s project experience includes design of public recreation and greenspace, low impact design (LID), and leading community design charrettes. Jonathan’s property analyses projects at Georgia Conservancy have been utilized to further land conservation efforts on Cumberland Island, Paulding County, and Camden County, among others. He holds a degree in landscape architecture from the University of Georgia and is in the final year of pursuing a graduate degree in architecture and urban design from Georgia Tech. Leah Dixon – Project Role: Committee Outreach and Policy Advisor Leah’s work experience includes time as a licensed Realtor, community outreach coordinator, advocacy director, and policy advisor. Leah supports Georgia Conservancy’s Sustainable Growth program by serving as a community outreach coordinator: organizing stakeholder engagement and community outreach strategies for various planning projects. She also supports our Land Conservation program by serving as a liaison to the Georgia General Assembly, the Board of the Georgia Department of Natural Resources (DNR), Georgia Municipal Association, Association County Commissions Georgia, and the Atlanta Tree Canopy Coalition, helping to ensure coordination of actions, policies, and investments are occurring to meet land conservation needs in the state. Leah has significant experience in coordinating with committees and stakeholders in support of community and conservation planning projects. Most significantly, Leah has regularly planned educational trips to the coast and the agriculture region of southwest Georgia for state legislators to better understand water issues and meet with stakeholders. Leah holds a degree in sociology from Furman University. Charles McMillan, III, PE, LEED AP – Project Role: Greenspace Acquisition Strategy Charles served as principal and project manager for numerous civil and environmental engineering projects across the state of Georgia during his 26 years as founder and partner of AEC Engineering, Inc. in Roswell. His work experience includes stormwater management, site design, and right-of-way acquisition recommendations associated with water, sewer, and roadway projects. Charles currently oversees Georgia Conservancy’s Savannah office, where he specializes in conservation land acquisition and coastal land protection. Charles meets regularly with property owners of critical parcels to discuss land protection measures like conservation easements and transfer of development rights; coordinates with land trusts to match willing property sellers to conservation buyers; coordinates with the Georgia Forestry Commission, the Georgia Department of Natural Resources, and the Soil and Water Conservation Service to ensure federally-funded state conservation programs are successfully implemented each year by identifying appropriate land acquisition opportunities for each program. Charles regularly meets in the field with property owners to walk their parcels and discuss conservation options and works with local governments to identify ways to increase land conservation at the local level. Charles is an engineering graduate of Vanderbilt University, attended Georgia State University for graduate studies, and is a graduate of the University of Florida’s Ecological Restoration program. Georgia Conservancy City of Milton Greenspace Land Acquisiton Proposal experience and references City of Atlanta Greenway Acquisition Project Reference: Susan Rutherford, AICP, Greenway Manager, City of Atlanta Department of Watershed Management, 404-546-1251 Team Members Involved: Katherine Moore The City of Atlanta was required to undertake a $25M greenway acquisition project, in lieu of fines related to violations of the Clean Water Act, as agreed to in its 1998 combined sewer overflow consent decree. The scope of the project included an approximately 2-year planning process to identify and prioritize property across two major watersheds and approximately 14 counties appropriate for purchase with these funds. The planning process included numerous public engagement sessions across the many counties, including charrettes, and coordination with a greenway advisory committee. The planning process relied heavily on field assessments of property and GIS ranking by a set of criteria created in collaboration with the greenway advisory committee. The process resulted in a Greenway Acquisition Plan that was reviewed and approved by the Department of Justice and adopted by the City of Atlanta. Following completion of the Greenway Acquisition Plan, the project scope turned to acquisition. Greenway properties were acquired through voluntary sale of either conservation easement or fee simple. The acquisition team included land trusts, City acquisition staff, and contracted acquisition agents. A total of 155 greenway properties were purchased, encompassing over 1,800 acres. Katherine Moore served as the project manager for both the greenway planning process as well as three years of implementation while employed at an Atlanta consulting firm. Jefferson County, Alabama Greenway Acquisition Project Reference: Francis Kung’u, Ph.D., P.E., former Greenway Acquisition Project Director, 770-988-0400 Team Members Involved: Katherine Moore Jefferson County was required to undertake a $30M greenway acquisition project, in lieu of fines related to violations of the Clean Water Act, as agreed to in its 1996 sanitary sewer overflow consent decree. The scope of the project included an approximately 2-year planning process to identify and prioritize property across the county, including two major watersheds. The planning process included numerous public engagement sessions, including charrettes, and coordination with a greenway advisory committee. The planning process relied heavily on field assessments of property and GIS ranking by a set of criteria created in collaboration with the greenway advisory committee. The process resulted in a Greenway Acquisition Plan that was reviewed and approved by the Department of Justice and adopted by Jefferson County. Following completion of the Greenway Acquisition Plan, the project scope turned to acquisition. Greenway properties were acquired through voluntary sale of either conservation easement or fee simple. The acquisition team included a new land trust, established to support the plan implementation; county acquisition staff; and contracted acquisition agents. Katherine Moore served as the sole planner in the greenway planning process and as planner for one year of implementation while employed at a Birmingham, AL consulting firm. Paulding County Land Use Study and Comprehensive Plan Support Reference: Ann Lippman, AICP, Community Development Director, 770-443-7601 Team Members Involved: Katherine Moore, Johanna McCrehan, Jonathan Franklin Georgia Conservancy conducted a county-wide land use study as part of Paulding County’s comprehensive plan update process. This scope included public engagement, stakeholder interviews, coordination with a multi- 6 June 2017 jurisdictional work team of local government representatives, GIS and property analysis, site visits, and development of recommendations for future land use and infrastructure investments. Georgia Conservancy also made presentations to the Paulding County Board of Commissioners. Two key features of this land use study are unique to Paulding County and significant factors as to why Georgia Conservancy was tasked with the project: the existence of 18 miles of the Silver Comet Trail and the location of over 27,000 acres of protected land (two Department of Natural Resources Wildlife Management Areas) within the county. Paulding County’s segment of the Silver Comet Trail experiences over 600,000 users annually, yet few venture outside of the County’s 4 trailheads to turn trail users into tourist dollars for the county and its two cities. Further, the rarity of a metro Atlanta county holding almost 30,000 acres of protected habitat and recreation land demands that careful monitoring of potential land use conflicts at its borders and enhanced access for recreation within the managed land become county planning priorities. Georgia Conservancy’s work products included implementation and coordination recommendations to address connections between the Silver Comet trailheads and nearby city downtowns as well as recreation access and needs within the Wildlife Management Areas. Gopher Tortoise Initiative Reference: Steve Friedman, Chief of Real Estate, Georgia Department of Natural Resources, 404-656-9173 Team Members Involved: Robert Ramsay, Leah Dixon, Charles McMillan, Jonathan Franklin Georgia’s Gopher Tortoise Initiative is a unique and ambitious multi- partner, multi-county effort to avoid listing of Georgia’s state reptile as an endangered species. Georgia Conservancy is working with the Georgia Chamber of Commerce, the Department of Natural Resources, The Nature Conservancy, Association County Commissioners Georgia, and others to protect 100,000 acres of gopher tortoise habitat by 2020. Counties, Georgia’s statewide economy and landowners in the areas where gopher tortoise live would also benefit from this proactive approach by enjoying conserved lands and the role of protecting critical habitat while also avoiding federal oversight that could severely hinder economic activity and local development decision-making, should the species be listed as endangered. Stakeholders supporting our work include timber growers, recreational enthusiasts, farmers, industries, utility companies and military bases. Georgia Conservancy’s role involves direct landowner outreach to protect lands and habitats, coordination among a larger group of land trusts to manage protected lands, government coordination around local measures to protect land, and GIS/mapping of properties and habitat. Coastal Georgia Greenway, Trail Design and Advocacy Reference: Jo Clair Hickson, Coastal Georgia Greenway, Inc., 912-247-8746 Team Members Involved: Charles McMillan, Leah Dixon, Johanna McCrehan, Jonathan Franklin, Katherine Moore This project conducted a limited study and performed preliminary design for a segment of the Coastal Georgia Greenway trail such that political, fundraising, and public support momentum can be built with the resulting County Environmental Analysis Priority Habitats Georgia Conservancy’sprecious places cumberland plateau dawson forest / upper etowah paulding forest / dugdown mtn / tallapoosa savannah river corridor altamaha river corridor ocmulgee river corridor southwest georgia / longleaf pine gopher tortoise habitat 30 miles 60 miles Georgia Conservancy City of Milton Greenspace Land Acquisiton Proposal products and also so that challenges and positives could be identified that are likely to be common along the entire corridor. This greenway vision has been “on the books” for approximately 20 years, with some segments being locally constructed but a significant local push for design and construction funding of the entire greenway lacking. As this six-county, 155-mile multi-use trail has the opportunity for economic development in low income counties; ecological and historical education opportunities for the most environmentally dynamic area of Georgia; and local recreation and alternative transportation for residents of the counties and cities along the route, it was imperative for Georgia Conservancy to invest in this critical project. While local implementation and construction responsibilities will rest with the respective local governmental jurisdictions, furthering understanding of the trail’s economic and recreation importance, necessary key design features to optimize enjoyment, and how to address challenges of marshes, bridges, and sensitive habitat were appropriate areas for Georgia Conservancy to be involved. Georgia Conservancy worked with the local greenway nonprofit, a landscape architecture firm, and City of Darien leadership to identify a model trail segment and perform preliminary design. Next project steps include organizing and hosting a series of local roundtable discussions with invited civic leaders and public engagement to build implementation support. City of Avondale Estates, Board of Mayor and Commissioners, Facilitation of Annual Work Plan Retreats, 2015 and 2016 Reference: Commissioner Adela Yelton, 404-491-9891 Team Members Involved: Katherine Moore, Johanna McCrehan Georgia Conservancy’s Sustainable Growth team was asked to provide facilitation services during two years of annual retreats to a group including the Mayor, City Commissioners, City Manager, and City support staff. The purpose of the retreat and facilitation services was to prioritize projects for Avondale leadership; identify specific tasks necessary to complete those projects; and establish timelines for project completion. Facilitation services included retreat preparation steps of individual interviews, review of existing plans, plan retreat interactions and discussion strategy, and site visits. Then, facilitation services during the retreats were provided to direct discussions, ensure all voices were heard, and elicit decisions and specific direction from the elected leadership that would create work plan priorities for City staff. Post-retreat services included documenting decisions made in a flow chart, prioritization table, and a report. Upper Westside CID, Previous Plans Review and Synthesis, Reference: Elizabeth Hollister, Executive Director, 404-444-8424 Team members Involved: Katherine Moore, Johanna McCrehan, Jonathan Franklin Georgia Conservancy provided both facilitation and plan review services for this CID. Planning staff at Georgia Conservancy facilitated a visioning and prioritization exercise for the CID’s Board of Directors over two sessions. The purpose of this exercise was to assist this young organization in prioritizing immediate needs and early successes while appropriately budgeting for medium- and longer-term needs in subsequent years. This facilitation led to Georgia Conservancy being asked to review and synthesize previous planning efforts relevant to the CID area. After reviewing 12 different planning documents, studies, and master plans that pertained to the CID area, Georgia Conservancy created a technical memorandum, maps, and a table that summarized the various plan recommendations, calling specific attention to CID Greening Recommendations 8 June 2017 common recommendations, areas of conflict, and issues not studied or under-studied in previous plans. With this work product, the CID Board and Executive Director can pursue appropriate investment of time and financial resources in commonly supported recommendations while also crafting a scope for a future area master plan. The project deliverables have been submitted and a presentation of findings to the Board of Directors is being scheduled for Summer 2017. Camden County Comprehensive Planning Services Reference: Lupita McClenning, Director of Planning, Coastal Regional Commission, 912-437-0870 Team Members Involved: Charles McMillan, Johanna McCrehan, Katherine Moore, Jonathan Franklin Georgia Conservancy is conducting an examination of the current conditions of Camden County’s natural resources, including consideration of potential future impacts to those resources, as part of its Comprehensive Plan Update next year. The examination involves collection of existing data; GIS/mapping; limited field work; and review and consideration of existing plans and policies around the natural features of: water resources (watersheds, floodplains, wetlands, etc.), plant and animal habitats, and environmentally-sensitive areas. The examination will culminate in findings that will be reported to the county. The report will document the team’s methodology and data utilized, list existing data and plans referenced and reviewed, and document determined findings of current conditions and potential likely future impacts to those current conditions (including such issues as the likely location and type of future development and infrastructure investment). Most significantly for purposes of the overall Comprehensive Plan Update, the findings will document existing policies or procedures that may require addressing to improve protection and function of those natural resources, especially in light of the potential future impacts. Wetland Reserve Easement Program and Agricultural Conservation Easement Program Reference: Sharon Holbrooks, Conservation Easement Specialist, US Department of Agriculture, 706-546-2203 Team Members Involved: Robert Ramsay, Charles McMillan, Jonathan Franklin Since 2011, Georgia Conservancy’s Land Conservation program has been working with qualifying property owners to participate in the US Department of Agriculture’s wetland reserve and agricultural easement programs. Only very select properties, fitting very specific qualifications, can participation in these nationally-funded, but locally- implemented program. As an example of the labor-intensity of this type of landowner outreach and property vetting, consider our work in 2015 wherein we interacted with more than 450 landowners, including numerous site visits and direct conversations, to result in 8 completed land protection transactions, yielding 3,800 acres of land protected through the wetland reserve easement program. Such efforts include numerous touches with a property owner to gain trust, explain the program, GIS analysis and site visits to verify that his or her property qualifies, then introducing the property owner to the state program representative and assisting in walking the property owner through the application process. Our land conservation staff has expertise with the state and federal tax deductions and credits offered in exchange for conservation easements, as well as other incentive programs for which certain pieces of land may qualify. That expertise enables us to help landowners make informed decisions. To date, Georgia Conservancy has been directly involved in the protection of over 25,000 acres of land through these two programs. June 14, 2017 Ms. Honor Motes Purchasing Office City of Milton 2006 Heritage Walk Milton, GA 30004 RE: RFP Number: 17-CD03 Conservation Planning Services to Guide and Assist City Committee with Implementation of Milton’s Greenspace Land Acquisition Program Best and Final Offer Ms. Motes, Georgia Conservancy, Inc. is pleased to continue our communications with the City of Milton regarding Request for Proposal (RFP) Number 17-CD03. It is our hope that we can resolve final questions and begin work with the City on its Greenspace Land Acquisition Program. It is our understanding that the City requested a “Best and Final Offer” from Georgia Conservancy regarding service costs and scope in order to make a final selection for the requested services. Please let this communication serve as our Best and Final Offer. In order to reduce service costs, Georgia Conservancy can provide the services outlined in the City RFP, with the exception of:  Phase I, Bullet Number 8 which reads: “Document the results of all facilitated discussions or exercises for institutional knowledge of the process and reference ability for the Committee members.”  Phase II, Bullet Number 4 which reads: “Support city staff and Committee in hosting public information meeting(s) or event(s) to inform the public and provide transparency of the greenspace goals and priority process. Collect comments and feedback, if any, from the public meetings for informational purposes and consideration by the Committee.” To further reduce our service costs, Georgia Conservancy would be available for attendance at no more than two Greenspace Advisory Committee meetings a month, although we will support City staff in preparing agendas, meeting materials, and strategy for any additional Committee meetings that may occur beyond two per month. With these scope adjustments, we estimate a savings in labor and travel that results in a new proposed fee of $78,750. 230 Peachtree Street NW Suite 1250 Atlanta, GA 30303 tel 404.876.2900 fax 404.872.9229 mail@gaconservancy.org georgiaconservancy.org PRESIDENT Robert Ramsay* CHAIRMAN C. Edward Dobbs, Atlanta* BOARD OF TRUSTEES Brent Beatty, Atlanta Mark Berry, Douglasville Gregory W. Blount, Atlanta Roger Bowman, Savannah Charlie Covert, Milton* Charles L. Davidson III, Atlanta C. Edward Dobbs, Atlanta* Randy Earley, Marietta Greg Euston, Marietta* Patrice T. Francis, Atlanta Stephen Green, Savannah Chris Hagler, Atlanta* Peter Hartman, Atlanta Holden Hayes, Savannah Chet Hurwitz, Atlanta* Joann G. Jones, Atlanta* Kirk R. Malmberg, Marietta * Leslie Mattingly, St. Simons Island* George Mori, Atlanta* Randal Morris, White Oak PJ Newcomb, Decatur Amanda Brown Olmstead, Atlanta Ranse Partin, Atlanta * Russ Pennington, Brookhaven Steven E. Pohl, Atlanta Philip Roberts, Atlanta Alex Robinson, Atlanta Charles Stripling, Camilla W. Michael Stubbs, Macon Chet Tisdale, Atlanta Malon Wickham, Columbus ADVISORY BOARD Claire L. Arnold, Atlanta Stephen T. Butler, Columbus Joel Cowan, Peachtree City Bradley Currey Jr., Atlanta Ann Q. Curry, Atlanta Andrew H. Ernst, Savannah Douglas R. Hooker, Atlanta E. Cody Laird Jr., Atlanta Elliott Levitas, Atlanta Clay C. Long, Atlanta Joe Montgomery, Rome Laura Turner Seydel, Atlanta John A. Sibley III, Atlanta *Executive Committee Member Please be clear that Georgia Conservancy is greatly enthused by this program and has tremendous respect for City residents and officials in demonstrating leadership on the critical topic of greenspace protection. We have made every endeavor to minimize our scope and to review the scope items for efficiencies so as to realize a cost savings for the City. We appreciate the opportunity to further engage with you in the project discussions and hope that this information is helpful in addressing your final questions. Do not hesitate to contact me, if I can be of any assistance. Sincerely, Robert Ramsay President EXHIBIT “C” Please see Exhibit A Subject to the Following Changes: • Removal of Phase I, Bullet Number 8 which reads: “Document the results of all facilitated discussions or exercises for institutional knowledge of the process and reference ability for the Committee members” • Removal of Phase II, Bullet Number 4 which reads: “Support city staff and Committee in hosting public information meeting(s) or event(s) to inform the public and provide transparency of the greenspace goals and priority process. Collect comments and feedback, if any, from the public meetings for informational purposes and consideration by the Committee.” • Limit the number of meetings requiring attendance by the Consultant to no more than two per month. The Consultant will still be available in a support function to aid city staff in preparing agendas, meeting materials, and strategy for any meetings that may occur beyond two per month. 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: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization The Georgia Conservancy, Inc. Name of Contractor Conservation Planning Services to Guide and Assist City Committee with Implementation of Milton’s Greenspace Land Acquisition Program 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 _______________________ (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: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Contractor Conservation Planning Services to Guide and Assist City Committee with Implementation of Milton’s Greenspace Land Acquisition Program 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 “F” The following individuals are designated as Key Personnel under this Agreement and, as such, are necessary for the successful prosecution of the Work: Please see Exhibit B. TO: FROM: AGENDA ITEM: MEETING DATE: MILTO.N�'Ip ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: June 12, 2017 Steven Krokoff, City Manager Proclamation Recognizing Cambridge High School and Milton High School Girls' Lacrosse Team Day. Monday, June 19, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,�'A PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES ( k10 CITY ATTORNEY REVIEW REQUIRED: () YES wi�o APPROVAL BY CITY ATTORNEY. () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: cr 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 0000 info@cityofmiltonga.us I www.cityofmiltonga.us a Cambridge High School and Milton High School Girls’ Lacrosse Team Day WHEREAS, lacrosse is a sport that requires skillful hand-eye coordination, mental awareness and physical endurance, and; WHEREAS, in 2002 the Georgia High School Association officially sanctioned lacrosse as a high school sport and in 2005 recognized lacrosse as a full-fledged high school sport, and; WHEREAS, the Cambridge High School and Milton High School girls’ lacrosse teams have a tradition of excellence and accomplishment in academic and athletic competition reflecting the highest ideals of hard work, training and sportsmanship, and; WHEREAS, both of these teams made it to the Georgia High School Association state championship in 2017, and; WHEREAS, these players are champions not only on the field, but also in the classroom, in the community and in life; we are proud that these great teams are located in Milton, Georgia. Now, therefore, we, the Mayor and City Council of the City of Milton, hereby dictate and proclaim Monday, June 19th as “Cambridge High School and Milton High School Girls’ Lacrosse Team Day” in the City of Milton, Georgia. Given under our hand and seal of the City of Milton, Georgia on this 19th day of June, 2017. _________________________________ Joe Lockwood, Mayor `10 MILTON -It ESTABL15HED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 12, 2017 FROM: Steven Krokoff, City Manag @ AGENDA ITEM: Consideration of an Ordinance of the City Council Authorize Fulton County to Conduct Election MEETING DATE: Monday, June 19, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (JJAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.&ES () NO CITY ATTORNEY REVIEW REQUIRED: (,,KYES () NO APPROVAL BY CITY ATTORNEY: (/APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 061 I'l I Zo'-I 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltongo.us 0000 To: Honorable Mayor and City Council Members From: Sudie AM Gordon, City Clerk Date: Submitted on June 6, 2017 for the June 19, 2017 Regular City Council Meeting (First Presentation) and July 10, 2017 Regular City Council Meeting (Unfinished Business) Agenda Item: Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct Election _____________________________________________________________________________________ Project Description: On November 7, 2017, an election will be held in the City of Milton to elect the Mayor and City Councilmembers for District 1/Post 1, District 2/Post 1 and District 3/Post 1. O.C.G.A. §21-2-45 provides that a municipality may authorize and contract with a county to conduct elections. Approval of this ordinance will establish authority that the Mayor is authorized to enter into a contract with Fulton County to conduct this election. A copy of the contract is attached to the ordinance and incorporated herein. Procurement Summary: Purchasing method used: Sole Source (Include Sole Source Documentation) Account Number: 100-0000-1138099 Requisition Total: $ 78,458.60 Vendor: Fulton County Finance Director (Remit Payment to) Page 1 of 2 Page 2 of 2 Financial Review: Bernadette Harvill – June 7, 2017 The General Election fee of $78,458.60 and General Election Runoff fee of $66,982.30 (if needed) will be included in the FY2018 budget. This fee will be paid to Fulton County in advance of the election and maintained by Fulton County in a separate election account. Within 90 days after the election or run- off election, Fulton County will furnish a refund of any excess fees or invoice the City if the fee is insufficient to cover the City’s pro-rata share of the costs of the election. Legal Review: Sam VanVolkenburgh -- Jarrard and Davis, (June 13, 2017) Attachment(s):  Ordinance of the City Council to Authorize Fulton County to Conduct Election  Intergovernmental Agreement for the Provision of Election Services between Fulton County, Georgia and the City of Milton, Georgia Page 1 of 2 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL TO AUTHORIZE FULTON COUNTY TO CONDUCT ELECTION BE IT ORDAINED by the City Council of the City of Milton, GA while in regular session on July 10, 2017 at 6:00 p.m. as follows: WHEREAS, on November 7, 2017, an election will be held in the City of Milton to elect the Mayor and City Council members for District 1/Post 1, District 2/Post 1, and District 3/Post 1; and WHEREAS, O.C.G.A. § 21-2-45 provides that a municipality may authorize and contract with a county to conduct elections: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MILTON, and it is hereby ordained and established by authority of the sam e, that the Mayor is authorized to enter into a contract with Fulton County to conduct this election approved by the Georgia Secretary of State , which contract is attached hereto and incorporated herein. 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this Ordinance. 3. Severability. Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Page 2 of 2 4. This Ordinance shall take effect and be in force from and after the date of its adoption, the public welfare demanding it. The above Ordinance having been read according to law is hereby approved by the Mayor and Council of the City of Milton, Georgia on this 10th day of July, 2017. Joe Lockwood, Mayor Attest: ______________________________ (SEAL) Sudie AM Gordon, City Clerk ______________________________ _______________________________ Karen Thurman, Mayor Pro Tem Burt Hewitt, Councilmember (District 1/Post 1) (District 1/Post 2) ______________________________ _______________________________ Bill Lusk, Councilmember Matt Kunz, Councilmember (District 2/Post 1) (District 2/Post 2) __________________________ _______________________________ Joseph Longoria, Councilmember Rick Mohrig, Councilmember (District 3/Post 1) (District 3/Post 2) INTERGOVERNMENTAL AGREEMENT , er 1COUNTY,1' and CITY OF MILTON,GEORGIA THIS INTERGOVERNMENTAL AGREEMENT is entered into this day of '2017, between Fulton County, Georgia ("County"), a political subdivision of the State of Georgia, and the City of Milton, Georgia ("City"), a municipal corporation lying wholly or partially within the County. WHEREAS, the parties to this Agreement are both governmental units; and WHEREAS, the County and the City desire to maintain a mutually beneficial, efficient and cooperative relationship that will promote the interests of the citizens of both jurisdictions; and WHEREAS, the City desires to contract with the County to conduct this election for the citizens of the City pursuant to the applicable laws of the State of Georgia; and WHEREAS, the City and the County are authorized by Art. IX, Sec. III, Par. I of the Constitution of the State of Georgia to contract for any period not exceeding fifty (50) years for the provision of facilities or services which they are authorized by law to provide, including an agreement for the conduct of the City elections; and WHEREAS, O.C.G.A. § 212-45(c) authorizes the governing authority of any municipality to contract with the county within which that municipality wholly or partially lies to conduct any or all elections; and WHEREAS, pursuant to O.C.G.A. § 21-2-45(c), a municipality may by ordinance authorize a county to conduct such election(s), and the City has adopted such an ordinance; and WHEREAS, the Fulton County Board of Registration and Elections ("BRE") has jurisdiction over the conduct of primaries and elections and the registration of electors in the County; and WHEREAS, the BRE, among other things, is responsible for the selection and appointment of the elections Superintendent, who selects, appoints, and trains poll workers for elections; NOW THEREFORE, in consideration of the following mutual obligations, the County and City agree as follows: ARTICLE I 1 .1 I i 1.1 This Agreement will govern the conduct of any and all elections which the City requests the County to conduct, including any and all runoffs which may be necessary. It is the intent of the parties that City elections be conducted in compliance with all applicable federal, state and local legal requirements. 1.2 For each City election, City, at its sole option, shall submit to County a request in the form attached hereto as Exhibit A. Requests must be made in conformance with O.C.G.A § 21-2- 540, now and as it may be amended hereafter, to the address specified in the Notice Section below. If a timely request is not made, the County shall have no obligation to conduct the City election which was the subject of the request. 1.3 In the event any special City election becomes necessary, the City and the County shall confer and determine a mutually convenient date as allowed by law to conduct any such election. ARTICLE 2 X-FIVIU., L1 • This Agreement shall commence on the date that it is executed by or on behalf of the governing authority of Fulton County, Georgia and will terminate on December 31, 2017, unless otherwise terminated as set forth herein. Pursuant to this Agreement, each party shall provide the following enumerated services for the election to be held November 7, 2017: 3.1 Upon receipt of request to perform a City election, and the agreement to conduct a City election, the County through the Superintendent or their designee(s) shall be responsible for: a) Designating early and advance voting sites and hours; b) Placing the City's candidate(s) on the electronic and printed ballots for City elections after qualifying; C) Placing the City's referendum question(s) on the ballot for a City election after timely written notice from the City is received by the County (which such notice shall include all necessary details and information); d) Hiring, training, supervising and paying poll officers and absentee ballot clerks; e) Preparing and submitting to the City Clerk, as required by state law O.C.G.A. § 21-2-224(e), now and as it may be amended hereafter, a list of electors. Page 2 of 12 f) Performing duties of elections Superintendent, and absentee ballot clerk for the November 7, 2017 City election; g) Performing logic and accuracy testing as required by Sections 183-1-12-.02 and .07 of the Official Compilation of Rules and Regulations of the State of Georgia, now and as they may be hereafter amended; h) Providing staff, equipment and supplies for conducting the November 7, 2017 City election at City polling places on City election days and for conducting recounts as may be required; i) Certifying City election returns as required by state law O.C.G.A. § 21-2-493, now and as it may be amended hereafter, and submitting certified City election returns to the Georgia Secretary of State and City Clerk or as otherwise directed; j) Upon a change in City precincts or voter districts, notifying City residents of any change in voting districts and/or municipal precincts; and 3.2 The City shall be responsible for: a) Recommending early voting sites and hours of operation to the County. b) Adopting Election resolutions pursuant to O.C.G.A. § 21-2-45(c), now and as it may be amended hereafter, and calls for special City elections as required by O.C.G.A. § 21-2-540, now and as it may be amended hereafter; C) Preparing qualifying materials for potential candidates and performing qualifying of candidates, including any write-in candidates, for City elections as required by state law, specifically O.C.G.A. § 21-2-130 et seq., now and as it may be amended hereafter; d) Placing advertisements in the City's legal organ regarding calls for City elections, as required by state law O.C.G.A. § 21-2-540, now and as it may be amended hereafter; C) Fixing and publishing the qualifying fee as required by state law under O.C.G.A. § 21-2-131, now and as it may be amended hereafter f) Collecting and retaining the qualifying fee as required by state law O.C.G.A. § 21-2-131, now and as it may be amended hereafter; g) Performing filing officer duties as required by the Georgia Government Transparency and Campaign Finance Commission for any and all state reports filed by the candidates or committees in conjunction with City elections to ensure compliance with Title 21, Chapter 5 of the Official Code of Georgia; Page 3 of 12 h) If the City desires to review and verify the accuracy of the voter list(s) for City residents, it must do so not less than 30 days prior to Election Day; i) Providing the County with an electronic copy of referendums that must be placed on a ballot; j) Reviewing ballot proofs and notifying County of corrections or approval within twenty-four (24) hours of receiving proofs for candidate listings; and k) Otherwise cooperating with the County in the performance of this Agreement and providing the County such documentation and information as it may reasonably request to facilitate the performance of its duties under this Agreement. ARTICLE `a -Le 4.1 For City elections that are to be conducted contemporaneously with a countywide General election, pursuant to this Agreement and to action of the Board of Commissioners on August 3, 2016, the City will not be charged for the cost of said election. 4.2 For City elections that are to be conducted contemporaneously with a countywide Special election, the City will share in the costs of conducting the election, plus a 10% administrative fee of the actual election costs based on the municipality's pro -rata share of the number of electors in the municipality versus the total number of electors in the County. The City will pay the actual cost of such election based on a budget prepared in accordance with the form attached hereto as Exhibit B. i) An estimate of the City's pro -rata share of the election costs based on the number of electors will be provided to the City and 75% of that amount is due to the County ninety (90) days prior to Election Day. ii) Following the election, the actual costs of the election will be determined, as well as the City's pro -rata share of the actual costs. iii) If based on the estimated election, costs a refund is due to the City, said refund will issue within ninety (90) days after the election. iv) If based on the estimated election costs the City owes the County an additional amount for the election, the County will issue an invoice for that amount which is due and payable within thirty (30) days of receipt. 4.3 For City elections that are not conducted contemporaneously with any countywide election, the City will pay the actual cost of such election based on a budget prepared in accordance with the form attached hereto as Exhibit B. i) The City will pay the County the sum determined in Exhibit B for the election to be maintained in a separate election account. Said amount is due ninety (90) days prior to Election Day. Page 4 of 12 ii) Following the election, the actual costs of the election will be determined. iii) If based on the payment made in compliance with Exhibit B a refund is due to the City said refund will issue within ninety (90) days after the election. 4.4 Failure to timely remit the funds owed will result in a 10% per month penalty. RESPONSIBILITIESARTICLE 5 LEGAL 5.1 The City shall be solely responsible for any liability resulting from any claims or litigation arising from or pertaining to any City election, except claims or litigation regarding the acts of agents or employees of the County, the County Board of Registration and Elections, and the County Election Superintendent in connection with any City Election held pursuant to this Agreement. The City agrees to reimburse the County for all costs, including, but not limited to, court costs and attorney fees for the County Attorney or outside counsel, incurred by the County as a result of any such claim or litigation. The City shall make payment of such reimbursements to the County within thirty (30) days of receipt of any invoice for reimbursement from the County. 5.2 In the event that a City election is contested, the City shall be solely responsible for any liability resulting from any claims or litigation arising from or pertaining to any contested City election, except claims or litigation regarding the acts of agents or employees of the County, the County Board of Registrations and Elections, and the County Election Superintendent in connection with any City Election held pursuant to this Agreement. The City agrees to reimburse the County for all costs incurred in responding to the election challenge, including, but not limited to, attorney's fees for the County Attorney or outside counsel and all expenses associated with the election challenge and any appeals thereafter. The City shall make payment of such reimbursements to the County within thirty (3 0) days of receipt of any invoice for reimbursement from the County. If a second election is required, such election will constitute a City Election under this Agreement and shall be conducted in accordance with the terms of this Agreement. 53 To the extent allowed by law, the City agrees to defend and hold harmless the County with respect to any claim, demand, action, damages, judgment, cost and/or expenses (including, without limitation, reasonable attorney's fees and legal expenses) to which the County may be subjected as a consequence of or as a result of any error, omission, tort, intentional tort, willful misconduct, or any other negligence on the part of the City and/or its employees. 5..4 To the extent allowed by law, the County agrees to defend and hold harmless the City with respect to any claim, demand, action, damages, judgment, cost and/or expenses (including, without limitation, reasonable attorney's fees and legal expenses) to which the City may be subjected as a consequence of or as a result of any error, omission, tort, intentional tort, willful misconduct, or any other negligence on the part of the County and/or its employees. 5.5 It is the intent of the parties to be covered under the auspices of any applicable immunity granted by law. Page 5 of 12 5.6 Should it be necessary to comply with legal requirements that any of the County's personnel shall be sworn in as a temporary officer or employee of the City, such formality shall be observed without limitation. ARTICLE 6 6.1 All County personnel assigned under this Agreement are and will continue to be employees of the County for all purposes, including, but not limited to: duties and responsibilities, employee benefits, grievance, payroll, pension, promotion, annual or sick leave, standards of performance, training, workers compensation and disciplinary functions. 6.2 All County personnel assigned under this Agreement are and will continue to be part of the Fulton County Department of Registration and Elections and under the supervision of the Superintendent. 6.3 All City personnel assigned under this Agreement are and will continue to be employees of the City. ARTICLE s. YJ P .1. 7.1 The County Registration and Elections Department is the central repository for all departmental records and makes available public records as defined and required by the Georgia Open Records Act, O.C.G.A. § 50-18-70, et seq., O.C.G.A. § 21-2-51 and O.C.G.A. § 21-2-72, now and as they may be amended hereafter. During the term of this Agreement, the County will continue to comply with the applicable provisions of the Georgia Open Records Act and the Georgia Election Code. 7.2 Except as limited by any provision of state or federal law, the City may request, review and access data and County records at a mutually agreed upon time to ensure compliance with this Agreement. ARTICLE 8 E -VERIFY AND TITLE VI Each party agrees that it will comply with all E -Verify and Title VI requirements and execute any documents reasonably required related to such compliance. Further, each party agrees that any contracts let for work completed pursuant to this Agreement shall contain all required E -verify and Title VI requirements under applicable law. Each of the individuals executing this Agreement on behalf of his or her respective party agrees and represents to the other party that he or she is authorized to do so and further agrees and represents that this Agreement has been duly passed upon by the required governmental Page 6 of 12 agency or council in accordance with all applicable laws and spread upon the minutes thereof. The parties hereto agree that this Agreement is an intergovernmental contract and is entered into pursuant to Article IX, Section III, Paragraph I of the Constitution of the State of Georgia 1983. Further, the Fulton County Board of Registration and Elections has reviewed and approved this Agreement and has authorized its Chairman and its Chief Administrative Officer to execute any ancillary documents required to complete the November 2017 General Election, including but not limited to the Notice of the Call of the General Election and the Notice of the General Election. I; • , I Ilk,�. Either party may unilaterally terminate this Agreement, in whole or in part, for any reason whatsoever or no reason at all, by notice in writing to the other party delivered at least thirty (30) days prior to the effective date of the termination. All required notices shall be given by certified first class U.S. Mail, return receipt requested. The parties agree to give each other non binding duplicate facsimile notice. Future changes in address shall be effective upon written notice being given by the City to the County Elections Superintendent or by the County to the City Administrator via certified first class U.S. mail, return receipt requested. Notices shall be addressed to the parties at the following addresses: If to the County: Fulton County Board of Registration and Elections Attn: Director 130 Peachtree St SW, Suite 2186 Atlanta, Georgia 30303 Facsimile: 404.73 0.7024 With a copy to: Fulton County Office of the County Attorney Attn: County Attorney 141 Pryor Street SW, Suite 4038 Atlanta, Georgia 30303 Facsimile: 404.73 0.6540 If to the City: City Administrator With a copy to: City Attorney Page 7 of 12 ARTICLE 12 Neither party shall assign any of the obligations or benefits of this Agreement. The parties acknowledge, one to the other, that the terms of this Agreement constitute the entire understanding and Agreement of the parties regarding the subject matter of the Agreement. This Agreement constitutes the entire understanding and agreement between the Parties concerning the subject matter of this Agreement, and supersedes all prior oral or written agreements or understandings. No representation oral or written not incorporated in this Agreement shall be binding upon the City or the County. All parties must sign any subsequent changes in the Agreement. ARTICLE SEVERABILITY, 1 ENFORCEABILITY If a court of competent jurisdiction renders any provision of this Agreement (or portion of a provision) to be invalid or otherwise unenforceable, that provision or portion of the provision will be severed and the remainder of this Agreement will continue in full force and effect as if the invalid provision or portion of the provision were not part of this Agreement. No action taken pursuant to this Agreement should be deemed to constitute a waiver of compliance with any representation, warranty, covenant or agreement contained in this Agreement and will not operate or be construed as a waiver of any subsequent breach, whether of a similar or dissimilar nature. This Agreement is governed by the laws of the state of Georgia without regard to conflicts of law principles thereof. Should any party institute suit concerning this Agreement, venue shall be in the Superior Court of Fulton County, Georgia. Should any provision of this Agreement require judicial interpretation, it is agreed that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it being agreed that the agents of all parties have participated in the preparation hereof 6 101 1 10101013 3 DIN I This Agreement shall inure to the benefit of, and be binding upon, the respective parties' successors. ARTICLE J This Agreement may be executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. Page 8 of 12 IN WITNESS WHEREOF, the City and County have executed this Agreement through their duly authorized officers on the day and year first above written. (Seal) FULTON COUNTY, GEORGIA APPROVED AS TO SUBSTANCE: Chair, Board of Commissioners Attest: Clerk to Commission Date: ATTEST: APPROVED AS TO FORM: Fulton County Attorney's Office APPROVED AS,TO SUBSTANCE: Richard Director, FultohCoAty Department of Registration and Elections SIGNATURES APPEAR ON THE FOLLOWING PAGE Page 9 of 12 [11111111111111,1115 11111 11111�, Mayor City Clerk (SEAL) City Attorney City Administrator Page 10 of 12 EXHIBIT A As per the Agreement executed on , the City of Milton, hereby requests that Fulton County conduct its Regular Election on November 7, 2017, and Runoff Election on December 5, 2017, within the boundary of Fulton County. The last day to register to vote in this election is October 10, 2017. The list of early voting locations will be forthcoming. This City Clerk day of , 2017. (SEAL) The Fulton County Board of Registrations and Elections agrees to conduct the City of Milton Regular Election on November 7, 2017, and Runoff Election on December 5, 2017, within the boundary of Fulton County. This ay of —2017. (SEAL) Elections Superint d& Fulton County Board of Registrations and Elections Page 11 of 12 CITY OF MILTON GENERAL ELECTION November 7, 2017 EXHIBIT "BIN 350-265-2683 _ COST 1001 SALARIES - OVERTIME 2,620.00 1010 SOCIAL SECURITY -SALARIES $260.00 1011 SOCIAL SECURITY -MEDICARE $65.00 1060 UNEMPLOYMENT INS $20.00 1120 RENTALEQUIPMENT $2,468.00 1121 RENTAL BUILDINGS $1,000.00 1159 HOURLY FEE PERSONNEL Poll Worker Pay and Training Class Fee $15,865.00 Election Day Technicians Election Night Workers 1160 TEMPORARY & EARLY VOTING STAFF $42,142.00 1174 SECURITY - TRAFFIC AND BUILDINGS $100.00 1169 FEES - BOARD MEMBERS $20.00 1342 ADVERTISING $634.00 1346 MILEAGE $12.00 1452 VEHICLE SUPPLIES - FUEL 120.00 1456 POSTAGE $1,300.00 1459 PRINTING & BINDING $1,080.00 ...1461 PHOTOCOPIES $54.00 1462 OFFICE & ELECTION SUPPLIES $2,168.00 ..1475 STOCKPA ER $48.00 CITY OF MILTON GENERAL ELECTION November 7, 2017 EXHIBIT "B" 1501 INSURANCE -HEALTH $560.00 1505 INSURANCE -LIFE $20.00 1510INSURANCE-DENTAL $40.00 1512 INSURANCE -VISION $10.00 1522 -RETIRE ATCFi $480.00 1527 C- CNTR-EPLR $220.00 1529 DC-CNTR- 2%® $20.00 ,SUB -TOTAL $71,326.00 10 % ADMINISTRATIVE FEE $ 7,132.60 GRAND TOTAL CITY OF MILTON $78,458.60 CITY OF MILTON RUNOFF ELECTION 350-265-2684 December 5, 20171 EXHIBIT '® " COST 1001 SALARIES _OVERTIME _---- — - ----- ------ —--------- -- 2,872.00 1010 SOCIAL SE CURITY-SALARIES }___ --------- $231.00 - 11011 SOCIAL SECURITY-MEDICARE {--- - ----- - --- --- �_ _ --- ----- --- +--- $31.00 i 1060 UIVEMPL Y ENT INS $2.00 - -- --- ----- -- ------ 1120 RENTAL EQUIP T- --------- --------.. - ------ _ ---- $1,916.00 RENTAL BUILDINGS ,1121 $1,000.00 — -- -- — --.__ - ---------- 1159 HOURLY FEE PERSONNEL Poll Worker Pay and Training Class Fee $15,865.00 - Election Day Technicians ---�-- _- - -- Election Night Workers 1160 TEMPORARY & EARLY VOTING STAFF '33,785.00 1174 SECURITY - TRAFFIC AND BUILDINGS - _ - x$114.00 1169 FEES - BOARD MEMBERS $23.00 - ---------------- �1342 ADVERTISING $720.00 1346 MILEAGE - - - ---- $.00 11452 VEHICLE SUPPLIES FUEL ------------------ 127.00 __ 1456 POS 5 --- STAGE TAGE ----- - --- $1,476.00 - --- 1459_ PRINTING & BINDING - ----- 11461 PHOTOCOPIES .00 - $16-JO-6- ----__ - _ _ __ --------- 462FFICE 1OELECTION SUPPLIES ___ $1 289.00 -_-�__--� _ 11475 STOCKPAPER — $23.00 I x1501INSU NCE HEALTH $486z _ _ _ _- 1505 INSU NCE-LIFE$15 ------------ - CITY OF MILTON RUNOFF ELECTIONDecember --------- _-1-------- I1510INSURANCE-DENTAL -- 5, 2017 --- EXHIBIT " " $13.00 ------i-------- 1512 INSURANCE-VISION -__._--- ---- ------__��_ $8.00 1522-RETIREMATCH $505.00 1527 C- CNTR-EPLR $224.00 ----- � 1529 C-C- 2% TTRR-- ---------- ----- 11.00 - --t----------- --_ --- --- - -- --- ---------- - __ SIJ TOTAL --_-___-- — - --- ---- -- ---- $60,893.00 - 10 %D IIT TIVE FEE - _ --- 6,089.30 - GRAND TOTAL CITY F MILTON - �- -- -_- ---- -----_-------- T --- $66,982.30 - FUITON CUMTV Fulton County Department of Registration and Elections 130 Peachtree Street, SW Suite 2186 Atlanta, Georgia 30303 Phone: (404) 612-7020 Fax. (404) 730-7024 Item Description nuem; Date: 5/25/2017 INVOICE # MIL1 12017 City of Milton City Clerk's Office 13000 Deerfield Parkway TO Suite 107 Milton, GA 30004 678-242-2522 Attn: Ms. Sudie Gordon Total Advance to Conduct General Municipal Election City of Milton, November 7, 2017 $71,326.00 2 10% Administrative Fee - for November 7, 2017 Election $7,132.60 - Subtotal $78,458.60 3 Advance to Conduct General Municipal Runoff Election City of Milton December 5, 2017 $60,893.00 4 10% Administrative Fee - for November 7, 2017 Election $6,089.30 Subtotal $66,982.30 GRAND TOTAL $145,440.90 Make Check Payable to: "FULTON COUNTY DIRECTOR OF FINANCE" ')r f \SILTO ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 13, 2017 FROM: Steven Krokoff, City Manager Q AGENDA ITEM: Consideration of An Ordinance of the City of Milton, Georgia to Amend Chapter 4, Alcoholic Beverages of the Code of the City of Milton, Georgia [Bring Your Own Beverage (BYOB)] MEETING DATE: Monday, June 19, 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: (OES () NO CITY ATTORNEY REVIEW REQUIRED: (,IVES () NO APPROVAL BY CITY ATTORNEY: (,APPROVED () NOT APPROVED PLACED ON AGENDA FOR: t )°-+ I ter 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cifyofmiltonga.us 0000 14i To: Honorable Mayor and City Council Members From: Sarah LaDart, Economic Development Manager Date: Submitted on June 2, 2017 for the June 5, 2017 and June 19, 2017 Regular City Council Meetings Agenda Item: Consideration of An Ordinance of the City of Milton, Georgia to Amend Chapter 4, Alcoholic Beverages of the Code of the City of Milton, Georgia (Bring Your Own Beverage (BYOB) ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: During the implementation process of our recently amended Chapter 4 Alcoholic Beverages, staff noticed a discrepancy making Sec. 4-239(d) not written properly for its intended use. The modification to this section is to have the license be available to any establishment in the City. Funding and Fiscal Impact: An anticipated increase in revenue as a result of new license applications. Alternatives: None. Legal Review: Molly Esswein, Jarrard & Davis June 2, 2017 Attachment(s): Updated Chapter 4 Sec. 4-239(d) Bring Your Own Beverage (BYOB) License Chapter 4: ALCOHOLIC BEVERAGES Sec. 4-239. – Limited consumption on premises license. (d) Bring Your Own Beverage (BYOB) License (1) A Bring Your Own Beverage License is required for establishment that: (a) Notwithstanding any other contrary provision of this chapter, any restaurant which is licensed to sell wine and beer for consumption on the premises establishment may permit a patron to bring into the restaurant establishment unopened wine and beer for consumption on the premises if the patron purchases a meal and consumes a portion of the bottle of wine or beer during the meal on the restaurant's premises . Should the patron wish to take the unfinished portion of the bottle of wine from the premises, such b ottle of wine shall be resealed by the licensee or other permitted employee prior to removal from the premises and transported in accordance with O.C.G.A. § 40-6-253; (b) The restaurant establishment must establish a policy for permitting this practice and may in its own discretion charge a corkage fee. Nothing in this section shall be deemed to require a restaurant to establish such a policy. (c) Permitted Monday through Saturday, from 9:00 a.m. until 9:00 p.m. and Sunday from 12:30 p.m. until 9:00 p.m. (2) An establishment must obtain a Bring Your Own Beverage License. ORDINANCE NO. STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 4, ALCOHOLIC BEVERAGES OF THE CODE OF THE CITY OF MILTON, GEORGIA (BRING YOUR OWN BEVERAGE (BYOB) LICENSE) BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on June 19, 2017 at 6:00 p.m. as follows: SECTION 1 That the condition of Chapter 4 has revisions in Sec. 4-239. - Limited consumption on premises licenses; and SECTION 2 That the Chapter shall be revised in compliance with the State of Georgia; and SECTION 3 That all ordinances or part of ordinances that conflict with the terms of this ordinance are hereby repealed; and SECTION 4 This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature approval of the Mayor. ORDAINED this 19th of June, 2017. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________ Sudie Gordon, City Clerk (Seal) 0 TO: FROM: AGENDA ITEM: MEETING DATE: M I L -To N ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: June 13, 2017 Steven Krokoff, City Manager Q), Consideration of A Resolution Appointing A Member to the City of Milton Equestrian Committee for District 1 /Post 2. Monday, June 19, 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: () YES (','NO CITY ATTORNEY REVIEW REQUIRED: () YES (,N O APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: '14 1 19) 201, 2006 Heritage Walk Milton, GA P: 678.242.25001 F. 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING A MEMBER TO THE CITY OF MILTON EQUESTRIAN COMMITTEE FOR DISTRICT 1/POST 2 BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on June 19, 2017 at 6:00 pm. as follows: SECTION 1. That _______________ (District 1/Post 2) is hereby appointed for a term commencing March 6, 2017 and ending on December 31, 2019 and, SECTION 3. That this Resolution shall become effective upon its adoption. RESOLVED this 19th day of June 2017. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk 93 MILTON'lP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 13, 2017 FROM: Steven Krokoff, City Manager (2� AGENDA ITEM: Consideration of Subdivision Plat Approval MEETING DATE: Monday, June 19, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (4 -APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (4AO CITY ATTORNEY REVIEW REQUIRED: () YES (,,KNO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: C)L I 1 /2of1 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on June 13, 2017 for the June 19, 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 7 Name of Development / Location Action Comments / # lots Total Acres Density 1. Kensley Ph. II Revision LL 1048 & 1049 Webb Road Final Plat 44 Lots 8.433 5.218 Lots / acre New Business Plats Staff Memo Page 3 of 7 New Business Plats Staff Memo Page 4 of 7 New Business Plats Staff Memo Page 5 of 7 New Business Plats Staff Memo Page 6 of 7 New Business Plats Staff Memo Page 7 of 7