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Agenda Packet CC - 11/06/2017 - 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, November 6, 2017 Regular Council Meeting Agenda 6:00 PM INVOCATION – Jason Howard, Stonecreek Church, Milton, Georgia CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by the Sons of the American Revolution) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 17-273) 4) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 6, 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 October 16, 2017 Regular City Council Meeting Minutes. (Agenda Item No. 17-274) (Sudie Gordon, City Clerk) 2. Approval of an Agreement between the City of Milton and Zayo Group to Install Utilities within the Right of Way. (Agenda Item No. 17-275) (Carter Lucas, Assistant City Manager) 3. Approval of a Construction Services Agreement between the City of Milton and Tri Scapes, Inc. for Tree and Storm Debris Removal - Citywide. (Agenda Item No. 17-276) (Carter Lucas, Assistant City Manager) 4. Approval of a Construction Services Agreement between the City of Milton and Tri Scrapes Inc. for the FY17 Sidewalk Repair Project. (Agenda Item No. 17-277) (Carter Lucas, Assistant City Manager) 5. Approval of a Construction Contract for Milton Streetscape Project PI 0011675 by and between the City of Milton and Excellere Construction, LLC. (Agenda Item No. 17-278) (Carter Lucas, Assistant City Manager) 6. Approval of a Task Order to Provide Construction Inspection of the Crabapple Streetscape Project. (Agenda Item No. 17-279) (Carter Lucas, Assistant City Manager) 7. Approval of a Task Order to Provide Construction Inspection of FY17 Resurfacing and Reconstruction Project. (Agenda Item No. 17-280) (Carter Lucas, Assistant City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 6, 2017 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 8. Approval of the following Subdivision Plat: Name of Development / Location Action Comments / # lots Total Acres Density 13540 Highway 9 Minor Plat 1 50.05 50.05 acres (Agenda Item No. 17-281) (Kathleen Field, Community Development Director) 6) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Veterans Day 2017. (Councilmember Bill Lusk) 2. Proclamation Recognizing Native American History Month. (Councilmember Bill Lusk) 3. Presentation Regarding the Purchase of an Armored Rescue Vehicle. (Rich Austin, Police Chief) 4. Presentation of the Draft Recommendations for the North Fulton Comprehensive Transportation Plan. (Kimley-Horn) 5. Presentation Regarding Adopting the City of Milton Trail Plan. (Carter Lucas, Assistant City Manager) 6. Presentation Regarding Adopting the Concept Plan for the Northeast Crabapple Connector Roadway and Intersection Improvements at Mayfield Road and Charlotte Drive. (Carter Lucas, Assistant City Manager) 7) FIRST PRESENTATION 1. Consideration of an Ordinance Reaffirming and Establishing Chapter 46 of the Milton Code of Ordinances Governing Solid Waste Collection Services within the City of Milton. (Agenda Item No. 17-282) (Teresa Stickels, Green Projects Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 6, 2017 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 8) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATION 1. Consideration of the Issuance of an Alcohol Beverage License to Conrose Georgia Group, Inc., d/b/a 850 F Bar Pizza, 12635 Crabapple Road, Suite 310, Milton, Georgia 30004. (Agenda Item No. 17-283) (Bernadette Harvill, Finance Director) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS 1. Consideration of a Resolution Adopting the 2018 City of Milton City Council Regular Meeting and Work Session Schedule. (Agenda Item No. 17-284) (Sudie Gordon, City Clerk) 12) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Fire 2. Finance 13) EXECUTIVE SESSION (if needed) 14) ADJOURNMENT (Agenda Item No. 17-285) I TO: FROM: AGENDA ITEM: MEETING DATE: MILTON'lr ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: October 24, 2017 Steven Krokoff, City Manage( Approval of an Agreement between the City of Milton and Zayo Group to Install Utilities within the Right of Way Monday, November 6, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: („)'APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (),-YES () NO CITY ATTORNEY REVIEW REQUIRED: (.KYES () NO APPROVAL BY CITY ATTORNEY: 01APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: if 10020,1 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Roddy Motes, Public Works Manager Date: Submitted on October 20, 2017 for the November 6, 2017 Regular City Council Meeting Agenda Item: Approval of an Agreement between the City of Milton and Zayo Group to Install Utilities within the Right of Way _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: This agreement is to allow for the installation of utilities within the right of way of the designated roads in accordance with O.C.G.A. 32-4-92 and O.C.G.A. 32-6-174. Both sections provide for the permitting and regulation of these utilities provided that the regulations are no more restrictive than equivalent regulations promulgated by the Georgia Department of Transportation. Funding and Fiscal Impact: The city will receive an annual fee of $5,000/mile/year for a period of ten years. Total annual revenue for this agreement will be $49,800. Alternatives: None Legal Review: Jarrard and Davis, Molly Esswein and Sam VanVolkenburgh (8/7/2017) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Permit Fee Agreement for Utility Right of Way Encroachment HOME Of ' M't-TONIt6 LSTAR 1511 f Il A", PERMIT FEE AGREEMENT FOR UTILITY RIGHT OF WAY ENCROACHMENT This Permit Fee Agreement ("Agreement") is made and entered into this day of , 20_ (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council (the "City"), and Zayo Group (the "Utility") collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, O.C.G.A. Section 32-4-92(a)(10) confers upon cities the authority to grant permits and establish reasonable regulations for the installation, construction, maintenance, renewal, removal, and relocation of equipment, facilities, and appliances of any utility in, on, along, over, or under any part of its municipal street system and of a county road system lying within its municipal limits, provided that such regulations may not be more restrictive than equivalent regulations promulgated by the Georgia Department of Transportation ("GDOT") under authority of O.C.G.A. Section 32-6-174; WHEREAS, pursuant to O.C.G.A. Section 32-6-174, GDOT has promulgated Rule 672-11-.03 establishing a Permit Fee Schedule for Long Distance and Trunk Communications Cables; WHEREAS, City finds that construction of utility facilities in the right of way of the street and road system requires uniform and controlled installation in accordance with a permit to ensure that the health and safety of the travelling public is maintained and that the public investment in the street and road system is protected; WHEREAS, City has enacted an ordinance authorizing its Public Works Department to permit construction of utility facilities in the right of way of the street and road system, as codified at City of Milton Code of Ordinances Section 48-585; WHEREAS, Utility has applied to the City's Public Works Department for a permit to encroach upon certain sections of right of way; and WHEREAS, City desires to charge an annual permitting fee equivalent to the fee established by GDOT Rule 672-11-.03, finding that the amounts set forth in the GDOT fee schedule are reasonably necessary to recover the City's actual costs of its permitting process, as well as the supervision and inspection of construction in the right of way; NOW, THEREFORE, the Parties do mutually agree as follows: I. Utility has requested a permit to install cable in the following locations within the boundaries of the City: • Bethany Bend from SR 9 to Cogburn Rd. • Cogburn Rd from Bethany Bend to Hopewell Rd. • Hopewell Rd from Cogburn Rd. To Birmingham Rd. • Birmingham Rd. from Hopewell Rd. to SR 372 • Hickory Flat Rd. from Birmingham Rd. to County Line • Thompson Rd from Hopewell to near Fire Station 42 • Lackey Rd from SR 140 to City Limits • Henderson to Freemanville to King from Birmingham Rd to County Line The total route of the locations in Section 1 is approximately 9.96 miles long. 3. All the locations stated in Section 1 qualify as "roads and streets inside urban areas" under GDOT Rule 672-11-.03, so the applicable permitting fee is $5,000/mile/year for ten years. Accordingly, the total amount of fees due each year is $49,800. 4. Fees are due annually. The fees for the initial year are due within thirty days of the date this Agreement is fully executed. Thereafter, fees are due on the anniversary of the underlying permit date. 5. The term of the Agreement is ten years, beginning on the date of the underlying permit. The Agreement may be terminated by either Party upon cancellation of the underlying permit, provided that fees already paid shall not be refunded. 6. The individual executing this Agreement on behalf of Utility covenants and declares that it has obtained all necessary approvals of Utility's board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Utility to the terms of this Agreement. 7. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related tothis Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia and Utility submits to the jurisdiction and venue of such court. This Agreement may be executed in two or more counterpart copies, all of which together constitute one and the same instrument. Delivery of executed copies of this Agreement by facsimile or e-mail transmission shall constitute good and valid execution and delivery, by the Parties for all purposes, with the same effect as if each Party had received an original counterpart signed by the other. 9. All notices and payments required by this Agreement shall be delivered to: City Utility City of Milton Public Works Department Zayo Group 2006 Heritage Walk Carl Chosa Milton, GA 30004 2030 Powers Ferry Rd. SE Sandy Springs GA 30339 IN WITNESS WHEREOF, City and Utility have executed this Agreement, effective as of the Effective Date first above written. 2 Attest Signat Print T Title: UTILITY: Za 'o G nn Signature: lJ Print Name: Title: [CIRCLE ONE] PresidentNice President (Corporation) Gen er Partnership/Limited Partnership) ember/Manager (=T-) Owner •e -P rs ip/Individual) Attest: Signature: Print Name: Title: City Clerk Approved as to form: City Attorney [CORPORATE SEAL] (required if corporation) & jc--�'17 f corporation) CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] M-ILTON:'It ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 23, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Tri Scapes, Inc. for Tree and Storm Debris Removal - Citywide. MEETING DATE: Monday, November 6, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (4 -APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,),"S'ES () NO CITY ATTORNEY REVIEW REQUIRED: Q, ES () NO APPROVAL BY CITY ATTORNEY: (.APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: �c�'1 201 1 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cifyofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Matthew Fallstrom- Capital Projects Manager Date: Submitted on (October 17th) for the (November 6th) Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton, Georgia and Tri Scrapes Inc. for the Removal of Tree and Storm Debris _____________________________________________________________________________________ Project Description: The contractor is responsible for the removal of fallen trees and storm debris in the city’s right of way. The contractor will need to give the city a total number of cubic yards of tree debris removed during this project. All debris and logs must be remo ved from the city and disposed of properly, the city does not have a location to dump this material. Traffic control will be needed in some areas if the contractor is not able to do the work outside the travel lanes. When there is not a specific address listed the cleanup of the right of way will be from a beginning and ending point. The contractor will look at the locations with a city representative prior to work starting. The locations listed below may not have debris at the time of contractor inspection. Locations Dorris Road- From New Providence Road to Birmingham Hwy (372). Hopewell Road-From the Alpharetta city limits to the Cherokee County Line. Wood Road- From Mountain Road to Hopewell Road. Bethany Road-From Alpharetta city limits to Hagood Road. Thompson Road-From Francis road to Redd Road. New Providence Road- From Arnold Mill Road to Birmingham Hwy (372). New Bullpen Road- From Birmingham Hwy (372) to Cherokee County line. Henderson Road-From Birmingham Road to Freemanville Road. Bethany Bend Road- From State route 9 to Belleterre Drive Deerfield Parkway- From Morris Road to State Route 9. 13695 Providence Road- Tree debris is in the right of way across form this address. 285 Phillips Circle- Tree Debris 2450 Saddlesprings Drive- Tree Debris 610 Knox Hill Drive- Tree Debris. TullamoreWay and Tullgean Drive- Tree Debris. Procurement Summary: Purchasing method used: 3 Written Quotes ($5,000-$49,999) Account Number: 100-4101-523580005 Requisition Total: $ 11,000 Vendor DBA: Tri Scapes Inc. Other quotes or bids submitted (vendor/$): Vendor/Firm Quote/Bid Downey Tree $16,800 Freeman Tree & Acorn Tree No Bid Superior Arbor Mangt. No Bid Financial Review: Bernadette Harvill, October 17, 2017 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, October 5, 2017 Attachment(s): Construction Services Agreement with Tri Scrapes Inc. for the Removal of Tree and Storm Debris. HOME ©F' t" sa A �h ts•r�niasuct7 zaoa CONSTRUCTION SERVICES AGREEMENT — SHORT FORM Tree and Storm Debris Removal Citywide This Construction Services Agreement (the "Agreement") is made and entered into this _ day of 201_ (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Milton City Council, located at 2006 Heritage Walk, Milton GA 30004 (hereinafter referred to as the "City"), and Tri Scapes, Inc, a Georgia Corporation, having its principal place of business at 1595 Peachtree Parkway, Ste 204-396, Cumming GA 30041 (hereinafter referred to as the "Contractor"), collectively referred to herein as the "Parties". WITNESSETH THAT: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project (defined below); and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work (defined below) and desires to perforin the Work under the terms and conditions provided in the Contract Documents (defined below). NOW THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: Section 1. Contract Documents: This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the Contract Documents: A. Scope of Work, attached hereto as "Exhibit A"; B. Insurance Certificate, attached hereto as "Exhibit B"; C. Contractor Affidavit, attached hereto as "Exhibit C"; D. Subcontractor Affidavit, attached hereto as "Exhibit D"; and E. City of Milton Code of Ethics (codified in the official Code of the City of Milton). In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work: A general description of the Project is as follows: the citywide removal of fallen trees and debris resulting from Tropical Storm Irma (the "Project"). Some locations may require the Contractor to provide traffic control. The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in "Exhibit A", attached hereto and incorporated herein by reference. The Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term "reasonably inferable" takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they area 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. Section 3. Contract Term; Termination: Contractor understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. Contractor shall commence Work pursuant to this Agreement on or before the start date to be specified on a written "Notice to Proceed" issued by the City and shall fully complete the Work within 10 business days of the start date specified in the "Notice to Proceed". The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price (defined below) shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall be $11,000.00 ("Contract Price"), except as outlined in Section 4 above. The compensation for Work performed shall be based upon a flat fee, and Contractor represents that the Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon the City's certification that the Work was actually performed and costs actually incurred in accordance with this Agreement. No payments will be made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of an invoice setting forth in detail the Work performed and costs incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. The invoice shall be submitted upon completion of the work, and shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment, as appropriate) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. Section 6. Covenants of Contractor: A. Ethics Code: Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the services required by this Agreement. Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub - consultant under a contract to the prime Contractor or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Expertise of Contractor: City's Reliance on the Work. The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that, therefore, the City bears no responsibility for Contractor's Work performed under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. The Contractor acknowledges and agrees that the acceptance or approval of any Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement and shall not relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards. C. Contractor's Reliance on Submissions by the City. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. D. Contractor's Representative: Meetings. .f r [INSERT NAME] shall be authorized to act on Contractor's behalf with respect to the Work as Contracte 's des' nated representative. Contractor shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of this Agreement at no additional cost to City. E. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies, and/or materials necessary to complete the Work; hiring and payment of subcontractors, agents; or employees to complete the Work, including compliance with Social Security, withholding, and all other regulations governing such matters. Any provisions of this Agreement that may appear to give the City the right to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of 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. F. Responsibility of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify, and hold harmless the City and the City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including, but not limited to, attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of a willful, negligent, or tortious act or omission arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge; or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. G. Insurance. Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit "B", attached hereto and incorporated herein by reference. Contractor shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Contractor shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Contractor's Work and that the City and its officials, employees or agents are named as additional insureds. H. Assignment of Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of, this Agreement, without the prior express written consent of the City. I. Employment of Unauthorized Aliens Prohibited — E- Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless: (1) the Contractor shall provide evidence on City -provided forins, attached hereto as "Exhibits "C" and "D (affidavits to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and its subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in "Exhibit U, and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1956 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event the Contractor contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as "Exhibit D", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] [CHECK ONE] 500 or more employees. 100 or more employees. x Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. J. Confidentiality. Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, contractors, and/or staff to likewise protect such confidential information. K. Licenses, Certifications and Permits. Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, pennits, or the like required of the Contractor by any and all national, state, regional, county or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work. The Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary or customarily secured for proper execution and completion of the Work. L. Authority to Contract. The individual executing this Agreement on behalf of Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners, or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. M. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other materials, including those in electronic form, prepared or in the process of being prepared for the Work ("Materials") shall be the property of the City, and the City shall be entitled to full access and copies of all such Materials in the form prescribed by the City. Any and all copyrightable subject matter in all Materials is hereby assigned to the City, and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. N. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. Section 7. Final Project Documents; Warranty: Prior to final payment, Contractor shall deliver to City copies of any as -built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within one (1) year from the date of completion at no additional cost to the City. Section 8. Miscellaneous: A. Complete Agreement; Counterparts; Third Party Rights. This Agreement, including all of the Contract Documents, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. B. Governing Law Business License; Proper Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern District of Georgia —Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. During the Term of this Agreement, Contractor shall maintain a business license with the City, unless Contractor provides evidence that no such license is required. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's profession or business and in compliance with all applicable federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, and Georgia's Open Records Act (O.C.G.A. § 50-18-70, etseq.). C. Notices. All notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when (1) personally delivered, or (2) on the third calendar day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the addresses first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. D. Waiver; Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one specified in such waiver, and that one only to the extent specifically stated. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. E. Agreement Construction and Interpretation; Invalidity of Provisions; Severability. Contractor represents that it has reviewed and become familiar with the Contract Documents, the nature and extent of the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, perfonnance, or furnishing of the Work. Contractor represents that it has given the City written notice of all conflicts, errors, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents may omit modifying words such as "all" and "any" and articles such as "the and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. e aP11711 1,1 MMMMMM IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. CITY OF MILTON, GEORGIA Signature: Joe Lockwood, Mayor [CITY SEAL] Attest: By: Its: City Clerk Approved as to form: CONTRACTOR: Tri Scapes, Inc. By: Re cca Martin [CIR E ONE] Presiders ice President (Corporation) [CORPORATE SEAL] (required if corporation) Attest/Witness: By: ✓i - it rne rs Its: Assistant Corporate Secretary ((Assistant) Corporate Secretary if corporation) City Attorney �, s r Citywide BIDS DUE September 29th, 2017 BY 5:00 PM General Description of Project Scope: Contractor to bid on the following scope. Contractor is required to visit the site prior to submitting bid to confirm and verify scope. Contractor is responsible for utility locates and coordination of all work. The general scope of work will consist of removal of a fallen trees and debris from Tropical storm Irma. The locations will be in different locations across the City of Milton. There will be spots that you will need to have traffic control. Contractor is responsible for utility locates, property owner coordination, erosion and sediment control, and any damages to any property. Contractor will replace in kind all damages on impacted properties. The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery; handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. The bidder proposes and agrees that if this bid is accepted to contract with the City of Milton to provide all construction labor, materials, equipment, products, transportation, and other facilities and services as necessary and/or required to execute and complete the work in full in accordance with the scope of work provided to the full satisfaction of the city. THE BASE BID IS THE AMOUNT UPON WHICH THE BIDDER WILL BE FORMALLY EVALUATED AND WHICH WILL BE USED TO DETERMINE THE LOWEST RESPONSIBLE BIDDER. The base bid may not be withdrawn or modified, except at the request of the city, for a period of sixty (60) days following receipt of the bids. The City of Milton reserves the right to modify the scope of this project at any time. Appropriate compensation for scope changes will be based on a negotiated fee. Note: A separate signed bid document is acceptable in lieu of the below form. General Scope or Work and Locations The contractor is responsible for the removal of fallen trees and storm debris in the city's right of way. The contractor will need to give the city a total number of cubic yards of tree debris removed during this project. All debris and logs must be removed from the city and disposed of properly, the city does not have a location to dump this material. Traffic control will be needed in some areas if the contractor is not able to do the work outside the travel lanes. When there is not aspecific address listed the cleanup of the right of way will be from a beginning and ending point. The contractor will look at the locations with a city representative prior to work starting. The locations listed below may not have debris at the time of contractor inspection. Locations Dorris Road- From New Providence Road to Birmingham Hwy (372). Hopewell Road -From the Alpharetta city limits to the Cherokee County Line. Wood Road- From Mountain Road to Hopewell Road. Bethany Road -From Alpharetta city limits to Hagood Road. Thompson Road -From Francis road to Redd Road. New Providence Road- From Arnold Mill Road to Birmingham Hwy (372). New Bullpen Road- From Birmingham Hwy (372) to Cherokee County line. Henderson Road -From Birmingham Road to Freemanville Road.. Bethany Bend Road- From State route 9 to Belleterre Drive Deerfield Parkway- From Morris Road to State Route 9. 13695 Providence Road- Tree debris is in theright of way across form this address. 285 Phillips Circle- Tree Debris 2450 Saddlesprings Drive- Tree Debris 610 Knox Hill Drive- Tree Debris. TullamoreWay and Tullgean Drive- Tree Debris. a) Construction activity within 1000 feet on an occupied residence will be allowed Mon. -Fri. between the hours of 7:30 AM and 7:30 PM and Sat. between 8:30 AM and 5:00 PM. Construction activity more than 1000 feet from an occupied residence will be allowed Mon.- Fri. between the hours of 7:00 AM and 10:00 PM and Sat. between the hours of 8:30 AM and 6:00 PM. b) Contractor must notify the City of Milton (678) 242-2558, twenty-four (24) hours prior to beginning construction. c) Burial of materials is not permitted within the City of Milton. All tree debris within the work area shall be properly disposed of by the contractor. d) The contractor is responsible for any damaged property which occurs as a result of this project. The contractor shall replace any damaged property at his own expense. Insurance requirements are included in the Insurance Exhibit. a) The contractor shall, unless otherwise specified, supply and pay for all labor, transportation, materials, tools, apparatus, lights, power, fuel, sanitary facilities and incidentals necessary for the Page 2 of 8 completion of his work, and shall install, maintain and remove all equipment, other utensils or things, and be responsible for the safe, proper and lawful construction, maintenance and use of same, and shall construct in the best and most workmanlike manner, a complete job and everything incidental thereto, stated in the specifications, or reasonably implied there from, all in accordance with the contract documents. b) No changes shall be made in the Work except upon written approval and change order of the city c) If at any time during the completion of the work covered by these contract documents, the conduct of any workman of the various crafts be adjudged a nuisance to the Owner or if any workman be considered detrimental to the work; the Contractor shall order such parties removed immediately from the site. d) The contractor shall designate a foreman/superintendent who shall direct the work. 3.0 Utilities a) The contractor shall be required to coordinate and manage any and all utility locates within the scope of this project. 4.0 Performance a) The contractor will adhere to all current State and Federal construction safety regulations, including OSHA regulations. The Contractor will conform to MUTCD and the State of Georgia Department of Transportation standards for traffic control. The Contractor must maintain a safe work; zone for their employees, pedestrians, and vehicular transportation. All work shall be inspected and approved by the City of Milton Department of Public Works (MDPW). 5.0 Safety Requirements a) The Contractor shall be responsible for the entire site and the construction of the same and provide all the necessary protections as required by laws or ordinances governing such conditions and as required by the Owner or Designer. He shall be responsible for any damage to the Owner's property or that of others on the job, by himself, his personnel or his subcontractors, and shall make good such damages. He shall be responsible for and pay for any claims against the Owner arising from such damages. b) The Contractor shall provide all necessary safety measures for the protection of all persons on the work. Contractor shall clearly mark or post signs warning of hazards existing, and shall barricade excavations and similar hazards. He shall protect against damage or injury resulting from falling materials and he shall maintain all protective devices and signs throughout the progress of the work.. 6.0 Codes, Permits and Inspections a) The Contractor shall obtain the required permits, if required, give all notices, and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the work under this contract. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the Designer in writing. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, codes, rules and regulations; and without such notice to the Owner, he shall bear all cost arising there from. e _. a) The Contractor shall keep the sites and surrounding area reasonably free from rubbish at all times and shall remove debris from the site from time to time or when directed to do so by the Owner. Before final inspection and acceptance of the project, the Contractor shall thoroughly clean the sites, and completely prepare the project and site for use by the Owner. Page 3 of 8 a) Project shall start within 1 week of date of award and be completed in satisfactory manner, as deemed by MDPW, within 2 weeks from date of award, with final inspection scheduled within 3 weeks from the date of award. Page 4of8 Insurance Exhibit (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain 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 and $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 for premises/operations, products/completed operations, independent consultants and contractual liability (specifically covering the indemnity), broad -form 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 for comprehensive Commercial Automobile Liability coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property; including loss of use resulting therefrom. (c) Demolition Contractor's Liability Insurance: $1,000,000 (one million dollars) limit for claims arising out of demolition and caused by the Contractor's errors, omissions, or negligent acts.(d) Workers' Compensation and Employers Liability: 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. (e) Commercial Umbrella Liability Coverage: $2,000,000 (two million dollars) per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers' Liability, and Demolition Contractor's 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. Page 5 of 8 (4) Other Insurance Provisions: The policy shall contain, or be endorsed to contain, the following provisions: (a') General Liability, Automobile Liability, Demolition Contractor's Liability and Umbrella Liability Coverage: (i) Additional Insured Requirement. The City and its elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents and volunteers (individually "Insured Party" and collectively "Insured Parties") shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (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. (vii) Endorsements. All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage: The insurer will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. Page 6 of 8 (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided,. canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement; including but not limited to Section 7(l) 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 insurers with an A.M. Best Policyholder's rating of no less than "A-" and with a financial rating of Class VII or greater. The Contractor shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the prescribed form. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement along with the declarations page for each insurance policy listed on the certificate of insurance prior to submission of this Agreement to the City for execution and must be approved by the City before commencement of the 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 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 certificates of insurance, endorsements and declarations page shall be furnished on a form utilized by Contractor's insurer in its normal course of business. The City reserves the right to require complete, certified copies of all required insurance policies at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Insured Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the date of the Contractor's initial contract date with the City. Page 7 of 8 (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. Page 8 of 8 Tree and Storrs Debris Removal Citywide BI®S DUE September 29th, 2017 BY 5:00 PM General Description of Project Scope: Contractor to bid on the following scope. Contractor is required to visit the site prior to submitting bid to confirm and verify scope. Contractor is responsible for utility locates and coordination of all work. The general scope of work will consist of removal of a fallen trees and debris from Tropical storm Irma. The locations will be in different locations across the City of Milton. There will be spots that you will need to have traffic control. Contractor is responsible for utility locates, property owner coordination, erosion and sediment control, and any damages to any property. Contractor will replace in kind all damages on impacted properties. The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed; including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself'that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. The bidder proposes and agrees that if this bid is accepted to contract with the City of Milton to provide all construction labor, materials, equipment, products, transportation, and other facilities and services as necessary and/or required to execute and complete the work in full in accordance with the scope of work provided to the full satisfaction of the city. THE BASE BID IS THE AMOUNT UPON WHICH THE BIDDER WILL BE FORMALLY EVALUATED AND WHICH WILL BE USED TO DETERMINE THE LOWEST RESPONSIBLE BIDDER. The base bid may not be withdrawn or modified, except at the request of the city, for a period of sixty (60) days following receipt of the bids. The City of Milton reserves the right to modify the scope of this project at any time. Appropriate compensation for scope changes will be based on a negotiated fee. Note: A separate signed bid document is acceptable in lieu of the below form. z Tree & ��crm Debris Removall B;id amount (Dollar Amount in Numbers) %ra` e es (Company N me (Signature) (Printed Name) No Text "EXHIBIT C" CONTRACTOR AFFIDAVIT AND AGREEMENT under O.C.G.A. § 13-10-91(b)(1) STATE OF Georgia COUNTY OF Forsyth By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia, has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period, and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 123689 Federal Work Authorization User Identification Number 06/02/08 Date of Authorization Tri Scapes, Inc. Contractor Tree and Storm Debris Removal - Citywide 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 October 9 , 201 7 in C ing (city), GA (state). Jigt'ukre MofAuthWoAz0ed40Lfficer or Agent Rebecca Martin, PresidentlCFO Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 9th DAY OF October , 201 7. NOTARY WBLIC My Commission Expires: ��`����Z14C,yq�i,� `� .G�µ�MlSg�O.• �i/� �� J, 140 C)'v-& eLIC y' ` •••. 8. 209•.•' X1,, 00Ty c� N/A "EXHIBIT D" SUBCONTRACTOR AFFIDAVIT AND AGREEMENT under O.C.G.A. § 13-10-91(b)(3) 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 Tri Scapes, Inc. on behalf of the City of Milton, Georgia, has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub - subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: I hereby declare under penalty of perjury that the Federal Work Authorization User Identification foregoing is true and correct. Number Date of Authorization Name of Subcontractor Tree and Storm Debris Removal - Citywide Proj ect City of Milton, Georgia Name of Public Employer 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 My Commission Expires: ACC?R& CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/06/2017 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 CNAMONTAcr E: Stephanie Smith, .CISR PointeNorth Insurance Group, LLC PHONE (770)858-7540FAx (770)858-7545 X COMMERCIALGENERALLIABILITY CLAIMS -MADE ®OCCUR AIC No Ext : AIC, No): PO Box 724728 E-MAILS:smith@pointenorthins.com INSURER(S) AFFORDING COVERAGE NAIC # Atlanta GA 31139 INSURERA: Middlesex Insurance Company A+ 23434 INSUREDINSURER.B ; NationalLiability Liabili & Fire Insurance: CO A++ 20052 Tri Scapes, Inc. QR Martin INSURER C : 1595 Peachtree Pkwy #204-396 INSURER D: INSURER E: Cumming GA 30041 INSURER F: COVERAGES CERTIFICATE NUMBER: 16/17 Pkg, 17/18 WC RFVISICIN NIINIRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AUULSUBR INSD WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS X COMMERCIALGENERALLIABILITY CLAIMS -MADE ®OCCUR EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 MED EXP (Anyone person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 A Y Y A0074153 12/01/2016 12/01/2017 GEN'L AGGREGATE.LIMITAPPLIES PER' POLICY � PRO ❑ JECT LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMPlOPAGG $ 2,000,000 OTHER: I Employee Benefits $ 12 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident) ANYAUTO _ BODILY INJURY (Per person) $ A OWNED SCHEDULED AUTOS ONLY AUTOS Y Y A0074153 12/01/2016 12/01/2017 BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS. ONLY PROPERTY DAMAGE Per accident $ 9001 $ X UMBRELLA LIAB I X1OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS -MADE Y Y A0074153 - Follow Form 12/01/2016 12/01/2017 AGGREGATE $ 5,000,000 DED I % RETENTION $ 10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBEREXCLUDED? � N/A Y V9WC820485. 07/0112017 07/01/2018 STER ATUTE H ET _ E.L. EACH ACCIDENT $ 1,000,000. E.L. DISEASE - EA EMPLOYEE $ 11000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below I E.L. DISEASE -POLICY LIMIT $ 1,000,000 A Leased io Rented Equipment Installation Floater A0074153 12101/2016 12/01/0207 Limit $35,000 Limit $100,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Tree & Storm Debris Removal for City of Milton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Milton ACCORDANCE' WITH THE POLICY PROVISIONS. 2006 Heritage Walk AUTHORIZED REPRESENTATIVE Milton GA 30004 ] lz /� ©1988-2015ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD MILTON*�4 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 23, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Tri Scapes Inc. for the FY17 Sidewalk Repair Project MEETING DATE: Monday, November 6, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,,�-APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,yiES () NO CITY ATTORNEY REVIEW REQUIRED: (q' ES () NO APPROVAL BY CITY ATTORNEY: (,LXPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: /0/C&110' -7 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Matthew Fallstrom- Capital Projects Manager Date: Submitted on October 24, 2017 for the November 6, 2017 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Tri Scapes Inc. for a Sidewalk Repair Project _____________________________________________________________________________________ Project Description: The City of Milton Public Works Department (City) requests for interested parties to submit formal sealed bids/proposals for a Sidewalk Repair and Replacement Project. The project will consist of demolition of broken, cracked and damaged sidewalks. The contractor will also demo marked handicap ramps and replace them with ADA compliant ramps. The contractor will also remove and replace marked cub and gutter and storm drain lids. The project segments locations are listed below and are called out on the bid schedule. Work will be done at various locations on these roads. Everything will be marked for the contractor and will be reviewed with Milton Public Works and the contractor prior to work starting. Green Road from Crabapple road to Arnold Mill Road. Birmingham Hwy from Crabapple Rd to the City Limits. State Route 9 from the southern City Limits to the northern City Limits. Webb Rd from Cogburn Road to Morris Rd. Morris Road from Bethany Bend to Deerfield Parkway. Deerfield Parkway from the City Limits to State Route 9. Procurement Summary: Purchasing method used: Bid Award-ITB (Over $50,000) Account Number: 300-4101-541401300 Requisition Total: $ 120,355.60 Vendor DBA: Tri Scapes Inc. Other quotes or bids submitted (vendor/$): NA Vendor/Firm Quote/Bid Tri Scapes Inc. $120,355.60 Blount Construction Co. $122,524.00 Ed Castro Landscape $138,211.50 Financial Review: Bernadette Harvill, 11/1/17 Legal Review: Sam VanVolkenburgh, Jarrard & Davis 10/9/17 Attachment(s): Construction Services Agreement HOME OF � y s ' y N. 1..�'¢. OF -STAB i.tSFI E'D 2t10t: CONSTRUCTION SERVICES AGREEMENT FY17 Sidewalk Replacement Project This Construction Services Agreement (the "Agreement") is made and entered into this _ day of , 20_ (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Milton City Council (hereinafter referred to as the "City"), and Tri Scapes, Inc., a Georgia Corporation (hereinafter referred to as the "Contractor"), collectively referred to herein as the "Parties". WITNESSETH: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project, as defined below; and WHEREAS, the City solicited bids for construction of the Project pursuant to the Request for Bids, dated September 7, 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 ITB 17 -PW 12 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 andothergood and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: Section 1. Contract Documents This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the "Contract Documents A. Request for Bids, attached hereto as "Exhibit A B. Bid Documents from Contractor, dated October 3, 2017, attached hereto as "Exhibit B" C. Scope of Work, attached hereto as "Exhibit C"; D. Required Performance Bond, Payment Bond and Maintenance Bond, attached hereto collectively as "Exhibits D.1, D.2 and D.3"; E. Noncollusion Affidavit of Prime Bidder, attached hereto as "Exhibit E"; F. Final Affidavit, attached hereto as "Exhibit F"; G. Alien Employment affidavits, attached hereto as "Exhibits GA and G.2"; H. Plans, drawings and specifications, attached hereto collectively as "Exhibit H"; L 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. City of Milton Code of Ethics (codified in the official Code of the City of Milton); M. The following, which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Change Orders (defined in Section 6 below), other written amendments, and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties. Section 2. Project Description; Architect; Engineer; Contract Administrator A. Project. A general description of the Project is as follows: demolition and replacement of broken, cracked and damaged sidewalks at various locations throughout the City of Milton (the "Project"). A third -party Architect or Engineer (as identified below) has not been retained related to this Project. B. Architect/En g ig'neer (if any). (i) Architect [if applicable]. The Project has been designed by N/A (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) En ineer fif 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: Matthew Fallstrom, Capital Projects Manager. Section 3. The Work A. The Work. The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in "Exhibit C", attached hereto and incorporated herein by reference. The Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term "reasonably inferable" takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents. In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. B. Notice to Proceed. The City will issue a Notice to Proceed, and the Work shall begin within 10 days of receipt of the Notice to Proceed.;. 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. 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 A�Ilt2�:Hhl` d"111 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. Theterm of this Agreement ("Term") shall commence on the Effective Date and continue until final completion and payment for the Work 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) calendar days from the date the Notice to Proceed is issued by the City, and the Work shall be completed on or before ninety (90) calendar days from the issuance date. Every effort will be made by Contractor to shorten this period. If unusual weather affects the required completion schedule, the City and the Contractor will negotiate a new completion date. If the Term of this Agreement continues beyond the calendar year in which this Agreement is executed, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60- 13, shall terminate absolutely and without further obligation on the part of the City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year absent 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 calendar 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 n/a and 00/100 Dollars ($ .00) for each and every calendar day that expires after a deadline provided in the Contract Documents. C. Expediting Com letion. The Contractor is accountable for completing the Work within the time period provided in the Contract Documents. If, in the judgment of the City, the Work is behind schedule and the rate of placement of work is inadequate to regain scheduled progress to ensure timely completion of the entire Work or a separable portion thereof, the Contractor, when so informed by the City, shall immediately take action to increase the rate of work placement by: (1) An increase in working forces; (2) An increase in equipment or tools; (3) An increase in hours of work or number of shifts; (4) Expediting delivery of materials; and/or (5) Other action proposed if acceptable to City. Within five (5) calendar days after such notice from City that the Work is behind schedule, the Contractor shall notify the City in writing of the specific measures taken and/or planned to increase the rate of progress. The Contractor shall include an estimate as to the date of scheduled progress recovery. Should the City deem the plan of action inadequate, the Contractor shall take additional steps to make adjustments as necessary to its plan of action until it meets with the City's approval and such approval is provided in writing by the City. D. Partial Occupancy or Use. The City may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement between the City and Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the City and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage; if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. Immediately prior to such partial occupancy or use, the City, Contractor and Contract Administrator shall jointly inspect the area to be occupied, or portion of the Work to be used, in order to determine and record the condition of the Work. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. Section 5. Contractor's Compensation, Time and Method of Payment A. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall be $120,355.60 (the "Maximum Contract Price"), except as outlined in Section 6 below. The compensation for Work performed shall be based upon a flat fee, and Contractor represents that the Maximum Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. B. Additional Payment Requirements. Additional payment requirements are included as "Exhibit I", attached hereto and incorporated herein by reference. C. Material Deviations. Any material deviations in tests or inspections performed, or times or locations required to complete such tests or inspections; and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through written Change Orders, as described in Section 6 below. Whenever the Contract Administrator considers it necessary or advisable, it shall have authority to require inspection or testing of the Work. However, neither this authority of the Contract Administrator nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Contract Administrator to the Contractor, subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. D. Taxes. The City is a governmental tax-exempt entity and shall not be responsible for paying any taxes on any materials or services provided for herein. At Contractor's request, City shall provide evidence of its tax-exempt status. To the extent, if any, that the City furnishes tangible personal property to Contractor for incorporation into the Project, Contractor shall be responsible for paying the amount of tax owed for such tangible personal property. Section 6. Chante Orders A. Change Order Defined. A "Change Order" means a written modification of the Contract Documents, signed by representatives of the City and the Contractor with appropriate authorization. B. Right to Order Changes. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Change Orders and executed by the Contractor and the City. Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms, and the Contractor shall proceed with the changed 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 a 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 1.0 person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Contractor or higher tier sub - consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Meetings. The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City or the Contract Administrator. The Contractor will be given a minimum of three (3) full business days' notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of the contract for cause. C. Expertise of Contractor. Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. The Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of City and the Project in accordance with City's requirements and procedures, and Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. D. Proper Execution by Contractor. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's profession or business and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, and Georgia's Open Records Act (O.C.G.A. § 50-18-70, et seq.). Any additional work or costs incurred as a result of error and/or omission by Contractor as a result of not complying with the Contract Documents or not meeting the applicable standard of care or quality, including but not limited to those of repeated procedures and compensation for the Contract Administrator's services or expenses, will be 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, andall local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Contract Documents, site conditions, authorities, tests, reports and studies relative to that portion of the Work, as well as the information furnished by the City, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the Project site(s) affecting it. Contractor represents and agrees that it has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, inconsistencies, or ambiguities in the Contract Documents; however, any errors, inconsistencies, omissions, or ambiguities discovered by the Contractor shall be 'reported promptly to the Contract Administrator and City in writing. Contractor represents that it has given the City written notice of all errors, omissions, inconsistencies, or ambiguities that the Contractor has discovered in the Contract Documents so far, and the written resolution thereof by the City is acceptable to the Contractor. Further, Contractor acknowledges that its obligation to give notice of all such errors, omissions, inconsistencies, or ambiguities shall be continuing during the 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 Inforination. If, with undue frequency (as determined by the City in its sole discretion), the Contractor requests information that is obtainable through reasonable examination and comparison of the Contract Documents, site conditions, and previous correspondence; interpretations or clarifications, the Contractor shall be liable to the City for reasonable charges from the Contract Administrator for the additional services required to review, research and respond to such requests for information. F. Supervision, Inspection and Construction Procedures. The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Agreement, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety therefor and, except as stated below, shall be fully and solely responsible for the jobsite safety for such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the City and Contract Administrator and shall not proceed with that portion of the Work without further written instructions from the City or Contract Administrator as approved in writing by the City. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of this Agreement. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to: (a) employees and other persons who may be affected, (b) the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site(s), under care, custody or control of the Contractor or Contractor's subcontractors or sub -subcontractors, and (c) other property at the Project site(s) or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the Project site(s) by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the City and Contract Administrator in writing. G. Tests and Inspections. Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, or ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made promptly at an appropriate time to avoid unreasonable delay in the Work. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the City, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Contract Administrator timely notice of when and where tests and inspections are to be made so that the Contract Administrator may be present for such procedures. Required permits or certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and delivered to the Contract Administrator within ten (10) calendar days of issuance. H. Budgetary Limitations. Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. I. City's Reliance on the Work. The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that therefore, the City bears no responsibility for Contractor's Work performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, or specifications by any person, body, or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. J. Contractor's Reliance on Submissions by the City. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. K. Uncovering and Correction of Work. If a portion of the Work is covered contrary to the Contract Administrator's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Contract Administrator, be uncovered for examination by the Contract Administrator and be replaced at the Contractor's expense without change in the Agreement Term. If a portion of the Work has been covered which the Contract Administrator has not specifically requested to examine prior to its being covered or which the Contract Documents did not require to remain uncovered until examined, the Contract Administrator may request to see such Work, and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the City's expense, which expense shall be agreed upon in writing prior to being incurred. If such Work is not in accordance with the Contract Documents, correction shall be at the Contractor's expense, unless the condition was caused by the City, in which event the City shall be responsible for payment of such costs including reasonable charges, if any, by the Contract Administrator for additional service, which expense shall be agreed upon in writing prior to being incurred. If the City prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the City may do so instead of requiring its removal and correction, in which case the Maximum Contract Price will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final S.iS,'ai 7;i Ste, ,'C:2 -SL ._ I 11i 1.1.1 payment has been made. L. Clean Un. Contractor shall keep the Project site(s) and surrounding area free from accumulation of waste materials or rubbish caused by operations under this Agreement. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. If the Contractor fails to clean up as provided in the Contract Documents, the City may do so, and the cost thereof shall be charged to the Contractor. M. Contractor's Representative. ail 0(4�n [NSERT NAME OF CONTRACTOR'S REPRESENTA IVE] shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. N. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the City. Nothing contained in this Agreement shall be construed to make the Contractor, or any of its employees, servants or subcontractors, an employee, servant or agent of the City for any purpose. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies, and/or materials necessary to complete the Work; hiring of subcontractors, agents, or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding, and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and the City by virtue of this Agreement with the Contractor. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and the City may hire additional entities to perform Work related to this Agreement. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. ( 011;n 1CH0n '�crA ]CC, \L�rCCmCiJt \ crtiiun I .0 O. Responsibility of Contractor and Indemnification of City. The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City and the City's elected and appointed officials, officers, boards, commissions, employees, representatives„ consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages; losses, costs; expenses and liability of any kind whatsoever, including, but not limited to, attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of alleged willful, negligent, or tortious act or omission arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of the Contractor, its subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. P. Insurance. (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability: $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate comprehensive/extended/enhanced Commercial General Liability policy with coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, damage to premises/operations, products/completed operations; independent consultants and contractual liability (specifically covering the indemnity), broad -from property damage, and underground, explosion and collapse hazard. This coverage may be achieved by using an excess or umbrella policy. The policy or policies must be on "an occurrence" basis ("claims made" coverage is not acceptable).. (b) Commercial Automobile Liability (owned, non -owned, hired): $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate for comprehensive Commercial Automobile liability coverage (owned, non -owned, hired) including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability: $1,000,000 (one million dollars) limit Professional Liability policy for claims arising out of professional services and caused by the Contractor's errors, omissions, or negligent acts (required if any professional services will be provided). (d) Workers' Compensation and Employers' Liability: Workers' Compensation policy with limits as required by the State of Georgia and Employers' Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Contractor is a sole proprietor; who is otherwise not entitled to coverage under Georgia's Workers' Compensation Act, Contractor must secure Workers' Compensation coverage approved by both the State Board of Workers' Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers' Compensation Act. Further, the Contractor shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) RESER VED. (f) Commercial Umbrella Liability Coverage: $_N/A per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers' Liability, and Professional Liability. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing so that the City may ensure the financial solvency of the Contractor; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and Umbrella Liability Coverage. (i) Additional Insured Requirement. The City and City's elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually "Insured Party" and collectively "Insured Parties") shall be named as additional insureds as respects liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. 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 Ittsuraiwe 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. ,.!ti ,, 1 V .-i'oII a o (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 hisured Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to the City. The City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) Incorporation oflndemnification 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. (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 Pam: The making of progress payments to the Contractor shall not be construed as relieving the Contractor or its subcontractor or insurance carriers from providing the coverage required in this Agreement. Q. Bonds. In public works construction contracts valued at more than one hundred thousand dollars ($100,000.00) or road construction/maintenance contracts valued at five thousand dollars ($5,000.00) or more, or in any other instance where the City has elected to include such bond requirements as exhibits to this Agreement, the Contractor shall provide Performance and Payment bonds as a condition of this Agreement. At the conclusion of the Work, Contractor shall also provide City with a maintenance bond in the amount of one-third (1/3) of the total amount paid under the Agreement, guaranteeing the repair or replacement caused by defective workmanship or materials for a period of two (2) years from the completion of the Work. Bonds shall be provided on the forms attached hereto as "Exhibits D.1, D.2 and DS' 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- Verfy 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-I0-91, 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.111, and submitted such affidavit to City or provided the City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (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.211, 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. ioll I.l! Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10- 91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] [DESIGNATE/MARK APPROPRIATE CATEGORY] 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, 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 °l C 1-sioll I m 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) worts and Information: Upon request, the Contractor shall furnish to the City any and all Records in the form requested by the City. All Records stored on a computer database must be of a format compatible with the City's computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, Contractor shall make available to the City or City's representative(s) for examination all Records. The Contractor will permit the City or City's representative(s) to audit, examine, and make excerpts or transcripts from such Records. Contractor shall provide proper facilities for City or City's representative(s) to access and inspect the Records, or, at the request of the City, shall make the Records available for inspection at the City's office. Further, Contractor shall permit the City or City's representative(s) to observe and inspect any or all of Contractor's facilities and activities during normal hours of business for the purpose of evaluating Contractor's compliance with the terms of this Agreement. In such instances„ the City or City's representative(s) shall not interfere with or disrupt such activities. U. Confidentiality. Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, contractors, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions, or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. C.t osi, "Ucli{ill l `I'' ? ,'s i u'I` ?irii iJ='' 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 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. Authority to Contract. The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners, or similar ,authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. Y. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other materials, including those in electronic form, prepared or in the process of being prepared for the Work to be performed by the Contractor ("Materials") shall be the property of the City, and the City shall be entitled to full access and copies of all Materials in the form prescribed by the City. Any Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the Work shall be delivered immediately to the City whether or not the 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 agreesthat, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. Section 8. Covenants of the City A. Right of Entry. The City shall provide for right of entry for Contractor and Contractor's equipment as required for Contractor to complete the Work; provided that Contractor shall not unreasonably encumber the Project site(s) with materials or equipment. B. City's Representative. Matthew Fallstrom shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section 6 above. Section 9. Final Project Documents; Warranty A. Final Project Documents. Prior to final payment, Contractor shall deliver to City a written assignment of all warranties, guaranties, certificates, permits, and other documents, including without limitation, all contractors' and manufacturers' warranties. At such time, Contractor shall also deliver to the City copies of all as - built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. B. Warran. The Contractor warrants to the City and the Contract Administrator that ty 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 � s�t1Ht�.3.'�: E(iF;x '^� � 4 � •�<. ��';'�'4.'i�2s�"ti€ 1 ,"?"elf.+;l i.(# approved and authorized, is considered defective. This warranty excludes remedy for damage or defect caused by abuse by the City or modifications to the Work not executed by the Contractor or an employee/subcontractor/sub-subcontractor thereof Except as may be otherwise specified or agreed, the Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within 2 year(s) (the "Warranty Period") from the date of Final Completion (as defined in "Exhibit I", attached hereto and incorporated herein by reference) at no additional cost to the City. Further, Contractor shall provide all maintenance services, including parts and labor, for _n/a_ year(s) (the "Maintenance Period") from the date of Final Completion at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the respective Warranty Period/Maintenance Period to identify any issues that must be resolved by the Contractor. After the expiration of the Maintenance Period, City shall be responsible for repairing issues resulting from normal wear and tear and shall be responsible for general maintenance of the equipment; however, expiration of any Warranty Period or Maintenance Period shall not affect the Contractor's continued liability under an implied warranty of merchantability and fitness. All warranties implied bylaw, including fitness for a particular purpose and suitability, are hereby preserved and shall apply in full force and effect beyond any Warranty Period or Maintenance Period. City may purchase additional maintenance services from the Contractor upon a written proposal for such services being executed by authorized representatives of both Parties, and upon execution, such proposal for additional services shall be incorporated herein by this reference. Section 10. Termination A. For Convenience. The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor at least seven (7) calendar days in advance of the termination date. B. For Cause. The Contractor shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City's failure to pay the Contractor within thirty (30) calendar days of Contractor providing the City with notice of a delinquent payment and an opportunity to cure. The City may terminate this Agreement for cause as provided in Section 11 of this Agreement. The City shall give Contractor at least seven (7) calendar days' written notice of its intent to terminate the Agreement for cause and the reasons therefor, and if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project. 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 �, silc:ilC'i3�i6e`?t '^rt,"� �:i", .;'a"�t'l3ic`i4� \ ..'I"'•+iiil� i.�f obligation of the City. D. Payment. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, and except as otherwise provided herein, the City shall, upon termination for convenience or statutory termination, pay Contractor for Work performed prior to the date of termination in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. At its sole discretion, the City may pay Contractor for additional value received as a result of Contractor's efforts, but in no case shall said payment exceed any remaining unpaid portion of the Maximum Contract Price. If this Agreement is terminated for cause, the City will make no further payment to the Contractor or its Surety until the Project is completed and all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this Agreement, exceeds the cost of finishing the Project, City shall provide payment to the Contractor (or its Surety) for services rendered and expenses incurred prior to the termination date, provided that such payment shall not exceed the unpaid balance of the amount otherwise payable under this Agreement minus the cost of completing the Project. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. E. Assumption of Contracts. The City reserves the right in termination for cause to take assignment of all contracts between the Contractor and its subcontractors, vendors, and suppliers. The City will promptly notify the Contractor of the contracts the City elects to assume. Upon receipt of such notice, the Contractor shall promptly take all steps necessary to effect such assignment. F. Conversion to Termination for Convenience. If the City terminates this Agreement for cause and it is later determined that the City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section 10(A) above.. G. Requirements Upon Termination. Upon termination, the Contractor shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible if requested to do so by the City, and not incur any new obligations, unless the City directs otherwise and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. H. Reservation of Rights and Remedies. The rights and remedies of the City and the 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 1A) 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 deadline for of final completion of the Work. (ii) City's Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) calendar day period after receipt of written notice from the City to commence and/or continue correction of such default or neglect with diligence and promptness, the City may, without prejudice to other remedies the City may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including City's expenses and compensation for the Architect/Engineer's and/or Contract Administrator's additional services (if any) made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the City. B. Contractor Default. For the purposes of this Agreement, Contractor shall be in default if any of the following occur during the Tenn of this Agreement: (a) a failure to fwfill 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 "d. a 1"C",1 i s 1i1 t,i ql 1 . 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 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 ;.. til ,.t S. `sl'eaE1S?. '`�,'°s''s 101-s !�2` .FCCHI,„ H 'a t`1":` 41P license fee, and maintain said business license during the Term of this Agreement, unless Contractor provides evidence that no such license is required. F. Notices. (1) Communications Relating to Day -to -Day Activities. All communications relating to the day-to-day activities of the Work shall be changed between Matthew Fallstrom for the City and Klan to an [INSERT CONTACT NAME] for the Contractor. (2) Official Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when (1) personally delivered, or (2) on the third calendar day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the addresses given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton Attn: City Manager 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Tri Scapes, Inc. 1595 Peachtree Parkway, Ste 204-396 Cumming, GA 30041 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 c oiistruC111011 ~once, A,,rcciii •nt V crsioll 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. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City's elected or appointed officials, officers, boards, commissions, employees; representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor's performance of services under this Agreement shall not subject Contractor's individual employees, officers, or directors to any personal liability, except where Contractor is a sole proprietor. The Parties agree that their sole and exclusive remedy, claim, demand, or suit shall be directed and/or asserted only against Contractor or the City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. K. Force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perfonn (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 case 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 or'ci:`';`.'' 'iLIk2,;_1I,_'lIt �5 ol) 1j 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. Ili WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] 1 a,' yi`Sla_'17i i" l'i➢.t CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] Attest: Print Name: Its: City Clerk Approved as to form: City Attorney CONTRACT R- _Tri Sc By: Print Name: Rebecca Martin Its: [CIRCLE ONE] resident Vice President (Corporation) [CORPORATE SEAL] (required if corporation) Attest fitness: Print Name: Mitzi J. Chambers Its: Assistant Corporate Secretary ((Assistant) Corporate Secretary if corporation) ('01IStructIoll ",cn ices .A,,rccmcw ; Version 1.0 No Text st HOME OF : Project Name: 17-PW12 FY17 Sidewalk Replacement Project Due Date and Time: Public Works Department October 3, 2017 Number of Pages: 103 Local Time: 2:00pm Milton, GA 30004 Website: www.cityofmiltonga.us September 18, 2017 at 5:00 pm Email questions to Honor Motes at honor.nioles(iD,Cl�pgfiit ltoi ga..iis GSTABLiSI ILD 2006 Hid Number: Project Name: 17-PW12 FY17 Sidewalk Replacement Project Due Date and Time: Public Works Department October 3, 2017 Number of Pages: 103 Local Time: 2:00pm Milton, GA 30004 ISSUING DEPARTMENT INFORMATION Issue Date: September 7, 2017 City of Milton Did Number: 17-PW12 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: Did Number: 17-PW12 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 September 18, 2017 at 5:00 pm Email questions to Honor Motes at honor.nioles(iD,Cl�pgfiit ltoi ga..iis 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 I `1' 13) 1"- P \l= 1 2 1' sl x 1 1103 A Topic Page Definitions 3 Invitation to Bid 4 Bidding Instructions (What must be submitted) 5 Insurance/Bond Requirements 6 Bid Form and Addenda Acknowledgement to Bid Bond 12 Qualifications Signature and Certification 15 Corporate Certificate 15 List of Subcontractors 16 Contractor Affidavit and Agreement (eVerify) 17 Bid Schedule 18 Disclosure Form 21 General Conditions 22 EPD Air Quality Rules 27 Project Specifications 28 Schedule of Events 37 Sample Contract Agreement 38 6.1,13 1 71-1)W I P1 -1g c 2 1103 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 B 1 7_ 11 \V 1 -1 ' 3 3 1103 HOME OF "Ph u y M I �M7`a g C d J,d, $q tQi 4 t t iia ESTABLISHED 2006 The City of Milton is accepting sealed bids from. qualified firms for the FYI Sidewalk Replacement 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 October 3, 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: Milton City Hall Council Chambers, 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 -PW 12) 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 Honor Motes at hnorpmates��itygfndltongct.ids. Deadline for questions is September 18, 2017 at 5:00pm. Official answers to questions and potential changes to the ITB (Addendums) will be posted at the same web locations as the ITB on or about September 20, 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- PW12)and bid name (FYI7 Sidewalk Replacement Project) when requesting information. The City of Milton reserves the right to reject any or all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. The selected contractor must be able to start work within ten (10) calendar days 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. i'T13 1 7-1D4, 1 P:: 4 1103 11 l 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) 10-11 3 Bid Bond (3 pages) 12-13-14 4 Qualification Signature and Certification 15 5 List of Subcontractors 16 6 Contractor Affidavit and Agreement (eVerify) 17 7 Bid Schedule (3 pages) 18-20 8 Disclosure Form 21 The purpose of this solicitation is to enter into a unit price "purchasing contract" with one firm to be the primary supplier of the FY17 Sidewalk Replacement Project; 17-PW12. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. Unless clearly shown as "no substitute" or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive, but not restrictive, and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturer's number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. The City reserves the right to cancel the contract at any time with 30 days written notice. Title to any supplies, materials, equipment or other personal property shall remain the Contractors' until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor's expense to the complete satisfaction of the City of Milton with no additional expense to the City. I T 13 1 I' \V 1, P i == 5 1 103 I�1��1-f11I�CI7►i The City intends to evaluate the ITB on the lowest, best, responsible, and responsive vendor. Within ten (10) days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Within ten (10) days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7.K). (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions:- The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. 6103 (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only.. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and 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. I,1_Fl 1 n-1-1\, ; 21 1' �4 c 7 1103 (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers' Compensation policy. Each bid must be accompanied with a DID 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. 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. §§ 32-4-122and 36-91-21(e). ! V1. 1 1-iI\V121 ilaigc 81103 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. "FB 1-11wl 9��_>:591103 HOME OF -HE tv ESTABLISHED 2006 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 -PW -12 FY17 Sidewalk Replacement 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 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 1 .1. 13 1 7 - 1) W 1 21 1B � ti 10 1103 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 fitll name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this day of Bidder Bidder Mailing Address: Signature: Print Name: Title: 20 Company Name R ?"- €' NV 1 2 1- ,a c, c l 1 1 103 (Seal) 1 , R I No AINMIJU 1 9• BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 2006 Heritage Walk Milton, Georgia 30004 BID BID DUE DATE: PROJECT (Brief Description Including Location): BOND BOND NUMBER: DATE (Not later that Bid due date): PENAL SUM: (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. BIDDER (Seal) Bidder's Name and Corporate Seal Bv: Signature and Title: Attest: Signature and Title: SURETY (`Seal) Surety's Name and Corporate Seal By: Signature and Title: (Attach Power of Attorney) Attest: 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. fT1 1 P\V1, 11;i c 12 1103 I . Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to: Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof).. 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written. Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 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 i. I1 l ? 1 \V 1 P ii t' c 13 1103 of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length.. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. 11' B 1 P NV 1 ._ 14 1103 HOME OF ° ? E s 2 U INA ESTABLISHED 2006 is 1 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 Print/Type Name Print/Type Company Name Here I, Date CORPORATE CERTIFICATE certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that who signed said bid in behalf of the Contractor, was then (title) of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of This (Signature) day of 720 (Seal) iil I I''';v 1 a 15(103 I MITI 1 111,11 Tdo,donot _______, propose tosubcontract some ufthe work nothis project. I propose toSubcontract work tothe following subcontractors: Company Name: |TB |7 P\V|� 16 1103 PAgaIFIJ 31ESTABLISHED 2006 I MITI 1 111,11 Tdo,donot _______, propose tosubcontract some ufthe work nothis project. I propose toSubcontract work tothe following subcontractors: Company Name: |TB |7 P\V|� 16 1103 "HOME OF ` �. A;,3. ti wr 1"A r ¢ k g4 e i1r ,l J. [.S CABLISH[ D 2006 [BIDDERS• BID RESPONS EXHIBIT" /; 11 CONTRACTOR ` ' ' 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: eVerify Number Date of Authorization Name of Contractor FY17 Sidewalk Replacement Project 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: il' I is'i l'tge 171103 HOME OF 11 El' A"Al ol" QS rR tg Q� v d ESTARISI-1 ED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID SCHEDULE GREEN ROAD 441-0016 Driveway Concrete 6 IN SY 50 $ 441-0104 Concrete Sidewalk 4 IN. SY 120 $ 441-6012 Curb & Gutter Type 2 LF 50 $ 441 -Ramp Concrete 9031 Ramps EA 6-7 $ TOTAL $ Birmingham Hwy SR 372 441-0104 Concrete Sidewalk 4 IN. SY 250 $ 441 -Ramp Concrete 9031 Ramps EA 2 $ TOTAL $ SR 9 Webb Road 'ITEM ITEM: UNIT'TOTAL, ,NUMBER DESCRIPTION UNITS, 40ANTITY PRICE AMOUNT 441-0104 Concrete Sidewalk 4 IN. SY 75 $ f-?, 1 7-p\%,' 1 11 a,,z c 181103 441-6012 Curb & Gutter Type 2 LF 50 $ TOTAL $ Deerfield Parkway 441-0104 5' Concrete Sidewalk 4 IN. SY 80 $ 441-0104 8' Concrete Sidewalk 4 IN. SY 65 $ 441-6012 Curb & Gutter Type 2 LF 100 $ TOTAL $ Morris Road 441-0104 Concrete Sidewalk 4 IN. SY 230 $ 441-6012 Curb & Gutter Type 2 LF 100 $ 441 -Ramp Concrete 9031 Ramps EA 2 $ TOTAL $ Total Bid Price $ Print Total Bid 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) I _f, I i 1 1; - P W I -) P a 4 C 19 110 3 [BIDDERS 1 RESPONSE] In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY ADDRESS AUTHORIZED SIGNATURE PRINT / TYPE NAME TITLE ITB 1 7-11'x\ I `? P ii{ c 201103 NOME ESTABLISH En 2006 This form is for disclosureofcampaign 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: fTB 1 n -6'W 1 1'a ,c 211103 Unless otherwise directed, all work performed under this contract shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition), and Special Provisions modifying them, except as noted below. SECTION 101 DEFINITION AND TERMS Section 101.14 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 PROPOSALS Add the following subparagraphs "I. The City reserves the right to reject any and all bids, to waive technicalities, and to make an award as deemed in its best interest. It is understood that all bids are made subject 1 .1, 1-3 ; - T) W l 11 ;i a c 22 1 103 Section 102.08 PROPOSAL GUARANTY Add Section 102.15 ADDENDA AND INTERPRETATION Section 102.09 DELIVERY OF PROPOSALS: 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." 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, i.l.§l 1 7-11W 1 2, 11 tt 231103 SECTION 103 Section 103.02 AWARD OF CONTRACT Section 103.05 REQUIREMENTS OF CONTRACT BONDS Section 103.07 FAILURE TO EXECUTE CONTRACT 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 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 1 1` Tt 1 7- 11 til 3 Pi g c 24 1103 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 SECTION 109 Section 109.07 PARTIAL PAYMENTS Add the following paragraph: "The Contractor shall inspect all easements and rights-of-way to ensure that the City has obtained all land and rights-of-way necessary for completion of the Work to be performed pursuant to the Contract Documents. The Contractor shall comply with all stipulations contained in easements acquired by the Department." Add the following sentence to Paragraph A: "The Contractor is responsible for the location of above and below ground Utilities and structures which may be affected by the Work." MEASUREMENT AND PAYMENT Delete the first sentence of the Second Paragraph under `A. General" As long as the gross value of completed work is less than 50% of the total Contract amount, or if the Contractor is not maintaining his construction schedule to the satisfaction of the Engineer, the Department shall retain 10% of the gross value of the work that has been completed as indicated by the current estimate certified by the Engineer for 1 i 11 1 7-P\ I i1 a 251103 payment. Section 109.08 FINAL PAYMENT Delete in its entirety and substitute the following. "Final Payment: Upon completion by the Contractor of the work, including the receipt of any final written submission of the Contractor and the approval thereof by the Department, the CITY will pay the. Contractor a sum equal to 100 percent (100%) of the compensation set forth herein, less the total of all previous partial payments, paid or in the process of payment. The Contractor agrees that acceptance of this final payment shall be in full and final settlement of all claims arising against the CITY for work done, materials furnished, costs incurred, or otherwise arising out of this Agreement and shall release the CITY from any and all further claims of whatever nature, whether known or unknown for and on account of said Agreement, and for any and all work done, and labor and materials furnished, in connection with same." 1 "[ % - �' ' i 1; ri _4 c 26 1 103 ***NOTICE TO CONTRACTORS*** EPD AIR QUALITY RULES ON OPEN BURNING REFER TO CHAPTER 9, 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 "i ( i m 1' , ,m Y 27 1 103 HOMEOF jr, I1 aS i as 4 h Y tSTABLISHM 2006 The City of Milton Public Works Department (City) requests for interested parties to submit formal sealed bids/proposals for the FY 17 Sidewalk Replacement Project. The project will consist of the demolition and replacement of broken, cracked and damaged sidewalks. The Contractor will also demo marked handicap ramps and replace them with ADA compliant ramps. Additionally, Contractor will remove and replace marked curb and gutter. The project segments locations are listed below and are called out on the bid schedule. Work will be done at various locations on these roads. Everything will be marked for the Contractor and will be reviewed with Milton Public Works and the Contractor prior to work starting. • Green Road from Crabapple Road to Arnold Mill Road. • Birmingham Hwy from Crabapple Road to the City Limits. • State Route 9 from the southern City Limits to the northern City Limits. • Webb Road from Cogburn Road to Morris Road. • Morris Road from Bethany Bend to Deerfield Parkway. • Deerfield Parkway from the City Limits to State Route 9 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. 1 ,1_, 1-1 1 7r,. ? t :� _ 28 1 103 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. The City desires to have all work completed by December 22, 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 ten (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 Labor Day, Veterans Day, Thanksgiving, and Christmas. 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. 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. 29 1 103 �• , 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. 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. Contractor shall be responsible for coordinating any utility relocation necessary to the completion of the work. 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, 107.09 and 150. Traffic whose origin and destination is within the limits of the project shall be provided ingress and egress at all times unless otherwise specified by the City. The ingress and egress includes entrances and exits VIA driveways at various properties, and access to the intersecting roads and streets. The Contractor shall maintain sufficient personnel and equipment (including flaggers and traffic control signing) on the project at all times, particularly during inclement weather, to insure that ingress and egress are safely provided when and where needed. 1 t 1 - (' t' I' 1-1 <? c 30 1 103 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, public convenience and safety will not be paid for separately and shall be incidental to other pay items. 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. CONCRE'T'E SIDEWALKS AND ADA RAMPS This work shall consist of the installation of new 5' sidewalk and ADA compliant ramps. The Contractor will install the new sidewalk in accordance with GDOT Standard Specifications Sections, Article 441. Ramps will be constructed in accordance to GDOT detail A3 that replaces GA Standard 9031 W and must meet Federal ADA standards with regard to slope and grade and shall be constructed using 3000 psi concrete (class A). The Contractor shall inspect the locations EP ;a { 31 1103 specified in the bid to determine the extent of work necessary to construct or upgrade each ramp. The Contractor is to select the ramp type to be used based on the site conditions and configuration of existing sidewalk present unless specifically indicated. In some circumstances the Contractor can install detectable warning panels if existing ramps are constructed to at the proper grade and slope. Expansion joints shall be placed at an interval of 40 feet on center throughout the sidewalk length and at all interfaces with existing sidewalk or structures. The surface of the sidewalk and subgrade shall not exceed a cross slope of 2%. This slope shall be directed to the street unless otherwise directed by the City. The forms shall be made of steel or wood to insure the accurate maintenance of lines and grades. Flexible strips may be used where necessary on curves. After forms are completely set in place the contractor shall have the forms inspected by the city prior to pouring concrete. All new concrete sidewalks shall be a minimum of 4 inches thick and shall meet the GDOT specifications for Portland Cement Concrete. The subgrade shall be thoroughly moistened and the concrete shall be deposited to the proper depth. The concrete along the edges of the forms shall be well spaded against the forms and the concrete shall be struck off until all voids are removed and the surface has the required grade and cross section. The surface shall be struck off with a straight edge, floated and troweled just enough to produce a smooth dense surface, free from irregularities. Brushing crosswise with a fine hare brush or broom is required to produce a non -slip surface. All joints and edges shall be rounded to a radius of one-quarter (1/4) inch with an approved finishing tool. The City reserves the right to reject any sidewalk segments not finished in accordance with these standards or finished in a professional and workmanlike manner. All sidewalk sections that are rejected by the City shall be removed and replaced by the Contractor at no additional charge. The Contractor is responsible for protecting the sidewalk from the elements, travel and vandalism. After the concrete has set sufficiently, but not more than 3 days, the forms shall be removed and the spaces shall be backfilled with topsoil. The area between the sidewalk and the curb shall be graded to slope toward the curb and allow drainage to flow toward the curb after sod installation. The removal and disposal of existing curb and other concrete to construct or upgrade each ramp and construct sidewalk along with any clearing, grubbing, tree and shrub trimming or removal that impacts construction shall be considered incidental. 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 i.t B 1 71-V,W 1 321103 to perform clean-up activities may result in suspension of the work. i.B 1 7-11tV 1 2 11�i c 331103 { ry .... .. ._ .i t .¢. �. G5 ] E .� V _ �= LP h "C! Li) M e Mi? mrz L u am Aj �1 71 r�= c r m x b mrx e L 7 -� �-' rI tF: iii r 'i m is M Z 7 rq m UI u� LIF CF G, -TIER. ri lj- 173 ii.-�: m I t y U LQ LO rri E AL _ Fj, ?` I ith 2- 'aa m rq m HAN CF m 1 J' k4 71 I � t 1 y _ V Iu , I 1 '} a im f, ;77 M m Z, Cx r4im 5AI Cm x --<Z5 FA M ire r.Erri 0 m z M X"i 7-1 rt, 77 4L cl -4 m /VAJ "1 41 rq O�t ,r - z ct "f M2: j Ov AN Cl -A -Tj _(Ur"t --4 rn 0 tZo - 713 j;Ao mm m Al Ln r, -,r F m xi m Mcm m m -t 0 1 me x -q -ns' r1n, -n k"n 11 rnm 1 FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE Event: Release of ITB Deadline for Written Questions Date: September 7, 2017 September 18, 2017 @ 5:00 PM *Submit via E -Mail (preferred) or Fax to Honor Motes of Purchasing Office City of Milton Addendum (on or about) September 20, 2017 (Official answers to questions and potential changes to ITB. Addendum will be posted at the same web locations as the ITB) October 3, 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) Notice to Proceed Issued (On/about) October 16, 2017 October 17, 2017 I _i` B i 1' NV 1 , �' .� � 37 1 103 e1, • of .0 ITB 17-PWI2 Upon receipt of docvments, please email, fax or mail this page to: City of Milton Att n: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 �F� TwMymn-gim"w q, -eferenced ITB. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: ZIP: PHONE: FAX - Signature ADDENDUM #1 =b - ITB 17 -PW 12 Addendum #I 1 1 1. Should we purchase the plans or they are free? This project does not have plans associated with it. It is more of a maintenance project. The Contractor will be replacing broken sidewalk segments and fixing trip hazards on the roads listed in the bid. There are multiple locations on these •.• and the locations will • marked prior to • starting. The City Will meet with the Contractor • these ••• prior to •• starting, and •• over the • • will •- •• 2. Is necessary to have GDOT Prime Contractor? No. The Contractor will need to meet the insurance and bonding requirements called out in the bid. 3. 1 was hoping on information on how to obtain plans and the Manual for this project See the answer to question #1. 4. Also if you have the same info for the Mayfield Road Sidewalk Improvements that would be great! The Mayfield Road Sidewalk Improvements project is a separate project and the addendum for that project can be found on the City website with that bid. 5. 1 wanted to know in which manner we may purchase the drawings, online or in person. See the answer to question #11. 6. 1s it required to be a GDOT Prime contractor No. The contractor will need to meet the insurance and bonding requirements called out in the bid. 7. We were interested in bidding this project and see the package on your site containing all the bid documents and specs but do you have any plans or a map with were these projects will take place as far a stop and start point on all these specific streets? See the answer to question #11. ITB 17 -PW 12 Addendum # 1 1 2 8. Also, do you have an approximate time frame you would like the work to be completed in? The time of completion for the project is ninety (90) calendar days from the datz • the "Notice to Proceed." If weather affects the required completion schedulei The City and selected contractor will negotiate • new completion date. ITB 17 -PW 12 Addendum #1 1 3 �` F HOME OF, # FSTABIAS1 [ED 20,16 Bid Number: Project Name: 17-PW12 FY17 Sidewalk Replacement Project Due Date and Time: Public Works Department October 3, 2017 Number of Pages: 103 Local Time: 2:00pm Milton, GA 30004 ISSUING DEPARTNIENT INFORMATION Issue Date: September 7, 2017 City of Milton Bid Number: 17-PWI2 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: Cumming, Georgia 30041 Bid Number: 17-PWI2 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office 770-752-6792 2006 Heritage Walk Milton, GA 30004 Special Instructions: Deadline for Written Questions 58-2077615 September 18, 2017 at 5:00 pm BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE Email questions to Honor Motes at hoiior.tizotesiAcit yqfiitiltoiiga.its BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Tri Scapes, Inc. 1595 Peachtree Parkway, Suite 204-396 Aulthoriked Bidder Signator Cumming, Georgia 30041 Tease(�:'or leas me and sl i ink) President1CF0 Bidder Phone Number: Bidder FAX Number: 770-752-4698 770-752-6792 Bidder Federal I.D. Number: Bidder E-mail Address: 58-2077615 rmartin@triscapes.com BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE I T 1:1 1 7-P �,V 1 2 11 a g c 11103 HOME ESTABLISHED 2006 o e U 1911. • r , TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 001 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 -PW -12 F'Y17 Sidewalk Replacement 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 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 I T 13 1? -11W12 1' 1 g c 101103 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 total bid Dollars ($ (Five Percent of Amount Bid). If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed 1 09/27/17 Bidder fin-ther declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this 3rd day of October ) 20 17 Bidder Tri Scapes, Inc. (Seal) Company Name Bidder Mailing Address: 1595 Peachtree Parkway Suite 204-396 Cumming, Georgia 30041 Signature: Print Name: Rebecca Martin Title: PresidentlCFO ITB 1 7-f'\V 1 2 111103 BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): Tri Scapes Inc 1595 Peachtree Pkwy. ##204-396 Cumming GA 30041 SURETY (Name and Address of Principal Place of Business): Hartford Fire Insurance Company, One Hartford Plaza, Iiartford, CT 06155 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: 10/3/17 PROJECT (Brief Description Including Location): FY17 Sidewalk Replacement Project BOND BOND NUMBER: N/A DATE (Not later that Bid due date): 10/3/17 PENAL SUM: Five Percent (5%) of Principal's Bid (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. BIDDER SURETY Tri Scapes, Inc. (Seal) Hartford Fire Insurance Company(Seal) Bidde -'s ani and Corporat ea, a d Corporate Seal �7 Surety's Nan'17 By. a7' BYL SignatVre and Title:t�ece��cY�},� `��j,�cv Signature and tile: Carolyn F. Smith Attest:lGtj -----'' (Attach Power of Attorney) Attorney -In -Fact Attest: Signature a1d 7&0e/: Signature and Title: DebM J. McKee Account Manager 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. ITB 17 -PW 1 2 Page 121 103 I . Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. This obligation shah 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 written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 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 ITB 17 -PW 12 Paye 13l 103 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 udder the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. CTB 17 -PW 12 Page 141103 Direct InquirieslClaims to: THE HARTFORD F T BOND, One Hartford Plaza POWE"R OHartford, Connecticut 06155 B Ond.Cia ims(cDthehartford.com call: 888-266-3488 orfaz: 860-757-5835 Agency Name: POINTENORTH INSURANCE GROUP LLC KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code; 20-262197 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized wider the laws ofthe State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of'the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the,State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited : Robert J. Ryan of Atlanta GA, Marilyn Broom, Keith H. Dillon, Joy Dooley, Angie E. Ferguson, Christy Lackey, John Langsfeld, Fred R. Mitchell, Madalyn H. Seiffert, William H. Skeeles, Rita L. Smith, Carolyn F. Smith, Billie Jo Whitehead of ATLANTA, Georgia their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by 0, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing tate fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. •}�.'rY ttpp yam' �s y ��,vrtrs � �*sl _ .L�°'�"10 :,3. r''W1 i • tg79 � Spg9 :.�i John Gray, Assistant Secretary M. Ross Fisher, Senior Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 11th day of January, 2016, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. . �.sr ? %- l " / Nora M. Stranko �� Notary Public CERTIFICATE `9y Commission Expires March 31,20 18 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of October 3, 2017 Signed and sealed at the City of Hartford. 1667 s R } . °'.`iaulcv /ealARat .1970�w`3 187a I97'} d "�. � }!r` iy � r +� s+" e j.. .. }$m �4 +^ ek .• �''s` � .c''%""f G, �r t >.,, _ .� �w'C� iR 't xy� •hT; '�" �„*+.slar� • ~i:. W .`7 Kevin Heckman, Assistant Vice President POA?UI& HOME OF E'S- w.+J /'JL . - FSTAI!i.tsnF:n 2006 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 butf'nbt limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10- 20 et seq. have not been violated and wil -10 -be violated in any respect. Authorized Signature � � 1� / Date 10/03/17 Print/Type Name Rebecca Martin Print/Type Company Name Here Tri Scepes, Inc. CORPORATE CERTIFICATE Assistant 1, Mitzi Chambers , certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that Rebecca Martin who signed said bid in behalf of the Contractor, was then (title) PresidentlCFO of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of Georgia This 3rd day of October ) 20 17 ma" fir (Seal) (Signatare) IT13 1 i' -11\V 12 11a1_1e 151103 HOME OF'�ESTABLISI I ED 2006 ldodo not x propose tosubcontract 000'uofthe work nuthis project. l propose toSubcontract work tVthe following subcontractors: Company Name: Tri Scapes, Inc. |TB 17-13VY12 Png, 16|l03 HOME OF '. s`s= r:STAiii.isl ED 2006 [BIDDERS D CONTRACTOR AFFIDAVIT 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: 123689 eVerify Number 06/02/08 Date of Authorization Tri Scapes, Inc. Name of Contractor FYI Sidewalk Replacement Project Name of Project City of Milton Name of Public Employer hereby declare under penalty of perjury that the foregoing is true and correct. Execute on Oct. , 3 , 201.7 in (city), GA/ (st te). %/ miming Signature of Authorized Officer or Agent Rebecca Martin Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 3rd /DAY OF October g 7, .`,`"®-�� J CHgA� NOI�RYtI'UBLIC •aCJoM�s§ioN-c�.�cR®® [NOTARY SEAL] `: /BUG •• My Commission Expires: ,y OGtk19.2o,�fl.,. CjQ�` UNI I'l*E3 1 7-t'W I 11a g e 171103 GREEN ROAD ISFAIIHSFILD 2006 ITEM ITEM UNIT TOTAL UNIT TOTAL NUMBER DESCRIPTION UNITS QUANTITY PRICE AMOUNT 441-0016 Driveway Concrete 6 IN SY so $ 64.16 s 3,208.00 441-0104 Concrete Sidewalk 4 IN. SY 120 $ 46.62 s 5,594.40 441-6012 Curb & Gutter Type 2 LF so $ 23.36 s 1,168.00 441 -Ramp Concrete 9031 Ramps EA 6 $2,629.65 $ 15,777.90 TOTAL $ 25,748.30 Rirminuharn Hwv SR 372 ITEM ITEM UNIT TOTAL UNIT TOTAL NUMBER DESCRIPTION UNITS QUANTITY PRICE AMOUNT 441-0104 Concrete Sidewalk 4 IN. SY 250 $ 46.62 $ 11,655.00 441 -Ramp Concrete 9031 Ramps EA 6 $2,629.65 $ 15,777.90 TOTAL s 16,914.30 ITEM ITEM UNIT TOTAL UNIT TOTAL NUMBER DESCRIPTION UNITS QUANTITY PRICE AMOUNT 441-0104 Concrete Sidewalk 4 IN. SY 640 $ 46.62 s 29,836.80 441 -Ramp Concrete 9031 Ramps EA 6 $2,629.65 $ 15,777.90 TOTAL $ 45,614.70 Webb Road ITEM ITEM UNIT TOTAL NUMBER DESCRIPTION UNITS QUANTITY PRICE AMOUNT 441-0104 Concrete Sidewalk 4 IN. SY 75 $ 46.62 $ 3,496.50 IT 17 PV(|Z pI81103 Curb & Gutter Type 2 1 LF npprfivlrl PnrkxAiav 23.361 s 1,1 dau ITEM ITEM UNIT TOTAL NUMBER DESCRIPTION UNITS QUANTITY PRICE AMOUNT 441-0104 5° Concrete Sidewalk 4 IN. SY 80 $ 46.62 s 3,729.60 441-0104 8• Concrete Sidewalk 4 IN. SY 65 $ 46.62 $ 3,030.30 441-6092 Curb & Gutter' 2 LF 1oa $ 23.36 $ 2,336.00 TOTAL $ 9,095.80 Morris Read ITEM ITEM UNIT TOTAL NUMBER DESCRIPTION UNITS QUANTITY PRICE AMOUNT 441-0104 Concrete Sidewalk 4 IN. SY 230 $ 46.62 s 10,722.60 441-6012 Curb & Gutter Type 2 LF 100 $ 23.26 $ 2,336.00 441 -Ramp Concrete 9031 Ramps EA 2 $2,629.65 $ 5,259,30 TOTAL $ 18,317.90 Print 'Total Bid Price $ One hundred twenty thousand, three hundred fifty-five and 60/100 dollars 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) 90 days I.FB 1 7-11\V 1 2 PLi-,e 191103 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 Tri Scapes, Inc. ADDRESS 1595 Peachtree ParkWay, juite 204-396, CuTr ipg, Georgia 3004 r P f,' / . AUTHORIZED SIGNATURE PRINT/ TYPE NAME Rebecca Martin TITLE President1CF0 I I11, 1 7-P \V 1 2 Psi< -,c 20(103 HOME OF ' t ==r E. STA B L(S H LD 2006 117111 A .. 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 Tri Scapes, Inc. Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) None List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description N/A N/A Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: N/A N/A I I`t� 1 7-1' ;1 1 2 11aygt 211103 SIA"LIN I iLD ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 17-PWI2 Upon receipt of documents, please email, fax or mail this page 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@cityofrni1tonqa. us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: TO Scapes, Inc. CONTACT PERSON: Rebecca Martin ADDRESS: 1595 Peachtree Parkway, Suite 204-396 CITY: —Cumming STATE: Georgia — ZIP: 30041 PHONE: 770-752-4698 IL JkDDRESS: rmarti FAX: 770-752-6792 09/27/17 Date ITB 17 -PW 12 Addendum # 1 1 1 _- -1 ® DATE (MMIDD/Yl'YY) CERTIFICATE F LIABILITY INSURANCE 10/D6/2017 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT .Stephanie Smith, CISR NAME: PointeNorth Insurance Group, LLC AHO No Ext): (770)858-7540 FAX No : (770)858-7545 EMAIL ssmitl@pointenorthins.com ADDRESS: PO Box 724728 INSURER(S) AFFORDING COVERAGE NAIL #. wsURERA: Middlesex Insurance Company A+ 23434 Atlanta GA 31139 INSURED INSURER B:. National Liability & Fire Insurance Co A++ 20052 INSURER C: Tri Scapes, Inc. QR Martin INSURER D 1595 Peachtree Pkwy #204-396 INSURER E: INSURER F: Cumming GA 30041 COVERAGES CERTIFICATE NUMBER: 16/17 Pkg, 17/18 WC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCEAUULbUbR INSD WVD POLICYNUMBER POLICY EFF MM/DDIYYYY POLICY EXP MMIDDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE ®OCCUR IIA IAGTNE-) PREM, TT:o.E cu ren $ 100,000 MED EXP (Any one. person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 A Y Y A0074153 12/01/2016 12/01/2017 GEN'LAGGREGATELIMITAPPLIES.PER, GENERAL AGGREGATE $ 2,000,000 POLICY PRO ❑ LOC JECT PRODUCTS - COMPlOP AGG :$ 2;000.,000 Employee Benefits $ 12 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident BODILY INJURY (Per person) $ ANYAUTO A OWNED SCHEDULED AUTOS ONLY ..AUTOS Y Y A0074153 12/01/2016 12/01/2017 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Peraccident HIRED .NON -OWNED AUTOS ONLY AUTOS ONLY 9001 $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 A EXCESS��LIIAB CLAIMS -MADE Y Y A0074153 -Follow Form 12/01/2016 12/01/2017 DED /O RETENTION $ 101000 $ B WORKERS COMPENSATIONSTATUTE AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) N/A Y V9WC820485 07/01/2017 07/01/2018 EORH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY. LIMIT $ 1,000,000 A Leased & Rented Equipment Installation Floater A0074153 12/01/2016 12/01/0207 Limit $35,000 Limit $100,000 DESCRIPTION OF OPERATIONS./ LOCATIONS.I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: FY17 Sidewalk Replacement Project SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Milton ACCORDANCE WITH THE POLICY PROVISIONS. 2006 Heritage Walk AUTHORIZED. REPRESENTATIVE Milton GA 30004 1 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD N i See Exhibit "A u w W.4 to," 0 111 m 11 MRS Fol M "EXHIBIT D.1" PERFORMANCE BOND 20BCSHQ4602 CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Tri Scgpes, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and Hartford Fire Insurance Company (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY'), are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of the City, in the sum of One hundred twenty thousand, three hundred fifty-five dollars and sixty cents ($120,355.60), 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. WHERE, AS, 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 FY 17 Sidewalk Replacement 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, 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 fall 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 perforin its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor's Surety hereby waives notice of any and all modifications, omissions, additions, changes, and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact, as set forth below. CONTRACTOR: Tri Scapes, I C. By: � � L4' -\ (signature) ebe6e,t, A�Apl (printed) Title: Pres0zv4-tJ (SEAL) Date: W � o I t-7 Attest: (signature) /wr / mr)AU641 (printed) Title: i/ Ssf -,;edm- w Date: V) � 1 ) t 1 1 'S SURETY: Christy Lackey (printed) Title: Attorney In Fact (SEAL) Date: k D t 13 I r Attest: jignature) Karin Maynard (printed) Title: Account Manager Date: `c) � 1-3 11 `7 (ATTACH SURETY'S POWER OF ATTORNEY) "EXHIBIT •279 OW ALL MIEN BY THESE PRESENTS THAT Tri Scapes, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and Hartford Fire Insurance Company (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 One hundred twenty thousand three hundred fifty-five dollars and sixty cents ($120,355.60), 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. VJJE REAS, 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 Sidewalk Replacement 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 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 VVIIEREOF, 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] Attest: (signature) Z., u l v &W4w.; (print) Title: a � ere Date: 101 l 5 h - CONTRACTOR ("Principal"): Tri Scapes, Inc ( By: (�' �- U'l� (signature) Tleloe, c,, (print) Title:le5f d (SEAL) Date: uL�13tt-7 CONTRACTOR'S SURETY: Hartford Fire Insurance Company Christy Lackey Title: Attorney In Fact Attest: Date:)�" gnature) Karin Maynard (print) Title: Account Manager Date: l6,1 31 n (ATTACH SURETY'S POWER OF ATTORNEY) signature) (print) (SEAL) Agency Name: POINTENORTH INSURANCE GROUP LLC KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 20-262197 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, it corporation duly organized under the laws of the State of Connecticut I� Hartford underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut OTwin City Fire Insurance Company, a corporation duly organized under the laws ol'the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, uptotheamountof unlimited : Robert J. Ryan of Atlanta GA, Marilyn Brown, Keith H. Dillon, Joy Dooley, Angie E. Ferguson, Christy Lackey, John Langsfeld, Fred R. Mitchell, Madalyn H. Seiffert, William H. Skeeles, Rita L. Smith, Carolyn F. Smith, Billie Jo Whitehead of ATLANTA, Georgia their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. Tr iyU e!wwr �5 �y,Ills .: br w,y� rr" w r9- '' .��YI> n I, � r°�,.ce•.re.i � • �O�r _4rP M1 j����- -� 'vtA�Gu' f9B7 + C a P,e]I�t.nlvla �•anM t979je E ;�•�1970i ?I9Y9 r �'�eri� 4�"•evv jip'�' ��� 'i • ',-h'�, 'rr r•aiti �n•r•. 4 eyAa`' t John Gray, Assistant Secretary M. Ross Fisher, Senior Vice President STATE OF CONNECTICUT Hartford COUNTY OF HARTFORD On this 11th day of January, 2016, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations, that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. �M. ar •� R Nora hl. SIr:m6u Nor:uy Public CERTIFICATE My Commission Expues Mord 31, 21118 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Signed and sealed at the City of Hartford. a ,fir g _ .`,rnaniv� •♦��•ar�w► � c�: 1979 1970.,-Z- I9'I9 • Yk>: _' .r� �i 'b••�• ip � ?R • .,^'ci gvr5 ••ru•'-�Floeod.-i� Kevin Heckman, Assistant Vice President ®m Direct Inquiries/Claims to: THE HARTFORD OF ATTORNEY One Hartford Plaza BONnectic POWER Hartford, Connecticut 06155 Bond.Claims(aDthehartford.com call. 888-266-3488 or fax: 860-757-5835 Agency Name: POINTENORTH INSURANCE GROUP LLC KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 20-262197 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, it corporation duly organized under the laws of the State of Connecticut I� Hartford underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut OTwin City Fire Insurance Company, a corporation duly organized under the laws ol'the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, uptotheamountof unlimited : Robert J. Ryan of Atlanta GA, Marilyn Brown, Keith H. Dillon, Joy Dooley, Angie E. Ferguson, Christy Lackey, John Langsfeld, Fred R. Mitchell, Madalyn H. Seiffert, William H. Skeeles, Rita L. Smith, Carolyn F. Smith, Billie Jo Whitehead of ATLANTA, Georgia their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. Tr iyU e!wwr �5 �y,Ills .: br w,y� rr" w r9- '' .��YI> n I, � r°�,.ce•.re.i � • �O�r _4rP M1 j����- -� 'vtA�Gu' f9B7 + C a P,e]I�t.nlvla �•anM t979je E ;�•�1970i ?I9Y9 r �'�eri� 4�"•evv jip'�' ��� 'i • ',-h'�, 'rr r•aiti �n•r•. 4 eyAa`' t John Gray, Assistant Secretary M. Ross Fisher, Senior Vice President STATE OF CONNECTICUT Hartford COUNTY OF HARTFORD On this 11th day of January, 2016, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations, that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. �M. ar •� R Nora hl. SIr:m6u Nor:uy Public CERTIFICATE My Commission Expues Mord 31, 21118 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Signed and sealed at the City of Hartford. a ,fir g _ .`,rnaniv� •♦��•ar�w► � c�: 1979 1970.,-Z- I9'I9 • Yk>: _' .r� �i 'b••�• ip � ?R • .,^'ci gvr5 ••ru•'-�Floeod.-i� Kevin Heckman, Assistant Vice President ®m MAINTENANCE ! 1Q.,r CITY O;MILTON,GEORGIA KNOW ALL. MEIN BY 'THESE PRESENTS THAT Tri Scapes, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and Hartford Fire Insurance Compan (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 forty thousand, one hundred and eighteen dollars and fifty three cents ($40,118.53), 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 Sidewalk Replacement Project (hereinafter referred to as "the Project"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "Contract"). 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 two (2) years beginning on the date of final completion of the Project, repair and replace any defects arising from the Project in accordance with all applicable federal and state laws, with the Agreement, and with all applicable City regulations, 'including but not limited to the Code of Ordinances for the City of Milton, Georgia, in force as of the date of said approval. NOW TREREFORE, the conditions of this obligation are as follows: 1.That if the Principal shall repair and replace any and all defects arising from the Project, whether resulting from defective materials or defective workmanship, 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, 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 YMERE OF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact, as set forth below. A est: i��+ + �"l.Q -gnature) W t T a h �-u-s (print) Title: kla. %. Date: to 1 171 Irl Attest: tgnature) Maynard (print) Titic: Account Mana_ec�r Date: 10/16/2017 CONTRACTOR ("Principal"): Tri Scapes, Inc. By: tU��'�—� (signatzire) - ('i1 1 RoQ�il� (print) Title: (SEAL) Date: CONTRACTOR'S SURETY: Hartford Ftellnsyrance Pompan By: (signature) Christy Lackey _ (print) Title: Attorney In Fact _ (SEAL) Date: 10/16/2017 (ATTACH SURETY'S POWER OF ATTORNEY) Direct Inquiries/Claims to; THE HARTFORD BOND, T-12 P""'WIER 0"A"ORNIE' One Hartford Plaza Hartford, Connecticut 06155 bond. claims(d)thehartford.com call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: POINTENORTH INSURANCE GROUP LLC Agency Code: 20-262197 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut 0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws ,ofthe State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation; duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Robert J. Ryan of Atlanta GA, Marilyn Brown, Keith H. Dillon, Joy Dooley, Angie E. Ferguson, Christy Lackey, John Langsfeld, Fred R. Mitchell, Madalyn H. Seiffert, William H. Skeeles, Rita L. Smith, Carolyn F. Smith, Billie Jo Whitehead of Atlanta, GA their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, and any and all Surety Bonds and any and all consents required by the Kentucky Department of Transportation incident to the release of retained percentages and/or final estimates on engineering and/or construction contracts 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 a ctions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bo and by any mechanically applied signatures applied to this Power of Attorney. w� ok"414,00V 7woft" •`�§!L,, kr sm 1i�ii'c.lT.�l,.i.. tB,SP.. .`+.b`r`s�� ° w° 4sa4� pP�' i�.�V?z�a�I9 7e°1'1Wiozyk F > 4 :.••.. ;�r'� 3'�+„r„rfi 79TH.. =� °M.�'eN PA a }� • •�.. �i /aPiel� .�•Aj� John Gray, Assistant Secretary STATE OF CONNECTICUT SS. Hartford COUNTY OF HARTFORD M. Ross Fisher, Senior Vice President On this I I"i day of January 2016, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said ins trument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. x°' '� `Ka�I.QEV•..T /cfDiB-Y�G�iX�. ° * Kathleen T. Maynard Notary Public CERTIFICATE My Commission Expires July 31, 2021 1. the undersigned; Assistant Vice President of the Companies; DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of 10/16/2017 Signed and sealed at the City of Hartford. a"n'F V �4P P•� JJ'�.'.'.f 9 d7 s. C w \,GE9e1P ft . ^ a 4,�$ 9► �. r.+4 3n:�vcR,� a' Oso �k►g r wK ati�T'pgawJ� �r®ar��` zi,497 ; =SLIe7see ' i9T9 a: * r�'�, -� �'�.asso i►R a ].'��ti $ • � ''•; iiiRaiS° 4ei�le' •�:.�� f Kevin Heckman, Assistant Vice President "EXHIBIT E" NONCOLLUSION AFFIDAVIT OF PRIME BIDDER STATE OF Georgia COUNTY OF Forsyth Rebecca Martin , being first duly sworn, deposes and says that: (1)sHe is PresidentjCFO (Owner, Partner, Officer, Representative, or Agent) of Tri Scapes, 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. Signa ure 6f Authorized O (icer or Agent Rebecca Martin, PresidentjCFO Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWQRN BEFORE ME ON THIS THE PM DAY OF 20/7. Nota b c oM�ssioH [NOTARY SEAL] _ 00 My Commission Expir4o- JBL G o•; ° O °oi,F� OUN1`\�\\N� �rii►I% I f, I, , hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by or any of its subcontractors in connection with the construction of for City of Milton, Georgia have been paid and satisfied in full as of , 20 , and that there are no outstanding obligations or claims of any kind for the payment of which City of Milton, Georgia on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. Signature Title Personally appeared before me this day of , 20 , who under oath deposes and says that he is of the firm of , that he has read the above statement, and that to the best of his knowledge and belief same is an exact true statement. Notary Public [NOTARY SEAL] My Commission Expires STATE OF Georgia COUNTY OF Forsyth "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: 123689 Federal Work Authorization User Identification Number 06/02/08 Date of Authorization Tri Sca es Inc Name of Contractor FY 17 Sidewalk Replacement 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 12-12011 in 041MMA V (city , (state). Sighature of Authorize8 Officer or Agent Rebecca Martin, PresidentJCFO Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE /2-1k DAY OF 20_. Nota lic `01111111111 [NOTARY SEAL] ��� CHAtij Si •e�9tS� iii My Commission Expired �f�p`r0• T res C 9 ' p� •.•gyp .ty19.2..��� cOUN,,`�.���� "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 Tri Scapes, 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 FYI Sidewalk Replacement Project Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF .201 . NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: See Exhibit A. Defined Terms. Terms used in this Agreement shall have their ordinary meaning, unless otherwise defined below or elsewhere in the Contract Documents. (i) "Substantial Completion means when the Work or designated portion thereof is complete in accordance with the Contract Documents so that any remaining Work includes only (1) Minor Items that can be completed or corrected within the following thirty (30) calendar days, (2) Permitted Incomplete Work that will be completed by the date agreed upon by the Parties, and (3) any Warranty Work. Substantial Completion shall require complete operation of all applicable building systems including, but not limited to, mechanical, electrical, plumbing, fire protection, fire alarm, telecom, data, security, elevators, life safety, and accessibility (if any). (ii) "Minor Item" means a portion or element of the Work that can be totally complete within thirty (30) calendar days. (iii) "Permitted Incomplete Work" means Work that is incomplete through no fault of the Contractor, as determined by the City in its sole discretion. (iv) "Final Completion" means when the Work has been completed in accordance with terms and conditions of the Contract Documents. B. Payment for Work Completed and Costs Incurred. City agrees to pay the Contractor for the Work performed and costs incurred by Contractor upon certification by the Contract Administrator and the City that the Work was actually performed and costs actually incurred in accordance with this Agreement. Payment shall be based on the value of the Work completed, as provided in the Contract Documents, plus the value of materials and equipment suitably stored, insured, and protected at the construction site, and, only if approved in writing by the City (which approval shall be given at the sole discretion of the City), such materials and equipment suitably stored, insured, and protected off site at a location approved by the City in writing, less retainage (as described below). Compensation for Work performed and reimbursement for costs incurred shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed and costs incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon final payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. 44-14-366. The City shall pay the Contractor within thirty (30) calendar days after approval of the invoice by City staff, less any retainage as described in Section D below. No payments will be made for unauthorized work. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered, though the Contractor may arrange to pick up payments directly from the City or may make written requests for the City to deliver payments to the Contractor by Federal Express delivery at the Contractor's expense. C. Evaluation of Payment Requests. The Contract Administrator will evaluate the Contractor's applications for payment and will either issue to the City a Certificate for Payment (with a copy of the Contractor's application for payment) for such amount as the Contract Administrator determines is properly due, or notify the Contractor and City in writing of the Contract Administrator's reasons for withholding certification in whole or in part. The Contract Administrator may reject Work that does not conform to the Contract Documents and may withhold a Certificate of Payment in whole or in part, to the extent reasonably necessary to protect the City. When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. Even following a Certificate of Payment, the City shall have the right to refuse payment of any invoice or part thereof that is not properly supported, or where requests for payment for Work or costs are in excess of the actual Work performed or costs incurred, or where the Work product provided is unacceptable or not in conformity with the Contract Documents, as determined by the City in its sole discretion. The City shall pay each such invoice or portion thereof as approved, provided that neither the approval or payment of any such invoice, nor partial or entire use or occupancy of the Project by the City, shall be considered to be evidence of performance by the Contractor to the point indicated by such invoice, or of receipt or acceptance by the City of Work covered by such invoice, where such work is not in accordance with the Contract Documents. D. Final Payment and Retainage. The City and Contractor shall comply with the provisions of O.C.G.A. § 13-10-80. The Contractor through each invoice may request payment of no more than ninety percent (90%) of that portion of the Work completed during the term covered by such invoice until fifty percent (50%) of the Maximum Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City. Payment for the remaining ten percent (1.0%) of Work completed and covered by such invoices shall be retained by the City until Substantial Completion. Once fifty percent (50%) of the Maximum Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City, no additional retainage shall be withheld, except as provided below. All amounts retained by the City shall be held as a lump sum until Substantial Completion of the Work, regardless of earlier completion of individual component(s) of the Work; provided, however, that, at the discretion of the City and with the written approval of the Contractor, the retainage of each subcontractor may be released separately as the subcontractor completes his or her work. If, after discontinuing the retention, the City determines that the Work is unsatisfactory or has fallen behind schedule, retention may be resumed at the previous level. If retention is resumed by the City, the Contractor and subcontractors shall be entitled to resume withholding retainage accordingly. At Substantial Completion of the Work and as the Contract Administrator determines the Work to be reasonably satisfactory, the City shall, within 30 days after the invoice and other appropriate documentation as may be required by the Contract Documents are provided to the City; pay the retainage to the Contractor. If at that time there are any remaining incomplete Minor Items or Permitted Incomplete Work, an amount equal to 200 percent of the value of each Minor Item or Permitted Incomplete Work, as determined by the Contract Administrator in its sole discretion, shall be withheld until such item, items or work are completed. The reduced retainage shall be shared by the Contractor and subcontractors as their interests may appear. The Contractor shall, within ten (10) days from its receipt of retainage from the City, pass through payments to subcontractors and shall reduce each subcontractor's retainage in the same manner as the Contractor's retainage is reduced by the City; provided, however, that the value of each subcontractor's work complete and in place equals fifty percent (50%) of his or her subcontract value, including approved Change Orders and other additions to the subcontract value; provided, further, that the work of the subcontractor is proceeding satisfactorily and the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the Contractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. The subcontractor shall, within ten (10) days from the subcontractor's receipt of retainage from the Contractor, pass through payments to lower tier subcontractors and shall reduce each lower tier subcontractor's retainage in the same manner as the subcontractor's retainage is reduced by the Contractor; provided, however, that the value of each lower tier subcontractor's work complete and in place equals fifty percent (50%) of his or her subcontract value, including approved Change Orders and other additions to the subcontract value; provided, further, that the work of the lower tier subcontractor is proceeding satisfactorily and the lower tier subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the subcontractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. Final payment of any retained amounts to the Contractor shall be made after certification by the Contract Administrator that the Work has been satisfactorily completed and is accepted in accordance with the Agreement and Contract Documents. Neither final payment nor any remaining retainage shall become due until the Contractor submits to the Contract Administrator (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or City property might be responsible or encumbered (less amounts withheld by City) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance, required by the Contract Documents to remain in force after final payment, is currently in effect and will not be canceled or allowed to expire until at least thirty (30) calendar days prior written notice has been given to the City; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment, (5) a release or waiver of liens, claims, security interests, and encumbrances by all subcontractors and material suppliers, and (6), if required by the City, other data establishing payment or satisfaction of obligations, such as receipts, to the extent and in such form as may be designated by the City. If a subcontractor or material supplier refuses to furnish a release or waiver as required by the City, the Contractor may furnish a bond satisfactory to the City to indemnify the City against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the City all money that the City may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. Acceptance of final payment by the Contractor, a subcontractor or material supplier shall constitute a waiver of claims by that payee, except those claims previously made in writing and identified by that payee as unsettled at the time of final application for payment. "EXHIBIT J" 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: not applicable. "EXHIBIT K" The City will be administering the contract itself Nal TO: FROM: MILTONt ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: October 30, 2017 Steven Krokoff, City Manager AGENDA ITEM: Approval of a Construction Contract for Milton Streetscape Project PI 0011675 by and between the City of Milton and Excellere Construction, LLC. MEETING DATE: Monday, November 6, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (, APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (J -YES (J NO CITY ATTORNEY REVIEW REQUIRED: (,I(ES () NO APPROVAL BY CITY ATTORNEY: (,�IAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: I i I W, I -lot) 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info9dtyofmiltonga.u5 I www.dtyofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer Date: October 30, 2017 for the November 6, 2017 Regular city Council Meeting Agenda Item: Approval of a Construction Contract for Milton Streetscape Project PI 0011675 by and between the City of Milton and Excellere Construction LLC _____________________________________________________________________________________ Project Description: In March of 2013, the Georgia Department of Transportation (GDOT) and the City of Milton executed a Memorandum of Understanding (MOU) regarding preliminary engineering for the PI 0011675 Crabapple Streetscape project. In August of 2016 the City updated the MOU to extend the bid date for the construction of the project. In May of 2017, the City approved a TE Agreement that was executed by GDOT on September 5, 2017. The project was advertised and the City received 6 bids for construction on September 20, 2017. On October 2, 2017 the City approved the bid results and GDOT issued a Notice to Proceed to City with awarding the contract on October 27, 2017. This is the final approval needed to begin construction. Procurement Summary: Purchasing method used: Bid Award-ITB (Over $50,000) Account Number: 340-4101-541401801 Requisition Total: $497,481.45 Vendor DBA: Excellere Construction LLC Other quotes or bids submitted (vendor/$): Vendor/Firm Quote/Bid A1 Contracting $657,000.00 DAF Concrete Inc $619,950.00 Ed Castro Landscape $679.236.24 Tri Scapes Inc $734,095.66 Vertical Earth $722,716.00 Financial Review: Bernadette Harvill (11/2/17) Legal Review: Sam VanVolkenburgh (5/2/17 & 10/17/17) Attachment(s): Construction Contract PROJECT MANUAL City of Milton Streetscape Project SR72; Broadwell Road: Mayfield Road & Mid Broadwell Road @ 4 LOCS. P.I. No. 0011675 Prepared For: City of Milton Fulton County, Georgia 2006 Heritage Walk Milton, Ga 30004 Prepared by: ATKINS 1600 RiverEdge Parkway Suite 600 Atlanta, Georgia 30328 08/24/2017 TABLE OF CONTENTS SECTION A Invitation to Bid B Proposal Form C Instructions to Bidders D Construction Contract E General Conditions F Guarantee G Contractor Federal Aid Certifications, Required Davis Bacon Wage Rates for Highway Construction Projects Dated: (01-06-2017), Required Contract Provisions for Bid Manuals for TE Funded Construction Contracts (2-13-2017) 1. Bidder Qualifications Notice 2. Bid Rigging Notice 3. FHWA -1273 Required Contract Provisions Federal —Aid Construction Contracts, Revised May 1, 2012. 4. Special Provision, Required Contract Provisions Federal -Aid Construction Contracts, First Use October 18, 2013 5. Special Provision, Required Contract Provisions, Federal -Aid Highway Program, Cargo Preference Act Requirements, Effective 2-15-2016. 6. Appendix A, Notice to Contractors, Compliance with Title VI of the Civil Rights Act of 1964 for Federal Aid Contracts. 7. Notice of Requirements for Affirmative Action to Ensure Equal Employment Opportunity. 8. Standard Federal Equal Employment Opportunity Construction Contract Specifications. 9. Georgia Department of Transportation, Disadvantage Business Enterprise Program, Criteria for Acceptability, November 3, 2014. 10. Instructions for List of DBE Participants and DBE Goals Form. 11. Instructions for reporting DBE participation, Revised 06-01-2010 and DBE Participation Form, 12. Special Provisions, Prompt Payment, November 1, 2013 13. Required Contract Provisions, Buy America, Revised November 1, 2013 and Convict Produced Materials, November 1, 2013. 14. Federal Aid Certifications, June 8, 2016 a. Equal Employment Opportunity b. Examination of Plans and Specifications c. Conflict of Interest d. Drug Free Workplace e. Boycott of Israel f. Non -Collusion Certification 15. Georgia Security and Immigration Compliance Act Affidavit, Revised 11/01/2015 Note: Davis Bacon wage rates apply to all projects. The applicable wage rate determination posted on the Davis Bacon web site of the US Department of Labor. http://www.wdol.gov/dba.aspx#0 applies to this project. If a modification is posted less than 10 days before the opening of bids, it shall be effective unless the Sponsor finds that there is not a reasonable time still available before bid opening to notify bidders of the modification and a report of the finding is inserted in the contract file(29CFR 1.6©(3)). H Payment Bond 1 Performance Bond J Bid Bond K SAVE Affidavit L Final Waiver of Lien TS Technical Specifications SPECIAL PROVISIONS Section Description 104 Summary of Work 105 Control of Work 107 Legal Regulations and Responsibility to the Public 108 Prosecution and Progress (Federal Aid Projects) 130 Cutting and Patching 131 Submittals 132 Temporary Construction Facilities 133 Cleaning 134 Project Record Documents 150 Traffic Control 161 Control of Soil Erosion and Sedimentation 162 Erosion Control Check Dams 163 Miscellaneous Erosion Control Items 167 Water Quality Monitoring 171 Silt Fence 201 Clearing and Grubbing Right of Way 230 Lump Sum Construction and Schedule of Values 999 Miscellaneous Construction UC Utility Coordination Invitation to Bid The City of Milton will receive bids for the Milton Streetscape Project until 2:00 p.m. on September 20, 2017, in the City Milton's Finance Department, at Milton City Hall, 2006 Heritage Walk, Milton, Ga. 30004, at which time and place all bids will be publicly opened and read aloud. Bids are to be submitted on a proper form furnished by the City and shall be addressed to the City Milton Finance Department, City Hall, Milton, Georgia, sealed, dated and enclosed in an envelope appropriately marked on the outside 'Proposal for Milton Streetscape Project," PIN: 0011675 marked with the name of the bidder and date and hour of opening, and mailed or delivered to reach the designated office on or before the above stipulated date and time. No bids will be accepted after the 2:00 PM deadline. Those received late will be returned unopened. No extension of the bidding period will be made. Bidding documents may be reviewed at the City Milton's Finance Department Office at the City Hall between the hours of 830 A.M. and 5:00 P.M., Monday through Friday (except holidays). The bidding documents will be posted on the following websites: http://www.cilyofmiltonga.us or http://ssl.doas.state.ga.us/PRSapp/PR indexjsp The scope of the work includes sidewalks, milling and repaving of streets, crosswalks, new curbs, drainage structures, handicap ramps, roadway striping, planting and conduit for street lights. Contract, if awarded, will be on a lump sum basis. No bid may be withdrawn for a period of 120 days after time has been called on the date of opening. Bids must be accompanied by a bid bond in an amount not less than 5% of the base bid A 100% performance bond and a 110% payment bond will be required by of the successful bidder in the combined amount equal to 210% of the contract price. All work will begin within 10 days after the Notice to Proceed has been given to the successful bidder, and will be completed with 240 calendar days of issuance to Proceed Georgia Department of Transportation Standard Specifications 2013 Edition and Supplemental Specifications Book, 2016 Edition and Special provisions shall apply to this project. Attention is called to the fact that this project is funded through the U.S. Department of Transportation. All bidders must be pre -qualified with the Georgia Department of Transportation if bid amount exceeds $2,000,000.00. Bidders submitting bids $2,000,000 or less shall be prequalified or registered subcontractors with GDOT. The contractor must ensure that all employees and applicants for employment are not discriminated against because of their gender, race, color, genetic information, religion, national origin, political affiliation, age, handicapped status, sexual orientation, sexual preference, or gender identity and expression. The provisions of the Disadvantaged Business Enterprise Program shall apply. The DBE goal for this Project is 16%. The Owner reserves the right to reject any or all bids and to waive technicalities and informalities. If the contract is awarded, it will be awarded to the lowest reliable bidder whose proposal shall have met all the prescribed requirements. Bids may be held by the City for a period not to exceed one hundred and twenty days (120) days from the date of the opening of the bids for the purpose of reviewing the bids and investigating the qualifications of the bidders, including investigating the financial stability of the bidders and their demonstrated ability to perform satisfactorily, prior to awarding the contracts. "The City of Milton, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 23 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award." Milton Streetscape Project PIN: 0011675 City of Milton, GA Section B Proposal Form B-1 CITY OF MILTON Mi-...+++ Ill; = IN I I &Jr-Jff--1MM7 U !ui �"L!QadaA LOC% P.I. N2- 0011675. Gentlemen: B-01. We have carefully examined the Invitation for Bids, the latest State of Georgia Department of Transportation Standard Specifications Construction of Transportation Systems, current edition, the Project Manual, and the drawings for the project City of Milton Streetscape Project. We have examined the site and conditions affecting the work. We have received Addendum (a) No(s). I and have included their provisions in this Proposal. 1. INCLUDES ALL BASE BID TE ELIGIBLE STREETSCAPE IMPROVEMENTS; We propose to furnish all services, labor, material, tools, equipment, transportation, supervision and other items necessary to complete the construction in the entirety of the Base Bid (TE ELIGIBLE STREETSCAPE IMPROVEMENTS) in accordance with the Project Manual and Drawings, for the lump sum of THREE HUNDRED SIXTY THOUSAND, SEVEN HUNDRED TWENTY FOUR AND 30/100 DOLLARS Dollars ($ 2. INCLUDES ALL BASE BID TE ELIGIBLE AND NON TE ELIGIBLE STREETSCAPE IMPROVEMENTS: We propose to furnish all services, labor, material, tools, equipment, transportation, supervision and other items necessary to complete the construction in the entirety of the TE ELIGIBLE and NON TE ELIGIBLE STREETSCAPE IMPROVEMENTS in accordance with the Project Manual and Drawings, for the lump SUM Of THREE HUNDRED SIXTY FIVE THOUSAND, SIX HUNDRED EIGHTY SEVEN AND 00/100 DOLLARS Dollars 365,687.00 3. INCLUDES ALL BASE BID (TE AND NON TE) ELIGIBLE STREETSCAPE IMPROVEMENTS, PLUS ADDITIVE ALTERNATE fl -f LANDSCAPING IMPROVEMENTS, We propose to furnish all services, labor, material, tools, equipment, transportation, supervision and other items necessary to complete the construction in the entirety of the Base Bid (TE ELIGIBLE AND NON TE ELIGIBLE STREETSCAPE IMPROVEMENTS), PLUS ADDITIVE ALTERNATE #1 BID LANDSCAPE ITEMS in accordance with the Project Manual and Drawings, for the lump sum of THREE HUNDRED SEVENTY SEVEN THOUSAND, NINE HUNDRED THIRTY NINE AND 60/100 DOLLARS Dollars $ 4. INCLUDES ALL BASE BID (TE AND NON TE) ELIGIBLE STREETSCAPE IMPROVEMENTS, PLUS ADDITIVE ALTERNATE #1 LANDSCAPE AND ADDITIVE ALTERNATE #2 MILLING AND OVERLAY ROADWAY ITEMS. We propose to furnish all services, labor, material, tools, equipment, transportation, supervision and other items necessary to complete the construction in the entirety of the Base Bid (TE ELIGIBLE AND NON TE ELIGIBLE) STREETSCAPE IMPROVEMENTS), PLUS ADDITIVE ALTERNATE #1 LANDSCAPE AND ADDITIVE ALTERNATE #2 MILLING AND OVERLAY ROADWAY ITEMS in accordance with the Project Manual and Drawings, for the Jump SUM of FOUR HUNDRED SIXTY SEVEN THOUSAND SIX HUNDRED Dollars $ TWENTY SEVEN AND 75/100 DOLLARS Milton Streetscape Project PIN: 0011675 City of Milton, GA Section B Proposal Form B-2 5. INCLUDES ALL BASE BID (TE AND NON TE) ELIGIBLE STREETSCAPE IMPROVEMENTS, PLUS ADDITIVE ALTERNATE #1 LANDSCAPE; ADDITIVE ALTERNATE #2 MILLING AND OVERLAY ROADWAY ITEMS, AND ADDITIVE ALTERNATE #3 CONDUIT AND ELECTRICAL JUNCTION BOXES. We propose to furnish all services, labor, material, tools, equipment, transportation, supervision and other items necessary to complete the construction in the entirety of the Base Bid (TE ELIGIBLE AND NON TE ELIGIBLE) STREETSCAPE IMPROVEMENTS), PLUS ADDITIVE ALTERNATE #1 LANDSCAPE; ADDITIVE ALTERNATE #2 MILLING AND OVERLAY ROADWAY ITEMS AND ADDITIVE ALTERNATE #3 CONDUIT AND ELECTRICAL JUNCTION BOXES. in accordance with the Project Manual and Drawings, for the lump sum of FOUR HUNDRED SEVENTY NINE THOUSAND, SEVEN HUNDRED SIXTY SIX AND 43/100 DOLLARS Dollars 479,766.43 6. INCLUDES ALL BASE BID (TE AND NON TE) ELIGIBLE STREETSCAPE IMPROVEMENTS, PLUS ADDITIVE ALTERNATE #1 LANDSCAPE; ADDITIVE ALTERNATE #2 MILLING AND OVERLAY ROADWAY ITEMS; ADDITIVE ALTERNATE #3 CONDUIT AND ELECTRICAL JUNCTION BOXES. AND ADDITIVE ALTERNATE #4 PARCEL 6 & 8 CONSTRUCTION ITEMS. We propose to furnish all services, labor, material, tools, equipment, transportation, supervision and other items necessary to complete the construction in the entirety of the Base Bid (TE ELIGIBLE AND NON TE ELIGIBLE) STREETSCAPE IMPROVEMENTS), PLUS ADDITIVE ALTERNATE #1 LANDSCAPE; ADDITIVE ALTERNATE #2 MILLING AND OVERLAY ROADWAY ITEMS; ADDITIVE ALTERNATE #3 CONDUIT AND ELECTRICAL JUNCTION BOXES AND ADDITIVE ALTERNATE #4 PARCEL 6 & 8 CONSTRUCTION ITEMS, in accordance with the Project Manual and Drawings, for the lump sum of FOUR HUNDRED NINTY SEVEN THOUSAND, FOUR HUNDRED EIGHTY ONE AND 45/100 DOLLARS Dollars $ 497,461,45 B-02. The undersigned agrees that this proposal may not be revoked or withdrawn after the time set for the opening of bids, but shall remain open for acceptance for a period of one hundred and twenty (120) days following such time, B-03. In case he be notified in writing by mail, e-mail, fax, or delivery of the acceptance of this proposal within one hundred and twenty (120) days after the time set for the opening of bids, the undersigned agrees to execute within ten (10) days a contract for the work for the above -stated compensation and at the same time to furnish and deliver to the Owner a Performance Bond at 100% and a Payment Bond at 110% in accordance with the forms shown in Article E-30 of the General Conditions of the contract, both in a combined amount equal to 210% of the contract sum per GDOT specification 103.05. B-04. The undersigned agrees to commence actual physical work on the site with an adequate force and equipment within ten days of the date of the notice to proceed by the undersigned and to complete fully all work in 240 consecutive calendar days from the including said date. B-05. Enclosed herewith is a bid bond (Certified checks not acceptable) in the amount of TWENTY FOUR THOUSAND, EIGHT HUNDRED SEVENTY FOUR AND 08/100.Dollars ($ .......... (being not less than 5% of the Base Bid). The undersigned agrees that the above -stated amount is the proper measure of liquidated damages which the Owner will sustain by the failure of the undersigned to execute the contract and to furnish the Performance and Payment Bond in case this proposal is accepted, and further agrees to the following: Milton Streetscape Project PIN, 0011675 City of Milton, GA Section B Proposal Form B-3 B-06. If this proposal is accepted within one hundred and twenty (120) days after the date set for the opening of bids and the undersigned fails to execute the contract with ten (10) days after notice of such acceptance or if he fails to furnish both Performance and Payment Bond, the obligation of the bid bond will remain in full force and effect, and the money payable thereon shall be paid into the funds of the Owner as liquidated damages for such failure; otherwise, obligation of the bond will be null and void. B-07. The bidder submits the following statement of bidder's qualifications for consideration of the Owner. To accompany bids submitted for City of Milton Streetscape Project. Name of Bidder Excellere Construction, LLC Telephone Number 770-676-5727 Business Address 4343 Shallowford Rd. STE B6B When Organized 7-16-2015 Where Incorporated state of GA How many years have you been engaged in the contracting business under the present firm name? 2 years Financial Statement See Attached Credit Available for this Contract Contracts now in hand, Gross Amount $.__ 1,600,000.00 Plan of Organization (Proprietorship, Partnership Corp.) Limited Liability Corporation List your last three projects of similar size and scope with a contract value in excess of $1,000,000.00. Please provide the following information for each project: Client name, address, telephone and facsimile numbers, contact person, project title, project location, contract value and date completed. Project#1 CiLY Of Milton, 13000 Deerfield Pkvy, Suite 107F Milton, CA 30004 Phone: 678-242-2558 Fax: 678-242-2499 Matthew Fallstrom, Capital Projects Mqr Co burn Rd Sidewalks, Co burr_ Rd_ $459,084.60, November of 2016 Milton Streetscape Project PIN: 0011675 City of Milton, GA Section B Proposal Form B-4 Project#2 City of Douglasville, 5853 Olde Bridge Ct-- , Dallas, GA 30157 P. 404-841-6364, F. 404-841-0978, Steve Roberts, BCA Project Mgr., Corridor Lighting & Banner - Phase II, Strickland St to Brown St $700,855.26, Contract in progress Project#3 city of -Powder Springs, 205 Lawrence St., Marietta, GA 30060 P. 770-794-5709, F. N/A, Joe Vitale, Transportation Progect Manager Powder Springs Sidewalk - Phase II, Poweder Springs Road $895,774.78, Contract in progress Have you ever refused to sign a contract at your original bid? NO Have you ever been declared in default on a contract? NO Remarks: (The above statements must be subscribed and sworn to before a Notary Public.) Date Sept 20, 2017 Firm Name Excellere Construction, LLC IBy Title Pre - 6'----(Notar-y- -19 VIC) Respectfully submitted, Name Luigi Hernandez Address 4343 Shallowford Rd. Ste B6R Marietta, GA 30062 By—i(– Title—President Milton Streetscape Project PIN: 0011675 City of Milton, GA Section Proposal Form B-5 The full names and addresses ufpersons and firms interested inthe foregoing bids as principalsare ao Luigi Hernandez -4343 Shallowford Rd. Ste E6B, Marietta, GA 30062 The legal name ofthe bidder is: Excellere Construction, LLC The following unit prices are the bases of the Lump -Sum Bid, and are to be used for work that will be added to or deleted from the contract by change order, change directive, or other written agreement inthe event that the scope of the project is changed. A reduction in the scope of the project will result in a deduction of the lump sum price and an increase in the scope of the project will result in an increase of the lump sum price based on the following unit prices provided. Unit prices are complete for labor, equipment, material, the hauling in of needed material and the hauling off and disposal of excess and unsuitable material, installation, applicable taxes, overhead and profit, and all other incidental costs. Owner reserves the right to accept or reject these unit prices or require the work to be performed on a time and material basis, with complete daily breakdowns and logs submitted. The Misc. Construction amount indicated shall be added to the Base Bid -TE Eligible Streetscape Improvements proposal. The intent of the MISC. CONSTRUCTION ALLOWANCE is to be utilized for unforeseen conditions and will be used to cover additional items that maybe required during the construction of the project, When utilizing the MISC. CONSTRUCTION ALLOWNANCE- the Contractor shall be paid for the additional items based on the Unit Prices provided. The MISC. CONSTRUCTION ALLOWANCE may or may not be used entirely during the construction of the project. The City shall retain the remaining MISC. CONSTRUCTION ALLOWANCE amount should it not be utilized. � ���� �-__- _ 1���[Q��� Unit Unit Price Erollon Control items /63'0232 Temporary grassing AC L35 4on 163-0240 Mulch TN 183^0550 Construct and Remove Inlet Sediment Trap EA 165-0030 N1ain8nnancmofTennporary��i!tFence Tp'O LF - 165-0185 Maintenance ofinlet Sediment Trap EA 171-0030 Temporary Silt Fence Type C LF Milton Streetscape Project Concrete Sidewalk, 4inch thick GY PIN: 0011675 441'0106 Concrete Sidewalk 6inch thick 8Y City ofMilton, GA 9 441-4030 Concrete Valley Gutter, 6inoh SY Section 611-3010 441'6012 Con. Curb and Gutter G''x24^TP2 LF Proposal Form 611-8830 500'3200 B -G Road= Aaphalt Paving Iterrig 17 444'1000 Sawed joint inexisting pevmmn�e— 3/0'5100 uxnaueo 8Y Driveway Paying Item 402-3121 4"Recycled AspheUtConC.25mmmuparp*va(op1cvo.|NCLB[TUM MATL&F) TN '------ Recycled Ash lt Conc.Q5 mm superpave 402'3180 Recycled Asoh]Conc. 1ommuopeqpave.(GP 1or2iNCL,B[TVM MA7LQHLIME) TN 15.22 � 418-1000 B�um.Tack <�oed GL�--- 413-1000 ' —-- 500-9899 Class B(�onc[e1aBase orPavement VVid ni- 8Y ------�� ��| � 310'5120 Graded Aggregate Base ([|RG`12^INCL, MA'. SY' 310-5120 Graded base course, (CRS 12"'INC K8� ` 444-1000 Saw Joints in Exist. Pavement -PCC LF 441-0016 7 4 441-0104 Concrete Sidewalk, 4inch thick GY 12 441'0106 Concrete Sidewalk 6inch thick 8Y $ 9 441-4030 Concrete Valley Gutter, 6inoh SY —347. ~�9 611-3010 441'6012 Con. Curb and Gutter G''x24^TP2 LF ------- 611-8830 500'3200 Class BConcrete DOTGravity Wall 'AO31L) CY Signage It2ms 17 444'1000 Sawed joint inexisting pevmmn�e— LF __-66. EA. Driveway Paying Item Misc. Construction Items 402'3100 Recycled Ash lt Conc.Q5 mm superpave Remove and Reset Mailbox EA. 15.22 ORBLEND 1INCL B|TUK8K8ATL@HL|yuB ' TN - � 413-1000 ' B�urnTanhCoe� ' GLI CY 310-5060G��e�eg�����u�e, ��| � 8Y $---2.42 4 310-5120 Graded base course, (CRS 12"'INC K8� ` GY $ It 7. 65 441-0016 Driveway Concrete, Ginch thick 8Y ------4 550-1180 Storm LF93 12 868'2100 Drop |n�tGp1 EA $ 9 688~4800 Storm Sewer Manhole To1 EA —347. ~�9 611-3010 Reconstruct Drop Inlet, 'u)up1 EA -- - ^----e ------ 611-8830 Reconstruct Storm Sewer Manhole TP1 EA �2_iig^pg Signage It2ms 652-9001 Traffic Stripe, VVhk� 611-5860 Reset Sign EA. Misc. Construction Items 617'5150 Remove and Reset Mailbox EA. 15.22 700'8300 GC>DB d T 8Y '----- 708'1000 Plant 8^^8" Fill behind curb and landscape Areas CY 702-7501 Tree Protection Barrier TP1 Protection Fence) LF $---2.42 643-8200 Barrier�� Fgn�g/or�n#�'FTTneePrDtectiUn LF ---^ 702-9025 Landscape Mulch- Dark Brown Dyed D|b.Shredded 8Y Pavement Mar Ina Item 653-1501 Thermoplastic solid traffic stripe, 5 inch White LF 12 G53'15O2 ' LF 653-1784------ | LF 12 653-/804 /rx�n LF ------ 653-0120 TP2 EA ------ 652-9001 Traffic Stripe, VVhk� 8Y � Milton Streetscape project PIN: 0011675 City of Milton, GA Section Proposal Form B-7 939-8000 Geotechnical and Material Testing EA 888-8801 Geotechnical Report -Roadway PamementCohng'm EA 999-9000 KUiszCPnetrucdon ALLOW. The Contractor imtoadd tothe TE Eligible, Lump Sum, Base Bid proposal, the $75,U080O--' Construction Allowance for future unforeseen conditions during construction, 811-8120 AdjustWater Meter Box to grade EA 811-8601 Adjust Electric Meter Top to grade EA 2 ' 611-8140 ..� ''-^~ �e� ,�a��Bnx8m�nade �A ----=--1 112. 4 670-9710 Relocate Existing Fire Hydrant EA ADDITIVE BID -ALTERNATE NO. I �ANDSCAPE ITEMS 700-0030 Agricultural lime TN $_�70 - 00 .""-"""" Fertilizer mixed grade TN 700-8100 Fe�i|�ernitrogen content LB ----�=-�'' - 700'8910 Permanent Grassing AC 702-0468 UaxVom�ohe"Nanw"-3gei EA - 0 702'0642 Lagerstromia Indica 'Sioux'- I U-1 2' HT. EA � 702-0558 � Lih K8 "po� EA ----====- 0 702-1016 Rudbeohja� 'Go|dstmunn'' 1 gal. E�� - -s 766~1000 Tree Irrigation Bag/Device EA -------O ADDITIVE BID ALTERNATE NO. 2 MILLING AND QVERLAY 402-3130 Recycled Asph. Conc. 9.5 mm superpave, pr2w/xy, Polymer -Modified. TN 4 413-1000 Bitum.Tack Coat (3L 3. 5 o 432-0206 Mill Asphalt Concrete Pavement, i-1/2^depth Qf $ 7.43 432-0213 Mill Asphalt Concrete Pavement, 3"depth SY 0 402-1812 Recycled Asphalt Conc. Leveling, Incl. B|tum.K0at|.@H TN o ADDITIVE BID ALTEENATE-NO. 3 CONDUIT AND JUNCTION BOXES 682-612" Conduit, Rigid, 2Inch LF 12 882-6233 Conduit, Non METAL TP3.3Inch LF -12 682-8236 Conduit, Non METAL TP2.Power Service, 2Inch LF- 882-9028 E|aothca|Junction/puUBox (Splice Box) EA - - 441-0104 Concrete Sidewalk, 4 -inch -thick (Including Detectable Warning Surface Per GOOTDetail A4) S`f 441-4080 Concrete Valley Gutter, 8inch 8Y 402-3100 Recycled c.9.5mmmuperpavo`TPI, GP2or ------= B|eod1 INCL B!TUK8 M/TL & H LIME TN 708-1000 Plant Topsoil G"-8^FiUbehind curb/landscape Areas CY - 700-9300 8C�OBermuda Ti�' w 419 G�� - 643-8200 Tree Protection Pn�e Barrier TP1(Tree Protection Fencd LF 702-9025 Landscape Mulch- C}arhB 'nDyedD|b.8hredde'Mendmmod 8y 9.80 Milton Streetscape Project PIN: 0011675 Section City of Milton, GA Instruction to Bidders C-1 Bids must be delivered to the City of Milton, City Hall, at the City Manager's Office, no later than 2:00 P.M. on the date indicated on the Invitation for Bids. 2. All bids will beplaced inasealed envelope using a mailinglabel. All information opening dm�».desmrpUonofthe b�.and the b�mn number must be on1h�nn -regarding ky All b�sshall beaddressed to'the Qb/ofh8i|ton' - - 3. All bids will be held firm for one hundred and twenty (120) days from the opening date. 4. All bids must beaccompanied byabid surety nthe amount ofnot less than five percent (8q�)mf the bid amount Bid mumdynlaybeinthe form nf abond issued bva bonding companylicensed to =" """o/eso in the State of Georgia. Bond anox be rnome payable to the [' of Milton. Bid sureties will be held by the City until award is made. Unsuccessful bidder(s)' surety will be returned. Successful b/dde�msurety VviUbeheld boinsure compliance with bid. ` 5. The ouooaamfu| bidder will provide Performance Bond in the amount ofnot |amm than one hundred percent (10096) of the amount bid in the City of Milton favor and a labor and FpaVmmrd Bond in the amount of not less than one hundred and ten percent (110%) of the amount bid, both made payable tothe City ofMilton. The Performance Bond will bemecuri| forthe mecurdyfor the faithful performance ofthe (�ontnmnt.and the Payment bond v�Ube�security' for the payment ofall persons performing labor under the terms of this Cmr*naot and furnishing materials in connection with this Contract. 6. The Georgia DOT Standard Specifications for Construction ofSv�emm.2013J� Edition, Supplemental B�.�10���� �F���n'wil|apply to this Preparation ofBids: Each bid must bmsubmitted on the prescribed form with all blank spaces for bid prices filled in, In ink or typewritten, in both words and figures. The bid proposal must be accompanied by a oorno|etmd and executed Federal Aid Certification which includes Equal Employment Opportunity, Examination of Plans and Specifications, Conflict of Interest, Drug Free Workplace, and Non -Collusion Certification. Each bid must include acompleted Gmm i S curdy and Immigration ��pmpUanceAo Affidavit. �� Each bid must also include a comm'----' DBEGoals Form. The DBE goal for this project is 1@Y6. Bsigning and submitting/ng a ` proposal, the prospective phnnaryparticipant is providing the Certification Regarding Debarment, Suspension, |ne|kz��dvand Voluntary Exclusion omset out inSection ��Required <�mn�ectProvision _- --' aid Construction Contracts, paragraph X|. Bysigning and aubnitUnga proposal, the pmo -- iv- phmaryp~'`|=p�"^ impnovid�othe Ce�|ficationRa-mdingUse of[on�actFund for Lobbying aa set out in Section K Required Contract Provision Fedemlaid Construction nk����a.paragraph 8. The Contractor shall complete the Federal -Aid Certification, DBE Goals Form and the Security �|�mi������������e������`�th�r�p�i Georgia �—� 9. If the Contract is awarded, Kwill be awarded to the lowest reliable bidder whose proposal shall meet the prescribed requirements. 10. Subcontracts: The bidder is specificallyadvised that any person, for, or other party to whom it is proposed 0naward a subcontractor under this contract: Milton Streetscape Project PIN: 0011675 Section C City of Milton, GA Instruction to Bidders a. Must be acceptable to and pre -approved by the Owner; and, C-2 Must submit all requisite certifications by the proposed subcontractor. Approval of the proposed subcontractor cannot be given by the owner unless and until the proposed subcontractor has submitted the Certifications and/or other evidence showing that it has fully complied with any reporting requirements to which it was subject. Although the bidder is not required to attach such Certifications by proposed subcontractors to his/her bid, the bidder is here advised of this requirement so that appropriate action can be taken to prevent subsequent delay in subcontract awards. All Subcontractors must be registered with the Georgia Department of Transportation (GDOT). 11. The successful bidder will be required to provide a current and valid Business License before the Contract can be awarded. 12. Price must be entered indicating a total lump sum price bid. 13. Bidders electing not to bid the project are requested to enter a "No Bid." 14. If the contract is awarded, it will be awarded to the lowest reliable bidder whose Proposal shall have met all the prescribed requirements. The low bid will be based on the Base Bid plus any alternates that may be selected by the Owner. 15. The City of Milton reserves the right to waive any informalities and refuse all bids or award the bid in the best interest of the City to the lowest responsive and responsible bidder. 16. The contractor that does not have the capability of selling materials to the City on a tax-exempt basis (sale for resale) will build the sales tax into the cost of materials. 17. Technical specifications used within this bid invitation are to be considered generic. Any reference to brand names should be considered as "Or Approved Equal." 18. All construction shall be in accordance with the terms as stated in the Invitation for Bids, the Instructions to Bidders for Construction Projects, the Special Provisions, the Contractor's Bid Form, the Drawings and Conditions attached hereto and made a part hereof. 19. Bidding documents may be reviewed at the City Milton's Finance Department Office at the City Hall between the hours of 8:30 A.M. and 5:00 P.M., Monday through Friday (except holidays). The bidding documents will be posted on the following websites: http://www.cityofmiltonga.us or http://ss1.doas.state.ga.us/PRSapp/PR index.'sp 20. Successful bidders will warrant all workmanship for one (1) year and all material for a period of one (1) year or the term of the manufacturer's warranty whichever is greater, from the date of acceptance by the City of Milton, unless Georgia Standard Specifications or Special Provision herein require a longer warranty period. All items covered under Special Provisions 700 and 702 require a warranty and guarantee period longer than one year. 21. All work will begin within ten (10) calendar days after Notice to Proceed has been given to the successful bidder and will be completed within 240 calendar days of issuance of Notice to Proceed. 22. As compensation for the loss to the City of Milton, if the work is not completed and accepted by the City of Milton on or before the completion date, contractor will pay the City of Milton as liquidated damages the amount stated within Section 108.08 of the Standard Specifications for each day of delay beyond the contract period. Milton Streetscape Project PIN: 0011675 Section C City of Milton, GA Instruction to Bidders C-3 23. The successful bidder will be required to attend a pre -construction conference with the Sponsor and the GDOT Area Engineer. The DBE firms to be used on this project as identified on the DBE Goals Form are to be invited to the preconstruction conference to assure such firms are known to all parties and steps are taken to assure their use on the project. 24. The Contractor agrees to provide a full time experienced superintendent on site for the full duration of the construction project. 25. At the Pre -Construction Meeting, the Contractor shall have prepared a Traffic Control Plan that is in accordance with GDOT Section 150. The Contractor agrees to work with the City of Milton to maintain vehicular access to the project at all times. 26. The Contractor agrees to not disturb more than 300 linear feet of sidewalk at any one time. Contractor agrees to maintain pedestrian sidewalk access on one side of the street at all times. In addition to the Traffic Control Pian, the Contractor agrees to provide Pedestrian Access Plan for all sidewalk closures. 27. The Contractor at his own expense shall coordinate and secure a lay -down/ storage yard for the duration of the project. Construction parking and storage of materials in the rights of way will be prohibited. Milton Streetscape Project PIN: 0011675 Section D City of Milton, GA Construction Contract D-1 SECTION D CONSTRUCTION CONTRACT THIS AGREEMENT, made this day of —, 20_ by and between the City of Milton, Georgia hereinafter called "Owner", and E cellere Construction _ _ a corporation, a partnership or an individual doing business as Excellere Construction LLC of Cobb _ _ County and State of Georgia , herein called "Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction described as Milton Streetscape Project, PIN: 0011675 for the sum of Four hundred ninty seven thousand, four hundred ei it one and 45/100 dollars Dollars ($ 497,481.45 ),hereinafter called the Project, and all extra work in connection therewith, under the terms as stated in the General Conditions, Contract Documents (as defined in the General Conditions) Supplemental General Conditions and Technical Specifications of the Contract; and at his (its or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said project in accordance with the conditions and prices stated in the Proposal, Construction Schedule, General Conditions, Contract Documents (as defined in the General Conditions), Supplemental General Conditions and Technical Specifications of the Contract, the plans, which include all maps, plats, blue prints, and other drawings and printed or written explanatory matter thereof, the specifications and contract documents therefore as prepared by ATKINS, herein entitled the Landscape Architect/Engineer, all of which are made a part hereof and collectively evidence and constitute the contract. The Contractor hereby agrees to commence work under this contract on or before a date to be specified in a. written "Notice to Proceed" of the Owner and to fully complete the project on or before 210 calendar days from the date of the NTP. The Contractor further agrees to pay, as liquidated damages, the applicable amount shown in Section 108.08 of the Standard Specifications for each consecutive calendar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions, as provided in the General Conditions of the Contract, and to make payments on account thereof as provided in Paragraph 32, "Payments to Contractor," of the General Conditions. Milton Streetscape Project PIN: 0011675 Section D City of Milton, GA Construction Contract D-2 IN WITNESS WHEREOF, the parties to these presents have executed this contract in three (3) counterparts, each of which shall be deemed an original, in the year and day first above mentioned. (Seal) ATTEST: (Secretary) (Witness) (Seal) (Secy ry) (Witness By: City of Milton _ (Owner) Mayor Joe Lockwood (Title) Excellere Construction LL -C (Contractor) By: i�f� 5 ► Rz,y�-r (Title) (Address and Zip Code) NOTE: Secretary of the Owner should attest. If Contractor is a corporation, secretary should attest. Approved as to Form: City Attorney MILTONIr ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 30, 2017 FROM: Steven Krokoff, City Manager a AGENDA ITEM: Approval of a Task Order to Provide Construction Inspection of the Crabapple Streetscape Project MEETING DATE: Monday, November 6, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (y�IA PPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (ky ES () NO CITY ATTORNEY REVIEW REQUIRED: (),'(ES O NO APPROVAL BY CITY ATTORNEY: ()IAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: I1I("('i2c'+-) 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us 1 www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer Date: October 30, 2017 for the November 6, 2017 Regular city Council Meeting Agenda Item: Approval of a Task Order to Provide Construction Inspection of the Crabapple Streetscape Project _____________________________________________________________________________________ Project Description: The City is requesting construction inspection services for the Crabapple Streetscape Project. The services to be provided under this task order shall ensure control of work on the project and shall provide for continuous project inspection, oversight, and administration of the construction. Procurement Summary: Purchasing method used: Task Order Related to Original RFP Account Number: 340-4101-541401801 Requisition Total: $76,360 Vendor: BM&K, PC Financial Review: Bernadette Harvill (11/1/17) Legal Review: Sam VanVolkenburgh – Jarrard & Davis (10/2/17) Attachment(s): Task Order MILTON'* ESTABLISHED 2006 TASK ORDER TO PROVIDE CONSTRUCTION INSPECTION SERVICES FOR CRABAPPLE STREETSCAPE PROJECT THIS TASK ORDER between the parties is entered into pursuant to the above -referenced Professional Services Agreement (RFQ #17-PW01), incorporated herein by reference, and shall serve as authorization by City of Milton to BM&K, P.C. (referred to herein alternately as "Consultant" and "BM&K") to perform the services described herein pursuant to the terms and conditions, mutual covenants and promises provided herein and in the Professional Services Agreement. 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: Description of Services: The City is requesting construction inspection services for the Crabapple Streetscape project. The services to be provided under this task order shall ensure control of work on the project according to GDOT Section 105 and shall provide for continuous project inspection, oversight, and administration of the construction. Included are performing materials testing and certifying that all material suppliers and materials conform to the requirements of the contract, plans, and specifications; support in submitting invoices, DBE Participation Report, contractor progress reports, billing documents, and any other backup information on a monthly basis; checking the contractors payroll to determine whether the construction contractor is complying with the Davis -Bacon Act; maintaining accurate and thorough project records; and keeping a daily project diary for the project. Timing: This task order will be completed when the construction project is fully complete, which is estimated to be in nine months. Compensation: This task order shall not exceed $76,360 based upon the rates that are part of the Agreement. Attachments: GDOT Specification Section 105 - Control of Work Approved by City Council Mayor Date See following page for additional signatures 2006 Heritage Walk Milton, GA 30004 P: 678,242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 MILTONI'llp ESTABLISHED 2006 CITY OF MILTON: By: Title: Name: Date: CO r � By:=1 C��� Title: c c c r Name: Zal C La(� Date:Z- 2006 Heritage Walk Milton, GA 30004 P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 Section 105—Control of Work 105.01 Authority of the Engineer The Engineer will decide all questions that may arise as to the quality and acceptability of materials furnished, work performed, and the rate of progress of The Work; the interpretation of the Plans and Specifications, and all questions as to the acceptable fulfillment of the Contract on the part of the Contractor. The Engineer will determine the quantities of the several kinds of work performed and materials furnished which are to be paid for under the Contract and his determination shall be final. The Engineer will have the authority to suspend The Work wholly or in part due to the failure of the Contractor to correct conditions unsafe for the workmen or general public; for failure to carry out provisions of the Contract, or for failure to carry out orders; for such periods as he may deem necessary due to unsuitable weather; for conditions considered unsuitable for the prosecution of The Work; or for any other condition or reason deemed to be in the public interest. The Contractor may request and will receive written instructions from the Engineer upon any important items. After the Contract has been executed, and before work begins, the Engineer may designate a time and place to hold a Preconstruction Conference with the Contractor. At such time, the Contractor shall furnish the Engineer with a Progress Schedule as provided in Subsection 108.03 unless this schedule has been specifically exempted by Special Provision. The Contractor will also be given a decision on any alternate Traffic Control Plan that he may have previously submitted. Any matters pertaining to order of work, interpretation of Plans and Specifications, traffic control, utility adjustments, or others, may be discussed at the Preconstruction Conference. 105.02 Plans and Working Drawings Plans will show details of all structures, lines, grades, typical cross sections of the roadway, location and design of all structures, and a summary of Items appearing in the Proposal. The Plans will be supplemented by such working drawings as are necessary to adequately control the Work. Working drawings for structures shall be furnished by the Contractor and shall consist of such detailed Plans as may be required to adequately control The Work and which are not included in the Plans famished by the Department. They shall include stress sheets, shop drawings, erection plans, falsework plans, cofferdam plans, bending diagrams for reinforcing steel or any other supplementary plans, or similar data required of the Contractor. All working drawings must be approved by the Engineer and such approval shall not operate to relieve the Contractor of any responsibility under the contract for the successful completion of The Work. The Contract Bid Prices shall include the cost of furnishing all working drawings. 105.03 Conformity with Plans and Specifications All Work performed and all materials furnished shall be in reasonably close conformity with the lines, grades, cross sections, dimensions, and material requirements, including tolerances, shown on the Plans or indicated in the Specifications. Plan dimensions and contract Specification values are to be considered as the target values to be strived for and complied with as the design values from which any deviations are allowed. It is the intent of the Specifications that the materials and workmanship shall be uniform in character and shall conform as nearly as realistically possible to the prescribed target value or to the middle portion of the tolerance range. The purpose of the tolerance range is to accommodate occasional minor variations from the median zone that are unavoidable for practical reasons. When either a maximum and minimum value or both are specified, the production and processing of the material and the performance of the work shall be so controlled that material or work will not be preponderantly of borderline quality or dimension. In the event the Engineer finds the materials or the finished product in which the materials are used not within reasonably close conformity with the Plans and Specifications, but that reasonably acceptable work has been produced, the Engineer shall then make a determination if the work shall be accepted and remain in place. In this event, except in cases where the appropriate price adjustments are provided for in the Specifications covering the materials and/or the finished product, a Supplemental Agreement will be executed documenting the basis of acceptance that will provide for an appropriate price Page 1 Section 105—Control of Work adjustment in the Contract Price for such work or materials as the Engineer deems necessary to conform to his determination based on engineering judgement. In the event the Engineer finds the materials or the finished product in which the materials are used or the work performed are not in reasonably close conformity with the Plans and Specifications, and have resulted in an inferior or unsatisfactory product, the work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor. 105.04 Coordination of Plans, Specifications, Supplemental Specifications, and Special Provisions These Standard Specifications, the Supplemental Specifications, the Plans, Special Provisions, and all supplementary documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In cases of discrepancy, the governing descending order will be as follows: 1. Special Provisions 2. Project Plans including Special Plan Details 3. Supplemental Specifications 4. Standard Plans including Standard Construction Details 5. Standard Specifications Calculated dimensions will govern over scaled dimensions. The Contractor shall take no advantage of any apparent error or omission in the Plans or Specifications. In the event the Contractor discovers such an error or omission, he shall immediately notify the Engineer. The Engineer will then make such corrections and interpretations as may be deemed necessary for fulfilling the intent of the Plans and Specifications. A. Specifications of Other Organizations When work is specified to be done or when materials are to be furnished according to the published specifications of organizations other than the Department, the latest specifications published by those organizations at the time bids are received shall apply unless otherwise specified. AASHTO Interim Specifications and ASTM Tentative Specifications will be considered effective on date of issue. B. Item Numbers The first three digits of any Item Number in the itemized Proposal designates the Specification section under which the Item shall be constructed. 105.05 Cooperation by Contractor The Contractor will be supplied with a minimum of two sets of approved Plans and Contract assemblies including Special Provisions, one set of which the Contractor shall keep available on The Work at all times. The Contractor shall give the Work the constant attention necessary to facilitate the progress thereof, and shall cooperate with the Engineer, Inspectors, and other Contractors in every way possible. The Contractor shall have on The Work at all times, as his agent, a competent Superintendent, capable of reading and thoroughly understanding the Plans and Specifications, and thoroughly experienced in the type of work being performed, who shall receive instructions from the Engineer or his authorized representatives. The Superintendent shall have full authority to execute orders or directions of the Engineer without delay and to promptly supply such materials, equipment, tools, labor, and incidentals as may be required. Such superintendence shall be furnished irrespective of the amount of work sublet. Page 2 Section 105—Control of Work The Superintendent shall notify the Engineer prior to starting any Pay Item Work. The Prime Contractor shall coordinate and be responsible to the Engineer for all activities of subcontractors. 105.06 Cooperation with Utilities The Department will notify all utility companies, all pipeline owners, all railroad companies, or other parties affected of Award of the Contract, giving the name and address of the Contractor, and will assist the Contractor in arranging for all necessary adjustments of the public or private utility fixtures, pipe lines, and other appurtenances within or adjacent to the limits of construction. Water lines, gas lines, wire lines, service connections, water and gas meter boxes, water and gas valve boxes, light standards, cableways, signals, railroad facilities, and all other utility appurtenances within the limits of the proposed construction which are to be relocated or adjusted are to be moved by the owners at their expense, except as otherwise provided for in the Special Provisions or as noted on the Plans. It is understood and agreed that the Contractor has considered in his bid all of the permanent and temporary utility appurtenances in their present location or relocated positions, both as shown on the Plans, and that no additional compensation will be allowed for any delays, inconvenience, or damage sustained by him due to any interference from said utility appurtenances or the operation of moving them. Delays and interruptions to the controlling Item or Items of The Work are covered in Subsection 107.21.G. It shall be each utility owner's responsibility to plan with the Contractor a schedule of operations which will clearly set forth at which stage of the Contractor's operations the utility owner will be required to perform his removal and relocation work. 105.07 Cooperation Between Contractors The Department reserves the right at any time to Contract for and perform other or additional work on or near The Work covered by the Contract. When separate Contracts are let within the limits of any one Project, each contractor shall conduct his work so as not to interfere with or hinder the progress or completion of The Work being performed by other Contractors. Contractors working on the same Project shall cooperate with each other. Each Contractor involved shall assume all liability, financial or otherwise, in connection with his Contract and shall protect and save harmless the Department from any and all damages or claims that may arise because of inconvenience, delay, or loss experienced by him because of the presence and operations of other Contractors working within the limits of the same Project. The Contractor shall arrange his work and shall place and dispose of the materials being used so as not to interfere with the operations of the other contractors within the limits of the same Project. He shall join his work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. At the request of the Structure Contractor, the Engineer will designate an area within the right-of-way, adjacent to each structure, to be reserved for use by the Structure Contractor for Storage of Equipment and Materials necessary to construct the particular structure. So long as he occupies this area, the Structure Contractor shall be responsible for its maintenance. The Structure Contractor must relinquish this area, however, as it becomes practical to utilize completed portions of the structure. 105.08 Construction Stakes, Lines and Grades (Subsection 105.08 Omitted) 105.09 Authority and Duties of the Resident Engineer The Resident Engineer, regardless of his administrative title, is the Engineer designated by the Department to be the direct representative of the Chief Engineer. The Resident Engineer has immediate charge of the engineering details of each construction Project, and is responsible for the administration and construction of the Project. Such administration includes Page 3 Section 105 --Control of Work the designation of subordinates to represent him and make routine decisions. The Resident Engineer has the authority to reject defective material and to suspend any work that is being improperly performed. 105.10 Duties of the Inspector Inspectors employed by the Department are authorized to inspect all work done and materials furnished. Such inspection may extend to all or any part of The Work and to the preparation, fabrication, or manufacture of the materials to be used. The Inspector will not be authorized to alter or waive the provisions of the Contract. The Inspector will not be authorized to issue instructions contrary to the Plans and Specifications or to act as foreman for the Contractor. 105.11 Inspection of the Work All materials and each part of the detail of The Work shall be subject to inspection by the Engineer. The Engineer shall be allowed access to all parts of The Work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed Inspection. Upon the Engineer's request, the Contractor, at any time before acceptance of The Work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of The Work to the standard required by the Specifications. Should The Work thus exposed or examined prove acceptable, the uncovering or removing and the replacing of the covering or making good of the parts removed will be paid for as Extra Work; but should the work so exposed or examined prove unacceptable, the uncovering, or removing and the replacing of the covering or making good of the parts removed will be at the Contractor's expense. Any work done or materials used without supervision or inspection by an authorized Department representative may be ordered removed and replaced at the Contractor's expense, unless the Department representative failed to inspect after having been given reasonable notice in writing that The Work was to be performed. When any unit of government or political subdivision or any railroad corporation is to pay a portion of the cost of The Work covered by the Contract, its respective representatives shall have the right to inspect The Work. Such inspection shall in no sense make any unit of government or political subdivision or any railroad corporation a party to the Contract and shall in no way interfere with the rights of either party hereunder. 105.12 Removal of Unacceptable and Unauthorized Work All work that does not conform to the requirements of the Contract will be considered unacceptable unless otherwise determined acceptable under the provisions in Subsection 105.03. Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the Final Acceptance of The Work, shall be removed immediately and replaced in an acceptable manner. Except as elsewhere noted, no work shall be done without lines and grades having been given by the Engineer. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the Plans or as given, except as herein specified, or any Extra Work done without authority will be considered as unauthorized and will not be paid for under the provisions of the Contract. Work so done may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this section, the Engineer will have authority to cause unacceptable work to be remedied or removed and replaced and to cause unauthorized work to be removed, and to deduct the costs from any monies due or to become due the Contractor. 105.13 Claims for Adjustments and Disputes Whenever the Contractor believes that it is or will be entitled to additional compensation, whether due to delay, extra work, breach of contract, or other causes, the Contractor shall follow the procedures set forth in this Sub -Section. Page 4 Section 105—Control of Work A. Claims For Acceleration The Department shall have no liability for any constructive acceleration. If the Department gives express written direction for the Contractor to accelerate its effort, then both parties shall execute a Supplemental Agreement as provided in Subsection 104.03. B. Claims For Delay and All Other Claims Except Acceleration 1. The Department shall have no liability for damages beyond those items which are specifically payable under this Sub -Section. 2. The Department will be liable only for those delay damages caused by or arising from acts or omissions on the part of the Department which violate legal or contractual duties owed to the Contractor by the Department. The Contractor assumes the risk of damages from all other causes of delay. The parties recognize that delays caused by or arising from right of way problems, defects in plans or design, redesign, changes in the Work by the Department, the actions of suppliers or other Contractors, the shop -drawing approval process, injunctions, court orders and other such events, forces or factors are commonly experienced in highway construction work. Such delays shall not constitute breaches of the Contract. However, such delays may constitute a basis for a claim for delay damages, if found to be in accordance with Subsection 105.13.13.2 above and other provisions of the Contract, and/or a request for a time extension. 4. The term "delay" shall be deemed to mean any event, action, force or factor which extends the Contractor's time of performance. This Subsection is intended to cover all such events, actions, forces or factors, whether they be styled "delay," "disruption," "interference," "impedance," "hindrance", "impact" or otherwise. Compliance with the provisions of this Subsection will be an essential condition precedent to any recovery of damages by the Contractor. 6. The following items, and only the following items, may be recoverable by the Contractor as "damages: a. Additional direct hourly rates paid to employees for job site labor, including payroll taxes, welfare, insurance, benefits and all other labor burdens. b. Documented additional costs for materials. c. Additional equipment costs, as determined in accordance with this Sub -Section. d. Documented costs of extended job -site overhead. (Not applicable for claims other than delay claims.) e. An additional 15 percent of the total of Subsections 105.13.13.6. a, b, c and d, which sum includes home office overhead and profit. f. Bond costs. g. Subcontractor costs, as determined by, and limited to, those items identified as payable under Subsection 105.13.B.6.a,b,c,d,e,and f. 7. For purposes of computing additional equipment costs, rates used shall be based on the Contractor's actual experienced cost for each piece of equipment. These rates shall be supported by equipment cost records furnished by the Contractor. In no case will equipment rates be allowed in excess of those determined utilizing the "Rental Rate Blue Book," with the appropriate adjustments noted in Subsection 109.05. 8. The parties agree that, in any claim for damages, the Department will have no liability for the following items of damages or expense: Page 5 Section 105—Control of Work a. Profit, in excess of that provided herein. b. Loss of profit. c. Labor inefficiencies, except as allowed under Subsection 105.13.B.6.a. d. Home office overhead in excess of that provided herein. e. Consequential damages, including but not limited to loss of bonding capacity, loss of bidding opportunities and insolvency. f. Indirect costs or expenses of any nature. g. Attorneys fees, claims preparation expenses, or costs of litigation. h. Interest of any nature. NOTICE OF POTENTIAL CLAIM: In any case in which the Contractor believes that it will be entitled to additional compensation, the Contractor shall notify the Engineer in writing of its intent to claim such additional compensation. Such notice shall be given in order that the Department can assess the situation, make an initial determination as to who is responsible, and institute appropriate changes or procedures to resolve the matter. a. Claims for Delay - The Department shall have no liability for any delay which occurred more than one week prior to the filing of such written notice. Failure of the Contractor to give such written notice in a timely fashion will be grounds for denial of the claim. b. All Other Claims Except Acceleration and Delay - If the Contractor does not file such written notice before beginning the work out of which such claim arises, then the Contractor hereby agrees that it shall have waived any additional compensation for that work and the Contractor shall have no claim thereto. 10. RECORDS: After filing a "Notice of Potential Claim", the Contractor shall keep daily records of all labor, material, and equipment costs incurred for operations affected. These daily records shall identify each operation affected and the specific locations where work is affected. The Department will also keep records of all labor, material, and equipment used on operations affected. At the time and place, as designated by the Engineer, on Monday, or the first work day, of each week following the date of filing a "Notice of Potential Claim", the Contractor shall meet with the Department's representative and present the daily records for the preceding week. If the Contractor's records indicate costs greater than those kept by the Department, the Department will present its records to the Contractor. The Contractor shall notify the Engineer in writing within three (3) work days of any inaccuracies noted in, or disagreements with, the Department's records. Refusal or repeated failure by the Contractor to attend these weekly meetings and present its records will constitute a waiver by the Contractor of any objections as to the accuracy of the Department's records. When the Contractor makes an objection as to the accuracy of the Department's records, the Engineer shall review the matter, and correct any inaccuracies he finds in the Department's records. For purposes of computing damages, the Department's records will control. In the event the Contractor wishes to contest the accuracy of the Department's records, it may file a petition pursuant to Rule 672-1-.05 of the Official Rules and Regulations of the Department of Transportation. The decision of the Engineer, or, if contested, the decision of the Agency, will be final and binding upon the parties as to any objections to the accuracy of the Department's records, subject to the Contractor's right to judicial review under O.C.G.A. Section 50-13-19. 11. On a weekly basis after filing a "Notice of Potential Claim" for delay damages, the Contractor shall prepare and submit to the Engineer written reports providing the following information: Page 6 Section 105—Control of Work a. Potential effect to the schedule caused by the delay. b. Identification of all operations that have been delayed, or are to be delayed. c. Explanation of how the Department's act or omission delayed each operation, and estimation of how much time is required to complete the project. d. Itemization of all extra costs being incurred, including: 1) An explanation as to how those extra costs relate to the delay and how they are being calculated and measured. 2) Identification of all project employees for whom costs are being compiled. 3) Identification of all manufacturer's numbers of all items of equipment for which costs are being compiled. C. Required Contents of Claims All claims shall be submitted in writing, and shall be sufficient in detail to enable the Engineer to ascertain the basis and the amount of each claim. The claim submission shall include six (6) copies. All information submitted to the Department under this Subsection will be used exclusively for analyzing the claim, resolving the claim or any litigation which might arise from the claim. At a minimum, the following information shall be provided: 1. A description of the operations that were delayed, the reasons for the delay, how they were delayed, including the report of all scheduling experts or other consultants, if any. (Not applicable for claims other than delay claims) 2. An as -built chart, CPM scheme or other diagram depicting in graphic form how the operations were adversely affected. (Not applicable for clai ns other than delay claims except where an extension of time is sought) 3. A detailed factual statement of the claim providing all necessary dates, locations and items of work affected by the claim. 4. The date on which actions resulting in the claim occurred or conditions resulting in the claim became evident. 5. A copy of the "Notice of Potential Claim" filed for the specific claim by the Contractor. 6. The name, function, and activity of each Department official, or employee, involved in, or knowledgeable about facts that gave rise to such claim. 7. The name, function, and activity of each Contractor or Subcontractor official, or employee, involved in, or knowledgeable about facts that gave rise to such claim. 8. The identification of any pertinent documents, and the substance of any material oral communication relating to such claim. 9. A statement as to whether the additional compensation or extension of time sought is based on the provisions of the Contract or an alleged breach of Contract. 10. The specific provisions of the Contract which support the claim, and a statement of the reasons why such provisions support the claim. 11. The amount of additional compensation sought and a break -down of that amount into the categories specified as payable under Subsection 105.13.B.6, above. 12. If an extension of time is also sought, the specific days for which it is sought and the basis for such request. Page 7 Section 105—Control of Work D. Required Certification of Claims When submitting the claim, the Contractor shall certify in writing, under oath in accordance with the formalities required by Georgia law, as to the following: 1. That the claim is made in good faith. 2. That supportive data are accurate and complete to the Contractor's best knowledge and belief that the amount of the claim accurately reflects what the Contractor in good faith believes to be the Department's liability. The Contractor shall use the CERTIFICATE OF CLAIM form, which can be obtained from the Department, in complying with these requirements. E. Auditing of Claims All claims filed against the Department shall be subject to audit at any time following the filing of such claim, whether or not such claim is part of a suit pending in the courts of this State. The audit may be performed by employees of the Department or by an independent auditor on behalf of the Department. The audit may begin on ten days notice to the Contractor, Subcontractor, or Supplier. The Contractor, Subcontractor, or Supplier shall make a good faith effort to cooperate with the auditors. Failure to cooperate with the auditor shall constitute a waiver by the Contractor of the claim in its entirety. Failure of the Contractor, Subcontractor, or Supplier to maintain and retain sufficient records to allow the Department's auditor to verify the claim shall constitute a waiver of that portion of such claim that cannot be verified and shall bar recovery thereunder. If the claim is part of a suit pending in a court of this state or if the claim becomes a part of a suit in a court of this state, the questions of whether the Contractor has cooperated with the auditor or failed to maintain and retain sufficient records to allow the auditor to verify the claim shall be questions for determination by the judge without the assistance of a jury. Without limiting the generality of the foregoing, and as a minimum, the auditors shall have available to them the following documents: 1. Daily time sheets and foreman's daily reports. 2. Project payroll register. 3. Profit and loss statements for the Project. 4. Payroll tax returns. 5. Material invoices, purchase orders, and all material and supply acquisition contracts for the Project. 6. Material cost distribution worksheet for the Project. 7. Equipment records (list of company equipment, rates, etc.) 8. Vendor rental agreements, and subcontractor invoices. 9. Subcontractor payment certificates. 10. Canceled checks (payroll and vendors) for the Project. 11. Job cost report for the Project. 12. Job payroll ledger for the Project. 13. General ledger, general journal, (if used) and all subsidiary ledgers and journals together with all supporting documentation pertinent to entries made in these ledgers and journals. Page 8 Section 105—Control of Work 14. Cash Disbursements journal for the Project. 15. Certified financial statements for all years reflecting the operations on this project. 16. Depreciation records on all company equipment whether such records are maintained by the company involved, its accountant, or others. 17. If a source other than depreciation records is used to develop costs for the Contractor's internal purposes in establishing the actual cost of owning and operating equipment, all such other source documents. 18. All documents which relate to each and every claim together with all documents which support the amount of damages as to each claim. 19. Worksheets used to prepare the claim establishing the cost components for items of the claim including, but not limited to, labor, benefits and insurance, materials, equipment, subcontractors, and all documents which establish the time periods, individuals involved, the hours and the rates for the individuals. F. Mediation After compliance by the Contractor with parts B., C., D. and E. of Subsection 105.13 and if the Contractor's claim has been disallowed in whole or in part, then the Contractor may, within 30 calendar days from receipt of the ruling of the Engineer, make a written request to the Engineer that the claim or claims be referred to mediation. If requested in accordance with this specification, mediation shall be granted by the Department. In which case, within 30 days of receipt by the Department of the Contractor's request for mediation, the Contractor and the Department will meet to select a mediator. The mediator will then schedule the mediation at a place, time, and earliest date agreeable to the Contractor and the Department. The Contractor and the Department mutually agree that mediation shall be a condition precedent to the filing of any lawsuit concerning claims or alleged breaches of the Contract. The costs and expenses of the mediator, selected by mutual agreement of the parties, will be divided equally between the Department and the Contractor. Each party to the mediation shall bear its own costs of preparing for and participating in the mediation. G. Remedies Exclusive In the event any legal action is instituted against the Department by the Contractor on account of any claim for additional compensation, whether on account of delay, acceleration, breach of contract, claimed extra work, or otherwise, the Contractor agrees that the Department's liability will be limited to those items which are specifically identified as payable in this Sub -Section. 105.14 Maintenance During Construction The Contractor shall maintain the project during construction and until the Project is accepted. This maintenance shall constitute the continuous and effective work prosecuted day by day, with adequate equipment and forces to the end that all areas of the project are kept in satisfactory condition at all times. The Contractor's area of responsibility for maintenance is confined to the physical construction limits plus any areas affected by the Contractor's activities. Once maintenance acceptance or final acceptance has been made, the Contractor is no longer responsible for damage to The Work other than that attributable to the Contractor's actions or inadequate construction. In case of separate contracts, each Contractor shall be responsible for any damage to the completed work of others caused by his actions or negligence. Where the work of one Contractor has been accepted by the Department, the Contractor performing subsequent work in the area shall be responsible for the maintenance and protection of all work previously completed. If separate bridge contracts are let within the limits of a Roadway Project and the Bridge Contractor completes his Contract before the Roadway Contractor, the Bridge Contract may be accepted and the Roadway Contractor will be responsible for maintenance of the new bridge until it is opened to traffic. If the Roadway Contractor hauls materials across the bridge the Page 9 Section 105—Control of Work Roadway Contractor shall protect the endposts, deck surface, deck edges, joints, and all other vulnerable features of the bridge by use of adequate timber or earth cushions as directed by the Engineer. The Roadway Contractor shall repair all damage caused by such use, including resealing of joints and rerubbing of finish at his own expense. All cost of maintenance work during construction and before the Project is accepted shall be included in the Unit Prices Bid on the various Pay Items and the Contractor will not be paid an additional amount for such work except as provided in Subsection 104.05.13. The Contractor shall not allow vegetative growth at any time to obstruct signs, delineation, traffic movements, or sight distance. The Contractor shall at intervals not to exceed six months, clean up and remove litter and debris; remove weeds from around guardrail, barrier, poles, standards, utility facilities, and other structures; and cut or trim trees, bushes or tall grass. These requirements shall apply to all areas within the project termini and lateral limits. 105.15 Failure to Maintain Roadway or Structures If at any time, the Contractor fails to comply with the provisions of Subsection 105.14, the Engineer will immediately notify the Contractor of such noncompliance. If the Contractor fails to remedy the unsatisfactory maintenance within 48 hours after receipt of such notice, the Engineer may immediately proceed to maintain The Work, and the entire cost of this maintenance will be deducted from monies due or to become due the Contractor under the Contract. As an alternative to the Engineer's maintaining the Work, all the Items and quantities of work done, but not properly maintained, may be deducted from the current progress estimate, even if such Items have been paid for in a previous estimate. 105.16 Final Inspection and Acceptance Upon due written notice from the Contractor of substantial completion of the entire Project, the Engineer will determine if the Project is ready for a Final Inspection. The Engineer will have the final decision on when the Project is substantially complete and thereby ready for a Final Inspection. If the Engineer finds the Project substantially complete the Engineer will schedule the Final Inspection. If all construction provided for and contemplated by the Contract is found completed to the Engineer's satisfaction and all documents required in connection with the Project have been submitted by the Contractor, the Engineer will make the Final Acceptance and notify the Contractor in writing of this acceptance. If, however, the Final Inspection discloses any work, in whole or part, as being unsatisfactory, the Engineer will provide the Contractor with a written punch -list that includes the necessary instructions for correction of same. The punch -list will also include any remaining work to be completed and any final reports and other documentation required to be submitted by the Contractor. The Contractor shall immediately comply with and execute such instructions. When all construction provided for and contemplated by the Contract is found completed to the Engineer's satisfaction, including submission of any required documentation, the Engineer will make the Final Acceptance and notify the Contractor in writing of this acceptance. When the Contractor has finished a major portion of the Contract, the Contractor may request that a semi-final inspection be made. At the discretion of the Engineer, who shall be sole judge as to making the inspection, if the work is satisfactory, as described in the first paragraph of this Section, that portion of the Contract may be accepted, opened to traffic, if not already carrying traffic, and the Contractor relieved of the maintenance obligations as described elsewhere in these Specifications. Such partial acceptance shall in no way relieve the Contractor of responsibility for satisfactory completion of the Contract, or for failure of any portion of the accepted work prior to Final Acceptance of the Project. Page 10 TO: FROM: AGENDA ITEM: MEETING DATE: M I LTNIP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: October 30, 2017 Steven Krokoff, City Manager Approval of a Task Order to Provide Construction Inspection of FYI Resurfacing and Reconstruction Project Monday, November 6, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: OYES () NO CITY ATTORNEY REVIEW REQUIRED: (,YES () NO APPROVAL BY CITY ATTORNEY: (�IAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: I� I `'U -)IVC" 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: Sara Leaders, PE, Transportation Engineer Date: October 30, 2017 for the November 6, 2017 Regular city Council Meeting Agenda Item: Approval of a Task Order to Provide Construction Inspection of FY17 Resurfacing and Reconstruction Project _____________________________________________________________________________________ Project Description: The City is requesting construction inspection services for the FY17 Resurfacing and Reconstruction Project. The services to be provided under this task order shall ensure control of work on the project and shall provide for continuous project inspection, oversight, and administration of the construction. Procurement Summary: Purchasing method used: Task Order Related to Original RFP Account Number: 300-4101-521205000 Requisition Total: $37,077 Vendor: BM&K, PC Financial Review: Bernadette Harvill (11/1/17) Legal Review: Sam VanVolkenburgh – Jarrard & Davis (10/2/17) Attachment(s): Task Order *6 ESTABLISHED 2006 TASK ORDER TO PROVIDE CONSTRUCTION INSPECTION SERVICES FOR THE FY17 RESURFACING AND RECONSTRUCTION PROJECT THIS TASK ORDER between the parties is entered into pursuant to the above -referenced Professional Services Agreement (RFQ #17-PW01), incorporated herein by reference, and shall serve as authorization by City of Milton to BM&K, P.C. (referred to herein alternately as "Consultant" and "BM&K") to perform the services described herein pursuant to the terms and conditions, mutual covenants and promises provided herein and in the Professional Services Agreement. 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: Description of Services: The City is requesting construction inspection services for the FY17 Resurfacing and Reconstruction Project. The services to be provided under this task order shall ensure control of work on the project according to GDOT Section 105 and shall provide for continuous project inspection, oversight, and administration of the construction. Included are performing materials testing and certifying that all material suppliers and materials conform to the requirements of the contract, plans, and specifications; support in review of invoices, contractor progress reports, billing documents, and any other backup information on a monthly basis; maintaining accurate and thorough project records; and keeping a daily project diary for the project. Timing: This task order will be completed when the construction project is fully complete, which is estimated to be in three months. Compensation: This task order shall not exceed $37,077 based upon the rates that are part of the Agreement. Attachments: GDOT Specification Section 105 - Control of Work Approved by City Council Mayor Date See following page for additional signatures 2006 Heritage Walk Milton, GA 30004 P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us ESTABLISHED 2006 CITY OF MILTON: By: Title: Name: Date: 2006 Heritage Walk Milton, GA 30004 0000 CO B. , Title: Name: Date: (- 0 -r 7 P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us Section 105—Control of Work 105.01 Authority of the Engineer The Engineer will decide all questions that may arise as to the quality and acceptability of materials furnished, work performed, and the rate of progress of The Work; the interpretation of the Plans and Specifications, and all questions as to the acceptable fulfillment of the Contract on the part of the Contractor. The Engineer will determine the quantities of the several kinds of work performed and materials furnished which are to be paid for under the Contract and his determination shall be final. The Engineer will have the authority to suspend The Work wholly or in part due to the failure of the Contractor to correct conditions unsafe for the workmen or general public; for failure to carry out provisions of the Contract, or for failure to carry out orders; for such periods as he may deem necessary due to unsuitable weather; for conditions considered unsuitable for the prosecution of The Work; or for any other condition or reason deemed to be in the public interest. The Contractor may request and will receive written instructions from the Engineer upon any important items. After the Contract has been executed, and before work begins, the Engineer may designate a time and place to hold a Preconstruction Conference with the Contractor. At such time, the Contractor shall furnish the Engineer with a Progress Schedule as provided in Subsection 108.03 unless this schedule has been specifically exempted by Special Provision. The Contractor will also be given a decision on any alternate Traffic Control Plan that he may have previously submitted. Any matters pertaining to order of work, interpretation of Plans and Specifications, traffic control, utility adjustments, or others, may be discussed at the Preconstruction Conference. 105.02 Plans and Working Drawings Plans will show details of all structures, lines, grades, typical cross sections of the roadway, location and design of all structures, and a summary of Items appearing in the Proposal. The Plans will be supplemented by such working drawings as are necessary to adequately control the Work. Working drawings for structures shall be furnished by the Contractor and shall consist of such detailed Plans as may be required to adequately control The Work and which are not included in the Plans furnished by the Department. They shall include stress sheets, shop drawings, erection plans, falsework plans, cofferdam plans, bending diagrams for reinforcing steel or any other supplementary plans, or similar data required of the Contractor. All working drawings must be approved by the Engineer and such approval shall not operate to relieve the Contractor of any responsibility under the contract for the successful completion of The Work. The Contract Bid Prices shall include the cost of furnishing all working drawings. 105.03 Conformity with Plans and Specifications All Work performed and all materials furnished shall be in reasonably close conformity with the lines, grades, cross sections, dimensions, and material requirements, including tolerances, shown on the Plans or indicated in the Specifications. Plan dimensions and contract Specification values are to be considered as the target values to be strived for and complied with as the design values from which any deviations are allowed. It is the intent of the Specifications that the materials and workmanship shall be uniform in character and shall conform as nearly as realistically possible to the prescribed target value or to the middle portion of the tolerance range. The purpose of the tolerance range is to accommodate occasional minor variations from the median zone that are unavoidable for practical reasons. When either a maximum and minimum value or both are specified, the production and processing of the material and the performance of the work shall be so controlled that material or work will not be preponderantly of borderline quality or dimension. In the event the Engineer finds the materials or the finished product in which the materials are used not within reasonably close conformity with the Plans and Specifications, but that reasonably acceptable work has been produced, the Engineer shall then make a determination if the work shall be accepted and remain in place. In this event, except in cases where the appropriate price adjustments are provided for in the Specifications covering the materials and/or the finished product, a Supplemental Agreement will be executed documenting the basis of acceptance that will provide for an appropriate price Page 1 Section 105—Control of Work adjustment in the Contract Price for such work or materials as the Engineer deems necessary to conform to his determination based on engineering judgement. In the event the Engineer finds the materials or the finished product in which the materials are used or the work performed are not in reasonably close conformity with the Plans and Specifications, and have resulted in an inferior or unsatisfactory product, the work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor. 105.04 Coordination of Plans, Specifications, Supplemental Specifications, and Special Provisions These Standard Specifications, the Supplemental Specifications, the Plans, Special Provisions, and all supplementary documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In cases of discrepancy, the governing descending order will be as follows: 1. Special Provisions 2. Project Plans including Special Plan Details 3. Supplemental Specifications 4. Standard Plans including Standard Construction Details 5. Standard Specifications Calculated dimensions will govern over scaled dimensions. The Contractor shall take no advantage of any apparent error or omission in the Plans or Specifications. In the event the Contractor discovers such an error or omission, he shall immediately notify the Engineer. The Engineer will then make such corrections and interpretations as may be deemed necessary for fulfilling the intent of the Plans and Specifications. A. Specifications of Other Organizations When work is specified to be done or when materials are to be furnished according to the published specifications of organizations other than the Department, the latest specifications published by those organizations at the time bids are received shall apply unless otherwise specified. AASHTO Interim Specifications and ASTM Tentative Specifications will be considered effective on date of issue. B. Item Numbers The first three digits of any Item Number in the itemized Proposal designates the Specification section under which the Item shall be constructed. 105.05 Cooperation by Contractor The Contractor will be supplied with a minimum of two sets of approved Plans and Contract assemblies including Special Provisions, one set of which the Contractor shall keep available on The Work at all times. The Contractor shall give the Work the constant attention necessary to facilitate the progress thereof, and shall cooperate with the Engineer, Inspectors, and other Contractors in every way possible. The Contractor shall have on The Work at all times, as his agent, a competent Superintendent, capable of reading and thoroughly understanding the Plans and Specifications, and thoroughly experienced in the type of work being performed, who shall receive instructions from the Engineer or his authorized representatives. The Superintendent shall have full authority to execute orders or directions of the Engineer without delay and to promptly supply such materials, equipment, tools, labor, and incidentals as may be required. Such superintendence shall be furnished irrespective of the amount of work sublet. Page 2 Section 105—Control of Work The Superintendent shall notify the Engineer prior to starting any Pay Item Work. The Prime Contractor shall coordinate and be responsible to the Engineer for all activities of subcontractors. 105.06 Cooperation with Utilities The Department will notify all utility companies, all pipeline owners, all railroad companies, or other parties affected of Award of the Contract, giving the name and address of the Contractor, and will assist the Contractor in arranging for all necessary adjustments of the public or private utility fixtures, pipe lines, and other appurtenances within or adjacent to the limits of construction. Water lines, gas lines, wire lines, service connections, water and gas meter boxes, water and gas valve boxes, light standards, cableways, signals, railroad facilities, and all other utility appurtenances within the limits of the proposed construction which are to be relocated or adjusted are to be moved by the owners at their expense, except as otherwise provided for in the Special Provisions or as noted on the Plans. It is understood and agreed that the Contractor has considered in his bid all of the permanent and temporary utility appurtenances in their present location or relocated positions, both as shown on the Plans, and that no additional compensation will be allowed for any delays, inconvenience, or damage sustained by him due to any interference from said utility appurtenances or the operation of moving them. Delays and interruptions to the controlling Item or Items of The Work are covered in Subsection 107.21.G. It shall be each utility owner's responsibility to plan with the Contractor a schedule of operations which will clearly set forth at which stage of the Contractor's operations the utility owner will be required to perform his removal and relocation work. 105.07 Cooperation Between Contractors The Department reserves the right at any time to Contract for and perform other or additional work on or near The Work covered by the Contract. When separate Contracts are let within the limits of any one Project, each contractor shall conduct his work so as not to interfere with or hinder the progress or completion of The Work being performed by other Contractors. Contractors working on the same Project shall cooperate with each other. Each Contractor involved shall assume all liability, financial or otherwise, in connection with his Contract and shall protect and save harmless the Department from any and all damages or claims that may arise because of inconvenience, delay, or loss experienced by him because of the presence and operations of other Contractors working within the limits of the same Project. The Contractor shall arrange his work and shall place and dispose of the materials being used so as not to interfere with the operations of the other contractors within the limits of the same Project. He shall join his work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. At the request of the Structure Contractor, the Engineer will designate an area within the right-of-way, adjacent to each structure, to be reserved for use by the Structure Contractor for Storage of Equipment and Materials necessary to construct the particular structure. So long as he occupies this area, the Structure Contractor shall be responsible for its maintenance. The Structure Contractor must relinquish this area, however, as it becomes practical to utilize completed portions of the structure. 105.08 Construction Stakes, Lines and Grades (Subsection 105.08 Omitted) 105.09 Authority and Duties of the Resident Engineer The Resident Engineer, regardless of his administrative title, is the Engineer designated by the Department to be the direct representative of the Chief Engineer. The Resident Engineer has immediate charge of the engineering details of each construction Project, and is responsible for the administration and construction of the Project. Such administration includes Page 3 Section 105—Control of Work the designation of subordinates to represent him and make routine decisions. The Resident Engineer has the authority to reject defective material and to suspend any work that is being improperly performed. 105.10 Duties of the Inspector Inspectors employed by the Department are authorized to inspect all work done and materials furnished. Such inspection may extend to all or any part of The Work and to the preparation, fabrication, or manufacture of the materials to be used. The Inspector will not be authorized to alter or waive the provisions of the Contract. The Inspector will not be authorized to issue instructions contrary to the Plans and Specifications or to act as foreman for the Contractor. 105.11 Inspection of the Work All materials and each part of the detail of The Work shall be subject to inspection by the Engineer. The Engineer shall be allowed access to all parts of The Work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed Inspection. Upon the Engineer's request, the Contractor, at any time before acceptance of The Work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of The Work to the standard required by the Specifications. Should The Work thus exposed or examined prove acceptable, the uncovering or removing and the replacing of the covering or making good of the parts removed will be paid for as Extra Work; but should the work so exposed or examined prove unacceptable, the uncovering, or removing and the replacing of the covering or making good of the parts removed will be at the Contractor's expense. Any work done or materials used without supervision or inspection by an authorized Department representative may be ordered removed and replaced at the Contractor's expense, unless the Department representative failed to inspect after having been given reasonable notice in writing that The Work was to be performed. When any unit of government or political subdivision or any railroad corporation is to pay a portion of the cost of The Work covered by the Contract, its respective representatives shall have the right to inspect The Work. Such inspection shall in no sense make any unit of government or political subdivision or any railroad corporation a party to the Contract and shall in no way interfere with the rights of either party hereunder. 105.12 Removal of Unacceptable and Unauthorized Work All work that does not conform to the requirements of the Contract will be considered unacceptable unless otherwise determined acceptable under the provisions in Subsection 105.03. Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the Final Acceptance of The Work, shall be removed immediately and replaced in an acceptable manner. Except as elsewhere noted, no work shall be done without lines and grades having been given by the Engineer. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the Plans or as given, except as herein specified, or any Extra Work done without authority will be considered as unauthorized and will not be paid for under the provisions of the Contract. Work so done may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this section, the Engineer will have authority to cause unacceptable work to be remedied or removed and replaced and to cause unauthorized work to be removed, and to deduct the costs from any monies due or to become due the Contractor. 105.13 Claims for Adjustments and Disputes Whenever the Contractor believes that it is or will be entitled to additional compensation, whether due to delay, extra work, breach of contract, or other causes, the Contractor shall follow the procedures set forth in this Sub -Section. Page 4 Section 105—Control of Work A. Claims For Acceleration The Department shall have no liability for any constructive acceleration. If the Department gives express written direction for the Contractor to accelerate its effort, then both parties shall execute a Supplemental Agreement as provided in Subsection 104.03. B. Claims For Delay and All Other Claims Except Acceleration 1. The Department shall have no liability for damages beyond those items which are specifically payable under this Sub -Section. 2. The Department will be liable only for those delay damages caused by or arising from acts or omissions on the part of the Department which violate legal or contractual duties owed to the Contractor by the Department. The Contractor assumes the risk of damages from all other causes of delay. 3. The parties recognize that delays caused by or arising from right of way problems, defects in plans or design, redesign, changes in the Work by the Department, the actions of suppliers or other Contractors, the shop -drawing approval process, injunctions, court orders and other such events, forces or factors are commonly experienced in highway construction work. Such delays shall not constitute breaches of the Contract. However, such delays may constitute a basis for a claim for delay damages, if found to be in accordance with Subsection 105.13.13.2 above and other provisions of the Contract, and/or a request for a time extension. 4. The term "delay" shall be deemed to mean any event, action, force or factor which extends the Contractor's time of performance. This Subsection is intended to cover all such events, actions, forces or factors, whether they be styled "delay," "disruption," "interference," "impedance," "hindrance", "impact" or otherwise. 5. Compliance with the provisions of this Subsection will be an essential condition precedent to any recovery of damages by the Contractor. 6. The following items, and only the following items, may be recoverable by the Contractor as "damages: a. Additional direct hourly rates paid to employees for job site labor, including payroll taxes, welfare, insurance, benefits and all other labor burdens. b. Documented additional costs for materials. c. Additional equipment costs, as determined in accordance with this Sub -Section. d. Documented costs of extended job -site overhead. (Not applicable for claims other than delay claims.) e. An additional 15 percent of the total of Subsections 105.13.13.6. a, b, c and d, which sum includes home office overhead and profit. f. Bond costs. g. Subcontractor costs, as determined by, and limited to, those items identified as payable under Subsection 105.13.13.6. a, b, c, d, e, and f. 7. For purposes of computing additional equipment costs, rates used shall be based on the Contractor's actual experienced cost for each piece of equipment. These rates shall be supported by equipment cost records furnished by the Contractor. In no case will equipment rates be allowed in excess of those determined utilizing the "Rental Rate Blue Book," with the appropriate adjustments noted in Subsection 109.05. 8. The parties agree that, in any claim for damages, the Department will have no liability for the following items of damages or expense: Page 5 Section 105—Control of Work a. Profit, in excess of that provided herein. b. Loss of profit. c. Labor inefficiencies, except as allowed under Subsection 105.13.B.6.a. d. Home office overhead in excess of that provided herein. e. Consequential damages, including but not limited to loss of bonding capacity, loss of bidding opportunities and insolvency. f. Indirect costs or expenses of any nature. g. Attorneys fees, claims preparation expenses, or costs of litigation. h. Interest of any nature. 9. NOTICE OF POTENTIAL CLAIM: In any case in which the Contractor believes that it will be entitled to additional compensation, the Contractor shall notify the Engineer in writing of its intent to claim such additional compensation. Such notice shall be given in order that the Department can assess the situation, make an initial determination as to who is responsible, and institute appropriate changes or procedures to resolve the matter. a. Claims for Delay - The Department shall have no liability for any delay which occurred more than one week prior to the filing of such written notice. Failure of the Contractor to give such written notice in a timely fashion will be grounds for denial of the claim. b. All Other Claims Except Acceleration and Delay - If the Contractor does not file such written notice before beginning the work out of which such claim arises, then the Contractor hereby agrees that it shall have waived any additional compensation for that work and the Contractor shall have no claim thereto. 10. RECORDS: After filing a "Notice of Potential Claim", the Contractor shall keep daily records of all labor, material, and equipment costs incurred for operations affected. These daily records shall identify each operation affected and the specific locations where work is affected. The Department will also keep records of all labor, material, and equipment used on operations affected. At the time and place, as designated by the Engineer, on Monday, or the first work day, of each week following the date of filing a "Notice of Potential Claim", the Contractor shall meet with the Department's representative and present the daily records for the preceding week. If the Contractor's records indicate costs greater than those kept by the Department, the Department will present its records to the Contractor. The Contractor shall notify the Engineer in writing within three (3) work days of any inaccuracies noted in, or disagreements with, the Department's records. Refusal or repeated failure by the Contractor to attend these weekly meetings and present its records will constitute a waiver by the Contractor of any objections as to the accuracy of the Department's records. When the Contractor makes an objection as to the accuracy of the Department's records, the Engineer shall review the matter, and correct any inaccuracies he finds in the Department's records. For purposes of computing damages, the Department's records will control. In the event the Contractor wishes to contest the accuracy of the Department's records, it may file a petition pursuant to Rule 672-1-.05 of the Official Rules and Regulations of the Department of Transportation. The decision of the Engineer, or, if contested, the decision of the Agency, will be final and binding upon the parties as to any objections to the accuracy of the Department's records, subject to the Contractor's right to judicial review under O.C.G.A. Section 50-13-19. 11. On a weekly basis after filing a "Notice of Potential Claim" for delay damages, the Contractor shall prepare and submit to the Engineer written reports providing the following information: Page 6 Section 105—Control of Work a. Potential effect to the schedule caused by the delay. b. Identification of all operations that have been delayed, or are to be delayed. c. Explanation of how the Department's act or omission delayed each operation, and estimation of how much time is required to complete the project. d. Itemization of all extra costs being incurred, including: 1) An explanation as to how those extra costs relate to the delay and how they are being calculated and measured. 2) Identification of all project employees for whom costs are being compiled. 3) Identification of all manufacturer's numbers of all items of equipment for which costs are being compiled. C. Required Contents of Claims All claims shall be submitted in writing, and shall be sufficient in detail to enable the Engineer to ascertain the basis and the amount of each claim. The claim submission shall include six (6) copies. All information submitted to the Department under this Subsection will be used exclusively for analyzing the claim, resolving the claim or any litigation which might arise from the claim. At a minimum, the following information shall be provided: 1. A description of the operations that were delayed, the reasons for the delay, how they were delayed, including the report of all scheduling experts or other consultants, if any. (Not applicable for claims other than delay claims) 2. An as -built chart, CPM scheme or other diagram depicting in graphic form how the operations were adversely affected. (Not applicable for claims other than delay claims except where an extension of time is sought) 3. A detailed factual statement of the claim providing all necessary dates, locations and items of work affected by the claim. 4. The date on which actions resulting in the claim occurred or conditions resulting in the claim became evident. 5. A copy of the "Notice of Potential Claim" filed for the specific claim by the Contractor. 6. The name, function, and activity of each Department official, or employee, involved in, or knowledgeable about facts that gave rise to such claim. 7. The name, function, and activity of each Contractor or Subcontractor official, or employee, involved in, or knowledgeable about facts that gave rise to such claim. 8. The identification of any pertinent documents, and the substance of any material oral communication relating to such claim. 9. A statement as to whether the additional compensation or extension of time sought is based on the provisions of the Contract or an alleged breach of Contract. 10. The specific provisions of the Contract which support the claim, and a statement of the reasons why such provisions support the claim. 11. The amount of additional compensation sought and a break -down of that amount into the categories specified as payable under Subsection 105.13.13.6, above. 12. If an extension of time is also sought, the specific days for which it is sought and the basis for such request. Page 7 Section 105—Control of Work D. Required Certification of Claims When submitting the claim, the Contractor shall certify in writing, under oath in accordance with the formalities required by Georgia law, as to the following: 1. That the claim is made in good faith. 2. That supportive data are accurate and complete to the Contractor's best knowledge and belief that the amount of the claim accurately reflects what the Contractor in good faith believes to be the Department's liability. The Contractor shall use the CERTIFICATE OF CLAIM form, which can be obtained from the Department, in complying with these requirements. E. Auditing of Claims All claims filed against the Department shall be subject to audit at any time following the filing of such claim, whether or not such claim is part of a suit pending in the courts of this State. The audit may be performed by employees of the Department or by an independent auditor on behalf of the Department. The audit may begin on ten days notice to the Contractor, Subcontractor, or Supplier. The Contractor, Subcontractor, or Supplier shall make a good faith effort to cooperate with the auditors. Failure to cooperate with the auditor shall constitute a waiver by the Contractor of the claim in its entirety. Failure of the Contractor, Subcontractor, or Supplier to maintain and retain sufficient records to allow the Department's auditor to verify the claim shall constitute a waiver of that portion of such claim that cannot be verified and shall bar recovery thereunder. If the claim is part of a suit pending in a court of this state or if the claim becomes a part of a suit in a court of this state, the questions of whether the Contractor has cooperated with the auditor or failed to maintain and retain sufficient records to allow the auditor to verify the claim shall be questions for determination by the judge without the assistance of a jury. Without limiting the generality of the foregoing, and as a minimum, the auditors shall have available to them the following documents: 1. Daily time sheets and foreman's daily reports. 2. Project payroll register. 3. Profit and loss statements for the Project. 4. Payroll tax returns. 5. Material invoices, purchase orders, and all material and supply acquisition contracts for the Project. 6. Material cost distribution worksheet for the Project. 7. Equipment records (list of company equipment, rates, etc.) 8. Vendor rental agreements, and subcontractor invoices. 9. Subcontractor payment certificates. 10. Canceled checks (payroll and vendors) for the Project. 11. Job cost report for the Project. 12. Job payroll ledger for the Project. 13. General ledger, general journal, (if used) and all subsidiary ledgers and journals together with all supporting documentation pertinent to entries made in these ledgers and journals. Page 8 Section 105 --Control of Work 14. Cash Disbursements journal for the Project. 15. Certified financial statements for all years reflecting the operations on this project. 16. Depreciation records on all company equipment whether such records are maintained by the company involved, its accountant, or others. 17. If a source other than depreciation records is used to develop costs for the Contractor's internal purposes in establishing the actual cost of owning and operating equipment, all such other source documents. 18. All documents which relate to each and every claim together with all documents which support the amount of damages as to each claim. 19. Worksheets used to prepare the claim establishing the cost components for items of the claim including, but not limited to, labor, benefits and insurance, materials, equipment, subcontractors, and all documents which establish the time periods, individuals involved, the hours and the rates for the individuals. F. Mediation After compliance by the Contractor with parts B., C., D. and E. of Subsection 105.13 and if the Contractor's claim has been disallowed in whole or in part, then the Contractor may, within 30 calendar days from receipt of the ruling of the Engineer, make a written request to the Engineer that the claim or claims be referred to mediation. If requested in accordance with this specification, mediation shall be granted by the Department. In which case, within 30 days of receipt by the Department of the Contractor's request for mediation, the Contractor and the Department will meet to select a mediator. The mediator will then schedule the mediation at a place, time, and earliest date agreeable to the Contractor and the Department. The Contractor and the Department mutually agree that mediation shall be a condition precedent to the filing of any lawsuit concerning claims or alleged breaches of the Contract. The costs and expenses of the mediator, selected by mutual agreement of the parties, will be divided equally between the Department and the Contractor. Each party to the mediation shall bear its own costs of preparing for and participating in the mediation. G. Remedies Exclusive In the event any legal action is instituted against the Department by the Contractor on account of any claim for additional compensation, whether on account of delay, acceleration, breach of contract, claimed extra work, or otherwise, the Contractor agrees that the Department's liability will be limited to those items which are specifically identified as payable in this Sub -Section. 105.14 Maintenance During Construction The Contractor shall maintain the project during construction and until the Project is accepted. This maintenance shall constitute the continuous and effective work prosecuted day by day, with adequate equipment and forces to the end that all areas of the project are kept in satisfactory condition at all times. The Contractor's area of responsibility for maintenance is confined to the physical construction limits plus any areas affected by the Contractor's activities. Once maintenance acceptance or final acceptance has been made, the Contractor is no longer responsible for damage to The Work other than that attributable to the Contractor's actions or inadequate construction. In case of separate contracts, each Contractor shall be responsible for any damage to the completed work of others caused by his actions or negligence. Where the work of one Contractor has been accepted by the Department, the Contractor performing subsequent work in the area shall be responsible for the maintenance and protection of all work previously completed. If separate bridge contracts are let within the limits of a Roadway Project and the Bridge Contractor completes his Contract before the Roadway Contractor, the Bridge Contract may be accepted and the Roadway Contractor will be responsible for maintenance of the new bridge until it is opened to traffic. If the Roadway Contractor hauls materials across the bridge the Page 9 Section 105 --Control of Work Roadway Contractor shall protect the endposts, deck surface, deck edges, joints, and all other vulnerable features of the bridge by use of adequate timber or earth cushions as directed by the Engineer. The Roadway Contractor shall repair all damage caused by such use, including resealing of joints and rerubbing of finish at his own expense. All cost of maintenance work during construction and before the Project is accepted shall be included in the Unit Prices Bid on the various Pay Items and the Contractor will not be paid an additional amount for such work except as provided in Subsection 104.05.8. The Contractor shall not allow vegetative growth at any time to obstruct signs, delineation, traffic movements, or sight distance. The Contractor shall at intervals not to exceed six months, clean up and remove litter and debris; remove weeds from around guardrail, barrier, poles, standards, utility facilities, and other structures; and cut or trim trees, bushes or tall grass. These requirements shall apply to all areas within the project termini and lateral limits. 105.15 Failure to Maintain Roadway or Structures If at any time, the Contractor fails to comply with the provisions of Subsection 105.14, the Engineer will immediately notify the Contractor of such noncompliance. If the Contractor fails to remedy the unsatisfactory maintenance within 48 hours after receipt of such notice, the Engineer may immediately proceed to maintain The Work, and the entire cost of this maintenance will be deducted from monies due or to become due the Contractor under the Contract. As an alternative to the Engineer's maintaining the Work, all the Items and quantities of work done, but not properly maintained, may be deducted from the current progress estimate, even if such Items have been paid for in a previous estimate. 105.16 Final Inspection and Acceptance Upon due written notice from the Contractor of substantial completion of the entire Project, the Engineer will determine if the Project is ready for a Final Inspection. The Engineer will have the final decision on when the Project is substantially complete and thereby ready for a Final Inspection. If the Engineer finds the Project substantially complete the Engineer will schedule the Final Inspection. If all construction provided for and contemplated by the Contract is found completed to the Engineer's satisfaction and all documents required in connection with the Project have been submitted by the Contractor, the Engineer will make the Final Acceptance and notify the Contractor in writing of this acceptance. If, however, the Final Inspection discloses any work, in whole or part, as being unsatisfactory, the Engineer will provide the Contractor with a written punch -list that includes the necessary instructions for correction of same. The punch -list will also include any remaining work to be completed and any final reports and other documentation required to be submitted by the Contractor. The Contractor shall immediately comply with and execute such instructions. When all construction provided for and contemplated by the Contract is found completed to the Engineer's satisfaction, including submission of any required documentation, the Engineer will make the Final Acceptance and notify the Contractor in writing of this acceptance. When the Contractor has finished a major portion of the Contract, the Contractor may request that a semi-final inspection be made. At the discretion of the Engineer, who shall be sole judge as to making the inspection, if the work is satisfactory, as described in the first paragraph of this Section, that portion of the Contract may be accepted, opened to traffic, if not already carrying traffic, and the Contractor relieved of the maintenance obligations as described elsewhere in these Specifications. Such partial acceptance shall in no way relieve the Contractor of responsibility for satisfactory completion of the Contract, or for failure of any portion of the accepted work prior to Final Acceptance of the Project. Page 10 MILTONtt ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 23, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Subdivision Plat - Consent MEETING DATE: Monday, November 6, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (�IAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: 6e� 6440 CITY ATTORNEY REVIEW REQUIRED: () YES V 0 APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 4007-60 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 October 17, 2017 for the November 6, 2017 Regular Council Meeting Agenda Item: Approval of Combination Plat Approval ____________________________________________________________________________ Department Recommendation: To approve the combination 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 Consent Plats Staff Memo Page 2 of 6 Name of Development / Location Action Comments / # lots Total Acres Density 13540 Highway 9 Minor Plat 1 50.05 50.05 acres Consent Plats Staff Memo Page 3 of 6 Consent Plats Staff Memo Page 4 of 6 CURRENT PARCELS Consent Plats Staff Memo Page 5 of 6 Consent Plats Staff Memo Page 6 of 6 TO: FROM: AGENDA ITEM: MEETING DATE: MILTONIP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: October 23, 2017 Steven Krokoff, City Manager 0) Proclamation Recognizing Veterans Day 2017 Monday, November 6, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (.41N0 CITY ATTORNEY REVIEW REQUIRED: () YES (,-ANO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: if �0&f m 1 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 Veterans Day 2017 WHEREAS, it has long been our custom to commemorate November 11th, the anniversary of the ending of World War I, by paying tribute to the heroes of that tragic struggle and by rededicating ourselves to the cause of peace; and WHEREAS, in the intervening years the United States has been involved in several other great military conflicts, which have added millions of veterans living and dead to the honor rolls of this Nation; and WHEREAS, the Congress passed a concurrent resolution on June 4, 1926 (44 Stat. 1982), calling for the observance of November 11th with appropriate ceremonies, and later provided in an Act approved May 13, 1938 (52 Stat. 351), that the eleventh of November should be a legal holiday and should be known as Armistice Day; and WHEREAS, in order to expand the significance of that commemoration and in order that a grateful Nation might pay appropriate homage to the veterans of all its wars who have contributed so much to the preservation of this Nation, the Congress, by an Act approved June 1, 1954 (68 Stat. 168), changed the name of the holiday to Veterans Day. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby call upon all of our citizens to observe November 11, 2017 as Veterans Day. On that day let us solemnly remember the sacrifices of all those who fought so valiantly, on the seas, in the air, and on foreign shores, to preserve our heritage of freedom, and let us consecrate ourselves to the task of promoting an enduring peace so that their efforts shall not have been in vain. Given under my hand and seal of the City of Milton, Georgia on this 6th day of November 2017. _____________________________ Joe Lockwood, Mayor MILTON'lP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 23, 2017 FROM: Steven Krokoff, City ManageC� AGENDA ITEM: Proclamation Recognizing Native American History Month MEETING DATE: Monday, November 6, 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 ((NO CITY ATTORNEY REVIEW REQUIRED: (J YES (,�NO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: I1 f b&(2or-1 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 Native American History Month WHEREAS, The Americans we know as American Indians and Native Americans were the first explorers and settlers of the areas that now make up the United States; and WHEREAS, Mountains and rivers, lakes and valleys, states and counties, trails and towns across this land have Indian names; they are lasting reminders of the presence and the significance of American Indians not just in our geography but throughout the whole of American history; and WHEREAS, Many of the foods we eat and the medicines and remedies we use were introduced by Indians, and more than one highway follows an Indian trail; and WHEREAS, Indians make contributions in every area of endeavor and American life, and our literature and all our arts draw upon Indian themes and wisdom; and WHEREAS, Countless American Indians have served in our Armed Forces and have fought valiantly for our country; and WHEREAS, During the Thanksgiving season, generations of Americans are reminded of the early friendship of the Pilgrims and American Indians. Now, therefore, we, the Mayor and City Council of the City of Milton, hereby dictate and proclaim November as “Native American History Month” in the City of Milton, Georgia. Given under our hand and seal of the City of Milton, Georgia on this 6th day of November, 2017. _________________________________ Joe Lockwood, Mayor M MILTONot ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 23, 2017 FROM: Steven Krokoff, City Manage AGENDA ITEM: Consideration of an Ordinance Reaffirming and Establishing Chapter 46 of the Milton Code of Ordinances Governing Solid Waste Collection Services within the City of Milton. MEETING DATE: Monday, November 6, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (4, -APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (-I-'N0 CITY ATTORNEY REVIEW REQUIRED: () YES (,x'110 APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: Irl c(,I Ze 1-) 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: Teresa Stickels, Sustainability Coordinator Date: Submitted on October 31, 2017 for the November 6, 2017 Regular Council Meeting for First Presentation and November 20, 2017 for Unfinished Business Agenda Item: Consideration of an Ordinance Reaffirming and Establishing Chapter 46 of the Milton Code of Ordinances Governing Solid Waste Collection Services within the City of Milton. ____________________________________________________________________________ Department Recommendation: Re-affirm the ordinance approving and establishing the regulation of solid waste collection services within the City of Milton and direct City Staff to facilitate the contracting of such services to providers currently in operation and those who may become in operation. There are no recommended changes to this year’s ordinance. Executive Summary: The original ordinance was passed on November 21, 2006 and has been approved each successive year since its original enactment. The City’s authority to enter into solid waste franchise agreements originates from this ordinance. This ordinance requires approval each year in order to continue the enforcement of our solid waste franchise agreements. The following companies are on the current list of approved haulers: Advanced Disposal Allegiance Sanitation American Disposal Arrow Waste Custom Disposal Grogan Disposal GW Lovelace Henry Edward Kincaid M&M Waste Republic Services Sanitation Solutions Waste Management Waste Pro Page 2 of 2 Funding and Fiscal Impact: The ordinance contains the requirement for an infrastructure maintenance fee to be paid to the city quarterly in the amount of 5% of gross receipts. As of October 2017 the revenue collected was $94,110.34. The FY17 third quarter payments are due November 15, 2017, after which we will have the totals for FY 2017. Alternatives: If not approved, the City would lose its authority to regulate solid waste collection within our corporate limits and the ability to collect franchise fees for the same activity, with the accompanying loss of revenue. Legal Review: n/a Concurrent Review: Steve Krokoff, City Manager Kathleen Field, Community Development Director Attachment(s): Solid Waste Ordinance Page 1 of 21 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE REAFFIRMING AND ESTABLISHING CHAPTER 46 OF THE MILTON CODE OF ORDINANCES GOVERNING SOLID WASTE COLLECTION SERVICES WITHIN THE CITY OF MILTON; PROVIDING FOR THE SCOPE AND NATURE OF THE OPERATION; PROVIDING FOR THE DISPOSAL OF GARBAGE, SOLID WASTE AND REFUSE; REQUIRING THE EXECUTION BY SERVICE PROVIDERS OF A NON-EXCLUSIVE AGREEMENT WITH THE CITY OF MILTON; PROVIDING PROCEDURES FOR THE HANDLING OF COMPLAINTS; PROVIDING FOR AN INFRASTRUCTURE MAINTENANCE FEE; REQUIRING INDEMNITY INSURANCE; PROVIDING FOR REVOCATION AND AMENDMENT; PROHIBITING ASSIGNMENT AND SUBLETTING WITHOUT CONSENT; PROVIDING FOR FORFEITURE; AND FOR MAKING OTHER PROVISIONS. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on November 20, 2017 at 6:00 p.m. as follows: SECTION 1. The City of Milton (“City”) seeks to provide standards of operation, regulation, and oversight in the providing of solid waste services within the corporate city limits; SECTION 2. The City currently recognizes the following companies as “Approved Haulers” in the City limits: Advanced Disposal, Allegiance Sanitation, American Disposal Services, Arrow Inc., Custom Disposal, Grogan’s Disposal, GW Lovelace, Henry Edward Kincaid, M&M Waste, Republic Services, Sanitation Solutions, Waste Management, and Waste Pro; SECTION 3. The City seeks to confirm the “Approved Haulers” list as long as the companies are found to be acting consistently with the Ordinance and recognizes that the City Council may seek to amend the Approved Haulers List as need arises and in accordance with the established Solid Waste Ordinance; SECTION 4. It is in the interest of the City and its citizens to offer companies currently providing such services a non-exclusive contract on such terms and conditions that will provide the City with the controls and options necessary to provide for the public good; SECTION 5. Chapter 46 of the Milton City Code of Ordinances, the Milton Solid Waste Ordinance, attached hereto as Exhibit A is hereby ratified, approved and affirmed, subject to those redline modifications set forth in attached Exhibit A; SECTION 6. All ordinances, parts of ordinances, or regulations in conflict herewith are rejected; SECTION 7. This Ordinance shall become effective upon its adoption; Page 2 of 21 ORDAINED this the 20th day of November, 2017. __________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) Page 3 of 21 EXHIBIT A Chapter 46 - SOLID WASTE [46] (46) State Law reference— Solid waste management generally, O.C.G.A. § 12-8-20 et seq.; Georgia Comprehensive Solid Waste Management Act, O.C.G.A. § 12-9-1; hazardous waste management, O.C.G.A. § 12-8-79; local and regional solid waste plans, O.C.G.A. § 12-8-31.1; tire disposal restrictions, O.C.G.A. § 12-8-40.1; yard trimmings and disposal restrictions, O.C.G.A. § 12-8-40.2; authorization for local government units to enforce collection of taxes, fees, or assessments for solid waste management, O.C.G.A. § 12-8-39.3; authority of local governments to adopt and enforce local regulations for the handling and disposal of solid waste, O.C.G.A. § 12-8-30.9; Litter Control Law, O.C.G.A. § 16-7-40; transporting garbage or waste across state or county boundaries pursuant to contract, O.C.G.A. § 36-1-16; Resource Recovery Development Authorities Law, O.C.G.A. § 36-63-1 et seq.; littering highways, O.C.G.A. § 40-6-249. ARTICLE I. - IN GENERAL ARTICLE II. - LITTERING ARTICLE III. - COLLECTION SERVICES ARTICLE I. - IN GENERAL Sec. 46-1. - Definitions. Sec. 46-2. - Purpose. Sec. 46-3. - Collection fees. Sec. 46-4. - Medical waste to be disposed of according to state and federal regulations. Secs. 46-5—46-23. - Reserved Sec. 46-1. - Definitions. For the purpose of this chapter, whenever inconsistent with the context, words used in the present tense include the future tense, words in the plural include the singular, words in the singular include the plural, and the use of any gender shall be applic able to all genders whenever the sense requires. The words "shall" and "will" are mandatory and the word "may" is permissive. Words not defined in this section or otherwise in this chapter shall be given their common and ordinary meaning. The following words, terms, phrases and their derivations shall, in this chapter, have the meaning given in this section. Approved container or approved bag or container or bag means those containers used in the collection of solid waste, as defined in this chapter, which have been approved by the company for use by both residential and commercial customers. Area shall mean the area within the boundaries of the incorporated areas of the City of Milton, Page 4 of 21 as they exist as of the effective date in addition to future boundary changes as outlined in [the term "city"]. City means the City of Milton, Georgia, an incorporated municipal government in Fulton County, State of Georgia. Boundaries defining the city limits may be changed via ordinances approved by the city council, for which any new boundary created shall be subject to this contract. Commercial unit shall mean any structure, whether freestanding or designed to serve multiple tenants, whose primary purpose is for conducting business. Company means any organization, firm, person, entity, corporation or other business that contracts with customers to provide for the collection and disposal of solid waste material as defined in this article, and including but not limited to construction/demolition debris, dead animals, garbage, waste, storm debris, yard trimmings, and recyclable material. Construction/demolition debris shall have the meaning set forth by the Georgia Department of Natural Resources, Environmental Protection Division (Georgia EPD Chapter 391-3- 4.01(14)). Construction site shall mean any parcel of land or real property having land disturbance, clearing and grading, demolition, improvements and betterments, renovation, remodeling and/or new construction work performed thereon or about the real property or premises whether or not a land disturbance and/or building permit is required. Customer shall mean any firm, person, entity, corporation or organization that contracts with a company for the collection and disposal of solid waste material as defined in this chapter, and including, but not limited to, construction/demolition debris, dead animals, garbage, waste, storm debris, yard trimmings, and recyclable material. Dead animals shall mean animals or portions thereof equal to or greater than ten pounds in weight that have died from any cause, except those slaughtered or killed for human use. Effective date means any contract executed between the city and any company on or after December 1, 2009. Environmental laws means all applicable laws, directives, rules, ordinances, codes, guidelines, regulations, governmental, administrative or judicial orders or decrees or other legal requirements of any kind, including, without limitation, common law, whether currently in existence or hereafter promulgated, enacted, adopted or amended, relating to safety, preservation or protection of human health and the environment (including ambient air, surface water, groundwater, land, or subsurface strata) and/or relating to the handling, treatment, transportation or disposal of waste, substances or materials, including, without limitation, any matters related to releases and threatened releases of materials and substances. Garbage shall have the meaning set forth at Georgia Department of Natural Resources, Environmental Protection Division ("Georgia EPD Chapter 391-3-4-.01(21)). Gross receipts shall mean the total amount collected by the company from any and all customers for services rendered under authority of this chapter as a result of charges for service. Gross receipts shall not include the infrastructure maintenance fee identified in this Page 5 of 21 chapter. Hazardous materials means any pollutant, contaminant, hazardous or toxic substance, constituent or material, including, without limitation, petroleum products and their derivatives, or other substances, regulated under or pursuant to any environmental laws. The term "hazardous materials" also includes any pollutant, contaminant, hazardous or toxic substance, constituent or material, including, without limitation, petroleum products and their derivatives, or other substance that is, after the date first written above, deemed hazardous be any judicial or governmental entity, body or agency having jurisdiction to make that determination. Hazardous waste means any waste regulated under or pursuant to any environmental laws, including, but not limited to, any solid waste which has been defined as a hazardous waste in regulations promulgated by the Board of Natural Resources, Chapter 291-3-11. The term "hazardous waste" also includes hazardous materials and any waste that is, after the effective date of this agreement, deemed hazardous by any judicial or governmental entity, board, body or agency having jurisdiction to make that determination. The term "hazardous waste" will be construed to have the broader, more encompassing definition where a conflict exists in the definitions employed by two or more governmental entities having concurrent or overlapping jurisdiction over hazardous waste. Recycling shall have the meaning set forth at Georgia Department of Natural Resources, Environmental Protection Division ("Georgia EPD") Chapter 391-3-4-.01(57). Residential unit shall mean any structure, whether single family, multi-family, or otherwise whose primary purpose is for living. Solid waste means the collection of residential and commercial nonrecyclable waste, residential and commercial recyclable waste, and residential yard trimmings/waste. Term shall mean a period of one year from the effective date. Waste means all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including residential or commercial garbage, trash, refuse, paper, rubbish, ashes, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes. Yard trimmings shall have the meaning set forth at Georgia Department of Natural Resources, Environmental Protection Division ("Georgia EPD") Chapter 391-3-4-.01(77). (Ord. No. 06-11-04, § 1, 11-21-2006; Ord. No. 07-11-54, § 1, 11-15-2007; Ord. No. 08-11-30, § 1, 11-17-2008; Ord. No. 10-11-84, § 1, 11-15-2010) Sec. 46-2. - Purpose. This chapter regulates the collection and disposal of waste and garbage including, but not limited to, all waste byproducts of manufacturing or commercial establishments, cinders and ashes from commercial boilers, and cardboard and wooden boxes, crates and barrels, as well domestic waste including meat, vegetable and fruit scraps, cans, bottles, paper, cardboard, rags, ashes, and other such waste material ordinarily disposed from residences, churches, schools, small business establishments, and other such places. (1) The term "garbage" does not include animals, fowl, and fish entrails, bones and Page 6 of 21 carcasses whether in whole or in part, from business establishments such as slaughterhouses and meat and fish markets. Such material means "other waste." (2) The term "waste" also includes animal, fowl, and fish excrement, entrails, bones, carcasses in whole or in part and dead animals, and any other refuse material not otherwise classified herein. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 1), 3-17-2008) Sec. 46-3. - Collection fees. All fees are listed in Sec. 46-70 Contract and Rental Fees. Sec. 46-4. - Medical waste to be disposed of according to state and federal regulations. Hospitals and health care professionals or other entities disposing of medical waste including, but not limited to, any device used to puncture or lacerate skin, shall be disposed of in a manner consistent with federal and state regulations. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 4), 3-17-2008) Secs. 46-5—46-23. - Reserved ARTICLE II. - LITTERING Sec. 46-24. - Prohibited. Secs. 46-25—46-43. - Reserved. Sec. 46-24. - Prohibited. (a) Unlawful acts defined. (1) Public littering. It shall be unlawful for any person, in person or by his or her agent, employee, or servant, to cast, throw, sweep, sift, or deposit in any manner in or upon any public way or other public place in the city or the river, creek, branch, public water, drain, sewer, or receiving basin within the city's jurisdiction, any kind of leaves, dirt, rubbish, waste article, thing, or substance whatsoever, whether liquid or solid. Nor shall any person cast, throw, sweep, sift, or deposit any of the aforementioned items anywhere within the city's jurisdiction in such a manner that it may be carried or deposited in whole or in part, by the action of the sun, wind, rain, or snow, into any of the aforementioned places; provided that this section shall not apply to: a. The deposit of material under a permit authorized by any city ordinance; b. Goods, wares, or merchandise deposited upon any public way or other public place temporarily, in the necessary course of trade, and removed there from within two hours after being so deposited; or c. Articles or things deposited in or conducted into the city sewer system Page 7 of 21 through lawful drains in accordance with the city ordinances relating thereto. (2) Private littering. The acts described in subsection (a)(1) of this section shall also apply to acts committed to or against private property without the consent of the owner. (b) All business firms dispensing their product in cups, plates, wrappers, sacks, and other similar forms of containers shall provide adequate metal or plastic containers upon the premises for collection of refuse. It shall be the express responsibility of all such business firms to collect all cups, plates, wrappers, sacks, and other similar forms of containers dispensed by said business that may discarded upon the premises or neighboring street and sidewalks. It further shall be the responsibility of said business to collect the aforementioned items from the premises of the neighboring property when the owners of the property specifically request and authorize the business personnel to enter upon their property for that purpose. (c) Construction site operators must properly dispose (or discard) building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. All construction site operators shall provide adequate containers upon the premises for collection of said materials and any waste generated or collected at the site. (d) Any person who shall violate any of the provisions of, or who fails to perform any duty imposed by this section or who violates any order or determination of the department promulgated pursuant to this article shall be punished as directed by law, and in addition thereto, may be enjoined from continuing the violation. Each day a violation occurs shall constitute a separate offense. Any willful and wanton violation of this subsection resulting in the unlawful littering of the streets, sidewalks, and neighboring property shall be deemed a nuisance and on conviction thereof by the city court, the mayor and city council may after a notice and a hearing revoke the business license of the violator. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 5), 3-17-2008) Secs. 46-25—46-43. - Reserved. ARTICLE III. - COLLECTION SERVICES DIVISION 1. - GENERALLY DIVISION 2. - CONTRACTUAL PROVISIONS DIVISION 3. - TERMINATION OF CONTRACT DIVISION 4. - ADDITIONAL PROVISIONS DIVISION 1. - GENERALLY Secs. 46-44—46-62. - Reserved. Page 8 of 21 Secs. 46-44—46-62. - Reserved. DIVISION 2. - CONTRACTUAL PROVISIONS Sec. 46-63. - Authority. Sec. 46-64. - Grant of nonexclusive contract. Sec. 46-65. - Term. Sec. 46-66. - Scope and nature of operation. Sec. 46-67. - Vehicles to be covered and identified. Sec. 46-68. - Regulation of containers. Sec. 46-69. - Disposal of refuse. Sec. 46-70. - Contract and rental fees. Sec. 46-71. - Compliance with law. Sec. 46-72. - Insurance provided by company. Sec. 46-73. - Indemnification and hold harmless. Secs. 46-74—46-92. - Reserved. Sec. 46-63. - Authority. The city is empowered to contract with one or several third parties to collect and dispose of all garbage, waste, commercial waste, and yard waste generated by the city. In addition, the city may sell franchise rights in garbage collection to third parties. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 2), 3-17-2008) Sec. 46-64. - Grant of nonexclusive contract. The city shall hereby grant to companies a nonexclusive contract pursuant to the terms set forth herein to use the public streets, alleys, roads and thoroughfares within the city for the purpose of operating and engaging in the business of collecting and disposing of waste; including, but not limited to, contracting with customers and providing service pursuant to contract therefore, placing and servicing containers, operating trucks, vehicles and trailers, and such other operations and activity as are customary and/or incidental to such business and service. (Ord. No. 06-11-04, § 2, 11-21-2006; Ord. No. 07-11-54, § 2, 11-15-2007; Ord. No. 08-11-30, § 2, 11-17-2008; Ord. No. 10-11-84, § 2, 11-15-2010) Sec. 46-65. - Term. The term of any agreement shall be for a period of one year beginning on the effective date of the contract execution and terminating on the first anniversary of said date. The company shall begin performance under this contract immediately after the effective date of the contract execution. (Ord. No. 06-11-04, § 3, 11-21-2006; Ord. No. 07-11-54, § 3, 11-15-2007; Ord. No. 08-11-30, § 3, 11-17-2008; Ord. No. 10-11-84, § 3, 11-15-2010) Editor's note— Section 3 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-65 from "One year in length" to "Term." Page 9 of 21 Sec. 46-66. - Scope and nature of operation. (a) Residential and commercial refuse and waste. The company may collect and deliver for disposal all residential and commercial refuse and waste accumulated within the corporate limits of the city by the company's customers and the words "refuse", "garbage", "trash" a nd "waste" when used in this article are used for convenience and, unless the context shows otherwise, refer to yard trimmings, recycling, storm debris, garbage, and construction/demolition debris. The company will furnish the personnel and equipment to collect refuse, provide the services described herein, and as contracted for with its customers, in an efficient and businesslike manner. (b) Service provided. Company shall provide container, bin and other collection service for the collection of residential and commercial refuse and waste according to the individual customer agreements and applicable city regulations and shall make provision for the special collection of such refuse and waste upon request. The company shall cause or require its equipment, containers and bins to be kept and maintained in a manner to not cause or create a threat to the public health and shall keep the same in a good state of repair. (c) Collection operation. (a) Save and except as provided in this section, collection shall not start before 7:30 a.m. or continue after 7:30 p.m. at any location. Company may request variances to this collection period provided that collections: (i) are made in a manner that does not cause or result in loud noise; and (ii) that are made at a location which will not cause the disturbance of persons occupying the premises or neighboring property must first be confirmed prior to the request. All requests for variances of times must be submitted to the city manager, or his designee, and include documentation on the hardship created by the collection operation period. Should such a collection operation variance be granted and the city receives two complaints about the collection operation in any six-month time period, the city shall verify and substantiate the factual basis for any complaints. Should the complaints be substantiated, the collection operation variance will be revoked. The frequency of collection shall be determined by each individual customer agreement. (d) Holidays. The company shall observe such holidays as it, in its sole discretion, determines appropriate. Notification must be given by the company to it's customers of the holidays and resulting collection cycles. (e) All companies must maintain a local customer service telephone number while conducting business within the city. The telephone number must be publicly listed in a phone book and available through directory assistance. Each company providing trash receptacles, whether commercial or residential, must mark each receptacle with the company's name and telephone number in letters not less than four inches in height. Each company must provide a mechanism to accept, investigate, and respond to customer complaints. Companies are strongly encouraged to use multi-media devices including interactive websites, e-mail, fax, and automated telephone systems. Service calls received by the city as a result of noncompany performance will result in the consideration of revocation of a nonexclusive contract or the city's choice to not renew an existing agreement. (f) Any invoice, bill, statement, or other device intended to request remittance by the customer to the company of funds for payment of service shall include at a minimum, the company's telephone number and payment methods available to customers. (g) All companies providing residential service or service to residential multi-family units Page 10 of 21 must provide a recycling program to all customers. This program is intended to promote recycling programs throughout the city by reducing the amount of waste landfilled. Commodities may be commingled by the consumer and collected commingled by the hauler. Recycled commodities which must be offered in all programs are as follows: brown, clear, and green glass; steel and tin cans; aluminum cans, foil, pie pans, plastic items (#1, #2, and #3); cardboard, cereal boxes and any nonwaxed paper containers; brown paper grocery bags; newspapers; magazines; telephone books; junk mail; office papers; and school papers. Customers shall be charged for the recycling program by the company regardless of utilization of the service. Haulers are to include this service with their residential rate structure; however, the charge for recycling shall be shown separate from other services provided. (h) All companies providing commercial service must offer and promote a recycling program to all customers. This program is intended to promote recycling programs throughout the city by reducing the amount of waste landfilled. (i) All companies providing residential service must offer the collection of yard trimmings to all customers. This program is intended to assist in the collection and disposal of grass clippings; leaves; pine cones and needles; twigs, limbs, and trunks of trees meeting size limitations set by company; bushes, brush, and all other general debris generated from the maintenance of residential yards and lawns. (j) It shall be the company's obligation and responsibility to educate all customers on industry trends and best practices relating to solid waste collection, removal, and disposal. Such education programs must consist of the following elements: Recycling; holiday schedules; new customer information; and any service related items. All companies have the obligation to inform customers of any noncollected trash or items placed for collection by the customer but not covered under the agreement between the customer and the company. Further, it shall be the company's obligation and responsibility to educate customers on days of collection for each specific service provided. All education and communication between the company and customers should promote the placement of residential collectibles at the curb the night before pick-up. Receptacles, containers, or bagged materials shall not be left at the curb for longer than a 24-hour period. (Ord. No. 06-11-04, § 4, 11-21-2006; Ord. No. 07-11-54, § 4, 11-15-2007; Ord. No. 08-11-30, § 4, 11-17-2008; Ord. No. 10-11-84, § 4, 11-15-2010) Sec. 46-67. - Vehicles to be covered and identified. (a) All vehicles used by company for the collection and transportation of refuse shall be covered at all times while loaded and in transit to prevent the blowing or scattering of refuse onto the public streets or properties adjacent thereto, and such vehicles shall be clearly marked with the company's name and telephone number in letters not less than four inches in height. (b) Company must provide a comprehensive and proactive driver safety education program which encourages safety on city streets. Such program must be demonstrated and conveyed to the city. Company must comply with all other regulatory agencies, both local, state, or otherwise with respect to commercial vehicle operation within the city. Service calls received by the city as a result of noncompany performance will result in the consideration of revoking a nonexclusive contract or the city's choice to not renew an existing agreement. Page 11 of 21 (c) Company must manage collection services delivered within the city to minimize the number of vehicles on city roads. Coordination between haulers and service providers is strongly encouraged to manage service vehicles on residential streets and neighborhoods. (d) Should company utilize "scout" trucks to facilitate collection in residential areas where it is not feasible to use standard collection vehicles, such vehicles must be covered at all times while loaded and in transit should they exceed 30 miles per hour or be driven more than 300 yards on a public street. (Ord. No. 06-11-04, § 5, 11-21-2006; Ord. No. 07-11-54, § 5, 11-15-2007; Ord. No. 08-11-30, § 5, 11-17-2008; Ord. No. 10-11-84, § 5, 11-15-2010) Sec. 46-68. - Regulation of containers. The company may rent, lease, provide or define specifications for containers to any customer within the corporate limits of the city for refuse storage and collection purposes subject to the following requirements: (1) All containers shall be constructed and maintained according to industry practice; (2) All containers shall be equipped with stable covers to prevent blowing or scattering of refuse while being transported for disposal of their contents; (3) All containers, save and except those being used for the purpose of collecting and storing rubble, building and scrap construction materials, shall be equipped with covers suitable to prevent blowing or scattering refuse and access to the container by animals while the container is at the site designated by customer; (4) All containers shall be periodically cleaned, maintained, serviced and kept in a reasonably good state of repair, to prevent the unreasonable accumulation of refuse residues, to avoid excessive odor and harborage for rodents and flies resulting from excessive residues remaining after collection of containers; (5) All containers shall be clearly marked with the company's name and telephone number in letters not less than four inches in height; (6) All containers shall not be on public rights-of-way and shall be located so as to not interfere, block, obstruct or impede the normal use of any sidewalk, street, alley driveway or fire lane, or to block, obstruct or impede sight distance at street, road or alley intersections; (7) All containers, bins, or other collection instruments must be kept free from graffiti, rust, broken and nonoperational parts and pieces, and litter in and around the area; and (8) It shall be the responsibility of each company to educate their customers on the regulations of containers and maintain industry standards, policies, and procedures, which promote an aesthetically pleasing environment in and around all refuse and waste containers and receptacles. (Ord. No. 06-11-04, § 6, 11-21-2006; Ord. No. 07-11-54, § 6, 11-15-2007; Ord. No. 08-11-30, § 6, 11-17-2008; Ord. No. 10-11-84, § 6, 11-15-2010) Editor's note— Section 6 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-68 from Page 12 of 21 "Container requirements" to "Regulation of containers." Sec. 46-69. - Disposal of refuse. The company will deliver all waste collected by it from it's customers within the city, except for materials which the company may select for recovery and recycling, to a disposal facility that is permitted by the EPD to accept such refuse and waste. Rules and regulations governing hours of operation and disposal practices at the disposal facility will be observed and followed by the company while engaged in the disposal of refuse pursuant to this article. Any items collected as part of a recycling program must be delivered to a facility where recovery and reuse occurs. Should any company choose to offload or dispose of materials collected by one vehicle into another for transport to the final disposal facility, company shall make every available effort to perform such refuse transfer on property owned by the company or privately owned property where the company has an agreement with the property owner to perform such activity. In the event any transfer occurs on public land, including streets, alleys, rights-of- ways, roads, thoroughfares, avenues, parkways, expressways, or other areas designed and designated for public travel, company shall make every effort available to clean the area after completion of the transfer to insure the area is maintained at the same or better level than if the area was not used for this activity. In the event the city receives complaints regarding this practice, company shall be required to cease from this activity at the location of the complaint. (Ord. No. 06-11-04, § 7, 11-21-2006; Ord. No. 07-11-54, § 7, 11-15-2007; Ord. No. 08-11-30, § 7, 11-17-2008; Ord. No. 10-11-84, § 7, 11-15-2010) Sec. 46-70. - Contract and rental fees. Contract fee. The streets, rights-of-way, and public easements to be used by the company in the operation of its business within the boundaries of the city as such boundaries now exist and exist from time to time during the term of this contract, are valuable public properties acquired and maintained by the city at great expense to its taxpayers, and the city will incur costs to regulate and administer this article. In consideration of such benefits, costs and expenses, the company shall through the term of its contract collect an "infrastructure maintenance fee" equal to five percent of the company's gross receipts to customers within the city (exclusive of sales tax). The term "infrastructure maintenance fee" shall be used on all bills, invoices, or statements sent by any company to a customer under this article. This fee is applicable to haulers that are providing trash and recycling collection to residential accounts as well as haulers serving commercial accounts. (1) Fees paid. The infrastructure maintenance fee shall be payable quarterly to the city and delivered to the city in conjunction with a statement indicating the derivation and calculation of such payment. Each such quarterly payment shall be due on the fifteenth day of the second month following the end of the quarterly period for which said payment is due. The quarterly payments shall be due on February 15, May 15, August 15, and November 15 of each year during the term hereof, with the February 15 payment being based upon the company's gross receipts during the calendar quarter ending the prior December 31 and being payment for the rights and privileges granted hereunder for said calendar quarter, the May 15 payment being based upon the company's gross receipts during the calendar quarter ending the prior March 31 and being payment for the rights and privileges granted hereunder for said calendar quarter, the August 15 payment being based upon the company's gross receipts during Page 13 of 21 the calendar quarter ending the prior June 30 and being payment for the rights and privileges granted hereunder for said calendar quarter, and the November 15 payment being based upon the company's gross receipts during the calendar quarter ending the prior September 30 and being payment for the rights and privileges granted hereunder for said calendar quarter. During the implementation of this article, all bills generated by companies after December 1, 2006, shall include the infrastructure maintenance fee. The city shall provide material relating to the education and marketing efforts of the infrastructure maintenance fee as well as provide education and training to company employees to ensure a consistent message is conveyed to constituents of the City of Milton. For purposes of verifying the amount of such fee, the books of the company shall at all reasonable times be subject to inspection by the duly authorized representatives of the city. If the infrastructure maintenance fee is not paid by the due date as set forth herein, the company from whom the fee was due shall be assessed and shall pay a late fee in the amount of 10% of the amount not timely paid. In addition, all amounts otherwise due, including late fees, shall accrue interest at the rate of 1.5% per calendar month beginning 30 days after the original due date. (2) No other rental fees. The contract fee shall be in lieu of any and all other city- imposed rentals or compensation or contract, privilege, instrument, occupation, excise or revenue taxes or fees and all other exactions or charges (except ad valorem property taxes, special assessments for local improvements, city sales tax, and such other charges for utility services imposed uniformly upon persons, firms or corporations then engaged in business within the city) or permits upon or relating to the business, revenue, installations and systems, fixtures, and any other facilities of the company and all other property of the company and its activities, or any part thereof, in the city which relate to the operations of the company pursuant to this article; provided, that this shall not be construed to prevent the company from being required to pay any and all applicable fees and charges in effect from time to time for dumping at a landfill or transfer station. (3) Credit for fees paid. Should the city not have the legal power to agree that the payment of the foregoing sums of money shall be in lieu of contracts, fees, street or alley rentals or charges, easement or ordinance fees or charges aforesaid, then city agrees that it will apply so much of said sums of money paid as may be necessary to company's obligations, if any, to pay any such contract, ordinance charges, other charges, fees, rentals, easement, taxes or charges. (4) Reporting. Any company providing service pursuant to this article or a resulting contract shall from time to time provide the city with the necessary statistics regarding waste collected and disposed which shall allow the city to comply with state reporting requirements. Such information shall be in the manner and format requested by the city and provide adequate details for the city to maintain compliance with local, state, federal, and all other guidelines relating to solid waste collection, removal, and disposal. (5) Dedicated revenue. The infrastructure maintenance fee collected by the city under this article shall be dedicated to the following: (i) maintenance of the city's streets, corridors, alleys, thoroughfares, and transportation routes; (ii) administration of contract compliance between customers and companies where service is received as provided in this article; and (iii) collection of litter, trash and hazardous waste materials within the city. Page 14 of 21 (Ord. No. 06-11-04, § 8, 11-21-2006; Ord. No. 07-11-54, § 8, 11-15-2007; Ord. No. 08-11-30, § 8, 11-17-2008; Ord. No. 10-11-84, § 8, 11-15-2010) Editor's note— Section 8 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-70 from "Fees" to "Contract and rental fees." Sec. 46-71. - Compliance with law. The company shall conduct under this article in compliance with the material provisions of all applicable local, state and federal laws, rules and regulations, and with the general specifications contained in this article. (Ord. No. 06-11-04, § 9, 11-21-2006; Ord. No. 07-11-54, § 9, 11-15-2007; Ord. No. 08-11-30, § 9, 11-17-2008; Ord. No. 10-11-84, § 9, 11-15-2010) Editor's note— Section 9 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-71 from "Compliance with local, state and federal regulations required" to "Contract and rental fees." Sec. 46-72. - Insurance provided by company. (a) Minimum coverage requirements. The company shall maintain throughout the term of its contract, property damage coverage, general liability insurance, and automobile liability insurance for any automobile owned or operated by company, with an insurance company authorized and licensed to do business in the State of Georgia and acceptable to the city, insuring against claims for liability and damages for the benefit of the city. The insurance shall include the city as an additional insured. General liability coverage insurance under this section shall be a minimum of $1,000,000.00 per occurrence with a $2,000,000.00 aggregate. Automobile liability insurance under this section shall, at a minimum, have limits of $1,000,000.00 for each occurrence. Additionally, umbrella coverage of $1,000,000.00 on both automobile liability insurance and general liability insurance is required. (b) Employer's liability. If the company is required by Georgia Statute, the company shall maintain throughout the term of the contract resulting from this article the requisite statutory workers' compensation insurance, and a minimum of $100,000.00 employer's liability insurance. Company shall be required to show compliance to this section by submitting documentation of such coverage from an approved carrier licensed in the State of Georgia, or documentation explaining the exemption from employer's liability insurance should they not meet the state requirements to carry such coverage. (c) Certificate of insurance. The insurance policy, or policies, obtained by the company in compliance with this section shall be approved by the city manager or his designee in the city manager's or his designee's reasonable discretion, and the certificate of insurance for the insurance policy shall be filed and maintained with the city during the term of the contract resulting from this article with a copy of the endorsement required under subsection (d) to be attached or made a part of such certificate. (d) Endorsements. All insurance policies maintained pursuant to this article shall contain the following conditions by endorsement: (1) Additional insured. The city shall be an additional insured and the term "owner" and "city" shall include all authorities, boards, bureaus, commissions, divisions, departments and offices of the city and the individual members, officers, employees and agents thereof in their official capacities and/or while acting on behalf of the city. Page 15 of 21 (2) Other insurance clause. The policy clause "other insurance" shall not apply to the city when the city is an insured on the policy. (3) No recourse. Companies issuing the insurance policies shall not recourse against the city for payment of any premium or assessment. (e) Increase requirements. The city may choose to amend this article to make reasonable adjustments to the insurance coverage and their limits when deemed necessary and prudent based upon changes in statutory law, court decisions, or the claims history of the industry. (Ord. No. 06-11-04, § 10, 11-21-2006; Ord. No. 07-11-54, § 10, 11-15-2007; Ord. No. 08-11- 30, § 10, 11-17-2008; Ord. No. 10-11-84, § 10, 11-15-2010) Editor's note— Section 10 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-72 from "Company to provide insurance" to "Insurance provided by company." Sec. 46-73. - Indemnification and hold harmless. The company agrees to indemnify, defend and save harmless the city, its agents, officers and employees, against and from any and all claims by or on behalf of any person, firm, corporation or other entity arising from any negligent act or omission or willful misconduct of the company, or any of its agents, contractors, servants, employees or contractors, and from and against all costs, counsel fees, expenses and liabilities incurred in or about any such claim or proceeding brought thereon. Promptly after receipt from any third party by city of a written notice of any demand, claim or circumstance that, immediately or with the lapse of time, would give rise to a claim or the commencement (or threatened commencement) of any action, proceeding or investigation (an "asserted claim") that may result in losses for which indemnification may be sought hereunder, the city shall give written notice thereof (the "claims notice") to the company provided, however, that a failure to give such notice shall not prejudice the city's right to indemnification hereunder except to the extent that the company is actually and materially prejudiced thereby. The claims notice shall describe the asserted claim in reasonable detail, and shall indicate the amount (estimated, if necessary) of the losses that have been or may be suffered by the city when such information is available. The company may elect to compromise or defend, at its own expense and by its own counsel, any asserted claim. If the company elects to compromise or defend such asserted claim, it shall, within 20 business days following its receipt of the claims notice (or sooner, if the nature of the asserted claim so required) notify the city of its intent to do so, and the city shall cooperate, at the expense of the company, in the compromise of, or defense against, such asserted claim. If the company elects not to compromise or defend the asserted claim, fails to notify the city of its election as herein provided or contests its obligation to provide indemnification under this agreement, the city may pay, compromise or defend such asserted claim with all reasonable costs and expenses borne by the company. Notwithstanding the foregoing, neither the company nor the city may settle or compromise any claim without the consent of the other party; provided, however, that such consent to settlement or compromise shall not be unreasonably withheld. In any event, the city and the company may participate at their own expense, in the defense of such asserted claim. If the company chooses to defend any asserted claim, the city shall make available to the company any books, records or other documents within its control that are necessary or appropriate for such defense. (Ord. No. 06-11-04, § 11, 11-21-2006; Ord. No. 07-11-54, § 11, 11-15-2007; Ord. No. 08-11- 30, § 11, 11-17-2008; Ord. No. 10-11-84, § 11, 11-15-2010) Page 16 of 21 Editor's note— Section 11 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-73 from "Company to indemnify city; defense of suits" to "Indemnification and hold harmless." Secs. 46-74—46-92. - Reserved. DIVISION 3. - TERMINATION OF CONTRACT Sec. 46-93. - Forfeiture and terminating of contract. Sec. 46-94. - Transfer, sale or conveyance by company. Sec. 46-95. - Foreclosure. Sec. 46-96. - Receivership and bankruptcy. Secs. 46-97—46-115. - Reserved. Sec. 46-93. - Forfeiture and terminating of contract. (a) Material breach. In addition to all other rights and powers retained by the city under this article or otherwise, the city reserves the right to declare any resulting contract from this article forfeited and to terminate the contract and all rights and privileges of the company hereunder in the event of a material breach of the terms and conditions hereof. A material breach by company shall include, but shall not be limited to, the following: (1) Fees. Failure to pay the fees set out in section 46-70 (2) Telephone listings. Failure to keep and maintain a local telephone listing and office or answering service that is available by phone without long distance charge during regular business hours for service to the public, and which telephone or office shall, at minimum, provide and maintain the following services: a. Coordinate and provide information concerning deposits, payments and accounts to customers and prospective customers; b. Respond to customer and prospective customer questions and issues about billings, accounts, deposits and services; c. Coordination with the city with respect to private sector and public works projects and issues related to or affecting the company's operation; and d. Immediate response, upon request, to police, fire and other emergency situations in which the public health and safety requires action with respect to or assistance regarding company's property. (3) Failure to provide service. Failure to materially provide the services provided for in this article; (4) Misrepresentation. Material misrepresentation of fact in the application for or negotiation of any contract resulting from this article; or (5) Conviction. Conviction of any director, officer, employee, or agent of the company of the offense of bribery or fraud connected with or resulting from the award of a contract from this article. Page 17 of 21 (b) Operation information. Material misrepresentation of fact knowingly made to the city with respect to or regarding company's operations, management, revenues, services or reports required pursuant to this article. (c) Economic hardship. Company shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers or employees. (d) Forfeiture and proceedings. Any unwarranted and intentional neglect, failure or refusal of the company to comply with any material provision of this article or resulting contract within 30 days after written notice from city setting forth the specific provision and noncompliance, said notice to be mailed to company at its principal place of business by certified mail, return receipt requested, shall be deemed a breach of this article, and the city council, upon notice to company and hearing, may, for good cause declare a contract forfeited and exclude company from further use of the streets of the city under this article, and the company shall thereupon surrender all rights in and under this article and contract. (1) Proceedings. In order for the city to declare a forfeiture pursuant to subsections (a), (b), (c), (d), the city shall make a written demand that the company comply with any such provision, rule, order, or determination under or pursuant to this article. If such violation by the company continues for a period of 30 days following such written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the council may take under consideration the issue of termination of the resulting contract from this article. The city shall cause to be served upon company, at least 20 days prior to the date of such a council meeting, a written notice of intent to request such termination and the time and place of the meeting. Notice shall be given of the meeting and issue which the council is to consider. (2) Hearing. The council shall hear and consider the issue, hear any person interested therein, and shall determine whether or not any violation by the company has occurred. (3) Forfeiture. If the council shall determine that the violation by the company was the fault of company and within its control, the council may declare the contract forfeited and terminated, or the council may grant to company a period of time for compliance. (Ord. No. 06-11-04, § 12, 11-21-2006; Ord. No. 07-11-54, § 12, 11-15-2007; Ord. No. 08-11- 30, § 12, 11-17-2008; Ord. No. 10-11-84, § 12, 11-15-2010) Editor's note— Section 12 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-93 from "Forfeiture" to "Forfeiture and terminating of contract." Sec. 46-94. - Transfer, sale or conveyance by company. The company shall not transfer, assign, sell or convey any rights granted under any resulting contract from this article without the prior approval of the city council; provided that this section shall not apply to vehicles, replacements, maintenance, upgrades or modifications of equipment, machinery, containers and buildings by company for the purpose of maintaining and continuing its operation within the city; and provided further that company may, in its sole discretion and upon written notice to the city, transfer, assign, sell or convey their rights under this article to a wholly owned subsidiary of the company or to an affiliated entity that is under common control with company (i.e., has a common parent entity). (Ord. No. 06-11-04, § 13, 11-21-2006; Ord. No. 07-11-54, § 13, 11-15-2007; Ord. No. 08-11- Page 18 of 21 30, § 13, 11-17-2008; Ord. No. 10-11-84, § 13, 11-15-2010) Editor's note— Section 13 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-94 from "Transfer, sale or conveyance by company prohibited; exceptions" to "Transfer, sale or con veyance by company." Sec. 46-95. - Foreclosure. upon the foreclosure or other judicial sale of all or a substantial part of the assets and property of the company used for and dedicated to providing service pursuant to this article, the company shall notify the city of such fact, and such notification shall by treated as a notification that a change in control of the company has taken place and the provisions of this article governing the consent of the council to such change in control of the company sha ll apply. Upon the foreclosure or judicial sale, or the leasing of all or a substantial part of the property and assets of the company dedicated to and used for the purposes of providing service pursuant to this article, without the prior approval of the c ouncil, the council may, upon hearing and notice, terminate any contract resulting from this article. (Ord. No. 06-11-04, § 14, 11-21-2006; Ord. No. 07-11-54, § 14, 11-15-2007; Ord. No. 08-11- 30, § 14, 11-17-2008; Ord. No. 10-11-84, § 14, 11-15-2010) Editor's note— Section 14 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-95 from "Foreclosure or judicial sale" to "Foreclosure." Sec. 46-96. - Receivership and bankruptcy. Cancellation option. The council shall have the right to cancel any contract resulting from this article 120 days after the appointment of a receiver or trustee to take over and conduct the business of the company, whether in receivership, reorganization, bankruptcy, other action or preceding, whether voluntary or involuntary, unless such receivership or trusteeship shall have been vacated prior to the expiration of said 120 days, unless: (1) Trustee compliance. Within 120 days after his election or appointment, such receiver trustee shall have fully complied with all the provisions of this article and remedied all defaults thereunder; or (2) Trustee agreement. Such receiver or trustee, within 120 days, shall have executed an agreement, duly-approved by the court having jurisdiction, whereby the receiver or trustee assumes and agrees to be bound by each and every provision of this article granted to the company. (Ord. No. 06-11-04, § 15, 11-21-2006; Ord. No. 07-11-54, § 15, 11-15-2007; Ord. No. 08-11- 30, § 15, 11-17-2008; Ord. No. 10-11-84, § 15, 11-15-2010) Secs. 46-97—46-115. - Reserved. DIVISION 4. - ADDITIONAL PROVISIONS Sec. 46-116. - Retention of city police powers. Sec. 46-117. - Amendments of city ordinances and regulations. Page 19 of 21 Sec. 46-118. - Taxes. Sec. 46-119. - Public necessity. Sec. 46-120. - No suspension of laws. Sec. 46-121. - Peaceful employment. Sec. 46-122. - Endorsements and records. Sec. 46-123. - Acceptance by company. Sec. 46-116. - Retention of city police powers. The city retains and reserves all of its police powers and the rights, privileges, and immunities that it now has under the law to regulate, patrol and police the streets and public ways within the city, and the granting of any contract as a result of this article shall in no way interfere with the improvements to, or maintenance of, any street, alley or public way, and the rights of the city to use said streets, alleys and public ways. (Ord. No. 06-11-04, § 16, 11-21-2006; Ord. No. 07-11-54, § 16, 11-15-2007; Ord. No. 08-11- 30, § 16, 11-17-2008; Ord. No. 10-11-84, § 16, 11-15-2010) Sec. 46-117. - Amendments of city ordinances and regulations. The city reserves the right and power, pursuant to its police power, after due notice to company, to modify, amend, alter, change or eliminate any rules, regulations, fees, charges and rates of the city, and to impose such additional conditions, that are not inconsistent with the rights granted by this article, upon the company and all persons, firms or entities of the same class as the company, as may be reasonably necessary in the discretion of the city council to preserve and protect the public, health, safety and welfare and/or insure adequate service to the public. (Ord. No. 06-11-04, § 17, 11-21-2006; Ord. No. 07-11-54, § 17, 11-15-2007; Ord. No. 08-11- 30, § 17 11-17-2008; Ord. No. 10-11-84, § 17, 11-15-2010) Editor's note— Section 17 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-117 from "Reservation to amend city ordinances and regulations" to "Amendments of city ordinances and regulations." Sec. 46-118. - Taxes. The company shall promptly pay all lawful ad valorem taxes, levies and assessments, if any, that are imposed upon the company. Absent an administrative or judicial challenge, or appeal, the failure to pay any such tax, levy or assessment shall be a breach of this article. (Ord. No. 06-11-04, § 18, 11-21-2006; Ord. No. 07-11-54, § 18, 11-15-2007; Ord. No. 08-11- 30, § 18, 11-17-2008; Ord. No. 10-11-84, § 18, 11-15-2010) Editor's note— Section 18 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-118 from "Payment of taxes required" to "Taxes." Sec. 46-119. - Public necessity. The council hereby finds and declares that the public welfare, convenience and necessity require the service which is to be furnished by the company. (Ord. No. 06-11-04, § 19, 11-21-2006; Ord. No. 07-11-54, § 19, 11-15-2007; Ord. No. 08-11- 30, § 19, 11-17-2008; Ord. No. 10-11-84, § 19, 11-15-2010) Page 20 of 21 Editor's note— Section 19 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-119 from "Disposal of solid waste deemed public necessity" to "Public necessity." Sec. 46-120. - No suspension of laws. All provisions of the ordinances of the city as now existing or as may be amended from time to time, and all provisions of the statutes of the State of Georgia applicable to general law cities shall be a part of any resulting contract from this article as fully as if the same had been expressly stated herein, and said the city retains and may exercise all of the governmental and police powers and all other rights and powers not directly inconsistent with the terms, conditions and provisions of this article. (Ord. No. 06-11-04, § 22, 11-21-2006; Ord. No. 07-11-54, § 22, 11-15-2007; Ord. No. 08-11- 30, § 22, 11-17-2008; Ord. No. 10-11-84, § 22, 11-15-2010) Editor's note— Section 22 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-120 from "City ordinances and state law considered part of contract" to "No suspension of laws." Sec. 46-121. - Peaceful employment. From and after the effective date of this article, the city and the company shall be and are hereby authorized and entitled to act in reliance upon the terms, conditions and provisions of this article and any resulting contract and, subject thereto, the company shall collect rates for service, operate and conduct its business and work within the city, and enjoy the benefits and privileges of this article during the term hereof. (Ord. No. 06-11-04, § 23, 11-21-2006; Ord. No. 07-11-54, § 23, 11-15-2007; Ord. No. 08-11- 30, § 23, 11-17-2008; Ord. No. 10-11-84, § 23, 11-15-2010) Editor's note— Section 23 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-121 from "City and company to rely on this chapter" to "Peaceful employment." Sec. 46-122. - Endorsements and records. The city clerk is directed to make endorsements as appropriate over his/her official hand and the seal of the city on the form provided at the conclusion of this article, for the public record and convenience of the citizens, of the date upon which this article is finally passed and adopted. (Ord. No. 06-11-04, § 25, 11-21-2006; Ord. No. 07-11-54, § 25, 11-15-2007; Ord. No. 08-11- 30, § 25, 11-17-2008; Ord. No. 10-11-84, § 25, 11-15-2010) Sec. 46-123. - Acceptance by company. Within 30 days after the passage of this article, or within 30 days of establishing a business within the corporate city limits, all companies operating a residential or commercial refuse waste service shall file with the city its acceptance of the terms and provisions of this article, and request for contract. The acceptance and request for contract shall be in writing on the company's letterhead and provide as follows: City of Milton Attention: City Manager Page 21 of 21 13000 Deerfield Parkway, Suite 107F Milton, GA 30004 ____________ (the "Company"), acting by and through an officer who is acting within its official capacity and authority, hereby accepts the City of Milton Solid Waste Ordinance to operate a refuse and solid waste collection and disposal system within the City as said Ordinance is set forth and provided herewith. The Company agrees to be bound and governed by each term, provision and condition of the Ordinance, to accept and to give the benefits provided by the Ordinance, and to perform each service and duty set forth and provided for in the Ordinance in a businesslike and reasonable manner and in compliance with the Ordinance. Company: ..... By: ..... Printed Name: ..... Title: ..... (Ord. No. 06-11-04, § 26, 11-21-2006; Ord. No. 07-11-54, § 26, 11-15-2007; Ord. No. 08-11- 30, § 26, 11-17-2008; Ord. No. 10-11-84, § 26, 11-15-2010) Editor's note— Section 26 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-123 from "Written acceptance of company required" to "Acceptance by company." 46-124. – Decal Upon satisfactory compliance with the requirements set forth in this Chapter in order to allow the company to collect and/or dispose of waste, garbage and/or refuse, the City shall issue to the company a decal designating the company as an approved Milton hauler in compliance with the City’s solid waste ordinance. MILTON" ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 23, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Conrose Georgia Group, Inc., d/b/a 850 F Bar Pizza, 12635 Crabapple Road, Suite 310, Milton, Georgia 30004. MEETING DATE: Monday, November 6, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,,)'APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (:KNO CITY ATTORNEY REVIEW REQUIRED: () YES (�NO APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 11to(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: Bernadette Harvill, Finance Director Date: Submitted on October 9, 2017, for the November 6, 2017 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Conrose Georgia Group, Inc., d/b/a 850 F Bar Pizza, 12635 Crabapple Road, Ste. 310, Milton, Georgia 30004 _____________________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license for Conrose Georgia Group, Inc., d/b/a 850 F Bar Pizza for consumption on premise of Wine, Malt Beverages and Distilled Spirits. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application was submitted due to change in ownership. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Conrose Georgia Group, Inc., d/b/a 850 F Bar Pizza Contact Name: Charles Conrose Business Address: 12635 Crabapple Road, Suite 310, Milton, Georgia 30004 Type of License: Consumption on Premise – Wine, Malt Beverages and Distilled Spirits Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Steven Krokoff, City Manager Kathleen Field, Director of Community Development a TO: FROM: MILTON"11N ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: October 30, 2017 Steven Krokoff, City ManagerQ5 AGENDA ITEM: Consideration of a Resolution Adopting the 2018 City of Milton City Council Regular Meeting and Work Session Schedule. MEETING DATE: Monday, November 6, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (1APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (,,KNO CITY ATTORNEY REVIEW REQUIRED: () YES (, AO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 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: Sudie Gordon, City Clerk Date: Submitted on October 9, 2017 for the November 6, 2017 City Council Regular Meeting Agenda Item: Consideration of a Resolution Adopting the 2018 City of Milton City Council Regular Meeting and Work Session Schedule. ____________________________________________________________________________ Department Recommendation: Approve the Council and Work Session meeting dates for 2018. Executive Summary: The City of Milton is committed to conducting city business in a manner that complies with all legal requirements, fosters citizen confidence in city government, and promotes efficient and effective government operations. As part of our open and transparent government process, the Mayor and City Council will adopt a yearly meeting schedule. Funding and Fiscal Impact: N/A Alternatives: N/A Legal Review: N/A Concurrent Review: Steve Krokoff, City Manager Page 2 of 2 Attachment(s): Resolution Adopting the 2018 City of Milton City Council Regular Meeting and Work Session Schedule Council and Work Session Meeting Schedule 2018 City of Milton 2018 Holiday Schedule STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION ADOPTING THE 2018 CITY OF MILTON CITY COUNCIL REGULAR MEETING AND WORK SESSION SCHEDULE BE IT RESOLVED by the City Council of the City of Milton, Georgia while in Regular Session on the 6th day of November 2017 at 6:00 pm as follows: SECTION 1. That the schedule for the 2018 City Council Regular and Work Session Council Meeting Dates is hereby approved as attached; and SECTION 2. That resolutions in conflict with this Resolution are hereby repealed; and SECTION 3. That this Resolution will become effective January 1, 2018. RESOLVED this 6th day of November 2017. Approved: __________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk J A N U A R Y S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 F E B R U A R Y S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 M A R C H S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 A P R I L S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 M AY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 J U N E S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 J U L Y S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 A U G U S T S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 S E P T E M B E R S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 O C T O B E R S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 N O V E M B E R S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 D E C E M B E R S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2018 MEETING CALENDAR 2018 Council and Work Session Meeting Calendar Work Session Dates Work Sessions may be cancelled by Council if not needed. Regular Council Meeting Days 2018 Holidays Observed 1/1 New Year’s Day 1/15 Martin Luther King Day 2/19 Presidents Day 5/28 Memorial Day 7/4 Independence Day 9/3 Labor Day 11/12 Veterans Day 11/22-23 Thanksgiving 12/24 City Manager’s Floating Day 12/25 Christmas Day 2018 Fulton County School Calendar 1/15 Martin Luther King 2/19 Presidents Day 4/2-6 Spring Break 5/24 Last Day of School 8/6 First Day of School 9/3 Labor Day 10/8 Columbus Day 11/19-23 Thanksgiving 12/21/17 -1/7/18 Holiday Break January 19-22 Mayor’s Day Conference Atlanta, GA June 22-26 GMA Conference Savannah, GA CITY OF MILTON 2018 HOLIDAY SCHEDULE HOLIDAY DATE OBSERVED New Year’s Day Monday, January 1, 2018 Martin Luther King, Jr. Birthday Monday, January 15, 2018 President’s Day Monday, February 19, 2018 Memorial Day Monday, May 28, 2018 Independence Day Observed Wednesday, July 4, 2018 Labor Day Monday, September 3, 2018 Veterans Day Monday, November 12, 2018 Thanksgiving Day Thursday, November 22, 2018 Day After Thanksgiving Friday, November 23, 2018 City Manager’s Floating Holiday Monday, December 24, 2018 Christmas Holiday Tuesday, December 25, 2018 Employee’s Holiday Employee’s Birthday