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HomeMy WebLinkAboutPACKET - Agenda 5.6.19 2006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. Joe Lockwood, Mayor CITY COUNCIL Peyton Jamison Matt Kunz Laura Bentley Carol Cookerly Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Monday, May 6, 2019 City Council Meeting Agenda 6:00 PM INVOCATION – Pastor Jerry Dockery, Crabapple First Baptist Church, Milton, Georgia 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 19-097) 5) PUBLIC COMMENT (General) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 6, 2019 Page 2 of 5 6) CONSENT AGENDA 1. Approval of Easement Agreements for Drainage Areas with West Birmingham Road Culvert Replacement Project. (Agenda Item No. 19-098) (Sara Leaders, Interim Public Works Director) 2. Consideration of a Professional Services Agreement between the City of Milton and Canopy Consultants, LLC for Arborist Services. (Agenda Item No. 19-099) (Parag Agrawal, Community Development Director) 3. Approval of a Change Order to a Professional Services Agreement between the City of Milton and Lowe Engineers, LLC and a Task Order for Land Development Plan Review. (Agenda Item No. 19-100) (Parag Agrawal, Community Development Director) 4. Approval of a Construction Services Agreement between the City of Milton and Hendee Enterprises, Inc. for a Bell Memorial Park Shade Structure. (Agenda Item No. 19-101) (Jim Cregge, Parks and Recreation Director) 5. Approval of a Professional Services Agreement between the City of Milton and IMS Infrastructure Management Services, LLC for a Pavement Management Software and Condition Survey. (Agenda Item No. 19-102) (Sara Leaders, Interim Public Works Director) 6. Approval of a Professional Services Agreement between the City of Milton and Wolverton & Associates, Inc. for Design of Freemanville Road at Birmingham Road Intersection Improvements. (Agenda Item No. 19-103) (Sara Leaders, Interim Public Works Director) 7. Approval of Change Order #2 to an Agreement between the City of Milton and Tri Scapes, Inc. to Provide Facility Landscaping Services, Sport Field Maintenance and Maintenance of Bell Memorial and Providence Parks. (Agenda Item No. 19-104) (Jim Cregge, Parks and Recreation Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 6, 2019 Page 3 of 5 8. Approval of an Agreement between the City of Milton and Dynamo Pool Management, Inc. to Provide Pool Management and Maintenance, Lifeguard Support, Learn to Swim Programming and Resurfacing of the Walk in Pool. (Agenda Item No. 19-105) (Jim Cregge, Parks and Recreation Director) 9. Approval of the following Subdivision Plats: Name of Development / Location Action Comments / # lots Total Acres Density 1. Sweet Apple LL 1016 & 1073 Sibley Lane Final Plat Revision No change in # of lots / 21 Lots Total 38.25 .55 Lots / acre 2. LFG Properties LL 413 15615 Birmingham Highway Combo Plat Combine parcels / 1 Lot 14.78 .067 Lots / acre 3. KGC Properties LL 381, 412 1105 Birmingham Road Minor Plat Combine 2 parcels & split portion / 1 Lot 24.61 .040 Lots / acre (Agenda Item No. 19-106) (Parag Agrawal, Community Development Director) 7) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing William Zhang 2019 Winner of the American Protégé International Piano and Strings Competition. (Presented by Councilmember Matt Kunz) 2. Proclamation Recognizing MDA City of Milton Firefighter Appreciation. (Presented by Mayor Joe Lockwood) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 6, 2019 Page 4 of 5 8) FIRST PRESENTATION 1. Consideration of U19-01/VC19-01 - 1470 Redd Road by Evera Premo for a Use Permit for a Private School (Section 64-1831) Kindergarten through Eighth grade for 80 Students. A Request for Two Concurrent Variances (1) delete the 75-foot undisturbed buffer and 10-foot improvement setback along the east property line [Section 64-1143 (A)(3)(B)] and (2) delete the 100-foot setback along the east property line where the existing structures are located [Section 64-1831(B)(3)]. {THE APPLICANT HAS SUBMITTED TO WITHDRAW THIS REQUEST}. (Agenda Item No. 19-107) (Parag Agrawal, Community Development Director) 9) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATION 1. Consideration of the Issuance of an Alcohol Beverage License to The Farm at Pamelot, 2105 Bethany Way, Milton, Ga. 30004. (Agenda Item No. 19-108) (Bernadette Harvill, Finance Director) 2. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal 2019 Budget for Each Fund of the City of Milton, Georgia, Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 19-092) (First Presentation at April 22, 2019 City Council Meeting) (Bernadette Harvill, Finance Director) 10) ZONING AGENDA (None) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 6, 2019 Page 5 of 5 11) UNFINISHED BUSINESS 1. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal 2019 Budget for Each Fund of the City of Milton, Georgia, Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 19-092) (First Presentation at April 22, 2019 City Council Meeting) (Public Hearing at May 6, 2019 City Council Meeting) (Bernadette Harvill, Finance Director) 12) NEW BUSINESS (None) 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Public Works 2. Fire 3. Parks and Recreation 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 19-109) MILTON ~ ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 30, 2019 FROM: Steven Krokoff, City Manage@ AGENDA ITEM: Approval of Easement Agreements for Drainage Areas with West Birmingham Road Culvert Replacement Project. MEETING DATE: Monday, May 6, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,/APPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: yfYES rfvEs APPROVAL BY CITY ATTORNEY: (JAPPROVED PLACED ON AGENDA FOR: () NOT APPROVED () NO () NO () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678 .24 2.2500 I F: 678 .242 .2 499 info@cityofmiltonga.usIwww.cityofmiltonga.us 0 800 To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer, Interim Public Works Director Date: Submitted on April 22, 2019 for the May 6, 2019 Regular City Council Meeting Agenda Item: Approval of Easement Agreements for Drainage Areas with West Birmingham Road Culvert Replacement Project _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: The West Birmingham Road culvert between Freemanville Road and Milton Point is part of the Capital Improvement Program for replacement. Plans have been developed and easements that are needed to construct and maintain the improvements are being acquired. The easement agreements for drainage areas include a signature by the City of Milton accepting the conditions of Grantee of the easements. Funding and Fiscal Impact: None Alternatives: None Legal Review: Sarah VanVolkenburgh – Jarrard & Davis (3/31/19) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Easement Agreement for Drainage Areas Parcel 2 After recording, return to: Sarah VanVolkenburgh Jarrard & Davis, LLP 222 Webb Street Cumming, Georgia 30040 STATE OF GEORGIA COUNTY OF FULTON EASEMENT AGREEMENT FOR DRAINAGE AREAS THIS EASEMENT AGREEMENT FOR DRAINAGE AREAS (hereinafter referred to as this "Agreement") is made this day of � ( 2019, by and between Julian Hamstead and Brenda Hamstead, as Tenants in Common (hereinafter referred to as the "Grantor"), and The City of Milton, Georgia (hereinafter referred to as the "Grantee"). WITNESSETH: WHEREAS, Grantor is the owner of certain real property lying and being in Land Lot 409 of the 2nd District, 2"d Section of Fulton County, Georgia, said real property being located at 1510 Birmingham Road, City of Milton, Fulton County, Georgia (hereinafter referred to as the "Grantor's Property"); and WHEREAS, Grantor has agreed, upon the terms and conditions hereinafter set forth, to grant an easement to Grantee over and upon certain portions of Grantor's Property as more particularly shown/described on Exhibit "A" attached hereto and incorporated herein by reference (hereinafter referred to as the "Easement Property"); and WHEREAS, Grantor acknowledges receipt of sufficient consideration, including but not limited to the benefit to Grantor's Property from the existence and maintenance of the Drainage Facilities, as defined below, for the use of the Drainage Easement described herein; and WHEREAS, the easement is hereby intended to provide Grantee, its successors and assigns, access to and use of certain storm water drainage facilities now or hereafter located on and about the Grantor's Property. FOR AND IN CONSIDERATION OF the above premises and the sum of TEN AND NO/100 DOLLARS ($10.00) in hand paid by Grantee to Grantor and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Grantor and Grantee do hereby agree as follows: 1. Grant of Access Easement. Subject to the terms and conditions provided herein, Grantor does hereby grant to Grantee a perpetual easement of access, ingress, egress, passage and use, for both vehicular and pedestrian traffic, on, over, across, and upon the property more particularly shown on Exhibit "A" attached hereto and by this reference made a part hereof. Said easement is granted for the purpose of allowing Grantee to operate and maintain the Drainage Facilities and related infrastructure, and the parties intend for this Agreement to be construed to grant to Grantee all power and authority necessary and appropriate for Grantee to operate and maintain the Drainage Facilities. 2. Grant of Drainage Easement. Subject to the terms and conditions provided herein, Grantor does hereby grant to Grantee a perpetual, exclusive easement to discharge storm water flows into and onto any and all drainage lines and related facilities and equipment, now or hereafter located on, under, across and through the Grantor's Property (hereinafter referred to collectively as the "Drainage Facilities," more specifically described in Exhibit "A"). Grantee, at its sole expense; shall maintain the Drainage Facilities in compliance with all applicable City, County, State and Federal laws and regulations. Grantor and Grantee agree that, in the event of an emergency Grantee, through its employees, agents and/or contractors, shall have the right, but not the obligation, to enter upon the Drainage Facilities for the purpose of conducting such inspection and/or maintenance thereon as may be reasonable and necessary. . Conditions and Obligations with Respect to the Easements. The easement granted herein and use thereof are subject to the following terms and conditions:. (a) In performing any repair and/or maintenance activities permitted hereunder, Grantee shall minimize any damage to the Easement Property, and, after completing such work, shall remove all debris resulting from such work from the Easement Property and shall immediately restore the Easement Property to its condition prior to the commencement of the work, including without limitation, the reseeding with grass and fertilizing of any disturbed portions of the Easement Property and the repairing of any drives; streets, roadways and/or sidewalks damaged by such repair and/or maintenance activities. (b) All repair and maintenance activities conducted on the Easement Property or in connection with the Drainage Facilities shall be done in a good and workmanlike manner. Grantee shall obtain all necessary permits, if any, required for said work, and any such work shall be at Grantee's sole cost and expense, and shall comply with all applicable statutes, codes, laws, acts, ordinances, orders, judgments, decrees, injunctions, rules, regulations, permits, licenses, authorizations, directions and requirements of all federal, state, county, municipal and other governments, departments, commissions, boards, courts, authorities, officials and officers. (c) Grantor reserves the right to use the Easement Property for any and all other purposes not inconsistent with and in a manner which shall not interfere with or obstruct the use, maintenance and repair of the Drainage Facilities. 4. Successors and Assigns. The easement contained herein shall run with and be appurtenant to the Grantee's easement interest over the Grantor's Property and shall run with title to and burden the Easement Property and the Drainage Facilities forever and shall be binding upon and inure to the benefit of and be enforceable by the heirs, legal representatives, successors, assigns and successors -in -title of Grantor and Grantee. All obligations of Grantor and Grantee hereunder shall be binding upon their respective successors -in -title and assigns; provided the covenants and obligations herein are only personal to and enforceable against Grantor and Grantee or their successors -in -title, as the case may be, owning title to the respective properties at the time any liability or claim arising under this Agreement shall have accrued; it being intended that upon the conveyance of title by a party, the party conveying title shall thereupon be released of any liability hereunder as to the property conveyed for any breach of this Agreement or claim arising under this Agreement accruing after the date of such conveyance. 5. Taxes. Grantor and Grantee acknowledge and agree that Grantor shall pay all real estate taxes and assessments, if any, levied against the Easement Property. 6. Breach and Remedies_ This Agreement shall create a privity of contract and/or estate with and between Grantor and Grantee. In the event of a breach or default, or attempted or threatened breach or default by any party hereto of any of the terms, covenants and conditions hereof, which shall not have been cured within ninety (90) days following receipt by the other party of written notice from the complaining party, the complaining party shall be entitled to: (a) full and adequate relief by injunction and/or all such other available legal and equitable remedies from the consequence of such breach or default, and (b) the right to cure any breach or default hereunder. All costs and expenses of any such suit or proceeding and all costs of curing such breach or default shall be assessed against the offending, breaching party. 7. Notice_ All notices shall be in writing and shall be deemed to have been properly given on the earlier of. (i) when delivered in person, (ii) when deposited in the United States Mail, with adequate postage, and sent by registered or certified mail with return receipt requested, to the appropriate party at the address set out below, or (iii) when deposited with Federal Express, Express Mail or other overnight delivery service for next day delivery, addressed to the appropriate party at the address set out below. Grantor: Julian and Brenda Hamstead 1510 Birmingham Road Milton, Georgia 30004 Grantee: City of Milton, Georgia Director of Public Works 2006 Heritage Walk Milton, Georgia 30004 With a copy to: Jarrard & Davis, LLP 222 Webb Street Cumming, GA 30040 Rejection or other refusal by the addressee to accept, or the inability of the courier service or the United States Postal Service to deliver because of a changed address of which no notice was given, shall be deemed to be receipt of the notice sent. Any party shall have the right, from time to time, to change the address to which notices to it shall be sent by giving to the other party or parties at least ten (10) days prior written notice of the changed address. 8. Entire Agreement. This Agreement constitutes the entire agreement between the parties and understanding between Grantor and Grantee relating to the subject matter hereof and may not be amended, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 9. Severability. The validity of any one of the covenants, agreements, conditions or provisions of this Agreement or any portion thereof shall not affect the remaining portions thereof or any part thereof, and this Agreement shall be construed as if such covenant, agreement, condition or provision had not been inserted herein. 10. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the day and year first above written. Signed, sealed and delivered in the presence of: itne—ss Notary Public /� My comnrj5sion expires: V I� 1 ` AL SEAL OR STAMP] ........... 's �q A le .9pN t ►R(�IA �r 11. 2019 a 133 1-. GRANTO V steadmstead Signed, sealed and delivered in the GRANTEE: CITY OF MILTON. GEORGIA presence of.- Witness f: Witness Attest: Notary Public My commission expires: [AFFIX NOTARIAL SEAL OR STAMP] Joe Lockwood, Mayor Sudie Gordon, City Clerk EX41BIT ."A" Permanent Easement #2 All that tract or parcel of land lying and being in Land Lot 409 of the 2nd District, 2nd Section of Fulton County, Georgia and being more particularly described as follows: To find The True Point of Beginning, commence at a 3/4" open top pipe found along the northerly right of way (60'RNV) of Birmingham Road where it intersects the common line between Land Lot 409 & Land Lot 410, said 314" open top pipe having Georgia State Plane Coordinates of NA 514762.04 and E:2251461.61; thence, proceed along the said right of way of Birmingham Road South 77 degrees 43 minutes 30 seconds East for a distance of 316.32 feet to a point and The True Point o`! Beginning. From The True Point of Beginning, as thus established, and departing said right of war, proceed North 00 degrees 18 minutes 27 seconds West for a distance of 20.51 feet to a point; thence South 77 degrees 44 minutes 01 second East for a distance of 81.95 feot to a point; thence South 00 degrees 16 minutes 17 seconds East for a distance of 20,49 feet to a point on the said right of way of Birmingham Road; thence along said right of way North 77 degrees 45 minutes 04 seconds West fora distance of 81.93 feet to a point and The True Point of Beginning. Containing within said bounds 0.038 acres (1,640 square feet) according to a survey for the City of Milton by Moreland Altobelli and Associates, dated 06-12-2015. Said survey is incorporated herein by specific reference fora more complete and accurate description. (3A5�7 153M WJ) WdON @dU O t. -�-. �,- - - -\ W T ®R MILTON "' ESTABLISH ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 30 , 2019 FROM: Steven Krokoff, City Manage AGENDA ITEM: Consideration of a Professional Services Agreement between the City of Milton and Canopy Consultants, LLC for Arborist Services. MEETING DATE: Monday, May 6, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER : ( ,)/4.PPROVED CITY ATTORNEY APPROVAL REQUIRED : CITY ATTORNEY REVIEW REQUIRED : ('f'YES (..).,)(ES APPROVAL BY CITY ATTORNEY: (,YAPPROVED PLACED ON AGENDA FOR : o 5 / {J(.,j llJ q () NOT APPROVED () NO () NO () NOT APPROVED 2006 Heritage Wal k M ilton, GA P: 678 .242.250 0 IF : 678 .242.2499 info@cit yofmilto nga.usIwww.city ofmiltonga .us O GOO To: Honorable Mayor and City Council Members From: Parag Agrawal, Community Development Department Date: Submitted April 29, 2019 for the May 6, 2019 Regular City Council Meeting Agenda Item: Consideration of a Professional Services Agreement between the City of Milton and Canopy Consultants, LLC for Arborist Services Department Recommendation: Approval Executive Summary: Consultant will assist the city arborist with daily tasks such as tree removal requests, permit applications, inspections and plan review . Procurement Summary: Purchasing method used: Professional Services Account Number: 100-7410-521210000 Requisition Total: $30,000 Financial Review: Bernadette Harvill, April 30, 2019 Legal Review: Sam VanVolkenburgh, April 30, 2019 Concurrent Review: Steve Krokoff Attachment: Professional Services Agreement 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this_____ day of _____________, 20___ (the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council (hereinafter referred to as the “City”), and Canopy Consultants, LLC, a Georgia limited liability company, having its principal place of business at 1126 Weatherstone Drive, Atlanta, GA 30324, (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Consultant to provide certain services in the completion of a Project (defined below); and WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work; and WHEREAS, Consultant desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Agreement, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: 2 I. SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit “A” – RESERVED Exhibit “B” – Insurance Certificate Exhibit “C” – Scope of Work Exhibit “D” – Contractor Affidavit Exhibit “E” – Subcontractor Affidavit B. Project Description. The “Project” at issue in this Agreement is generally described as: providing arborist services in connection with enforcement and implementation of the City’s tree-related ordinances. C. The Work. The Work to be completed under this Agreement (the “Work”) includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit “C”, attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit “C”, the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. D. Schedule, Completion Date, and Term of Agreement. Consultant understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner. The term of this Agreement (“Term”) shall commence as of the Effective Date and end on September 30, 2019 (provided that certain obligations will survive termination/expiration of this Agreement). II. WORK CHANGES A. Change Order Defined. A “Change Order” means a written modification of the Agreement, signed by representatives of City and Consultant with appropriate authorization. B. Right to Order Changes. City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Change Orders and executed by Consultant and City. Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by City in its sole discretion, City shall have the right to determine reasonable terms, and Consultant shall proceed with the changed work. B. Change Order Requirement. Any work added to the scope of this Agreement by 3 a Change Order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly executed on behalf of City and Consultant. C. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Mayor or City Council, any number of Change Orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section III(B) below. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Mayor and City Council. Amendments shall not result in a variance in price exceeding ten percent of the original contract amount. III. COMPENSATION AND METHOD OF PAYMENT A. Payment Terms. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City’s receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents requested by City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. City shall pay Consultant within thirty (30) days after approval of the invoice by City staff. B. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $30,000.00 (the “Maximum Contract Price”), except as outlined in Section II(C) above. The compensation for Work performed shall be based upon number of hours (or partial hours) worked, at an hourly rate of $90.00 per hour, plus mileage reimbursement at the City’s authorized mileage rate of $.58 cents per mile. This reimbursement rate is based on the 2019 Internal Revenue Service standard mileage rates. C. Reimbursement for Costs. The Maximum Contract Price set forth in Section III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the Project, and reimbursement for costs incurred shall be limited to mileage reimbursement as discussed in the preceding paragraph. IV. COVENANTS OF CONSULTANT A. Expertise of Consultant; Licenses, Certification and Permits. Consultant accepts the relationship of trust and confidence established between it and City, recognizing that City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. 4 Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia’s Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional work or costs incurred as a result of error and/or omission by Consultant as a result of not meeting the applicable standard of care or quality will be provided by Consultant at no additional cost to City. This provision shall survive termination of this Agreement. B. Budgetary Limitations. Consultant agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Consultant ’s profession and industry. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant’s profession and industry, Consultant will give written notice immediately to City. C. City’s Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant’s Work performed under this Agreement. Consultant acknowledges and agrees that the acceptance of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant’s performance. Consultant further agrees that no approval of designs, plans, specifications or other work product by any person, body or agency shall relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant’s Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. D. Consultant’s Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. E. Consultant’s Representative. Alex Phillips shall be authorized to act on Consultant’s behalf with respect to the Work as Consultant’s designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. F. Assignment of Agreement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of City. As to any approved subcontractors, Consultant shall be solely responsible for 5 reimbursing them, and City shall have no obligation to them. G. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless City and City’s elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an “Indemnified Party” and collectively “Indemnified Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney’s fees and costs of defense (“Liabilities”), which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Consultant, any subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. This indemnity obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of Consultant, its subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts Consultant or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Consultant or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. H. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Nothing in this Agreement shall be construed to make Consultant or any of its employees, servants, or subcontractors, an employee, servant or agent of City for any purpose. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of consultants, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and City by virtue of this Agreement with Consultant. Any provisions of this Agreement that may appear to give City the 6 right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and City may hire additional entities to perform the Work related to this Agreement. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. Consultant agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. I. Insurance. Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit “B”, attached hereto and incorporated herein by reference. Consultant shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Consultant shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Consultant’s Work and that the City and its officials, employees or agents are named as additional insureds. J. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City-provided forms, attached hereto as Exhibits “D” and “E” (affidavits regarding compliance with the E- Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant’s subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “D”, and submitted such affidavit to 7 City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub-subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “E”, which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub-subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of Consultant’s and Consultant’s subcontractors’ verification process at any time to determine that the verification was correct and complete. Consultant and Consultant’s subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with City, Consultant and Consultant’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Consultant or Consultant’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. Consultant’s failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Consultant shall be liable for all damages and delays occasioned by City thereby. Consultant agrees that the employee-number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] [DESIGNATE/MARK APPROPRIATE CATEGORY] ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the 8 subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. K. Records, Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement (“Records”) shall be established and maintained by Consultant in accordance with applicable law and requirements prescribed by City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Consultant by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, Consultant shall furnish to City any and all Records in the form requested by City. All Records provided electronically must be in a format compatible with City’s computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, Consultant shall make available to City or City’s representative(s) for examination all Records. Consultant will permit City or City’s representative(s) to audit, examine, and make excerpts or transcripts from such Records. Consultant shall provide proper facilities for City or City’s representative(s) to access and inspect the Records, or, at the request of City, shall make the Records available for inspection at City’s office. Further, Consultant shall permit City or City’s representative(s) to observe and inspect any or all of Consultant’s facilities and activities during normal hours of business for the purpose of evaluating Consultant’s 9 compliance with the terms of this Agreement. In such instances, City or City’s representative(s) shall not interfere with or disrupt such activities. L. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Consultant become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest exists, City may require that Consultant take action to remedy the conflict of interest or terminate the Agreement without liability. City shall have the right to recover any fees paid for services rendered by Consultant when such services were performed while a conflict of interest existed if Consultant had knowledge of the conflict of interest and did not notify City within five (5) business days of becoming aware of the existence of the conflict of interest. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub-consultant under a contract to the prime Consultant or higher tier sub- consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. M. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. Consultant agrees that confidential information it learns or receives or such reports, information, opinions or conclusions that Consultant creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of City. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Consultant acknowledges that City’s disclosure of documentation is governed by Georgia’s Open Records Act, and Consultant further acknowledges that if Consultant submits records containing trade secret information, and if Consultant wishes to keep such records confidential, Consultant must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. 10 N. RESERVED O. Meetings. Consultant is required to meet with City’s personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to City. Meetings will occur as problems arise and will be coordinated by City. City shall inform Consultant’s Representative of the need for a meeting and of the date, time and location of the meeting at least three (3) full business days prior to the date of the meeting. Face-to-face meetings are desired. However, at Consultant’s option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of this Agreement for cause. P. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant’s board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. Q. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant (“Materials”) shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any Materials remaining in the hands of Consultant or subcontractor upon completion or termination of the Work shall be delivered immediately to City whether or not the Project or Work is commenced or completed; provided, however, that Consultant may retain a copy of any deliverables for its records. Consultant assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed before final delivery to City, Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. V. COVENANTS OF CITY A. Right of Entry. City shall provide space for Consultant to perform Work at City’s offices; provided that Consultant shall not unreasonably encumber the space with materials or equipment. 11 B. City’s Representative. Sandra DeWitt shall be authorized to act on City’s behalf with respect to the Work as City’s designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section II above. VI. TERMINATION A. For Convenience. City may terminate this Agreement for convenience at any time upon providing written notice thereof at least seven (7) calendar days in advance of the termination date. B. For Cause. Consultant shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City’s failure to pay Consultant within thirty (30) calendar days of Consultant providing City with notice of a delinquent payment and an opportunity to cure. In the event of Consultant’s breach or default under this Agreement, City may terminate this Agreement for cause. City shall give Consultant at least seven (7) calendar days’ written notice of its intent to terminate the Agreement for cause and the reasons therefor. If Consultant fails to cure the breach or default within that seven (7) day period, or otherwise remedy the breach or default to the reasonable satisfaction of City, then City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge Consultant for the costs of curing the default against any sums due or which become due to Consultant under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to City for such default. C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in I(D) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of City. D. Payment Upon Termination. Upon termination, City shall provide for payment to Consultant for services rendered and, where authorized, expenses incurred prior to the termination date; provided that, where this Agreement is terminated for cause, City may deduct from such payment any portion of the cost for City to complete (or hire someone to complete) the Work, as determined at the time of termination, not otherwise covered by the remaining unpaid Maximum Contract Price. E. Conversion to Termination for Convenience. If City terminates this Agreement for cause and it is later determined that City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section VI(A) above. F. Requirements Upon Termination. Upon termination, Consultant shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by Consultant in performing this Agreement, whether completed or in process, in the form specified by City. 12 G. Reservation of Rights and Remedies. The rights and remedies of City and Consultant provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity. VII. MISCELLANEOUS A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written Change Order (as provided in Section II above) or other document signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties. C. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia – Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. D. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared in valid. E. Business License. Prior to commencement of the Work to be provided hereunder, Consultant shall apply to City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Consultant provides evidence that no such license is required. F. Notices. (1) Communications Relating to Day-to-Day Activities. All communications relating to the day-to-day activities of the Work shall be exchanged between City’s Representative (named above) for City and 13 Consultant’s Representative (named above) for Consultant. (2) Official Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith. NOTICE TO CITY shall be sent to: Procurement Manager City of Milton, Georgia 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONSULTANT shall be sent to: Canopy Consultants, LLC 1135 Arlington Parkway Atlanta, GA 30324 G. Waiver of Agreement. No failure by City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and no custom or practice of City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect City’s right to demand exact and strict compliance by Consultant with the terms and conditions of this Agreement. Further, no express waiver shall affect any Term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations and insurance maintenance requirements. I. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. J. Sovereign Immunity; Ratification. Nothing contained in this Agreement shall be construed to be a waiver of City’s sovereign immunity or any individual’s qualified, good faith or official immunities. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. 14 K. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City’s elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to Consultant or any successor in interest in the event of any default or breach by City or for any amount which may become due to Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant’s performance of services under this Agreement shall not subject Consultant’s individual employees, officers, or directors to any personal contractual liability, except where Consultant is a sole proprietor. The Parties agree that, except where Consultant is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed and/or asserted only against Consultant or City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. L. Counterparts; Agreement Construction and Interpretation. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of t he Agreement. In the interest of brevity, the Agreement may omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. M. Force Majeure. Neither City nor Consultant shall be liable for its respective non- negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of its respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond its respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of CONSULTANT; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. N. Material Condition. Each term of this Agreement is material, and Consultant’s breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to City at law or in equity. 15 IN WITNESS WHEREOF City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] 16 CONSULTANT: Canopy Consultants, LLC Signature: ___________________________________ Print Name: _____________________________ Title: Member/Manager (LLC) Attest/Witness: Signature: _______________________________ Print Name: _____________________________ Title: __________________________________ CITY OF MILTON, GEORGIA RATIFIED BY COUNCIL _____________________________ _______________________________ By: Steven Krokoff, City Manager By: Joe Lockwood, Mayor [CITY SEAL] Attest: Signature: ________________________________ Sudie Gordon, City Clerk Approved as to form: _______________________________ City Attorney EXHIBIT “A” RESERVED EXHIBIT “B” EXHIBIT “C” Mr. Parag Agrawal, AICP Community Development Director CITY OF MILTON 2006 Heritage Walk Milton Georgia, 30004 RE: Professional Services Agreement: Arborist Services Dear Mr. Agrawal, Canopy Consultants (“Canopy Consultants or Consultant”) is pleased to submit this letter to the City of Milton (“Client”) for Arborist Services. PROJECT UNDERSTANDING Canopy Consultants will provide tree arborist services in compliance with Milton City code, Section 60 – Tree Canopy Conservation Ordinance, Adopted February 5, 2018 SCOPE OF SERVICES Canopy Consultants will assist the City Arborist with daily tasks such as: 1. tree removal requests, 2. tree removal permit applications, 3. on site tree inspections (with the consultants company vehicle), 4. “in office” plan reviews and comment preparation as needed, 5. Track all permits and requests on City of Milton’s tracking software “Community Core”, and 6. Send weekly summary of all work performed via email list to city arborist ADDITIONAL SERVICES Additional services, including design and code text preparation may be performed at the request of the City and will be performed at the Consultant’s hourly rate listed below. Schedule This service will be performed one day a week (day of the week as approved by the Community Development Director) for a period of 10 hours. The consultant will be performing this service at the Milton City Hall, Community Development Department, CANOPY CONSULTANTS 1135 Arlington Parkway Atlanta GA · 404-858-7471 aphillips@canopy-consultants.com · www.canopy-consultants.com 2 and will be performing the “on-site” inspections during this scheduled period of time. This work will start as soon as a “Notice to Proceed” is received. FEE and EXPENSES Canopy Consultants will perform the work as described in “Scope of Services above at the hourly rate of $90.00 per hour or portion thereof for an amount “Not to Exceed” $30,000 dollars including expenses. Fees will be invoiced monthly based upon the amount of services performed. Payments are due within 30 days of an approved invoice and will include invoice number and consultants project number. All invoices will be in paper copy sent via regular mail to Honor Motes, Procurement Manager, City of Milton Procurement Department. Alex Phillips, Arborist, hourly rate - $90.00 REINBURSEMENTS Mileage used during the “on site tree inspections” portion of the work will be reimbursed at the City of Milton’s standard rates per mile. Consultant will keep track of all “sites visited” and round-trip mileage totals. We appreciate the opportunity to provide these services to you. Please contact me with questions. Very Truly Yours Alex Phillips, ISA, ASLA, TRAQ ; President and Owner Canopy Consultants LLC EXHIBIT “D” STATE OF ____________ COUNTY OF ___________ CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13 -10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization Canopy Consultants, LLC Name of Contractor Arborist Services Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _________, 20___ in _____________________ (city), ______ (state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________, 20___. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ EXHIBIT “E” STATE OF _____________ COUNTY OF ___________ SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13 -10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Canopy Consultants, LLC on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Contractor Arborist Services Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _________, 20__ in _____________________ (city), ______ (state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________, 20___. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _______________________ MILTON .. TO: FROM: AGENDA ITEM: MEETING DATE: ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: April 30, 2019 Steven Krokoff , City Manager@ Approval of a Change Order to a Professional Services Agreement between the City of Milton and Lowe Engineers, LLC and a Task Order for Land Development Plan Review. Monday, May 6, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ( .)/APPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: (J/(ES (.J)f"ES APPROVAL BY CITY ATTORNEY: ( vA(PPROVED PLACED ON AGENDA FOR : () NOT APPROVED () NO () NO () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678 .242 .2500 IF : 678 .242.2499 info@cityofmiltonga.usIwww.cityofmiltonga.us 08 00 To: Honorable Mayor and City Council Members From: Parag Agrawal, Community Development Department Date: Submitted April 29, 2019 for the May 6, 2019 Regular City Council Meeting Agenda Item: Approval of a Change Order to a Professional Services Agreement between the City of Milton and Lowe Engineers, LLC and a Task Order for Land Development Plan Review Department Recommendation: Approval Executive Summary: Consultant will provide land development services with daily tasks such as transportation, erosion control and storm water management plan review per the description of services outlined in the task order. Procurement Summary: Purchasing method used: Professional Services Account Number: 100-7410-521210000 Adds $15,000.00 per FY Requisition Total: FY19: $62,120 FY20-FY23: $96,160 per FY Financial Review: Bernadette Harvill, May 1, 2019 Legal Review: Sam VanVolkenburgh, April 30, 2019 Concurrent Review: Steve Krokoff Attachment: Change Order and Task Order 1 CHANGE ORDER #1 FOR PROFESSIONAL SERVICES AGREEMENT Plan Review Services for Land Development WHEREAS, the City of Milton, Georgia and Lowe Engineers, LLC, have entered into a Professional Services Agreement (the “Agreement”) dated September 13, 2017, incorporated herein by reference; and WHEREAS, the parties desire to change the Maximum Contract Price of the Agreement pursuant to Section 2 of the Agreement, it being to the mutual benefit of all parties to do so; NOW THEREFORE, the parties agree to amend the Agreement as follows: 1.Section 3 is amended by replacing the text of Subsection B with the following: B.“During each fiscal year (October 1 to September 30), the total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $165,000, except as outlined in Section II above. During each fiscal year, the total amount paid under this Agreement as compensation for standard NPDES/MS4 program management services and reimbursement for related costs incurred shall not exceed $68,840, with compensation for Work performed to be based on hourly rates set forth in the August 17, 2017 Revised Cost Proposal attached hereto as Exhibit “B.” During each City fiscal year, the total amount paid under this Agreement as compensation for Task Order based services and reimbursement for related costs incurred shall not exceed $96,160, with compensation for Work performed to be based upon the task/rate schedules set forth in the August 17, 2017 IN WITNESS WHEREOF, the parties have caused this Change Order to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON FOLLOWING PAGE] 2 CONTRACTOR: LOWE ENGINEERS, LLC By: ________________________________________ Print Name: _________________________________ Its: Member/Manager Date: _________________________________ Attest/Witness: ____________________________________________ Print Name: ___________________________________ Its: ______________________________________ CITY OF MILTON, GEORGIA By: ___________________________________ Joe Lockwood, Mayor [CITY SEAL] Date: _________________________________ Attest: ____________________________________ Print Name: Sudie Gordon Its: City Clerk Approved as to form: ____________________________________ City Attorney TASK ORDER TO PROVIDE PLAN REVIEW FOR LAND DEVELOPMENT ACTIVITIES THIS TASK ORDER between the parties is entered into pursuant to a pre-existing Professional Services Agreement (RFQ #17-PW05), incorporated herein by reference, and shall serve as authorization by City of Milton to Lowe Engineers, LLC (referred to herein alternately as “consultant and “Lowe”) to perform the services described herein pursuant to the terms conditions, mutual covenants and promises provided herein and in the Professional Services Agreement. Description of Services: The City is requesting plan review services for land development activities within the City. The services to be provided under this task order shall ensure that land development permits are issued in conformance with the City Code of Ordinances. The Consultant shall keep detailed and accurate records of the daily reviews and will be required to utilize reporting software as may be required by the City. Timing: This task order will begin upon acceptance and end upon expiration of the underlying Professional Services Agreement (anticipated expiration date: September 30, 2023), unless sooner terminated in writing (for any reason) by the City. Compensation: This task order shall not exceed $96,160.00 each fiscal year based on the hourly rate of: Project Manager $125.00 / hour Project Engineer $ 80.00 / hour Attachments The following documents are incorporated by reference and compliance with these documents are a material term of this Task Order: Exhibit A - Lowe Proposal letter dated February 28, 2019 Exhibit B – Transportation Checklists (2) Exhibit C – Erosion, Sedimentation & Pollution Control Plan Checklist Exhibit D - Residential Individual Lot Site Plan Requirement Checklist Exhibit E – Traffic Memo Exhibit A - Lowe Proposal letter dated February 28, 2019 990 Hammond Drive, Suite 900, Atlanta, Georgia 30328 Phone: 770.857.8400 I Fax: 770.857.8401 I loweengineers.com February 28, 2019 Parag Agrawal, AICP Community Development Director and Ms. Sara Leaders, PE Public Works Director City of Milton 2006 Heritage Walk Milton, GA 30004 www.cityofmiltonga.us RE: Proposal for Plan Review Support Dear Parag and Sara: Thank you for the opportunity to submit this proposal for plan review support under our current open-end, on-call support contract. SCOPE It is our understanding you need primarily erosion and sediment control, transportation, and stormwater plan review support in accordance with the projected volumes below: •Minor erosion control review: grading, pools, sf homes with less than 1 acre of disturbance, approximately 30 per month. •Full Erosion control plans: commercial/residential development LDP’s with 1 acre of disturbance or more, approximately 10 per month. •Minor stormwater review: stand-alone single family homes with more than 5000 sf of impervious area or within 200‘ of a stream that are not part of a common development, approximately 10 per month. •Full stormwater review: commercial/residential development concept plans and LDP’s, approximately 3 per month. STAFFING In accordance with our conversation in our review of the projected volumes provided, we agree that one review engineer should be able to handle it with a 30 to 40 hour workweek on site. We believe he should be supported by a senior engineer who will make occasional visits as necessary and provide surge capacity and support when needed. 990 Hammond Drive, Suite 900, Atlanta, Georgia 30328 Phone: 770.857.8400 I Fax: 770.857.8401 I loweengineers.com Accordingly we are proposing Mark Zion, EIT, as our full-time on site engineer. He will be supported by and reviewed by Jerry Oberholtzer, PE. Here is a brief summary resume on each of them: JERRY OBERHOLTZER, PE BS, Civil Engineering, Clemson University, 1981 PE License No. 15711 (GA), 19442 (NC), and 402026389 (VA) GSWCC-Certified Level II Design Professional Jerry Oberholtzer has 37 years of civil engineering design and project management experience, with extensive expertise in transportation planning and roadway design, stormwater drainage systems, erosion and sedimentation control, as well as site preparation. As Engineering Administrator for the Athens-Clarke County Transportation and Public Works Department, Engineering Division, Mr. Oberholtzer oversaw the design, plan review, and construction of all transportation projects. His background further includes GDOT Plan Development Process (PDP) training and full-depth asphalt pavement reclamation training, and. MARK J. ZION, EIT BS, Civil/Environmental Engineering, Northern Arizona University, 1995 EIT License No. 16169 (AL) GSWCC-Certified Level II Design Plan Reviewer Mark Zion has over 23 years of civil site engineering design and project management experience in both the public and private sectors. His background includes plan production and permitting for stormwater drainage, utilities, sanitary sewer, grading, and erosion control, as well as countless as-built inspections to certify stormwater systems. He also has considerable experience with due diligence and site investigation, plan review, and construction administration. Mark has plan review experience from an assignment at the City of Brookhaven. FEE Below is our fee schedule from our current contract. I am proposing Jerry’s rate at the Project Manager level of $125 per hour. I am proposing Mark’s rate at the project engineer level of $80 per hour. To charge this rate for Mark I request that he be able to set up a Lowe Engineers computer station in City Hall that he made utilize on occasion and when he’s not totally needed for Milton support. That should eliminate travel to our main office for Mark when he’s needed on some project that he has historical connections on. 990 Hammond Drive, Suite 900, Atlanta, Georgia 30328 Phone: 770.857.8400 I Fax: 770.857.8401 I loweengineers.com 2017 Fee Schedule Range STAFF CATEGORY HOURLY BILLING RATES Principal $200-250 Senior Project Manager $150-175 Senior Project Specialist $180-220 Project Manager $125-150 Senior Project Engineer $95-115 Senior Arborist $115 Project Engineer $75-95 Design Engineer $60-80 Senior Geospatial Analyst $95-105 Geospatial Analyst $60-80 Senior GIS Technician $95-105 GIS Technician $60-80 Senior Technician $80-100 Senior Data Analyst $100-125 Technician $60-80 Professional Land Surveyor $175-200 Survey Supervisor $100-120 Field Supervisor $80-95 Survey Crew (3 person) $150-165 Survey Crew (2 person) $110-135 Survey Crew (1 person) $70-90 Scanner Field Crew $200-250 Scanner Technician $75-100 Unmanned Aerial Vehicle (UAV) $200 UAV Data Processing $100 Research $65-85 Clerical $45-65 990 Hammond Drive, Suite 900, Atlanta, Georgia 30328 Phone: 770.857.8400 I Fax: 770.857.8401 I loweengineers.com SCHEDULE We have the capacity to make this happen right away and have Mark on site as early as Monday, March 4. We appreciate the opportunity to submit this proposal and will be glad to meet with you and discuss it in person if you like. Please let me know if you have any questions. We look forward to continue to work with the City of Milton. Jon Drysdale, PE Managing Partner jon.drysdale@loweengineers.com 404.312.1843 attachments: Capital Improvement Plan, Hourly Fee Schedule Exhibit B – Transportation Checklists (2) Transportation Checklist for Land Disturbance Permits Georgia Department of Transportation (GDOT) If development accesses a road maintained by GDOT and/or a City road with a currently programmed state improvement project, provide GDOT driveway permit number and approval No Land Disturbance Permit will be issued showing roadway improvements until GDOT plans and approval are presented to Milton Public Works AASHTO—A Policy on Geometric Design of Highways and Streets, by American Association of State Highway Transportation Officials All designs shall conform to AASHTO, Milton Code of Ordinances, and these checklist items Address pedestrian considerations in accordance with ADA and Milton Code of Ordinances Sidewalk is required if parcel is not on Milton trail system and is within ½ mile of an active park, school, or in a form based code area Trail is required if parcel is on Milton trail system. Trail construction is required if parcel is within ½ mile of an active park, school, or in a form based code area Right of way and easements for future trail construction are required if parcel if not constructed If trail is not required but developer chooses to construct trail instead of providing future construction easements, impact fee credits shall be provided Site Access • Show all existing and proposed driveway(s) which are within 300 feet of proposed driveway(s) along property frontage • Dimension distance from centerline of project driveway(s) to existing and/or proposed driveway(s) • Show angle of intersection of centerline of driveway and road • Horizontal alignment of driveway should be tangent from the centerline of the road to the edge of the right of way • Designed for trucks if applicable • Provide island if applicable • Show width of entrance from back of curb to back of curb • Dimension corner radii and control radii • Provide detail for any right-in/right-out driveway to minimize improper turns • Show concrete apron for private residential entrances and commercial and industrial entrances • Show separate dimensioned entrance detail for all gated entrances Sight Distance for proposed intersection, entrance, road, or driveway • Show intersection sight triangle on site plan Document • Show intersection sight distance in plan and profile of each proposed intersection entrance, road or driveway. o Intersection sight distance is determined with an assumed height of driver’s eye of 3.5 feet and an assumed height of object of 3.5 feet when m easuring in the vertical plane o When measuring in the horizontal plane, the intersection sight distance is determined with an assumed driver’s eye location from a point 4’ offset from the centerline and 15’ from the edge of closest travel lane to a point along the centerline of the closest oncoming travel lane o When measuring in either plane, the line of sight must remain in the proposed standard dedicated ROW and may not be obstructed by monuments, walls, fences, trees, hedges or other visual impediments/obstructions Frontage Construction/Drainage • Show proposed improvement(s) on City roads dimensioned from legal centerline of road • Include deceleration, left turn lanes, road widening, and other improvements as required by Milton Code of Ordinances • Show how the proposed road improvement(s) will be tied into the existing conditions on the City road at the limits of the property frontage with the adjacent parcel(s) • Show concrete with topping construction detail when roadway widening is less than four feet with curb and gutter • Show limits for pavement widening and/or resurfacing along property frontage if applicable • Determine clear zone for adjacent road(s) per Milton Code of Ordinances and label on plans • Show drainage flow lines, minimum slopes, high points and low poi nts with spot grades along road frontage • Show frontage roadway cross-sections and widths • Provide Milton Roadway Access Detail and applicable Fulton County Standard Details or equivalent • Show legal centerline of all existing and proposed City roads • Show speed limits for all roads (existing and proposed); locate any adjacent speed limit signs • Label proposed road(s) as future public or private • Plans must show GDOT and City mandated Right of Way dedications and reservations for all projects adjacent to any road maintained by GDOT and/or City • Show proposed R/W dedication and reservation dimensioned from centerline • Show a 10.5 foot R/W shoulder dimensioned from the back of curb of all road improvements, if the road improvement plus 10.5 feet will be greater than the proposed R/W dedication • Show R/W miter at external intersections of at least 20 feet radius • Traffic Control Plan • A separate sheet dedicated to a Traffic Control Plan should be submitted if the improvements associated with the development will create the need for supplemental road improvement, signing, or striping of a City road • It must include all work zone warning devices, barricades, signage, and operational changes to all affected roads, including any necessary detour routes Right of Way / Utilities Document • Show all utility locations • Show R/W widths for all proposed roads and cul-de-sacs • Show any proposed walls and/or fences along the property frontage • No portion of the fence or wall may be closer than 3’ to the R/W line Vertical Alignment (for internal roads) • Minor street (44’ ROW) = 14% maximum grade (all grades exceeding 12% shall not exceed a length of 250 feet) • Show minimum centerline profile and longitudinal gutter slopes with grade of at least 0.5% when used as a tangent • Show minimum Vertical curve lengths • Show compliance for leveling course design at approaches to an intersection Horizontal Alignment (for internal roads) • Show frontage roadway cross-sections and widths • Provide applicable Fulton County Standard Details or equivalent • Show minimum horizontal centerline curve radius • Show minimum tangent lengths between reverse horizontal curves of 50 or 100 feet • Show intersection angle Other • Submit separate signal plans if a signal is required for this development • Submit a traffic impact study if required for this development TRANPORTATION CHECKLIST FOR LAND DISTURBANCE PERMITS Project Name:_____________________________________ Date: ___________________________ Permit Number: ___________________________________ Telephone: _______________________ Reviewed By: _____________________________________ Email: __________________________ Overlay District: _______________________________________________________________________ Note: The Following abbreviations are used in the checklist: MUTCD – Manual of Uniform Traffic Control Devices. A signing and striping reference document produced by the Federal Highway Administration. AASHTO – A Policy on Geometric Design of Highways and Streets, by American Association of State Highway Transportation Officials. R/W – Right of Way GDOT – Georgia Department of Transportation Please address all items marked with an “X”  GDOT Driveway Permit Number: ________________________________. This development accesses on a road maintained by GDOT and/or a City road with a currently programmed state improvement project. Provide GDOT driveway permit number and approval. No Land Disturbance Permit will be issued showing roadway improvements until GDOT plans and approval are presented to Milton Department of Community Development.  GDOT R/W Dedication and Reservation Plans must show GDOT mandated R/W dedications and reservations for all projects adjacent to any road maintained by GDOT and/or any City road with a currently programmed state improvement project. Transportation Checklist for Land Disturbance Permits 2  Traffic Control Plan A separate sheet dedicated to a Traffic Control Plan should be submitted with the Land Disturbance Permit approval drawings if the improvements associated with the development will create the need for supplemental road improvement, signing, or striping of a City road which will either be accessed on or dedicated by the development. The plan should be at a scale of between 1: = 20’ and 1” = 60’, contain a location map and north arrow. It must include all warning devices, barricades, signage, and operational changes to all affected roads, including any necessary detour routes. All work zone signage and marking must conform to the MUTCD. An 8 x 11 copy of this plan is required when ROW Encroachment Permit is filed by the Contractor. AASHTO COMPLIANCE  All road designs shall conform to AASHTO and these checklist items as a minimum. Revise plans to conform to AASHTO requirements noted in the review.  Plan Conventions. All plans must include a north arrow (oriented to the top or right of the sheet), location map, and scale of between 1: = 20’ and 1” = 60’. A. Curb Cuts  1. Show all existing and proposed curb cuts which are within 300 feet of proposed driveway(s) along property frontage.  2. Dimension distance from centerline of project curb cuts to existing and/or proposed curb cuts.  3. Show angle of incidence of centerline of driveway and entrance, with centerline of road.  4. Show width of driveway entrance from back of curb to back of burb. Driveway widths must conform to Milton Driveway Manual and Standard Details.  5. Show concrete apron per Milton Standard Details. For private residential street entrances and commercial and industrial entrances; add this detail to your plans.  6. Show right-/right-out only curb cut design per Milton Standard Details; add this detail to your plans. Provide inset detail with dimensions and at least one coordinate for stake - out.  7. Show any proposed walls and/or fences along the property frontage. No portion of the fence or wall may be closer than 3’ to the R/W line. If the fence is located within the R/W reservation, an agreement must be filed, before LDP issuance, that the fence will be removed at no cost to the City at any future time that the City may purchase the reservation. Such agreement must be filed with the City Clerk and the Department of Public Works and tied to the property deed. Transportation Checklist for Land Disturbance Permits 3  8. Show separate dimensioned entrance detail for all gated entrances. Provide gate permit application. B. Roadway Construction/Drainage  1. Show proposed improvement(s) on City roads dimensioned from legal centerline of road. Include deceleration, left turn lanes, road widening, and other improvements as required by Milton Driveway Manual. All improvements must conform to Milton Standard Details.  2. Show how the proposed road improvement(s) will be tied into the existing conditions, on the City road at the limits of the property frontage with the adjacent parcel(s).  3. Show Milton Standard Details, for pavement.  4. Show typical Milton standard cross-section as required.  5. Subdivision mass grading is not acceptable. Redesign to show road clearing only. Lots require individual site plans. C. Signing/Striping  1. Show legal centerline of all existing and proposed City roads. Show speed limits for all roads (existing and proposed); locate any adjacent speed limit signs; label proposed as future public or private.  2. Show deceleration land(s) striping and signage, if required. Show signing and striping on the plans per Milton Standard Details and the MUTCD.  3. Show left turn land(s) striping and signage, if required. Show signing and striping on the plans per Milton Standard Details and the MUTCD.  4. Show striping plan for frontage resurfacing. Show signing and striping on the plans per Milton Standard Details. D. Sight Distance  1. Intersection Sight Distance Profile Show intersection sight distance (not to be confused with stopping sigh distance) of each proposed intersection entrance, street or driveway. Transportation Checklist for Land Disturbance Permits 4 Intersection sight distance is determined with an assumed height of driver’s eye of 3.5 feet and an assumed height of object of 3.5 feet when measuring in the vertical plan. When measuring in the horizontal plane, the intersection sight distance is determined with an assumed driver’s eye location from a point 4’ offset from the centerline and 15’ from the edge of closest travel lane to a point along the centerline of the closest oncoming travel lane. When measuring in either plane, the line of sight must remain in the proposed standard dedicated ROW and may not be obstructed by monuments, walls fences, trees, hedges, or other visual impediments/obstructions.  2. Show Sight Triangles shown on tree plans and site plan. Show proposed wall and sign locations outside the sight triangle. E. Right of Way / Utilities  1. Show proposed R/W dedication and reservation, dimension from centerline.  2. Show a 10.5 foot R/W shoulder dimensioned from the back of curb of all road improvements, if the road improvement plus 10.5 feet will be greater than the proposed R/W dedication.  3. Show R/W miter at external street intersections of at least 20 feet radius. Ensure intersection site distance, free of obstructions, is provided.  4. All utility locations must conform to Milton Standard Details; add this detail to your plans. Specify which trench detail (based on site utility needs) on utility plan.  5. Show R/W widths for all proposed streets and cul-de-sacs per Milton Standard Details, Subdivision Regulations, and Driveway Manual. F. Vertical Alignment (for internal streets)  1. Minor street (44’ ROW) = 15% maximum grade All grades exceeding 12% shall not exceed a length of 250 feet. Minimum: K > 12 sag K > 16 rest  2. Show minimum centerline profile and longitudinal gutter slopes with grade of at least 1 percent when used as a tangent.  3. Show minimum Vertical curve lengths, per Milton Subdivision Regulations.  4. Show compliance with Milton Subdivision Regulations for leveling course design at approaches to an intersection. Transportation Checklist for Land Disturbance Permits 5  5. Show 4% max break at side road intersections with mainline for a minimum distance of 50 feet. G. Horizontal Alignment (for internal streets)  1. Show minimum horizontal centerline curve radius, per Milton Subdivision Regulations.  2. Show minimum tangent lengths between reverse horizontal curves of 100 feet, per Subdivision Regulations.  3. Show desired ninety degree angle of incidence between intersections, per Subdivision Regulations. H. Traffic Report  See separate checklist. I. Signal Permit  See separate checklist J. Notes: Show the following notes on the plans prior to approval:  1. GDOT structures required in the Right-of-Way. All pavement work shall be saw cut.  2. GDOT specifications, standards, and details on projects in the City of Milton.  3. New pavement/surfacing is required across all property frontages to existing centerline, to be installed per Milton Standard Details or as additionally directed by Milton Traffic Engineer.  4. Striping (white and yellow) and arrow marking shall be applied using GDOT standards for thermoplastic striping for all work in the ROW. Work within the site may be traffic paint.  5. When necessary, existing striping shall be removed by grinding, unless specified by Milton Traffic Engineer.  6. All final signage must be installed concurrently with the performance of the striping work.  7. Separate R/W permit is required for construction and signage. Transportation Checklist for Land Disturbance Permits 6  8. HC detectable warning devices must be either tile or paver type. Stamped warnings are not acceptable.  9. Engineering Testing is required for sub-base, base, and asphalt/concrete. Include Engineering Testing Guidelines.  10. Notify City Engineer and City Inspector 24 hours prior to every phase of construction.  11. Off-street parking shall be provided and maintained throughout construction.  12. Upon completion of construction, the project engineer shall submit to Community Development Department and as-built set of plans and certification.  13. All radi and pavement widths are measured back of curb unless otherwise noted.  14. If signs, striping and modifications to traffic control are required as part of this development, control must be complete and approved by City Traffic Engineer prior to occupancy.  15. Road on lane closure is not permitted during the hours of 7 am – 9 pm and 4pm – 7 pm (or other hours as directed by the Community Development Department).  16. All water meters shall be relocated outside of sidewalk.  17. All standard highway signs shall be fabricated and erected in accordance with the details shown in the plans, the manual on uniform traffic control devices, current edition, and the Georgia standard specifications, supplemental specifications, and/or special provisions.  18. Sign erection locations are approximate and may be adjusted to meet field conditions where necessary, but shall be within the limitation set forth in the manual on uniform traffic control devices, current edition, no sign location shall be changed by the contractor or by the project engineer without prior approval from the office of traffic operations.  19. All standard highway signs shall be erected at a height of 7 feet above the normal edge of pavement to the bottom of the sign or assembly.  20. Horizontal clearance for standard signs on all other roadways shall be 6 fee from the edge of paved shoulder or 12 feet from the normal edge of pavement to the nearer edge of the signs, whichever is greater, the horizontal clearance in non-mountable curb sections shall be at least 2 feet from the curb face to the nearer edge of the signs.  21. Type III (encapsulated lens) reflective sheeting shall be used for all standard highway signs requiring reflectorized backgrounds except as specified below or specified otherwise in the plans. Either class 1 or class 2 adhesive backing is permissible. Transportation Checklist for Land Disturbance Permits 7  22. Type VI (wide angle prismatic) reflective sheeting shall be used for all red series signs (R1-1, R1-2, R1-3A, R1-4A, R5-1) NOTE: All water meters, water valves, fire hydrants, and sanitary sewer manholes are to be adjusted to grade unless otherwise noted. Exhibit C - Erosion, Sedimentation & Pollution Control Plan Checklist EROSION, SEDIMENTATION & POLLUTION CONTROL PLAN CHECKLIST EROSION, SEDIMENTATION & POLLUTION CONTROL PLAN CHECKLIST STAND ALONE CONSTRUCTION PROJECTS STAND ALONE CONSTRUCTION PROJECTS SWCD:_________________________________________________________ SWCD:_________________________________________________________ Project Name:______________________________________Address:______________________________________ City/County:__________________________________Date on Plans:_________________________________ Name & email of person filling out checklist:____________________________________________ Plan Included Page # Y/N 1 The applicable Erosion, Sedimentation and Pollution Control Plan Checklist established by the Commission as of January 1 of the year in which the land-disturbing activity was permitted. (The completed Checklist must be submitted with the ES&PC Plan or the Plan will not be reviewed) 2 Level II certification number issued by the Commission, signature and seal of the certified design professional. (Signature, seal and Level II number must be on each sheet pertaining to ES&PC plan or the Plan will not be reviewed) 3 Limits of disturbance shall be no greater than 50 acres at any one time without prior written authorization from the EPD District Office. If EPD approves the request to disturb 50 acres or more at any one time, the Plan must include at least 4 of the BMPs listed in Appendix 1 of this checklist.* (A copy of the written approval by EPD must be attached to the plan for the Plan to be reviewed.) 4 The name and phone number of the 24-hour local contact responsible for erosion, sedimentation and pollution controls. 5 Provide the name, address, email address, and phone number of primary permittee. 6 Note total and disturbed acreage of the project or phase under construction. 7 Provide the GPS location of the construction exit for the site. Give the Latitude and Longitude in decimal degrees. 8 Initial date of the Plan and the dates of any revisions made to the Plan including the entity who requested the revisions. 9 Description of the nature of construction activity. 10 Provide vicinity map showing site’s relation to surrounding areas. Include designation of specific phase, if necessary. 11 Identify the project receiving waters and describe all sensitive adjacent areas including streams, lakes, residential areas, wetlands, marshlands, etc. which may be affected. 12 Design professional's certification statement and signature that the site was visited prior to development of the ES&PC Plan as stated on Part IV page 19 of the permit. 13 Design professional's certification statement and signature that the permittee’s ES&PC Plan provides for an appropriate and comprehensive system of BMPs and sampling to meet permit requirements as stated on Part IV page 19 of the permit.* 14 Clearly note the statement that "The design professional who prepared the ES&PC Plan is to inspect the installation of the initial sediment storage requirements and perimeter control BMPs within 7 days after installation." in accordance with Part IV.A.5 page 25 of the permit.* 15 Clearly note the statement that "Non-exempt activities shall not be conducted within the 25 or 50-foot undisturbed stream buffers as measured from the point of wrested vegetation or within 25-feet of the coastal marshland buffer as measured from the Jurisdictional Determination Line without first acquiring the necessary variances and permits." 16 Provide a description of any buffer encroachments and indicate whether a buffer variance is required. 17 Clearly note the statement that "Amendments/revisions to the ES&PC Plan which have a significant effect on BMPs with a hydraulic component must be certified by the design professional."* TO BE SHOWN ON ES&PC PLAN 18 Clearly note the statement that "Waste materials shall not be discharged to waters of the State, except as authorized by a Section 404 permit."* 19 Clearly note statement that "The escape of sediment from the site shall be prevented by the installation of erosion and sediment control measures and practices prior to land disturbing activities." 20 Clearly note statement that "Erosion control measures will be maintained at all times. If full implementation of the approved Plan does not provide for effective erosion control, additional erosion and sediment control measures shall be implemented to control or treat the sediment source." 21 Clearly note the statement "Any disturbed area left exposed for a period greater than 14 days shall be stabilized with mulch or temporary seeding." 22 Any construction activity which discharges storm water into an Impaired Stream Segment, or within 1 linear mile upstream of and within the same watershed as, any portion of an Biota Impaired Stream Segment must comply with Part III. C. of the permit. Include the completed Appendix 1 listing all the BMPs that will be used for those areas of the site which discharge to the Impaired Stream Segment.* 23 If a TMDL Implementation Plan for sediment has been finalized for the Impaired Stream Segment (identified in Item 22 above) at least six months prior to submittal of NOI, the ES&PC Plan must address any site-specific conditions or requirements included in the TMDL Implementation Plan.* 24 BMPs for concrete washdown of tools, concrete mixer chutes, hoppers and the rear of the vehicles. Washout of the drum at the construction site is prohibited.* 25 Provide BMPs for the remediation of all petroleum spills and leaks. 26 Description of the measures that will be installed during the construction process to control pollutants in storm water that will occur after construction operations have been completed.* 27 Description of practices to provide cover for building materials and building products on site.* 28 Description of the practices that will be used to reduce the pollutants in storm water discharges.* 29 Description and chart or timeline of the intended sequence of major activities which disturb soils for the major portions of the site (i.e., initial perimeter and sediment storage BMPs, clearing and grubbing activities, excavation activities, utility activities, temporary and final stabilization). 30 Provide complete requirements of inspections and record keeping by the primary permittee.* 31 Provide complete requirements of sampling frequency and reporting of sampling results.* 32 Provide complete details for retention of records as per Part IV.F. of the permit.* 33 Description of analytical methods to be used to collect and analyze the samples from each location.* 34 Appendix B rationale for NTU values at all outfall sampling points where applicable.* 35 Delineate all sampling locations, perennial and intermittent streams and other water bodies into which storm water is discharged.* 36 A description of appropriate controls and measures that will be implemented at the construction site including: (1) initial sediment storage requirements and perimeter control BMPs, (2) intermediate grading and drainage BMPs, and (3) final BMPs. For construction sites where there will be no mass grading and the initial perimeter control BMPs, intermediate grading and drainage BMPs, and final BMPs are the same, the Plan may combine all of the BMPs into a single phase.* 37 Graphic scale and North arrow. 38 Existing and proposed contour lines with contour lines drawn at an interval in accordance with the following: Map Scale Ground Slope Contour Intervals, ft. 1 inch = 100ft or Flat 0 - 2% 0.5 or 1 larger scale Rolling 2 - 8% 1 or 2 Steep 8% + 2,5 or 10 39 Use of alternative BMPs whose performance has been documented to be equivalent to or superior to conventional BMPs as certified by a Design Professional (unless disapproved by EPD or the Georgia Soil and Water Conservation Commission). Please refer to the Alternative BMP Guidance Document found at www.gaswcc.org. 40 Use of alternative BMP for application to the Equivalent BMP List. Please refer to Appendix A-2 of the Manual for Erosion & Sediment Control in Georgia 2016 Edition.* 41 Delineation of the applicable 25-foot or 50-foot undisturbed buffers adjacent to state waters and any additional buffers required by the Local Issuing Authority. Clearly note and delineate all areas of impact. 42 Delineation of on-site wetlands and all state waters located on and within 200 feet of the project site. 43 Delineation and acreage of contributing drainage basins on the project site. 44 Provide hydrology study and maps of drainage basins for both the pre- and post-developed conditions.* 45 An estimate of the runoff coefficient or peak discharge flow of the site prior to and after construction activities are completed. 46 Storm-drain pipe and weir velocities with appropriate outlet protection to accommodate discharges without erosion. Identify/Delineate all storm water discharge points. 47 Soil series for the project site and their delineation. 48 The limits of disturbance for each phase of construction. 49 Provide a minimum of 67 cubic yards of sediment storage per acre drained using a temporary sediment basin, retrofitted detention pond, and/or excavated inlet sediment traps for each common drainage location. Sediment storage volume must be in place prior to and during all land disturbance activities until final stabilization of the site has been achieved. A written justification explaining the decision to use equivalent controls when a sediment basin is not attainable must be included in the Plan for each common drainage location in which a sediment basin is not provided. A written justification as to why 67 cubic yards of storage is not attainable must also be given. Worksheets from the Manual included for structural BMPs and all calculations used by the storage design professional to obtain the required sediment when using equivalent controls. When discharging from sediment basins and impoundments, permittees are required to utilize outlet structures that withdraw water from the surface, unless infeasible. If outlet structures that withdraw water from the surface are not feasible, a written justification explaining this decision must be included in the Plan. 50 Location of Best Management Practices that are consistent with and no less stringent than the Manual for Erosion and Sediment Control in Georgia. Use uniform coding symbols from the Manual, Chapter 6, with legend. 51 Provide detailed drawings for all structural practices. Specifications must, at a minimum, meet the guidelines set forth in the Manual for Erosion and Sediment Control in Georgia. 52 Provide vegetative plan, noting all temporary and permanent vegetative practices. Include species, planting dates and seeding, fertilizer, lime and mulching rates. Vegetative plan shall be site specific for appropriate time of the year that seeding will take place and for the appropriate geographic region of Georgia. *If using this checklist for a project that is less than 1 acre and not part of a common development but within 200 ft of a perennial stream the * checklist items would be N/A. Effective January 1, 2019 EROSION, SEDIMENTATION & POLLUTION CONTROL PLAN CHECKLIST EROSION, SEDIMENTATION & POLLUTION CONTROL PLAN CHECKLIST STAND ALONE CONSTRUCTION PROJECTS STAND ALONE CONSTRUCTION PROJECTS SWCD:_________________________________________________________ SWCD:_________________________________________________________ Project Name:_________________________________Address:____________________________________________ City/County:__________________________________Date on Plans:_______________________________________ Name & email of person filling out checklist:_____________________________________________________ Plan Included Page # Y/N 1 The applicable Erosion, Sedimentation and Pollution Control Plan Checklist established by the Commission as of January 1 of the year in which the land-disturbing activity was permitted. (The completed Checklist must be submitted with the ES&PC Plan or the Plan will not be reviewed) Permit IV.D.1 pg 26 2 Level II certification number issued by the Commission, signature and seal of the certified design professional. (Signature, seal and Level II number must be on each sheet pertaining to ES&PC Plan or the Plan will not be reviewed) The Level II certification must be issued to the Design Professional whose signature and seal are on the Plan. 3 Limits of disturbance shall be no greater than 50 acres at any one time without prior written authorization from the EPD District Office. If EPD approves the request to disturb 50 acres or more at any one time, the Plan must include at least 4 of the BMPs listed in Appendix 1 of this checklist.* (A copy of the written approval by EPD must be attached to the plan for the Plan to be reviewed.) Permit IV.D.3 pg 27 4 The name and phone number of the 24-hour local contact responsible for erosion, sedimentation and pollution controls. May be shown on ES&PC Plan sheets and/or ES&PC notes. Permit II.B.1.c pg 12 5 Provide the name, address, email address, and phone number of primary permittee. May be shown on cover sheet, ES&PC Plan or under ES&PC notes. Permit II.B.1.b pg 12 6 Note total and disturbed acreage of the project or phase under construction. Must be shown on ES&PC Plan or under ES&PC notes. Permit IV.D.2.c pg 27 7 Provide the GPS location of the construction exit for the site. Give the Latitude and Longitude in decimal degrees. GPS location of the construction exit must be shown on cover sheet and may also be shown on ES&PC Plan sheets and ES&PC notes. It must match the NOI. Permit II.B.1.a pg 12 8 Initial date of the Plan and the dates of any revisions made to the Plan including the entity who requested the revisions. The initial Plan date should be shown on all pages. With each resubmittal, the revision date and entity requesting revisions should be shown on cover sheet and each sheet that has been revised. 9 Description of the nature of construction activity. Provide a description of the existing site and a description of the proposed project. These must be shown on ES&PC Plan or under ES&PC notes. Permit IV.D.2.a pg 27 10 Provide vicinity map showing site’s relation to surrounding areas. Include designation of specific phase, if necessary. Site location must be delineated showing surrounding area roads and highways. If the project is being done in phases, each individual phase must be delineated and labeled. This information is important for Plan Reviewers if a site visit is needed, or if the site needs to be located on another map. Permit IV.D.2.e pg 27 11 Identify the project receiving waters and describe all sensitive adjacent areas including streams, lakes, residential areas, wetlands, marshlands, etc. which may be affected. The name of the initial receiving water(s) or if unnamed, the first named blue line stream indicated on the appropriate USGS Topographic map, and when the discharge is through a municipal separate storm sewer system (MS4), the name of the local government operating the municipal separate storm sewer system and the name of the receiving water(s) which receives the discharge from the MS4, and the permittee's determination of whether the receiving water(s) TO BE SHOWN ON ES&PC PLAN supports warm water fisheries or is a trout stream. Describe any neighboring area which could be affected by the post-developed runoff from the site. Permit IV.D.2.f pg 27 12 Design professional's certification statement and signature that the site was visited prior to development of the ES&PC Plan as stated on Part IV page 19 of the permit. The following statement and the signature of the design professional must be shown on the ES&PC Plan or under ES&PC notes. "I certify under penalty of law that this Plan was prepared after a site visit to the locations described herein by myself or my authorized agent, under my supervision." 13 Design professional's certification statement and signature that the permittee’s ES&PC Plan provides for an appropriate and comprehensive system of BMPs and sampling to meet permit requirements as stated on Part IV page 19 of the permit.* The following statement and the signature of the design professional must be shown on the ES&PC Plan or under ES&PC notes. "I certify that the permittee's Erosion, Sedimentation and Pollution Control Plan provides for an appropriate and comprehensive system of Best Management Practices required by the Georgia Water Quality Control Act and the document "Manual for Erosion and Sediment Control in Georgia" (Manual) published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted, provides for the sampling of the receiving water(s) or the sampling of the storm water outfalls and that the designed system of Best Management Practices and sampling methods is expected to meet the requirements contained in the General NPDES Permit No. GAR 100001." 14 Clearly note the statement that "The design professional who prepared the ES&PC Plan is to inspect the installation of the initial sediment storage requirements and perimeter control BMPs within 7 days after installation." * The Plan must include a statement indicating that the primary permittee must retain the design professional who prepared the Plan, except when the primary permittee has requested in writing and EPD has agreed to an alternate design professional, to inspect the installation of the initial sediment storage requirements and perimeter control BMPs which the design professional designed within seven (7) days after installation. The design professional shall determine if these BMPs have been installed and are being maintained as designed. The design professional shall report the results of the inspection to the primary permittee within seven (7) days and the permittee must correct all deficiencies within two (2) business days of receipt of the inspection report from the design professional unless weather related site conditions are such that additional time is required. Permit IV.A.5 pg 25 15 Clearly note the statement that "Non-exempt activities shall not be conducted within the 25 or 50-foot undisturbed stream buffers as measured from the point of wrested vegetation or within 25-feet of the coastal marshland buffer as measured from the Jurisdictional Determination Line without first acquiring the necessary variances and permits." See Part IV.(i) - (iv) on pages 19-24 of the permit and show under ES&PC notes. 16 Provide a description of any buffer encroachments and indicate whether a buffer variance is required. When the project requires an approved buffer variance from the GA EPD, an indication shall be shown on the ES&PC Plan. A description of the encroachment activity must be shown on the ES&PC Plan or under ES&PC notes. 17 Clearly note the statement that "Amendments/revisions to the ES&PC Plan which have a significant effect on BMPs with a hydraulic component must be certified by the design professional."* See Part IV.C. on page 26 of the permit. This can be clarified in a narrative and shown under ES&PC notes. Revisions or amendments should be submitted to the Local Issuing Authority for review. 18 Clearly note the statement that "Waste materials shall not be discharged to waters of the State, except as authorized by a Section 404 permit."* The Plan must include a description of how waste materials, including waste building materials, construction and demolition debris, concrete washout, excavated sediment, etc., will be properly disposed of. Any disposal of solid waste to waters of the State is prohibited unless authorized by a Section 404 permit. Permit IV.D.3.c.(1) pg 30 19 Clearly note statement that "The escape of sediment from the site shall be prevented by the installation of erosion and sediment control measures and practices prior to land disturbing activities." Must be shown on ES&PC Plan or under ES&PC notes. 20 Clearly note statement that "Erosion control measures will be maintained at all times. If full implementation of the approved Plan does not provide for effective erosion control, additional erosion and sediment control measures shall be implemented to control or treat the sediment source." Must be shown on ES&PC Plan or under ES&PC notes. 21 Clearly note the statement "Any disturbed area left exposed for a period greater than 14 days shall be stabilized with mulch or temporary seeding." Must be shown on ES&PC Plan or under ES&PC notes. Permit IV.D.3.a.(1) pg 28 22 Any construction activity which discharges storm water into an Impaired Stream Segment, or within 1 linear mile upstream of and within the same watershed as, any portion of an Biota Impaired Stream Segment must comply with Part III.C. of the permit. Include the completed Appendix 1 listing all the BMPs that will be used for those areas of the site which discharge to the Impaired Stream Segment.* If any storm water associated with construction activities discharges into an Impaired Stream Segment that has been listed for the criteria violated, "Bio F" (Impaired Fish Community) and/or "Bio M" (Impaired Macroinvertebrate Community), within Category 4a, 4b or 5, and the potential cause is either "NP" (nonpoint source) or "UR" (urban runoff), the ES&PC Plan must include at least four (4) of the BMPs listed in Part III.C.2.a. - v. of the permit. The Impaired Stream Segment(s) should be delineated on the ES&PC Plan. Georgia's most current and subsequent "305(b)/303(d) List Documents (Approved)' can be viewed on the GAEPD website (www.gaepd.org/Documents/305b.html) Permit III.C.2.a. - v. pg 15-17 23 If a TMDL Implementation Plan for sediment has been finalized for the Impaired Stream Segment (identified in Item 22 above) at least six months prior to submittal of NOI, the ES&PC Plan must address any site-specific conditions or requirements included in the TMDL Implementation Plan.* List of TMDL Implementation Plans can be viewed on the GAEPD website, www.gaepd.org. The TMDL Implementation Plan for sediment should be delineated on the ES&PC Plan. Permit III.C.1 pg 15 24 BMPs for concrete washdown of tools, concrete mixer chutes, hoppers and the rear of the vehicles. Washout of the drum at the construction site is prohibited.* When the project allows the concrete washdown of tools, concrete mixer chutes, hoppers and rear of the vehicles on the project site delineate the location of the area provided for washing and provide detail of BMPs that will be used. If the project does not allow the concrete washdown on the project site, note that on the Plan. Permit IV.D.3.c.(6) pg 31 25 Provide BMPs for the remediation of all petroleum spills and leaks. The Plan must provide BMPs and guidance for the prevention of spills and leaks of petroleum products from any areas where such products are stored or used as well as guidance for the proper remediation of any spills and leaks that do occur. This information can be in the form of a separate Spill Prevention/Spill Response document so long as that information accompanies the Plan. Permit IV.D.3.c.(5) pg 31 26 Description of the measures that will be installed during the construction process to control pollutants in storm water that will occur after construction operations have been completed.* The Plan must contain a description of the measures that will be installed during the construction process to control pollutants in storm water that will occur after construction operations have been completed. These may include storm water detention and retention structures, use of vegetated swales and natural depressions for flow attenuation or a combination of these practices (sequential systems). The Plan must also include a technical explanation of the basis used to select these practices where flows will exceed pre-development levels. The Plan must indicate that velocity dissipation devices will be placed at discharge locations and along the length of any outflow channel in order to provide a non-erosive flow so that the natural physical and biological characteristics and functions of the water course are maintained and protected. The installation of these devices may be subject to Section 404 of the Federal Clean Water Act. Note: The permittee is only responsible for the installation and maintenance of storm water management devices prior to final stabilization of the site and not the operation and maintenance of such structures after construction activities have been completed. Permit IV.D.3.b pg 29 27 Description of practices to provide cover for building materials and building products on site.* The Plan must contain a description of measures, such as plastic sheeting or temporary roofs, to cover building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste, and other materials in order to minimize exposure to precipitation and to stormwater. Permit IV.D.3.c.(2) pg 30 28 Description of the practices that will be used to reduce the pollutants in storm water discharges.* The Plan must identify all potential sources of storm water pollution expected to be present on the site and provide a narrative explaining how the pollutants will be minimized in the storm water discharges. Permit IV pg 24 29 Description and chart or timeline of the intended sequence of major activities which disturb soils for the major portions of the site (i.e., initial perimeter and sediment storage BMPs, clearing and grubbing activities, excavation activities, utility activities, temporary and final stabilization). Activity schedule must be site specific. The narrative description and timeline for each phase of construction may be shown on ES&PC Plan sheet or under ES&PC notes. Permit IV.D.2.b pg 27 30 Provide complete requirements of Inspections and record keeping by the primary permittee.* The Plan must include all of the Inspections and record keeping requirements of the primary permittee as stated in Part IV.D.4.a. on pages 31-33 of the permit. The complete Inspection and record keeping requirements shall be shown on the Plan under ES&PS notes. 31 Provide complete requirements of Sampling Frequency and Reporting of sampling results.* See Part IV.D.6.d pages 35-37 Sampling Frequency and Part IV.E page 37 Reporting in the permit. Complete Sampling Frequency and Reporting requirements are to be shown on the Plan under ES&PC notes. 32 Provide complete details for Retention of Records as per Part IV.F. of the permit.* See Part IV.F page 38 Retention of Records in the permit. Complete details of Retention of Records are to be shown on the Plan under ES&PC notes. 33 Description of analytical methods to be used to collect and analyze the samples from each location.* This narrative must is to be shown on the Plan under ES&PC notes and shall include quality control/assurance procedures and precise sampling methodology for each sampling location. Permit IV.D.6.a. - c. pg 33-35 34 Appendix B rationale for NTU values at all outfall sampling points where applicable.* When the permittee has determined that some or all outfalls will be monitored, a rationale must be shown on the Plan under ES&PC notes which includes the NTU limit(s) selected from Appendix B. This rationale must include the size of the construction site, the calculation of the size of the surface water drainage area, and the type of receiving water(s) (i.e., trout stream or supporting warm water fisheries). Permit IV.D.6.a.(3) pg 33 35 Delineate all sampling locations, perennial and intermittent streams and other water bodies into which storm water is discharged.* The Plan shall include a USGS topographic map, a topographic map or a drawing (referred to as a topographic map) that is a scale equal to or more detailed than a 1:24000 map showing the locations of the site or the common development. The map must include (a) the location of all perennial and intermittent streams and other water bodies as shown on a USGS topographic map, and all other perennial and intermittent streams and other water bodies located during the mandatory field verification, into which the storm water is discharged and (b) the receiving water and/or outfall sampling locations. When the permittee has chosen to use a USGS topographic map and the receiving water(s) is not shown on the USGS topographic map, the location of the receiving water(s) must be hand-drawn on the USGS topographic map from where the storm water(s) enters the receiving water(s) to the point where the receiving water(s) combines with the first blue line stream shown on the USGS topographic map. Permit IV.D.6.a.(1) pg 33 36 A description of appropriate controls and measures that will be implemented at the construction site including: (1) initial sediment storage requirements and perimeter control BMPs, (2) intermediate grading and drainage BMPs, and (3) final BMPs. For construction sites where there will be no mass grading and the sediment storage requirements and initial perimeter control BMPs, intermediate grading and drainage BMPs, and final BMPs are the same, the Plan may combine all of the BMPs into a single phase.* The Plan must be shown in a minimum of three phases with each phase shown on a separate sheet. Initial phase of the Plan must include the required 67 cy per acre sediment storage, construction exit, tree-save fence if applicable and any other BMPs necessary to prevent sediment from leaving the site such as silt fence, inlet protection on existing storm drain structures, diversions, check dams, temporary ground cover, etc. Limits of disturbance for the initial phase are to be only the areas needed to install initial BMPs. The intermediate phase should show rough grading and utility construction. BMPs should include initial inlet protection, additional silt fence as needed, any revised sediment storage needed as drainage basins are altered, outlet protection, retrofit if applicable, matting with temporary or permanent vegetation as needed, temporary down drains, filter rings, etc. Final phase of Plan should show finished grade, curbing and paving if applicable, building construction if applicable, etc. BMPs should include permanent vegetation, appropriate inlet protection, etc. For construction sites where there will be no mass grading and the initial perimeter control BMPs, intermediate grading and drainage BMPs, and the final BMPs are the same, the Plan may combine all of the BMPs into a single phase Plan. The Plan will include appropriate staging and access requirements for construction equipment. Permit IV.D.3 pg 27 37 Graphic scale and North arrow. The graphic scale and North arrow must be clearly shown on all phases of the ES&PC Plan sheets. 38 Existing and proposed contour lines with contour lines drawn at an interval in accordance with the following: Map Scale Ground Slope Contour Intervals, ft. 1 inch = 100ft or Flat 0 - 2% 0.5 or 1 larger scale Rolling 2 - 8% 1 or 2 Steep 8% + 2,5 or 10 The initial, intermediate, and final phase sheets of the Plan must show the proposed grade in bold contour lines with the above intervals overlaying the original contour lines. Elevations of both the existing and proposed contour lines must be shown. 39 Use of alternative BMPs whose performance has been documented to be equivalent to or superior to conventional BMPs as certified by a Design Professional (unless disapproved by EPD or the Georgia Soil and Water Conservation Commission). Please refer to the Alternative BMP Guidance Document found at www.gaswcc.org. Please refer to the Alternative BMP Guidance Document found at www.gaswcc.georgia.gov Permit IV.D.3.a (4) pg 29 40 Use of alternative BMP for application to the Equivalent BMP List. Please refer to Appendix A-2 of the Manual for Erosion & Sediment Control in Georgia 2016 Edition.* Please refer to Appendix A-2 of the Manual for Erosion & Sediment Control in Georgia 2016 Edition. 41 Delineation of the applicable 25-foot or 50-foot undisturbed buffers adjacent to State waters and any additional buffers required by the Local Issuing Authority. Clearly note and delineate all areas of impact. The State Law of Georgia mandates these minimum undisturbed buffers, but the Local Issuing Authorities are allowed to require more stringent buffers of State waters. The minimum undisturbed buffers required by the State and all other buffers of State waters required by the issuing authority must be delineated. Any undisturbed buffer area that is impacted by the project site must be noted on the Plan. Permit IV.D.2.e pg 27 42 Delineation of on-site wetlands and all State waters located on and within 200 feet of the project site. ALL STATE WATERS LOCATED ON AND WITHIN 200 FEET OF THE PROJECT SITE MUST BE DELINEATED ON ALL PHASES OF THE PLAN. When a project is located in a jurisdiction with a certified Local Issuing Authority and the LIA must make a determination of State waters that are not delineated on the Plan, the Plan review could be delayed for beyond the full forty-five day review time allowed to the LIA, or the full thirty-five day review time allowed to the District if the District is reviewing the Plan. For all projects in a jurisdiction where there is no certified Local Issuing Authority regulating that project, EPD is responsible for State waters determinations and there are no time limits for reviewing the Plan. ALL WETLANDS LOCATED WITHIN THE PROJECT SITE ONLY MUST BE DELINEATED. If the Local Issuing Authority requires an undisturbed buffer of wetlands, delineate required buffer. 43 Delineation and acreage of contributing drainage basins on the project site. All existing drainage basins on the project site and their acreage must be delineated on the existing conditions and/or on the initial phase of the Plan. As the basins are altered or new ones created during intermediate and fnal phases, the new basins and their acreage must be delineated throughout each phase of the Plan. Permit IV.D.2.e pg 27 44 Provide hydrology study and maps of drainage basins for both the pre- and post-developed conditions.* Hydrology study and drainage maps should be separate from the Plan. Maps should include each individual basin draining to, through, and from, the project site, with each one delineated, labeled and showing its total acreage. 45 An estimate of the runoff coefficient or peak discharge flow of the site prior to and after construction activities are completed. The Plan must provide both pre- and post-construction estimates of the runoff coefficient or peak discharge flow for the site. This can be in the form of a hydrologic study so long as that study is made a part of the Plan and accompanies the Plan. A complete hydrologic study is not a required element of the Plan, only the pre and post-construction estimates of the run-off coefficient or peak discharge flow for the site. Permit IV.D.2.d pg 27 46 Storm-drain pipe and weir velocities with appropriate outlet protection to accommodate discharges without erosion. Identify/Delineate all storm water discharge points. The storm-drain pipe and weir velocities must show the flow characteristics of the pipe at full flow including pipe diameter, flow rate (cfs), velocity (fps), and tailwater conditions. This information should be shown in a chart on the storm-drain profile sheet, ES&PC intermediate phase sheet, or on the ES&PC detail sheet that shows outlet protection. The dimensions of the apron must include length (La), width at the headwall (W1), down-stream width (W2), average stone diameter (d50), and stone depth (D) designed in accordance with Figures 6-34.1 and 6-34.2 in the Manual. These should be shown in a chart on ES&PC intermediate and/or final phase sheet or ES&PC detail sheet with outlet protection. Velocity dissipation devices shall be placed at all discharge locations and along the length of any outfall channel for the purpose of providing a non-erosive velocity flow from the structure to a water course so that the natural physical and biological functions and characteristics are maintained and protected. 47 Soil series for the project site and their delineation. Soil series delineations are required for the Plan review and can be found on the NRCS web site. The highest level of soil survey required for the project site, such as a level three or level four survey for projects that will be using septic systems, must be delineated on the Plan. The soil series delineation should be shown on the existing site Plan or the initial phase Plan. A chart listing the soils located on the project should be shown on the sheet with their delineation. 48 The limits of disturbance for each phase of construction. The limits of disturbance for the initial phase should delineate only the area required to be disturbed for the installation of perimeter control and initial sediment storage. The intermediate phase should delineate the entire area to be disturbed for that phase, such as grading, drainage, utilities installed, etc. The final phase should delineate any additional areas to be disturbed such as individual lots, etc. 49 Provide a minimum of 67 cubic yards of sediment storage per acre drained using a temporary sediment basin, retrofitted detention pond, and/or excavated inlet sediment traps for each common drainage location. Sediment storage volume must be in place prior to and during all land disturbance activities until final stabilization of the site has been achieved. A written justification explaining the decision to use equivalent controls when a sediment basin is not attainable must be included in the Plan for each common drainage location in which a sediment basin is not provided. A written justification as to why 67 cubic yards of storage is not attainable must also be given. Worksheets from the Manual must be included for structural BMPs and all calculations used by the design professional to obtain the required sediment storage when using equivalent controls. When discharging from sediment basins and impoundments, permittees are required to utilize outlet structures that withdraw water from the surface, unless infeasible. If outlet structures that withdraw water from the surface are not feasible, a written justification explaining this decision must be included in the Plan. For each common drainage location, a temporary (or Permanent) sediment basin (Sd3, Sd4, Rt, or excavated Sd2) providing at least 67 cubic yards of storage per acre drained, or equivalent control measures, shall be provided until final stabilization of the site. The 67cubic yards of storage per acre does not apply to flows from off-site areas and flows from on-site areas that are either undisturbed or have undergone final stabilization where such flows are diverted around both the disturbed area and the sediment basin. Sediment basins may not be appropriate for some common drainage locations and a written justification explaining the decision not to use sediment basins must be included in the Plan. Worksheets from the Manual must be completed and shown on the Plan or attached to the Plan for each temporary sediment basin designed for the project. All cross sections and details required per the Manual for Sd3's must be shown on the ES&PC detail section of the Plan. Completed worksheets from the Manual must be shown on the Plan for each retrofit and excavated inlet sediment trap. When the design professional chooses to use equivalent controls the calculations used to obtain the required 67 cubic yards per acre drained must be included on the Plan. If outlet structures that withdraw water from the surface are not feasible, a written justification explaining this decision must be included in the Plan. Permit IV.D.3.a.(3) pg 28 50 Location of Best Management Practices that are consistent with, and no less stringent than, the Manual for Erosion and Sediment Control in Georgia. Use uniform coding symbols from the Manual, Chapter 6, with legend. BMPs for all phases of the Plan must be consistent with and no less stringent than the Manual and shown using uniform coding symbols from the Manual. The uniform coding symbols legend from the Manual must be included and may be shown on detail sheet or any of the ES&PC Plan sheets. 51 Provide detailed drawings for all structural practices. Specifications must, at a minimum, meet the guidelines set forth in the Manual for Erosion and Sediment Control in Georgia. The erosion and sediment control detail sheet must show a detailed drawing for each structural BMP shown on the Plan. All BMPs and details shown must, at a minimum, meet the guidelines given in the Manual. Note that a worksheet is provided in the Manual for most structural BMPs that must be included on the ES&PC Plan or detail sheet. 52 Provide vegetative plan, noting all temporary and permanent vegetative practices. Include species, planting dates and seeding, fertilizer, lime and mulching rates. Vegetative plan shall be site specific for appropriate time of year that seeding will take place and for the appropriate geographic region of Georgia. Must be shown on ES&PC Plan, on the ES&PC detail sheet or under ES&PC notes. *If using this checklist for a project that is less than 1 acre and not part of a common development but within 200 ft of a perennial stream the * checklist items would be N/A. Effective January 1, 2019 EROSION, SEDIMENTATION & POLLUTION CONTROL PLAN CHECKLIST EROSION, SEDIMENTATION & POLLUTION CONTROL PLAN CHECKLIST INFRASTRUCTURE CONSTRUCTION PROJECTS SWCD:_________________________________________________________ SWCD:_________________________________________________________ Project Name:______________________________________Address:____________________________________________ City/County:__________________________________Date on Plans:_______________________________________ Name & email of person filling out checklist:_____________________________________________________ Plan Included Page # Y/N 1 The applicable Erosion, Sedimentation and Pollution Control Plan Checklist established by the Commission as of January 1 of the year in which the land-disturbing activity was permitted. (The completed Checklist must be submitted with the ES&PC Plan or the Plan will not be reviewed) 2 Level II certification number issued by the Commission, signature and seal of the certified design professional. (Signature, seal and Level II number must be on each sheet pertaining to ES&PC Plan or the Plan will not be reviewed) 3 The name and phone number of the 24-hour local contact responsible for erosion, sedimentation and pollution controls. 4 Provide the name, address, email address, and phone number of primary permittee. 5 Note total and disturbed acreage of the project or phase under construction. 6 Provide the GPS locations of the beginning and end of the Infrastructure project. Give the Latitude and Longitude in decimal degrees. 7 Initial date of the Plan and the dates of any revisions made to the Plan including the entity who requested the revisions. 8 Description of the nature of construction activity. 9 Provide vicinity map showing site’s relation to surrounding areas. Include designation of specific phase, if necessary. 10 Identify the project receiving waters and describe all sensitive adjacent areas including streams, lakes, residential areas, wetlands, marshlands, etc. which may be affected. 11 Design professional's certification statement and signature that the site was visited prior to development of the ES&PC Plan as stated on Part IV page 21 of the permit. 12 Design professional's certification statement and signature that the permittee’s ES&PC Plan provides for an appropriate and comprehensive system of BMPs and sampling to meet permit requirements as stated on Part IV page 20 of the permit.* 13 Design professional certification statement and signature that the permittee's ES&PC Plan provides for representative sampling as stated on Part IV.D.6.c.(3) page 37 of the permit as applicable.* 14 Clearly note the statement that "The design professional who prepared the ES&PC Plan is to inspect the installation of the initial sediment storage requirements, perimeter control BMPs, and sediment basins within 7 days after installation." in accordance with Part IV.A.5 page 26 of the permit * 15 Clearly note the statement that "Non-exempt activities shall not be conducted within the 25 or 50-foot undisturbed stream buffers as measured from the point of wrested vegetation or within 25-feet of the coastal marshland buffer as measured from the Jurisdictional Determination Line without first acquiring the necessary variances and permits." 16 Provide a description of any buffer encroachments and indicate whether a buffer variance is required. 17 Clearly note the statement that "Amendments/revisions to the ES&PC Plan which have a significant effect on BMPs with a hydraulic component must be certified by the design professional."* 18 Clearly note the statement that "Waste materials shall not be discharged to waters of the State, except as authorized by a Section 404 permit."* TO BE SHOWN ON ES&PC PLAN 19 Clearly note statement that "The escape of sediment from the site shall be prevented by the installation of erosion and sediment control measures and practices prior to land disturbing activities." 20 Clearly note statement that "Erosion control measures will be maintained at all times. If full implementation of the approved Plan does not provide for effective erosion control, additional erosion and sediment control measures shall be implemented to control or treat the sediment source." 21 Clearly note the statement "Any disturbed area left exposed for a period greater than 14 days shall be stabilized with mulch or temporary seeding." 22 Any construction activity which discharges storm water into an Impaired Stream Segment, or within 1 linear mile upstream of and within the same watershed as, any portion of an Biota Impaired Stream Segment must comply with Part III. C. of the permit. Include the completed Appendix 1 listing all the BMPs that will be used for those areas of the site which discharge to the Impaired Stream Segment.* 23 If a TMDL Implementation Plan for sediment has been finalized for the Impaired Stream Segment (identified in item 22 above) at least six months prior to submittal of NOI, the ES&PC Plan must address any site-specific conditions or requirements included in the TMDL Implementation Plan.* 24 BMPs for concrete washdown of tools, concrete mixer chutes, hoppers and the rear of the vehicles. Washout of the drum at the construction site is prohibited.* 25 Provide BMPs for the remediation of all petroleum spills and leaks. 26 Description of the measures that will be installed during the construction process to control pollutants in storm water that will occur after construction operations have been completed.* 27 Description of practices to provide cover for building materials and building products on site.* 28 Description of the practices that will be used to reduce the pollutants in storm water discharges.* 29 Description and chart or timeline of the intended sequence of major activities which disturb soils for the major portions of the site (i.e., initial perimeter and sediment storage BMPs, clearing and grubbing activities, excavation activities, utility activities, temporary and final stabilization). 30 Provide complete requirements of inspections and record keeping by the primary permittee.* 31 Provide complete requirements of sampling frequency and reporting of sampling results.* 32 Provide complete details for retention of records as per Part IV.F. of the permit.* 33 Description of analytical methods to be used to collect and analyze the samples from each location.* 34 Appendix B rationale for NTU values at all outfall sampling points where applicable.* 35 Delineate all sampling locations, perennial and intermittent streams and other water bodies into which storm water is discharged also provide a summary chart of the justification and analysis for the representative sampling as applicable.* 36 A description of appropriate controls and measures that will be implemented at the construction site including: (1) initial sediment storage requirements and perimeter control BMPs, (2) intermediate grading and drainage BMPs, and (3) final BMPs. For construction sites where there will be no mass grading and the initial perimeter control BMPs, intermediate grading and drainage BMPs, and final BMPs are the same, the Plan may combine all of the BMPs into a single phase.* 37 Graphic scale and North arrow. 38 Existing and proposed contour lines with contour lines drawn at an interval in accordance with the following: Existing Contours USGS 1": 2000' Topographical Sheets Proposed Contours 1" : 400' Centerline Profile 39 Use of alternative BMPs whose performance has been documented to be equivalent to or superior to conventional BMPs as certified by a Design Professional (unless disapproved by EPD or the Georgia Soil and Water Conservation Commission). Please refer to the Alternative BMP Guidance Document found at www.gaswcc.org. 40 Use of alternative BMP for application to the Equivalent BMP List. Please refer to Appendix A-2 of the Manual for Erosion & Sediment Control in Georgia 2016 Edition.* 41 Delineation of the applicable 25-foot or 50-foot undisturbed buffers adjacent to State waters and any additional buffers required by the Local Issuing Authority. Clearly note and delineate all areas of impact. 42 Delineation of on-site wetlands and all State waters located on and within 200 feet of the project site. 43 Delineation and acreage of contributing drainage basins on the project site. 44 Delineate on-site drainage and off-site watersheds using USGS 1" :2000' topographical sheets. 45 An estimate of the runoff coefficient or peak discharge flow of the site prior to and after construction activities are completed. 46 Storm-drain pipe and weir velocities with appropriate outlet protection to accommodate discharges without erosion. Identify/Delineate all storm water discharge points. 47 Soil series for the project site and their delineation. 48 The limits of disturbance for each phase of construction. 49 Provide a minimum of 67 cubic yards of sediment storage per acre drained using a temporary sediment basin, retrofitted detention pond, and/or excavated inlet sediment traps for each common drainage location. Sediment storage volume must be in place prior to and during all land disturbance activities until final stabilization of the site has been achieved. A written justification explaining the decision to use equivalent controls when a sediment basin is not attainable must be included in the Plan for each common drainage location in which a sediment basin is not provided. A written justification as to why 67 cubic yards of storage is not attainable must also be given. Worksheets from the Manual must be included for structural BMPs and all calculations used by the design professional to obtain the required sediment storage when using equivalent controls. When discharging from sediment basins and impoundments, permittees are required to utilize outlet structures that withdraw water from the surface, unless infeasible. If outlet structures that withdraw water from the surface are not feasible, a written justification explaining this decision must be included in the Plan. 50 Location of Best Management Practices that are consistent with and no less stringent than the Manual for Erosion and Sediment Control in Georgia. Use uniform coding symbols from the Manual, Chapter 6, with legend. 51 Provide detailed drawings for all structural practices. Specifications must, at a minimum, meet the guidelines set forth in the Manual for Erosion and Sediment Control in Georgia. 52 Provide vegetative plan, noting all temporary and permanent vegetative practices. Include species, planting dates and seeding, fertilizer, lime and mulching rates. Vegetative plan shall be site specific for appropriate time of year that seeding will take place and for the appropriate geographic region of Georgia. *If using this checklist for a project that is less than 1 acre and not part of a common development but within 200 ft of a perennial stream the * checklist items would be N/A. Effective January 1, 2019 EROSION, SEDIMENTATION & POLLUTION CONTROL PLAN CHECKLIST EROSION, SEDIMENTATION & POLLUTION CONTROL PLAN CHECKLIST INFRASTRUCTURE GUIDANCE CONSTRUCTION PROJECTS INFRASTRUCTURE CONSTRUCTION PROJECTS SWCD:_________________________________________________________ SWCD:_________________________________________________________ Project Name:______________________________________Address:____________________________________________ City/County:__________________________________Date on Plans:_______________________________________ Name & email of person filling out checklist:_____________________________________________________ Plan Included Page # Y/N 1 The applicable Erosion, Sedimentation and Pollution Control Plan Checklist established by the Commission as of January 1 of the year in which the land-disturbing activity was permitted. (The completed Checklist must be submitted with the ES&PC Plan or the Plan will not be reviewed) Permit IV.D.1 pg 28 2 Level II certification number issued by the Commission, signature and seal of the certified design professional. (Signature, seal and Level II number must be on each sheet pertaining to ES&PC Plan or the Plan will not be reviewed) The Level II certification must be issued to the Design Professional whose signature and seal are on the Plan. 3 The name and phone number of the 24-hour local contact responsible for erosion, sedimentation and pollution controls. May be shown on ES&PC Plan sheets and/or ES&PC notes. Permit II.B.1.c pg 13 4 Provide the name, address, email address, and phone number of primary permittee. May be shown on cover sheet, ES&PC Plan or under ES&PC notes. Permit II.B.1.b pg 13 5 Note total and disturbed acreage of the project or phase under construction. Must be shown on ES&PC Plan or under ES&PC notes. Permit IV.D.2.c pg 28 6 Provide the GPS locations of the beginning and end of the Infrastructure project. Give the Latitude and Longitude in decimal degrees. GPS locations of the beginning and end of the infrastructure project must be shown on cover sheet and may also be shown on ES&PC Plan sheets and ES&PC notes. It must match the NOI. Permit II.B.1.a pg 13 7 Initial date of the Plan and the dates of any revisions made to the Plan including the entity who requested the revisions. The initial Plan date should be shown on all pages. With each resubmittal, the revision date, and the entity requesting revisions should be shown on cover sheet and each sheet that has been revised. 8 Description of the nature of construction activity. Provide a description of the existing site and a description of the proposed project. These must be shown on ES&PC Plan or under ES&PC notes. Permit IV.D.2.a pg 28 9 Provide vicinity map showing site’s relation to surrounding areas. Include designation of specific phase, if necessary. Site location must be delineated showing surrounding area roads and highways. If the project is being done in phases, each individual phase must be delineated and labeled. This information is important for Plan Reviewers if a site visit is needed, or if the site needs to be located on another map. Permit IV.D.2.e pg 28 10 Identify the project receiving waters and describe all sensitive adjacent areas including streams, lakes, residential areas, wetlands, marshlands, etc. which may be affected. The name of the initial receiving water(s) or if unnamed the first named blue line stream indicated on the appropriate USGS Topographic map, and when the discharge is through a municipal separate storm sewer system (MS4), the name of the local government operating the municipal separate storm sewer system and the name of the receiving water(s) which receives the discharge from the MS4, and the permittee's determination of whether the receiving water(s) supports warm water fisheries or is a trout stream. Describe any neighboring area which could be affected by the Permit IV.D.2.f pg 28 11 Design professional's certification statement and signature that the site was visited prior to development of the ES&PC Plan as stated on Part IV page 21 of the permit. The following statement and the signature of the design professional must be shown on the ES&PC Plan or under ES&PC notes. "I certify under penalty of law that this Plan was prepared after a site visit to the locations described herein by myself or my authorized agent, under my supervision." 12 Design professional's certification statement and signature that the permittee’s ES&PC Plan provides for an appropriate TO BE SHOWN ON ES&PC PLAN and comprehensive system of BMPs and sampling to meet permit requirements as stated on Part IV page 20 of the permit.* The following statement and the signature of the design professional must be shown on the ES&PC Plan or under ES&PC notes. "I certify that the permittee's Erosion, Sedimentation and Pollution Control Plan provides for an appropriate and comprehensive system of Best Management Practices required by the Georgia Water Quality Control Act and the document "Manual for Erosion and Sediment Control in Georgia" (Manual) published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted, provides for the sampling of the receiving water(s) or the sampling of the storm water outfalls and that the designed system of Best Management Practices and sampling methods is expected to meet the requirements contained in the General NPDES Permit No. GAR 100002." 13 Design professional certification statement and signature that the permittee's ES&PC Plan provides for representative sampling as stated on Part IV.D.6.c.(3) page 37 of the permit as applicable.* The following statement and the signature of the design professional must be shown on the ES&PC Plan or under ES&PC notes. “I certify that the permittee’s Erosion, Sedimentation and Pollution Control Plan provides for the monitoring of: (a) all perennial and intermittent streams and other water bodies shown on the USGS topographic map and all other field verified perennial and intermittent steams and other water bodies, or (b) where any such specific identified perennial or intermittent stream and other water body is not proposed to be sampled, I have determined in my professional judgment, utilizing the factors required in the General NPDES Permit No. GAR 100002, that the increase in the turbidity of each specific identified sampled receiving water will be representative of the increase in the turbidity of a specific identified un-sampled receiving water.” 14 Clearly note the statement that "The design professional who prepared the ES&PC Plan is to inspect the installation of the initial sediment storage requirements, perimeter control BMPs, and sediment basins within 7 days after installation." * The Plan must include a statement indicating that the primary permittee must retain the design professional who prepared the Plan, or an alternative professional approved by EPD in writing, to inspect the installation of the initial sediment storage requirements and perimeter control BMPs within (7) days after installation. Alternatively, for linear infrastructure projects, the primary permittee must retain the design professional who prepared the Plan, or alternative design professional approved by EPD in writing to inspect (a) the installation of sediment storage requirements and perimeter control BMPs for the "initial segment" of the linear infrastructure project and (b) all sediment basins within the entire linear infrastructure project within (7) days after the installation. For the purposes of the specific requirements in Part IV.A.5., the disturbed acreage of the "initial segment" of a linear infrastructure project must be equal to or greater than 10% of the total estimated disturbed acreage for the linear infrastructure project but not less than one(1) acre. The design professional shall determine if these BMPs have been installed and are being maintained as designed. The design professional shall report the results of the inspection to the primary permittee within (7) days and the permittee must correct all deficiencies within (2) business days of receipt of the inspection report from the design professional unless weather related site conditions are such that additional time is required. Part IV.A.5 pg 26 15 Clearly note the statement that "Non-exempt activities shall not be conducted within the 25 or 50-foot undisturbed stream buffers as measured from the point of wrested vegetation or within 25-feet of the coastal marshland buffer as measured from the Jurisdictional Determination Line without first acquiring the necessary variances and permits." See Part IV.(i) - (iv) on pages 21-25 of the permit and show under ES&PC notes. 16 Provide a description of any buffer encroachments and indicate whether a buffer variance is required. When the project requires an approved buffer variance from the GA EPD, an indication shall be shown on the ES&PC Plan. A description of the encroachment activity must be shown on the ES&PC Plan or under ES&PC notes. 17 Clearly note the statement that "Amendments/revisions to the ES&PC Plan which have a significant effect on BMPs with a hydraulic component must be certified by the design professional."* See Part IV.C. on page 27 of the permit. This can be clarified in a narrative and shown under ES&PC notes. Revisions or amendments should be submitted to the Local Issuing Authority for review. 18 Clearly note the statement that "Waste materials shall not be discharged to waters of the State, except as authorized by a Section 404 permit."* The Plan must include a description of how waste materials, including waste building materials, construction and demolition debris, concrete washout, excavated sediment, etc., will be properly disposed of. Any disposal of solid waste to waters of the State is prohibited unless authorized by a Section 404 permit. Permit IV.D.3.c.(1) pg 31 19 Clearly note statement that "The escape of sediment from the site shall be prevented by the installation of erosion and sediment control measures and practices prior to land disturbing activities." Must be shown on ES&PC Plan or under ES&PC notes. 20 Clearly note statement that "Erosion control measures will be maintained at all times. If full implementation of the approved Plan does not provide for effective erosion control, additional erosion and sediment control measures shall be implemented to control or treat the sediment source." Must be shown on ES&PC Plan or under ES&PC notes. 21 Clearly note the statement "Any disturbed area left exposed for a period greater than 14 days shall be stabilized with mulch or temporary seeding." Must be shown on ES&PC Plan or under ES&PC notes. Permit IV.D.3.a.(1) pg 29 22 Any construction activity which discharges storm water into an Impaired Stream Segment, or within 1 linear mile upstream of and within the same watershed as, any portion of an Biota Impaired Stream Segment must comply with Part III.C. of the permit. Include the completed Appendix 1 listing all the BMPs that will be used for those areas of the site which discharge to the Impaired Stream Segment.* If any storm water associated with construction activities discharges into an Impaired Stream Segment that has been listed for the criteria violated, "Bio F" (Impaired Fish Community) and/or "Bio M" (Impaired Macroinvertebrate Community), within Category 4a, 4b or 5, and the potential cause is either "NP" (nonpoint source) or "UR" (urban runoff), the ES&PC Plan must include at least four (4) of the BMPs listed in Part III.C.2.a. - v. of the permit. The Impaired Stream Segment(s) should be delineated on the ES&PC Plan. Georgia's most current and subsequent "305(b)/303(d) List Documents (Approved)' can be viewed on the GAEPD website (www.gaepd.org/Documents/305b.html) Permit III.C.2.a. - v. pg 17-19 23 If a TMDL Implementation Plan for sediment has been finalized for the Impaired Stream Segment (identified in Item 22 above) at least six months prior to submittal of NOI, the ES&PC Plan must address any site-specific conditions or requirements included in the TMDL Implementation Plan.* List of TMDL Implementation Plans can be viewed on the GAEPD website, www.gaepd.org. The TMDL Implementation Plan for sediment should be delineated on the ES&PC Plan. Permit III.C.1 pg 16 24 BMPs for concrete washdown of tools, concrete mixer chutes, hoppers and the rear of the vehicles. Washout of the drum at the construction site is prohibited.* When the project allows the concrete washdown of tools, concrete mixer chutes, hoppers and rear of the vehicles on the project site, delineate the location of the area provided for washing and provide detail of BMPs that will be used. If the project does not allow the concrete washdown on the project site, note that on the Plan. Permit IV.D.3.c.(6) pg 32 25 Provide BMPs for the remediation of all petroleum spills and leaks. The Plan must provide BMPs and guidance for the prevention of spills and leaks of petroleum products from any areas where such products are stored or used as well as guidance for the proper remediation of any spills and leaks that do occur. This information can be in the form of a separate Spill Prevention/Spill Response document so long as that information accompanies the Plan. Permit IV.D.3.c.(5) pg 32 26 Description of the measures that will be installed during the construction process to control pollutants in storm water that will occur after construction operations have been completed.* The Plan must contain a description of the measures that will be installed during the construction process to control pollutants in storm water that will occur after construction operations have been completed. These may include storm water detention and retention structures, use of vegetated swales and natural depressions for flow attenuation or a combination of these practices (sequential systems). The Plan must also include a technical explanation of the basis used to select these practices where flows will exceed pre-development levels. The Plan must indicate that velocity dissipation devices will be placed at discharge locations and along the length of any outflow channel in order to provide a non-erosive flow so that the natural physical and biological characteristics and functions of the water course are maintained and protected. The installation of these devices may be subject to Section 404 of the Federal Clean Water Act. Note: The permittee is only responsible for the installation and maintenance of storm water management devices prior to final stabilization of the site and not the operation and maintenance of such structures after construction activities have been completed. Permit IV.D.3.b pg 30 27 Description of practices to provide cover for building materials and building products on site.* The Plan must contain a description of measures, such as plastic sheeting or temporary roofs, to cover building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste, and other materials in order to minimize exposure to precipitation and to stormwater. Permit IV.D.3.c.(2) pg 31 28 Description of the practices that will be used to reduce the pollutants in storm water discharges.* The Plan must identify all potential sources of storm water pollution expected to be present on the site and provide a narrative explaining how the pollutants will be minimized in the storm water discharges. Permit IV pg 25 29 Description and chart or timeline of the intended sequence of major activities which disturb soils for the major portions of the site (i.e., initial perimeter and sediment storage BMPs, clearing and grubbing activities, excavation activities, utility activities, temporary and final stabilization). Activity schedule must be site specific. The narrative description and timeline for each phase of construction may be shown on ES&PC Plan sheet or under ES&PC notes. Permit IV.D.2.b pg 28 30 Provide complete requirements of Inspections and record keeping by the primary permittee.* The Plan must include all of the Inspections and record keeping requirements of the primary permittee as stated in Part IV.D.4.a on pages 32-34 of the permit. The complete Inspection and record keeping requirements shall be shown on the Plan under ES&PS notes. 31 Provide complete requirements of Sampling Frequency and Reporting of sampling results.* See Part IV.D.6.d pages 38-39 Sampling Frequency and Part IV.E page 40 Reporting in the permit. Complete Sampling Frequency and Reporting requirements are to be shown on the Plan under ES&PC notes. 32 Provide complete details for Retention of Records as per Part IV.F. of the permit.* See Part IV.F pages 40-41 Retention of Records in the permit. Complete details of Retention of Records are to be shown on the Plan under ES&PC notes. 33 Description of analytical methods to be used to collect and analyze the samples from each location.* This narrative must be shown on the Plan under ES&PC notes and shall include quality control/assurance procedures and precise sampling methodology for each sampling location. Permit IV.D.6.a. - c. pg 34-38 34 Appendix B rationale for NTU values at all outfall sampling points where applicable.* When the permittee has determined that some or all outfalls will be monitored, a rationale must be shown on the Plan under ES&PC notes which includes the NTU limit(s) selected from Appendix B. This rationale must include the size of the construction site, the calculation of the size of the surface water drainage area, and the type of receiving water(s) (i.e., trout stream or supporting warm water fisheries). Permit IV.D.6.a.(3) pg 34 35 Delineate all sampling locations, perennial and intermittent streams and other water bodies into which storm water is discharged.* The Plan shall include a USGS topographic map, a topographic map or a drawing (referred to as a topographic map) that is a scale equal to or more detailed than a 1:24000 map showing the locations of the site or the common development. The map must include (a) the location of all perennial and intermittent streams and other water bodies as shown on a USGS topographic map, and all other perennial and intermittent streams and other water bodies located during the mandatory field verification, into which the storm water is discharged and (b) the receiving water and/or outfall sampling locations. When the permittee has chosen to use a USGS topographic map and the receiving water(s) is not shown on the USGS topographic map, the location of the receiving water(s) must be hand-drawn on the USGS topographic map from where the storm water(s) enters the receiving water(s) to the point where the receiving water(s) combines with the first blue line stream shown on the USGS topographic map. Permit IV.D.6.a.(1) pg 34 36 A description of appropriate controls and measures that will be implemented at the construction site including: (1) initial sediment storage requirements and perimeter control BMPs, (2) intermediate grading and drainage BMPs, and (3) final BMPs. For construction sites where there will be no mass grading and the initial sediment storage requirements and perimeter control BMPs, intermediate grading and drainage BMPs, and final BMPs are the same, the Plan may combine all of the BMPs into a single phase.* The Plan must be shown in a minimum of three phases with each phase shown on a separate sheet. Initial phase of the Plan must include the required 67 cy per acre sediment storage, construction exit, tree-save fence if applicable and any other BMPs necessary to prevent sediment from leaving the site such as silt fence, inlet protection on existing storm drain structures, diversions, check dams, temporary ground cover, etc. Limits of disturbance for the initial phase are to be only the areas needed to install initial BMPs. The intermediate phase should show rough grading and utility construction. BMPs should include initial inlet protection, additional silt fence as needed, any revised sediment storage needed as drainage basins are altered, outlet protection, retrofit if applicable, matting with temporary or permanent vegetation as needed, temporary down drains, filter rings, etc. Final phase of Plan should show finished grade, curbing and paving if applicable, building construction if applicable, etc. BMPs should include permanent vegetation, appropriate inlet protection, etc. For construction sites where there will be no mass grading and the initial perimeter control BMPs, intermediate grading and drainage BMPs, and the final BMPs are the same, the Plan may combine all of the BMPs into a single phase Plan. The Plan will include appropriate staging and access requirements for construction equipment. Permit IV.D.3 pg 28 37 Graphic scale and North arrow. The graphic scale and North arrow must be clearly shown on all phases of the ES&PC Plan sheets. 38 Existing and proposed contour lines with contour lines drawn at an interval in accordance with the following: Existing Contours USGS 1": 2000' Topographical Sheets Proposed Contours 1" : 400' Centerline Profile The initial, intermediate, and final phase sheets of the Plan must show the proposed grade in bold contour lines with the above intervals overlaying the original contour lines. Elevations of both the existing and proposed contour lines must be shown. 39 Use of alternative BMPs whose performance has been documented to be equivalent to or superior to conventional BMPs as certified by a Design Professional (unless disapproved by EPD or the Georgia Soil and Water Conservation Commission). Please refer to the Alternative BMP Guidance Document found at www.gaswcc.org. Please refer to the Alternative BMP Guidance Document found at www.gaswcc.georgia.gov Permit IV.D.3.a.(4) pg 49 40 Use of alternative BMP for application to the Equivalent BMP List. Please refer to Appendix A-2 of the Manual for Erosion & Sediment Control in Georgia 2016 Edition.* Please refer to Appendix A-2 of the Manual for Erosion & Sediment Control in Georgia 2016 Edition. 41 Delineation of the applicable 25-foot or 50-foot undisturbed buffers adjacent to State waters and any additional buffers required by the Local Issuing Authority. Clearly note and delineate all areas of impact. The State Law of Georgia mandates these minimum undisturbed buffers, but the Local Issuing Authorities are allowed to require more stringent buffers of State waters. The minimum undisturbed buffers required by the State and all other buffers of State waters required by the issuing authority must be delineated. Any undisturbed buffer area that is impacted by the project site must be noted on the Plan. Permit IV.D.2.e pg 28 42 Delineation of on-site wetlands and all State waters located on and within 200 feet of the project site. ALL STATE WATERS LOCATED ON AND WITHIN 200 FEET OF THE PROJECT SITE MUST BE DELINEATED ON ALL PHASES OF THE PLAN. When a project is located in a jurisdiction with a certified Local Issuing Authority and the LIA must make a determination of State waters that are not delineated on the Plan, the Plan review could be delayed for beyond the full forty-five day review time allowed to the LIA, or the full thirty-five day review time allowed to the District if the District is reviewing the Plan. For all projects in a jurisdiction where there is no certified Local Issuing Authority regulating that project, EPD is responsible for State waters determinations and there is no time limits for reviewing the Plan. ALL WETLANDS LOCATED WITHIN THE PROJECT SITE ONLY MUST BE DELINEATED. If the Local Issuing Authority requires an undisturbed buffer of wetlands, delineate required buffer. 43 Delineation and acreage of contributing drainage basins on the project site. All existing drainage basins on the project site and their acreage must be delineated on the existing conditions and/or on the initial phase of the Plan. As the basins are altered or new ones created during intermediate and final phases, the new basins and their acreage must be delineated throughout each phase of the Plan. Permit IV.D.2.e pg 28 44 Delineate on-site drainage and off-site watersheds using USGS 1" :2000' topographical sheets. Hydrology study and drainage maps should be separate from the Plan. Maps should include each individual basin draining to, through and from the project site, with each one delineated, labeled and showing its total acreage. 45 An estimate of the runoff coefficient or peak discharge flow of the site prior to and after construction activities are completed. The Plan must provide both pre- and post-construction estimates of the runoff coefficient or peak discharge flow for the site. This can be in the form of a hydrologic study so long as that study is made a part of the Plan and accompanies the Plan. A complete hydrologic study is not a required element of the Plan, only the pre and post-construction estimates of the run-off coefficient or peak discharge flow for the site. Permit IV.D.2.d pg 28 46 Storm-drain pipe and weir velocities with appropriate outlet protection to accommodate discharges without erosion. Identify/Delineate all storm water discharge points. The storm-drain pipe and weir velocities must show the flow characteristics of the pipe at full flow, including pipe diameter, flow rate (cfs), velocity (fps), and tailwater conditions. This information should be shown in a chart shown on storm-drain profile sheet, ES&PC intermediate phase sheet or on the ES&PC detail sheet that shows outlet protection. The dimensions of the apron must include length (La), width at the headwall (W1), down-stream width (W2), average stone diameter (d50), and stone depth (D) designed in accordance with Figures 6-34.1 and 6-34.2 in the Manual. These should be shown in a chart on ES&PC intermediate and/or final phase sheet or ES&PC detail sheet with outlet protection. Velocity dissipation devices shall be placed at all discharge locations and along the length of any outfall channel for the purpose of providing a non-erosive velocity flow from the structure to a water course so that the natural physical and biological functions and characteristics are maintained and protected. 47 Soil series for the project site and their delineation. Soil series delineations are required for the Plan review and can be found on the NRCS web site. The highest level of soil survey required for the project site, such as a level three or level four survey for projects that will be using septic systems, must be delineated on the Plan. The soil series delineation should be shown on the existing site Plan or the initial phase Plan. A chart listing the soils located on the project should be shown on the sheet with their delineation. 48 The limits of disturbance for each phase of construction. The limits of disturbance for the initial phase should delineate only the area required to be disturbed for the installation of perimeter control and initial sediment storage. The intermediate phase should delineate the entire area to be disturbed for that phase, such as grading, drainage, utilities installed, etc. The final phase should delineate any additional areas to be disturbed such as individual lots, etc. 49 Provide a minimum of 67 cubic yards of sediment storage per acre drained using a temporary sediment basin, retrofitted detention pond, and/or excavated inlet sediment traps for each common drainage location. Sediment storage volume must be in place prior to and during all land disturbance activities until final stabilization of the site has been achieved. A written justification explaining the decision to use equivalent controls when a sediment basin is not attainable must be included in the Plan for each common drainage location in which a sediment basin is not provided. A written justification as to why 67 cubic yards of storage is not attainable must also be given. Worksheets from the Manual must be included for structural BMPs and all calculations used by the design professional to obtain the required sediment storage when using equivalent controls. When discharging from sediment basins and impoundments, permittees are required to utilize outlet structures that withdraw water from the surface, unless infeasible. If outlet structures that withdraw water from the surface are not feasible, a written justification explaining this decision must be included in the Plan. For each common drainage location, a temporary (or permanent) sediment basin (Sd3, Sd4, Rt, or excavated Sd2) providing at least 67 cubic yards of storage per acre drained, or equivalent control measures, shall be provided until final stabilization of the site. The 67cubic yards of storage per acre does not apply to flows from off-site areas and flows from on-site areas that are either undisturbed or have undergone final stabilization where such flows are diverted around both the disturbed area and the sediment basin. Sediment basins may not be appropriate for some common drainage locations and a written justification explaining the decision not to use sediment basins must be included in the Plan. Worksheets from the Manual must be completed and shown on the Plan or attached to the Plan for each temporary sediment basin designed for the project. All cross sections and details required per the Manual for Sd3's must be shown on the ES&PC detail section of the Plan. Completed worksheets from the Manual must be shown on the Plan for each retrofit and excavated inlet sediment trap. When the design professional chooses to use equivalent controls the calculations used to obtain the required 67 cubic yards per acre drained must be included on the Plan. If outlet structures that withdraw water from the surface are not feasible, a written justification explaining this decision must be included in the Plan. Permit IV.D.3.a.(3) pg 29 50 Location of Best Management Practices that are consistent with and no less stringent than the Manual for Erosion and Sediment Control in Georgia. Use uniform coding symbols from the Manual, Chapter 6, with legend. BMPs for all phases of the Plan must be consistent with and no less stringent than the Manual and shown using uniform coding symbols from the Manual. The uniform coding symbols legend from the Manual must be included and may be shown on detail sheet or any of the ES&PC Plan sheets. 51 Provide detailed drawings for all structural practices. Specifications must, at a minimum, meet the guidelines set forth in the Manual for Erosion and Sediment Control in Georgia. The erosion and sediment control detail sheet must show a detailed drawing for each structural BMP shown on the Plan. All BMPs and details shown must, at a minimum, meet the guidelines given in the Manual. Note that a worksheet is provided in the Manual for most structural BMPs that must be included on the ES&PC Plan or detail sheet. 52 Provide vegetative plan, noting all temporary and permanent vegetative practices. Include species, planting dates and seeding, fertilizer, lime and mulching rates. Vegetative plan shall be site specific for appropriate time of year that seeding will take place and for the appropriate geographic region of Georgia. Must be shown on ES&PC Plan, on the ES&PC detail sheet or under ES&PC notes. *If using this checklist for a project that is less than 1 acre and not part of a common development but within 200 ft of a perennial stream the * checklist items would be N/A. Effective January 1, 2019 EROSION, SEDIMENTATION & POLLUTION CONTROL PLAN CHECKLIST EROSION, SEDIMENTATION & POLLUTION CONTROL PLAN CHECKLIST Common Development CONSTRUCTION PROJECTS COMMON DEVELOPMENT CONSTRUCTION PROJECTS (Primary and Tertiary Permittees) SWCD:_________________________________________________________ SWCD:_________________________________________________________ Project Name:______________________________________Address:_________________________________________ City/County:__________________________________Date on Plans:____________________________________ Name & email of person filling out checklist:_________________________________________________ Plan Included Page # Y/N 1 The applicable Erosion, Sedimentation and Pollution Control Plan Checklist established by the Commission as of January 1 of the year in which the land-disturbing activity was permitted. (The completed Checklist must be submitted with the ES&PC Plan or the Plan will not be reviewed) 2 Level II certification number issued by the Commission, signature and seal of the certified design professional. (Signature, seal and Level II number must be on each sheet pertaining to ES&PC Plan or the Plan will not be reviewed) 3 Limit of disturbance shall be no greater than 50 acres at any one time without prior written authorization from the EPD District Office. If EPD approves the request to disturb 50 acres or more at any one time, the Plan must include at least 4 of the BMPs listed in Appendix 1 of this checklist.* (A copy of the written approval by EPD must be attached to the Plan for the Plan to be reviewed.) 4 The name and phone number of the 24-hour local contact responsible for erosion, sedimentation and pollution controls. 5 Provide the name, address, email address, and phone number of the primary permittee or tertiary permittee. 6 Note total and disturbed acreage of the project or phase under construction. 7 Provide the GPS location of the construction exit for the site. Give the Latitude and Longitude in decimal degrees. 8 Initial date of the Plan and the dates of any revisions made to the Plan including the entity who requested the revisions. 9 Description of the nature of construction activity. 10 Provide vicinity map showing site’s relation to surrounding areas. Include designation of specific phase, if necessary. 11 Identify the project receiving waters and describe all sensitive adjacent areas including streams, lakes, residential areas, wetlands, marshlands, etc. which may be affected. 12 Design professional's certification statement and signature that the site was visited prior to development of the ES&PC Plan as stated on Part IV page 23 of the permit. 13 Design professional's certification statement and signature that the permittee’s ES&PC Plan provides for an appropriate and comprehensive system of BMPs and sampling to meet permit requirements as stated on Part IV pg 22 of the permit. 14 Clearly note the statement that "The design professional who prepared the ES&PC Plan is to inspect the installation of the initial sediment storage requirements and perimeter control BMPs within 7 days after installation." in accordance with Part IV.A.5 page 27 of the permit * 15 Clearly note the statement that "Non-exempt activities shall not be conducted within the 25 or 50-foot undisturbed stream buffers as measured from the point of wrested vegetation or within 25-feet of the coastal marshland buffer as measured from the Jurisdictional Determination Line without first acquiring the necessary variances and permits." 16 Provide a description of any buffer encroachments and indicate whether a buffer variance is required. TO BE SHOWN ON ES&PC PLAN 17 Clearly note the statement that "Amendments/revisions to the ES&PC Plan which have a significant effect on BMPs with a hydraulic component must be certified by the design professional. 18 Clearly note the statement that "Waste materials shall not be discharged to waters of the State, except as authorized by a Section 404 permit." 19 Clearly note statement that "The escape of sediment from the site shall be prevented by the installation of erosion and sediment control measures and practices prior to land disturbing activities." 20 Clearly note statement that "Erosion control measures will be maintained at all times. If full implementation of the approved Plan does not provide for effective erosion control, additional erosion and sediment control measures shall be implemented to control or treat the sediment source." 21 Clearly note the statement "Any disturbed area left exposed for a period greater than 14 days shall be stabilized with mulch or temporary seeding." 22 Indication that the applicable portion of the primary permittees ES&PC Plan is to be provided to each secondary permittee prior to the secondary conducting any construction activity and that each secondary shall sign the Plan or portion of the Plan applicable to their site. List the names and addresses of all secondary permittees.* 23 Any construction activity which discharges storm water into an Impaired Stream Segment, or within 1 linear mile upstream of and within the same watershed as any portion of an Biota Impaired Stream Segment, must comply with Part III. C. of the permit. Include the completed Appendix 1 listing all the BMPs that will be used for those areas of the site which discharge to the Impaired Stream Segment.* 24 If a TMDL Implementation Plan for sediment has been finalized for the Impaired Stream Segment (identified in Item 23 above) at least six months prior to submittal of NOI, the ES&PC Plan must address any site-specific conditions or requirements included in the TMDL Implementation Plan.* 25 BMPs for concrete washdown of tools, concrete mixer chutes, hoppers and the rear of the vehicles. Washout of the drum at the construction site is prohibited. 26 Provide BMPs for the remediation of all petroleum spills and leaks. 27 Description of practices to provide cover for building materials and building products on site.* 28 Description of the measures that will be installed during the construction process to control pollutants in storm water that will occur after construction operations have been completed. 29 Description of the practices that will be used to reduce the pollutants in storm water discharges. 30 Description and chart or timeline of the intended sequence of major activities which disturb soils for the major portions of the site (i.e., initial perimeter and sediment storage BMPs, clearing and grubbing activities, excavation activities, utility activities, temporary and final stabilization). 31 Provide complete requirements of inspections and record keeping by the primary permittee or tertiary permittee. 32 Provide complete requirements of sampling frequency and reporting of sampling results.* 33 Provide complete details for retention of records as per Part IV.F. of the permit. 34 Description of analytical methods to be used to collect and analyze the samples from each location.* 35 Appendix B rationale for NTU values at all outfall sampling points where applicable.* 36 Delineate all sampling locations if applicable, perennial and intermittent streams and other water bodies into which storm water is discharged. * 37 A description of appropriate controls and measures that will be implemented at the construction site including: (1) initial sediment storage requirements and perimeter control BMPs, (2) intermediate grading and drainage BMPs, and (3) final BMPs. For construction sites where there will be no mass grading and the initial perimeter control BMPs, intermediate grading and drainage BMPs, and final BMPs are the same, the Plan may combine all of the BMPs into a single phase. 38 Plan addresses BMPs for all phases of common development including individual building lots and out-parcels, etc. regardless of who owns or operates the individual sites. Include a typical and any situational lots applicable. 39 Graphic scale and North arrow. 40 Existing and proposed contour lines with contour lines drawn at an interval in accordance with the following: Map Scale Ground Slope Contour Intervals, ft. 1 inch = 100ft or Flat 0 - 2% 0.5 or 1 larger scale Rolling 2 - 8% 1 or 2 Steep 8% + 2,5 or 10 41 Use of alternative BMPs whose performance has been documented to be equivalent to or superior to conventional BMPs as certified by a Design Professional (unless disapproved by EPD or the Georgia Soil and Water Conservation Commission). Please refer to the Alternative BMP Guidance Document found at www.gaswcc.org. 42 Use of alternative BMP for application to the Equivalent BMP List. Please refer to Appendix A-2 of the Manual for Erosion & Sediment Control in Georgia 2016 Edition. 43 Delineation of the applicable 25-foot or 50-foot undisturbed buffers adjacent to State waters and any additional buffers required by the Local Issuing Authority. Clearly note and delineate all areas of impact. 44 Delineation of on-site wetlands and all State waters located on and within 200 feet of the project site. 45 Delineation and acreage of contributing drainage basins on the project site. 46 Provide hydrology study and maps of drainage basins for both the pre- and post-developed conditions.* 47 An estimate of the runoff coefficient or peak discharge flow of the site prior to and after construction activities are completed. * 48 Storm-drain pipe and weir velocities with appropriate outlet protection to accommodate discharges without erosion. Identify/Delineate all storm water discharge points. 49 Soil series for the project site and their delineation. 50 The limits of disturbance for each phase of construction. 51 Provide a minimum of 67 cubic yards of sediment storage per acre drained using a temporary sediment basin, retrofitted detention pond, and/or excavated inlet sediment traps for each common drainage location. Sediment storage volume must be in place prior to and during all land disturbance activities until final stabilization of the site has been achieved. A written justification explaining the decision to use equivalent controls when a sediment basin is not attainable must be included in the Plan for each common drainage location in which a sediment basin is not provided. A written justification as to why 67 cubic yards of storage is not attainable must also be given. Worksheets from the Manual must be included for structural BMPs and all calculations used by the design professional to obtain the required sediment storage when using equivalent controls. When discharging from sediment basins and impoundments, permittees are required to utilize outlet structures that withdraw water from the surface, unless infeasible. If outlet structures that withdraw water from the surface are not feasible, a written justification explaining this decision must be included in the Plan. 52 Location of Best Management Practices that are consistent with, and no less stringent than, the Manual for Erosion and Sediment Control in Georgia. Use uniform coding symbols from the Manual, Chapter 6, with legend. 53 Provide detailed drawings for all structural practices. Specifications must, at a minimum, meet the guidelines set forth in the Manual for Erosion and Sediment Control in Georgia. 54 Provide vegetative plan, noting all temporary and permanent vegetative practices. Include species, planting dates and seeding, fertilizer, lime and mulching rates. Vegetative plan shall be site specific for appropriate time of year that seeding will take place and for the appropriate geographic region of Georgia. *This requirement of the Common Development permit is not applicable to Tertiary Permittees with a Plan(s) for a typical individual lot(s), if the total land disturbance within the construction site is less than five (5) acres and the total land disturbance within each individual lot is less than one (1) acre. If applicable, the * checklist item would be N/A. Effective January 1, 2019 EROSION, SEDIMENTATION & POLLUTION CONTROL PLAN CHECKLIST EROSION, SEDIMENTATION & POLLUTION CONTROL PLAN CHECKLIST COMMON DEVELOPMENT CONSTRUCTION PROJECTS (Primary and Tertiary Permittees) SWCD:_________________________________________________________ SWCD:_________________________________________________________ Project Name:______________________________________Address:____________________________________________ City/County:__________________________________Date on Plans:_______________________________________ Name & email of person filling out checklist:_____________________________________________________ Plan Included Page # Y/N 1 The applicable Erosion, Sedimentation and Pollution Control Plan Checklist established by the Commission as of January 1 of the year in which the land-disturbing activity was permitted. (The completed Checklist must be submitted with the ES&PC Plan or the Plan will not be reviewed) Permit IV.D.1 pg 29 2 Level II certification number issued by the Commission, signature and seal of the certified design professional. (Signature, seal and Level II number must be on each sheet pertaining to ES&PC Plan or the Plan will not be reviewed) The Level II certification must be issued to the Design Professional whose signature and seal are on the Plan. 3 Limit of disturbance shall be no greater than 50 acres at any one time without prior written authorization from the EPD District Office. If EPD approves the request to disturb 50 acres or more at any one time, the Plan must include at least 4 of the BMPs listed in Appendix 1 of this checklist.* (A copy of the written approval by EPD must be attached to the Plan for the Plan to be reviewed.) Permit IV.D.3 pg 30 4 The name and phone number of the 24-hour local contact responsible for erosion, sedimentation and pollution controls. May be shown on ES&PC Plan sheets and/or ES&PC notes. Permit II.B.1.c pg 12, II.B.2.e pg 14, II.B.3.d pg 15 5 Provide the name, address, email address, and phone number of the primary permittee or tertiary permittee. May be shown on cover sheet, ES&PC Plan or under ES&PC notes. Permit II.B.1.b pg 12, II.B.2.c pg 14, II.B.3.b pg 15 6 Note total and disturbed acreage of the project or phase under construction. Must be shown on ES&PC Plan or under ES&PC notes. Permit IV.D.2.c pg 30 7 Provide the GPS location of the construction exit for the site. Give the Latitude and Longitude in decimal degrees. GPS location of the construction exit must be shown on cover sheet and may also be shown on ES&PC Plan sheets and ES&PC notes. It must match the NOI. Permit II.B.1.a pg 12, II.B.3.a pg 15 8 Initial date of the Plan and the dates of any revisions made to the Plan including the entity who requested the revisions. The initial Plan date should be shown on all pages. With each resubmittal the revision date and entity requesting revisions should be shown on cover sheet and each sheet that has been revised. 9 Description of the nature of construction activity. Provide a description of the existing site and a description of the proposed project. These must be shown on ES&PC Plan or under ES&PC notes. Permit IV.D.2.a pg 29 10 Provide vicinity map showing site’s relation to surrounding areas. Include designation of specific phase, if necessary. Site location must be delineated showing surrounding area roads and highways. If the project is being done in phases, each individual phase must be delineated and labeled. This information is important for Plan reviewers if a site visit is needed, or if the site needs to be located on another map. Permit IV.D.2.e pg 30 11 Identify the project receiving waters and describe all sensitive adjacent areas including streams, lakes, residential areas, wetlands, marshlands, etc. which may be affected. The name of the initial receiving water(s) or if unnamed the first named blue line stream indicated on the appropriate USGS Topographic map, and when the discharge is through a municipal separate storm sewer system (MS4), the name of the local government operating the municipal separate storm sewer system and the name of the receiving water(s) which receives the discharge from the MS4, and the permittee's determination of whether the receiving water(s) supports warm water fisheries or is a trout stream. Describe any neighboring area which could be affected by the post-developed runoff from the site. Permit IV.D.2.f pg 30 12 Design professional's certification statement and signature that the site was visited prior to development of the ES&PC Plan as stated on Part IV page 23 of the permit. TO BE SHOWN ON ES&PC PLAN The following statement and the signature of the design professional must be shown on the ES&PC Plan or under ES&PC notes. "I certify under penalty of law that this Plan was prepared after a site visit to the locations described herein by myself or my authorized agent, under my supervision." 13 Design professional's certification statement and signature that the permittee’s ES&PC Plan provides for an appropriate and comprehensive system of BMPs and sampling to meet permit requirements as stated on Part IV page 22 of the permit. The following statement and the signature of the design professional must be shown on the ES&PC Plan or under ES&PC notes. "I certify that the permittee's Erosion, Sedimentation and Pollution Control Plan provides for an appropriate and comprehensive system of Best Management Practices required by the Georgia Water Quality Control Act and the document "Manual for Erosion and Sediment Control in Georgia" (Manual) published by the State Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted, provides for the sampling of the receiving water(s) or the sampling of the storm water outfalls and that the designed system of best management practices and sampling methods is expected to meet the requirements contained in the General NPDES Permit No. GAR 100003." 14 Clearly note the statement that "The design professional who prepared the ES&PC Plan is to inspect the installation of the initial sediment storage requirements and perimeter control BMPs within 7 days after installation." * The Plan must include a statement indicating that the primary permittee must retain the design professional who prepared the Plan, except when the primary permittee has requested in writing and EPD has agreed to an alternate design professional, to inspect the installation of the initial sediment storage requirements and perimeter control BMPs which the design professional designed within seven (7) days after installation. The design professional shall determine if these BMPs have been installed and are being maintained as designed. The design professional shall report the results of the inspection to the primary permittee within seven (7) days and the permittee must correct all deficiencies within two (2) business days of receipt of the inspection report from the design professional unless weather related site conditions are such that additional time is required. Permit IV.A.5 pg 27 15 Clearly note the statement that "Non-exempt activities shall not be conducted within the 25 or 50-foot undisturbed stream buffers as measured from the point of wrested vegetation or within 25-feet of the coastal marshland buffer as measured from the Jurisdictional Determination Line without first acquiring the necessary variances and permits." See Part IV.(i) - (iv) on pages 23-26 of the permit and show under ES&PC notes. 16 Provide a description of any buffer encroachments and indicate whether a buffer variance is required. When the project requires an approved buffer variance from the GA EPD, an indication shall be shown on the ES&PC Plan. A description of the encroachment activity must be shown on the ES&PC Plan or under ES&PC notes. 17 Clearly note the statement that "Amendments/revisions to the ES&PC Plan which have a significant effect on BMPs with a hydraulic component must be certified by the design professional." See Part IV.C on page 29 of the permit. This can be clarified in a narrative and shown under ES&PC notes. Revisions or amendments should be submitted to the Local Issuing Authority for review. 18 Clearly note the statement that "Waste materials shall not be discharged to waters of the State, except as authorized by a Section 404 permit." The Plan must include a description of how waste materials, including waste building materials, construction and demolition debris, concrete washout, excavated sediment, etc., will be properly disposed of. Any disposal of solid waste to waters of the State is prohibited unless authorized by a Section 404 permit. Permit IV.D.3.c.(1) pg 33 19 Clearly note statement that "The escape of sediment from the site shall be prevented by the installation of erosion and sediment control measures and practices prior to land disturbing activities." Must be shown on ES&PC Plan or under ES&PC notes. 20 Clearly note statement that "Erosion control measures will be maintained at all times. If full implementation of the approved Plan does not provide for effective erosion control, additional erosion and sediment control measures shall be implemented to control or treat the sediment source." Must be shown on ES&PC Plan or under ES&PC notes. 21 Clearly note the statement "Any disturbed area left exposed for a period greater than 14 days shall be stabilized with mulch or temporary seeding." Must be shown on ES&PC Plan or under ES&PC notes. Permit IV.D.3.a.(1) pg 31 22 Indication that the applicable portion of the primary permittees ES&PC Plan is to be provided to each secondary permittee prior to the secondary conducting any construction activity and that each secondary shall sign the Plan or portion of the Plan applicable to their site. List the names and addresses of all secondary permittees.* The Plan must contain a list of and contact information for all secondary permittees and a statement that the primary permittee shall provide a copy of the Plan (and any subsequent revisions to the Plan) to each secondary permittee. The Plan must include a section for each secondary to sign indicating that they have made a written acknowledgement of receipt of the Plan and a copy of the acknowledgement must be kept in the primary’s records. Permit IV.D.2.g pg 30 23 Any construction activity which discharges storm water into an Impaired Stream Segment, or within 1 linear mile upstream of and within the same watershed as, any portion of an Biota Impaired Stream Segment must comply with Part III.C of the permit. Include the completed Appendix 1 listing all the BMPs that will be used for those areas of the site which discharge to the Impaired Stream Segment.* If any storm water associated with construction activities discharges into an Impaired Stream Segment that has been listed for the criteria violated, "Bio F" (Impaired Fish Community) and/or "Bio M" (Impaired Macroinvertebrate Community), within Category 4a, 4b or 5, and the potential cause is either "NP" (nonpoint source) or "UR" (urban runoff), the ES&PC Plan must include at least four (4) of the BMPs listed in Part III.C.2.a. - v. of the permit. The Impaired Stream Segment(s) should be delineated on the ES&PC Plan. Georgia's most current and subsequent "305(b)/303(d) List Documents (Approved)' can be veiwed on the GAEPD website (www.gaepd.org/Documents/305b.html) Part III.C.2.a. - v. pg 19-21 24 If a TMDL Implementation Plan for sediment has been finalized for the Impaired Stream Segment (identified in Item 23 above) at least six months prior to submittal of NOI, the ES&PC Plan must address any site-specific conditions or requirements included in the TMDL Implementation Plan.* List of TMDL Implementation Plans can be viewed on the GAEPD website, www.gaepd.org. The TMDL Implementation Plan for sediment should be delineated on the ES&PC Plan. Permit III.C.1 pg 19 25 BMPs for concrete washdown of tools, concrete mixer chutes, hoppers and the rear of the vehicles. Washout of the drum at the construction site is prohibited. When the project allows the concrete washdown of tools, concrete mixer chutes, hoppers and rear of the vehicles on the project site delineate the location of the area provided for washing and provide detail of BMPs that will be used. If the project does not allow the concrete washdown on the project site, note that on the Plan. Permit IV.D.3.c.(6) pg 34 26 Provide BMPs for the remediation of all petroleum spills and leaks. The Plan must provide BMPs and guidance for the prevention of spills and leaks of petroleum products from any areas where such products are stored or used as well as guidance for the proper remediation of any spills and leaks that do occur. This information can be in the form of a separate Spill Prevention/Spill Response document so long as that information accompanies the Plan. Permit IV.D.3.c.(5) pg 34 27 Description of practices to provide cover for building materials and building products on site.* The Plan must contain a description of measures, such as plastic sheeting or temporary roofs, to cover building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste, and other materials in order to minimize exposure to precipitation and to stormwater. Permit IV.D.3.c.(2) pg 33 28 Description of the measures that will be installed during the construction process to control pollutants in storm water that will occur after construction operations have been completed. The Plan must contain a description of the measures that will be installed during the construction process to control pollutants in storm water that will occur after construction operations have been completed. These may include storm water detention and retention structures, use of vegetated swales and natural depressions for flow attenuation or a combination of these practices (sequential systems). The Plan must also include a technical explanation of the basis used to select these practices where flows will exceed pre-development levels. The Plan must indicate that velocity dissipation devices will be placed at discharge locations and along the length of any outflow channel in order to provide a non-erosive flow so that the natural physical and biological characteristics and functions of the water course are maintained and protected. The installation of these devices may be subject to Section 404 of the Federal Clean Water Act. Note: The permittee is only responsible for the installation and maintenance of storm water management devices prior to final stabilization of the site and not the operation and maintenance of such structures after construction activities have been completed. Permit IV.D.3.b pg 32 29 Description of the practices that will be used to reduce the pollutants in storm water discharges. The Plan must identify all potential sources of storm water pollution expected to be present on the site and provide a narrative explaining how the pollutants will be minimized in the storm water discharges. Permit IV pg 26 30 Description and chart or timeline of the intended sequence of major activities which disturb soils for the major portions of the site (i.e., initial perimeter and sediment storage BMPs, clearing and grubbing activities, excavation activities, utility activities, temporary and final stabilization). Activity schedule must be site specific. The narrative description and timeline for each phase of construction may be shown on ES&PC Plan sheet or under ES&PC notes. Permit IV.D.2.b pg 30 31 Provide complete requirements of Inspections and record keeping by the primary permittee or tertiary permittee. The Plan must include all of the Inspections and record keeping requirements of the primary permittee or tertiary permittee as stated in Part IV.D.4.a. - c. on pages 34-40 of the permit. The complete Inspection and record keeping requirements shall be shown on the Plan under ES&PS notes. 32 Provide complete requirements of Sampling Frequency and Reporting of sampling results.* See Part IV.D.6.d pages 43-44 Sampling Frequency and Part IV.E pages 44-45 Reporting in the permit. Complete Sampling Frequency and Reporting requirements are to be shown on the Plan under ES&PC notes. 33 Provide complete details for Retention of Records as per Part IV.F. of the permit. See Part IV.F page 45 Retention of Records in the permit. Complete details of Retention of Records are to be shown on the Plan under ES&PC notes. 34 Description of analytical methods to be used to collect and analyze the samples from each location.* This narrative must is to be shown on the Plan under ES&PC notes and shall include quality control/assurance procedures and precise sampling methodology for each sampling location. Permit IV.D.6.a. - c. pg 40-42 35 Appendix B rationale for NTU values at all outfall sampling points where applicable.* When the permittee has determined that some or all outfalls will be monitored, a rationale must be shown on the Plan under ES&PC notes which includes the NTU limit(s) selected from Appendix B. This rationale must include the size of the construction site, the calculation of the size of the surface water drainage area, and the type of receiving water(s) (i.e., trout stream or supporting warm water fisheries). Permit IV.D.6.a.(3) pg 40 36 Delineate all sampling locations if applicable, perennial and intermittent streams and other water bodies into which storm water is discharged. * The Plan shall include a USGS topographic map, a topographic map or a drawing (referred to as a topographic map) that is a scale equal to or more detailed than a 1:24000 map showing the locations of the site or the common development. The map must include (a) the location of all perennial and intermittent streams and other water bodies as shown on a USGS topographic map, and all other perennial and intermittent streams and other water bodies located during the mandatory field verification, into which the storm water is discharged and (b) the receiving water and/or outfall sampling locations. When the permittee has chosen to use a USGS topographic map and the receiving water(s) is not shown on the USGS topographic map, the location of the receiving water(s) must be hand-drawn on the USGS topographic map from where the storm water(s) enters the receiving water(s) to the point where the receiving water(s) combines with the first blue line stream shown on the USGS topographic map. Permit IV.D.6.a.(1) pg 40 37 A description of appropriate controls and measures that will be implemented at the construction site including: (1) initial sediment storage requirements and perimeter control BMPs, (2) intermediate grading and drainage BMPs, and (3) final BMPs. For construction sites where there will be no mass grading and the initial perimeter control BMPs, intermediate grading and drainage BMPs, and final BMPs are the same, the Plan may combine all of the BMPs into a single phase. The Plan must be shown in a minimum of three phases with each phase shown on a separate sheet. Initial phase of the Plan must include the required 67 cy per acre sediment storage, construction exit, tree-save fence if applicable and any other BMPs necessary to prevent sediment from leaving the site such as silt fence, inlet protection on existing storm drain structures, diversions, check dams, temporary ground cover, etc. Limits of disturbance for the initial phase are to be only the areas needed to install initial BMPs. The intermediate phase should show rough grading and utility construction. BMPs should include initial inlet protection, additional silt fence as needed, any revised sediment storage needed as drainage basins are altered, outlet protection, retrofit if applicable, matting with temporary or permanent vegetation as needed, temporary down drains, filter rings, etc. Final phase of Plan should show finished grade, curbing and paving if applicable, building construction if applicable, etc. BMPs should include permanent vegetation, appropriate inlet protection, etc. For construction sites where there will be no mass grading and the initial perimeter control BMPs, intermediate grading and drainage BMPs, and the final BMPs are the same, the Plan may combine all of the BMPs into a single phase Plan. The Plan will include appropriate staging and access requirements for construction equipment. Permit IV.D.3 pg 30 38 Plan addresses BMPs for all phases of common development including individual building lots and out-parcels, etc regardless of who owns or operates the individual sites. Include a typical and any situational lots applicable. The Erosion, Sedimentation & Pollution Control plans for a common development is designed for the life of the project and must include practices to be implemented by all secondary permittees involved, whether the primary permittee relinquishes ownership of the land rights or not. This includes providing an ES&PC Plan for typical and situational lots for each secondary permittee (builder) who purchases a lot from the primary permittee (developer). Situational lots may include, but are not limited to, lots adjacent to State waters buffers (in which a double row of Type S sediment barriers must be shown adjacent to wetlands, lots with an extreme grade, etc. 39 Graphic scale and North arrow. The graphic scale and North arrow must be clearly shown on all phases of the ES&PC Plan sheets. 40 Existing and proposed contour lines with contour lines drawn at an interval in accordance with the following: Map Scale Ground Slope Contour Intervals, ft. 1 inch = 100ft or Flat 0 - 2% 0.5 or 1 larger scale Rolling 2 - 8% 1 or 2 Steep 8% + 2,5 or 10 The initial, intermediate and final phase sheets of the Plan must show the proposed grade in bold contour lines with the above intervals overlaying the original contour lines. Elevations of both the existing and proposed contour lines must be shown. 41 Use of alternative BMPs whose performance has been documented to be equivalent to or superior to conventional BMPs as certified by a Design Professional (unless disapproved by EPD or the Georgia Soil and Water Conservation Commission). Please refer to the Alternative BMP Guidance Document found at www.gaswcc.org. Please refer to the Alternative BMP Guidance Document found at www.gaswcc.georgia.gov Permit IV.D.3.a.(4) pg 32 42 Use of alternative BMP for application to the Equivalent BMP List. Please refer to Appendix A-2 of the Manual for Erosion & Sediment Control in Georgia 2016 Edition. Please refer to Appendix A-2 of the Manual for Erosion & Sediment Control in Georgia 2016 Edition. 43 Delineation of the applicable 25-foot or 50-foot undisturbed buffers adjacent to State waters and any additional buffers required by the Local Issuing Authority. Clearly note and delineate all areas of impact. The State Law of Georgia mandates these minimum undisturbed buffers, but the Local Issuing Authorities are allowed to require more stringent buffers of State waters. The minimum undisturbed buffers required by the State and all other buffers of State waters required by the issuing authority must be delineated. Any undisturbed buffer area that is impacted by the project site must be noted on the Plan. Permit IV.D.2.e pg 30 44 Delineation of on-site wetlands and all State waters located on and within 200 feet of the project site. ALL STATE WATERS LOCATED ON AND WITHIN 200 FEET OF THE PROJECT SITE MUST BE DELINEATED ON ALL PHASES OF THE PLAN. When a project is located in a jurisdiction with a certified Local Issuing Authority and the LIA must make a determination of State waters that are not delineated on the Plan, the Plan review could be delayed for beyond the full forty-five day review time allowed to the LIA, or the full thirty-five day review time allowed to the District if th e District is reviewing the Plan. For all projects in a jurisdiction where there is no certified Local Issuing Authority regulating that project, EPD is responsible for State waters determinations and there is no time limits for reviewing the Plan. ALL WETLANDS LOCATED WITHIN THE PROJECT SITE ONLY MUST BE DELINEATED. If the Local Issuing Authority requires an undisturbed buffer of wetlands, delineate required buffer. 45 Delineation and acreage of contributing drainage basins on the project site. All existing drainage basins on the project site and their acreage must be delineated on the existing conditions and/or on the initial phase of the Plan. As the basins are altered or new ones created during intermediate and final phases, the new basins and their acreage must be delineated throughout each phase of the Plan. Permit IV.D.2.e pg 30 46 Provide hydrology study and maps of drainage basins for both the pre- and post-developed conditions.* Hydrology study and drainage maps should be separate from the Plan. Maps should include each individual basin draining to, through and from the project site, with each one delineated, labeled and showing its total acreage. 47 An estimate of the runoff coefficient or peak discharge flow of the site prior to and after construction activities are completed. * The Plan must provide both pre- and post-construction estimates of the runoff coefficient or peak discharge flow for the site. This can be in the form of a hydrologic study so long as that study is made a part of the Plan and accompanies the Plan. A complete hydrologic study is not a required element of the Plan, only the pre and post-construction estimates of the run-off coefficient or peak discharge flow for the site. Permit IV.D.2.d pg 30 48 Storm-drain pipe and weir velocities with appropriate outlet protection to accommodate discharges without erosion. Identify/Delineate all storm water discharge points. The storm-drain pipe and weir velocities must show the flow characteristics of the pipe at full flow including pipe diameter, flow rate (cfs), velocity (fps), and tailwater conditions. This information should be shown in a chart shown on storm-drain profile sheet, ES&PC intermediate phase sheet or on the ES&PC detail sheet that shows outlet protection. The dimensions of the apron must include length (La), width at the headwall (W1), down-stream width (W2), average stone diameter (d50), and stone depth (D) designed in accordance with Figures 6-34.1 and 6-34.2 in the Manual. These should be shown in a chart on ES&PC intermediate and/or final phase sheet or ES&PC detail sheet with outlet protection. Velocity dissipation devices shall be placed at all discharge locations and along the length of any outfall channel for the purpose of providing a non-erosive velocity flow from the structure to a water course so that the natural physical and biological functions and characteristics are maintained and protected. 49 Soil series for the project site and their delineation. Soil series delineations are required for the Plan review and can be found on the NRCS web site. The highest level of soil survey required for the project site, such as a level three or level four survey for projects that will be using septic systems, must be delineated on the Plan. The soil series delineation should be shown on the existing site Plan or the initial phase Plan. A chart listing the soils located on the project should be shown on the sheet with their delineation. 50 The limits of disturbance for each phase of construction. The limits of disturbance for the initial phase should delineate only the area required to be disturbed for the installation of perimeter control and initial sediment storage. The intermediate phase should delineate the entire area to be disturbed for that phase, such as grading, drainage, utilities installed, etc. The final phase should delineate any additional areas to be disturbed such as individual lots, etc. 51 Provide a minimum of 67 cubic yards of sediment storage per acre drained using a temporary sediment basin, retrofitted detention pond, and/or excavated inlet sediment traps for each common drainage location. Sediment storage volume must be in place prior to and during all land disturbance activities until final stabilization of the site has been achieved. A written justification explaining the decision to use equivalent controls when a sediment basin is not attainable must be included in the Plan for each common drainage location in which a sediment basin is not provided. A written justification as to why 67 cubic yards of storage is not attainable must also be given. Worksheets from the Manual must be included for structural BMPs and all calculations used by the design professional to obtain the required sediment storage when using equivalent controls. When discharging from sediment basins and impoundments, permittees are required to utilize outlet structures that withdraw water from the surface, unless infeasible. If outlet structures that withdraw water from the surface are not feasible, a written justification explaining this decision must be included in the Plan. For each common drainage location, a temporary (or Permanent) sediment basin (Sd3, Sd4, Rt, or excavated Sd2) providing at least 67 cubic yards of storage per acre drained, or equivalent control measures, shall be provided until final stabilization of the site. The 67cubic yards of storage per acre does not apply to flows from off-site areas and flows from on-site areas that are either undisturbed or have undergone final stabilization where such flows are diverted around both the disturbed area and the sediment basin. Sediment basins may not be appropriate for some common drainage locations and a written justification explaining the decision not to use sediment basins must be included in the Plan. Worksheets from the Manual must be completed and shown on the Plan or attached to the Plan for each temporary sediment basin designed for the project. All cross sections and details required per the Manual for Sd3's must be shown on the ES&PC detail section of the Plan. Completed worksheets from the Manual must be shown on the Plan for each retrofit and excavated inlet sediment trap. When the design professional chooses to use equivalent controls the calculations used to obtain the required 67 cubic yards per acre drained must be included on the Plan. If outlet structures that withdraw water from the surface are not feasible, a written justification explaining this decision must be included in the Plan. Permit IV.D.3.a.(3) pg 31 52 Location of Best Management Practices that are consistent with and no less stringent than the Manual for Erosion and Sediment Control in Georgia. Use uniform coding symbols from the Manual, Chapter 6, with legend. BMPs for all phases of the Plan must be consistent with and no less stringent than the Manual and shown using uniform coding symbols from the Manual. The uniform coding symbols legend from the Manual must be included and may be shown on detail sheet or any of the ES&PC Plan sheets. 53 Provide detailed drawings for all structural practices. Specifications must, at a minimum, meet the guidelines set forth in the Manual for Erosion and Sediment Control in Georgia. The erosion and sediment control detail sheet must show a detailed drawing for each structural BMP shown on the Plan. All BMPs and details shown must, at a minimum, meet the guidelines given in the Manual. Note that a worksheet is provided in the Manual for most structural BMPs that must be included on the ES&PC Plan or detail sheet. 54 Provide vegetative plan, noting all temporary and permanent vegetative practices. Include species, planting dates and seeding, fertilizer, lime and mulching rates. Vegetative plan shall be site specific for appropriate time of year that seeding will take place and for the appropriate geographic region of Georgia. Must be shown on ES&PC Plan, on the ES&PC detail sheet or under ES&PC notes. *This requirement of the Common Development permit is not applicable to Tertiary Permittees with a Plan(s) for a typical individual lot(s), if the total land disturbance within the construction site is less than five (5) acres and the total land disturbance within each individual lot is less than one (1) acre. If applicable, the * checklist item would be N/A. Effective January 1, 2019 This file includes all three checklists with perspective guidance documents, as well as Appendix 1. To access the desired checklist and guidance document, go to the bottom of this page and click on the appropriate tab. Use the arrows on the botttom left hand corner of this page to advance the tabs for the 2019 checklists. Summary of changes to checklist items: Provide name and email of the person filling out the checklist References to material found in NPDES permits have been added in the Guidance pages Checklist Item GAR100001 #5 Provide the email address of the primary permittee #13 #22 #22 #27 #30 #31 GAR100002 #4 #12 #22 New wording in permit to be included on Plan (Reporting); refer to Section IV.E on page 37 Guidance page: "State Soil and Water Conservation Commission" has been changed to "Georgia Soil and Water Conservation Commission". BMPs for discharge into Impaired Streams have changed; refer to Section III.C.2.a.- v. Guidance page: "305(b)/303(d) List Documents (Final)" has been changed to "305(b)/303(d) List Documents (Approved)" New item added to checklist: "Description of practices to provide cover for building materials and building products on site." New wording in permit to be included on Plan (Inspections and record keeping); refer to Section IV.D.4.a. on pages 31-33 Provide the email address of the primary permittee Guidance page: "State Soil and Water Conservation Commission" has been changed to "Georgia Soil and Water Conservation Commission". BMPs for discharge into Impaired Streams have changed; refer to Section III.C.2.a.- v. #22 #27 #30 #31 GAR100003 #5 #13 #23 #23 #27 #31 #32 Appendix 1 d. e. i. m. new n. / old o. new u. new v. New item added to checklist: "Description of practices to provide cover for building materials and building products on site." Guidance page: "305(b)/303(d) List Documents (Final)" has been changed to "305(b)/303(d) List Documents (Approved)" New item added to checklist: "Description of practices to provide cover for building materials and building products on site." New wording in permit to be included on Plan (Inspections and record keeping); refer to Section IV.D.4.a. on pages 32-34 New wording in permit to be included on Plan (Reporting); refer to Section IV.E on page 40 Provide the email address of the primary permittee Guidance page: "State Soil and Water Conservation Commission" has been changed to "Georgia Soil and Water Conservation Commission". BMPs for discharge into Impaired Streams have changed; refer to Section III.C.2.a.- v. Guidance page: "305(b)/303(d) List Documents (Final)" has been changed to "305(b)/303(d) List Documents (Approved)" Revised New New New wording in permit to be included on Plan (Inspections and record keeping); refer to Section IV.D.4.a. - c. on pages 34-40 New wording in permit to be included on Plan (Reporting); refer to Section IV.E on pages 44-45 Revised Revised Revised Removed (which caused lettering sequence to change) The four items chosen must be appropriate for the site conditions. Plan Included Page #Y/N a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. Increase all temporary sediment basins and retrofitted storm water management basins to provide sediment storage of at least 3600 cubic feet (134 cubic yards) per acre drained. Use baffles in all temporary sediment basins and retrofitted storm water management basins to at least double the conventional flow path length to the outlet structure. A large sign (minimum 4 feet x 8 feet) must be posted on site by the actual start date of construction. The sign must be visible from a public roadway. The sign must identify the following: (1) construction site, (2) the permittee(s), (3) the contact person(s) and telephone number(s), and (4) the permittee-hosted website where the Plan can be viewed must be provided on the submitted NOI. The sign must remain on site and the Plan must be available on the provided website until a NOT has been submitted. APPENDIX 1 THE ES&PC PLAN MUST INCLUDE AT LEAST FOUR (4) OF THE FOLLOWING BMPS FOR THOSE AREAS OF THE SITE WHICH DISCHARGE TO A IMPAIRED STREAM SEGMENT AND FOR SITES WHICH EPD HAS APPROVED IN WRITING A REQUEST TO DISTURB 5O ACRES OR MORE AT ANY ONE TIME. During construction activities, double the width of the 25 foot undisturbed vegetated buffer along all State waters requiring a buffer and the 50 foot undisturbed vegetated buffer along all State waters classified as "trout streams" requiring a buffer. During construction activities, EPD will not grant variances to any such buffers that are increased in width. Use flocculants or coagulants and/or mulch to stabilize areas left disturbed for more than seven (7) calendar days in accordance with Section III. D.1. of the NPDES Permit. Conduct turbidity sampling after every rain event of 0.5 inch or greater within any 24 hour period, recognizing the exceptions specified in Section IV.D.6.d. of the NPDES Permits. Comply with the applicable end-of-pipe turbidity effluent limit, without the "BMP defense" as provided for in O.C.G.A. 12-7-6 (a)(1). Reduce the total planned site disturbance to less than 50% impervious surfaces (excluding any State-mandated buffer areas from such calculations). All calculations must be included on the Plan. Limit the amount of disturbed area at any one time to no greater than 25 acres or 50% of the total planned site, whichever is less. All calculations must be included on the Plan. Use “Dirt II” techniques available on the EPD website to model and manage construction storm water runoff (including sheet flow). All calculations must be included on the Plan. (https://epd.georgia.gov/erosion-and-sedimentation) Add appropriate organic soil amendments (e.g., compost) and conduct pre- and post-construction soil sampling to a depth of six (6) inches to document improved levels of soil carbon after final stabilization of the construction site. Use mulch filter berms, in addition to a silt fence, on the site perimeter wherever construction storm water (including sheet flow) may be discharged. Mulch filter berms cannot be placed in waterways or areas of concentrated flow. Use appropriate erosion control slope stabilization instead of concrete in all construction storm water ditches and storm drainages designed for a 25 year, 24 hour rainfall event. Use flocculants or coagulants under a passive dosing method (e.g., flocculant blocks) within construction storm water ditches and storm drainages that feed into temporary sediment basins and retrofitted management basins. Install sod for a minimum 20 foot width (in lieu of seeding) after final grade has been achieved, along the site perimeter wherever storm water (including sheet flow) may be discharged. Conduct soil tests to identify and to implement site-specific fertilizer needs. q. r. s. t. u. v. Effective January 1, 2019 * This requirement is different for infrastructure projects: Certified personnel for primary permittees shall conduct inspections at least once every fourteen (14) calendar days and within 24 hours of the end of the storm that is 0.5 inches rainfall or greater in accordance with Section IV.D.4.a.(3)(a) – (c) of this permit. Limit the total planned site disturbance to less than 15% impervious surfaces (excluding any state mandated buffer areas from such calculations). All calculations must be included in the Plan. Conduct inspections during the intermediate grading and drainage BMP phase and during the final BMP phase of the project by the design professional who prepared the Plan in accordance with Section IV.A.5 of the permit. Install Post Construction BMPs (e.g., runoff reduction BMPs) which remove 80% TSS as outlined in the Georgia Stormwater Management Manual known as the Blue Book or an equivalent or more stringent design manual. Certified personnel for primary permittees shall conduct inspections at least twice every seven (7) calendar days and within 24 hours of the end of the storm that is 0.5 inches rainfall or greater in accordance with Section IV.D.4.a.(3)(a) – (c); secondary permittees, Section IV.D.4.b.(3)(a) – (c); and tertiary permittees Section IV.D.4.c.(3)(a) – (c) * Apply the appropriate compost blankets (minimum depth 1.5 inches) to protect soil surfaces until vegetation is established during the final stabilization phase of the construction activity. Use alternative BMPs whose performance has been documented to be superior to conventional BMPs as certified by a Design Professional (unless disapproved by EPD or the Georgia Soil and Water Conservation Commission). (If using this item please refer to the Alternative BMP guidance document found at www.gaswcc.georgia.gov) The Plan must include a statement that the primary permittee must retain the design professional who prepared the Plan to conduct inspections during the intermediate grading and drainage BMP phase and during the final BMP phase. The Erosion Sediment and Pollution Control Plan for the above named project or activity meets the requirements of the Erosion and Sediment Control Ordinance or Rules and Regulations Governing Land-Disturbing Activities in The (City/County) of (LIA) under the provisions of the Erosion and Sedimentation Act of 1975, as amended. The Erosion Sediment and Pollution Control Plan for the above named project or activity does not meet the requirements in The (City/County) of (LIA) through failure to include the following: > Any questions, comments, or concerns regarding this plan review should be addressed to: Technical review by: Organization: Date: The technical review as accomplished and reported above was done at the request of and is concurred in by the Soil and Water Conservation District. PLAN REVIEW # TOTAL PROJECT ACRES TOTAL DISTURBED ACRES DATE ON PLANS LIA DATE RECEIVED EROSION SEDIMENT & POLLUTION CONTROL PLAN REVIEW ______________ SOIL AND WATER CONSERVATION DISTRICT Level II Certification #/Expiration Date: PHONE NUMBER NAME OF PROJECT ADDRESS (INCLUDING COUNTY) SOIL SERIES SPECIFIC INFORMATION ON PROJECT (GPS Location) DATE ___________________ DESIGN PROFESSIONAL LEVEL II CERTIFICATION/EXPIRATION DATE APPLICANT ADDRESS DISTRICT SUPERVISOR REPORT OF TECHNICAL REVIEW Exhibit D - Residential Individual Lot Site Plan Requirement Checklist City of Milton Residential Individual Lot Site Plan Requirement Checklist: Submission of this checklist does not relieve the applicant from his/her responsibility to comply with all applicable regulations, codes, standards, guidelines, ordinances and policies. Provide and/or identify all applicable items: 1.__ Provide Site Plan Application with three copies of the site plan 2.__ Minimum sheet size is 17”x22”; Maximum sheet size is 24”x36” 3.__ Use clear, distinct and varied line weights & line types to reflect existing (screened) and proposed (bold) site conditions. 4.__ Existing and proposed topography at 1-foot interval for ground slopes less than 2% and 2-foot interval for slopes greater than 2% or existing and proposed spot elevations at all high and low points and elsewhere as necessary to illustrate drainage patterns. 5.__ A professional engineer, architect, land surveyor or landscape architect currently registered in the state of Georgia must seal, sign and date all plan sheets. 6.__ Site boundary survey with north arrow. Minimum scale: 1” = 20’. Said survey can be provided separately as long as its appropriately referenced on site plan. 7.__ Location map with approximate site location 8.__ Address, lot number and subdivision name 9.__ All street names, widths and location of right-of-way. 10.__ Reference Final Plat if lot is part of a master development with regional storm water facility for water quality and detention. 11.__ Note and / or 811 detail on plan: 72 hours notice is required to Georgia 811 Utility Protection Center before any land disturbance activities can begin. 12.__ State total lot area in acres and square feet on plan. 13.__ Delineate limit of disturbance including all areas where work will occur (tree save and silt fence must be within limits of disturbance). 14.__State limit of disturbance in acres and square feet on plan. If disturbed area is greater than 1 acre and lot is not part of a master development, provide 3-phase erosion control/NPDES plan and copy of NOI. 15.__State impervious area in square feet on plan. If impervious area is equal or greater than 5,000 square feet and lot is not part of a master development, provide water quality for runoff leaving site. 16.__ Show and label Zoning buffers and setbacks on plan. 17.__ Show and label required stream buffers on plan. 18.__Show and label Flood Plain, provide reference to appropriate FEMA panel. 19.__ Show utilities, storm drainage and all associated easements on plan. Show location of all pipes and structures (sewer manholes, storm structures, power boxes & poles, water, gas, etc.). Provide top and invert of all utility structures) 20. __ Show existing and proposed sanitary sewer, septic system (including primary and reserve drain fields) and water connection on plan. 21. __ Base of all cut and fill slopes must terminate far enough from property lines to allow construction to occur without adversely affecting adjacent properties. 22. __ Provide all necessary details for retaining walls. Retaining walls between 4 feet and 6 feet in height shall be permitted separately and require structural design sealed, signed and dated by a professional engineer with current registration in the State of Georgia. Walls over six feet in height are not permitted . 23. __ Provide Erosion and sedimentation control plan including but not limited to: a. Construction Entrance / Exit (Co) b. Silt fence delineated at toe of slope (Sd1-NS or Sd1-S) c. Site Stabilization / vegetative plan (Ds1 Ds2 Ds3) d. Inlet protection (Sd2-F and / or Sd2-P) e. Slope Stabilization for slope greater than 10 feet in height (Ss) f. Channel Stabilization for stormwater conveyance (Ch) g. Sediment Trap (Sd4) h. Outlet Protection (St) i. Concrete washout j. Portable toilet (porto-potty Exhibit E – Traffic Memo Traffic Memo Project Name: Date of Review: Contact Milton Public Works at 678-242-2559 to discuss scope prior to collecting any data Review/Analysis of access includes the following: • A vicinity map showing location of the proposed development in relation to the transportation system • A description and site plan of proposed use/development including size and nature of the entire proposed development • A description of proposed site access points (include spacing between existing driveways and intersections) • Average Daily Traffic volumes on existing roads at or near proposed access point(s) measured within the last 12 months (check with the City or State as they may have applicable count data available) • Safety analysis of proposed site access including stopping sight distance, intersection sight distance, and operational characteristics • Trip generation from ITE latest edition and proposed distribution percentages • Turn lane warrants and analysis based on City of Milton Code of Ordinances Chapter 48 • Driveway analysis including lane configuration, throat length and channelization • Parking needs, required and provided spaces • Appendix to include applicable raw count data, calculation sheets, sight distance profile 2 | Traffic Study Requirements MILTON "' TO: FROM: AGENDA ITEM: MEETING DATE: ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: April 30, 2019 Steven Krokoff, City Manager <2) Approval of a Construction Services Agreement between the City of Milton and Hendee Enterprises, Inc. for a Bell Memorial Park Shade Structure. Monday, May 6, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: r/A.PPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: r0Es r) NO CITY ATTORNEY REVIEW REQUIRED: (,JA'ES () NO APPROVAL BY CITY ATTORNEY: ('{APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 2006 Heritage Walk Milton, GA P: 678.242.2500 I F: 678 .242.2499 info@cityofmiltonga.usIwww.cityofmiltonga .us 0 800 To: Honorable Mayor and City Council Members From: Matthew Fallstrom, Capital Projects Manager Date: Submitted on April 30th, 2019 for the May 6th, 2019 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Hendee Enterprises, Inc. for a Bell Memorial Park Shade Structure _____________________________________________________________________________________ Project Description: The Parks Department is requesting the approval of a contract for the installation of a shade structure over the playground at Bell Memorial Park. An Invitation to Bid (ITB) was issued for the installation of this shade structure. . Procurement Summary: Purchasing method used: Bid Award-ITB (Over $50,000) Account Number: 300-6110-541401500 Requisition Total: $59,365 Vendor DBA: Hendee Entreprises, Inc Other quotes or bids submitted (vendor/$): Vendor/Firm Quote/Bid US Shade &Fabric $99,895 Financial Review: Bernadette Harvill, April 30, 2019 Legal Review: Sam VanVolkenburgh, April 8, 2019 Attachment(s): Construction Services Agreement HOME OF Vii fii �x€'� -RGIA' M I L -Tr 0 LST. BLISHM 2000, CONSTRUCTION SERVICES AGREEMENT Bell Memorial Park Shade Structure Project This Construction Services Agreement (the "Agreement") is made and entered into this day of , 20 (the "Effective Date"), by and between the CITU 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 Hendee Enterprises Inc., a Texas Corporation having its primary place of business located at 9350 S Point Dr, Houston, Texas 77054-3724, (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 January 3, 2019 ,attached hereto as "Exhibit A" and incorporated herein by reference; and WHEREAS, the Contractor submitted a complete and timely bid, attached hereto as "Exhibit B" and incorporated herein by reference, and met all bid requirements such that the City awarded Project Number 19-PROI 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 Constriction Services x greenieiit 1 Version 1.0 laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work, and Contractor is aware that it must be licensed to do business in the State of Georgia. NOW THEREFORE, , for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: Section 1. Contract Documents This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the "Contract Documents A. Request for Bids, attached hereto as "Exhibit All; B. Bid Documents from Contractor, dated January 16, 2019 attached hereto as "Exhibit B"; C. Scope of Work, attached hereto as "Exhibit C"; D. Performance Bond, Payment Bond, and Maintenance Bonds, attached hereto collectively as "Exhibits D.1, D.2, and D.3"; E. Noncollusion Affidavit of Prime Bidder, attached hereto as "Exhibit E"; F. Final Affidavit, attached hereto as "Exhibit F"; G. Alien Employment affidavits, attached hereto as "Exhibits G.1 and G.2"; H. Plans, drawings and specifications, attached hereto collectively as "Exhibit "; 1. Additional Payment/Retainage Requirements, attached hereto as "Exhibit I"; J. Reserved. K. Reserved. L. Reserved. M. Supplementary Conditions (if issued), attached hereto as "Exhibit M" N. Notice of Award, attached hereto as "Exhibit N"; O. City of Milton Code of Ethics (codified in the official Code of the City of Milton); P. The following, which may be delivered or issued after the Effective Date of the Construction Scrvices Agreement j Version 1.0 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: The construction and installation of playground shade structures at Bell Memorial Park, in accordance with the plans and specifications included herein (the "Project"). A third -party, Safebuilt Georgia, LLC., has been retained to provide footing and final construction inspection services related to this Project. C. Contract Administrator. The Contract Administrator for this Agreement shall be: Matthew Fallstrom, Capital Projects Manager. On behalf of the City, Safebuilt Georgia will provide project inspections as needed. 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 consistent with the timeline set forth in Section 4.A. 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 Construction Services A�Mrecment I Version 1.:() 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 or similar submittals shall not relieve the Contractor of responsibility for errors or omissions therein. Construction Services Agreeiricnt j Version 1.0 The Contractor shall, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, direct the Contract Administrator's attention to any additional revisions included other than those requested by the Contract Administrator on previous submittals. In the absence of such written notice drawing the Contract Administrator's attention to such additional revisions, the Contract Administrator's approval of a resubmission shall not apply to such additional revisions. The Contractor shall maintain at the Project site(s) one record copy of the Contract Documents in good order and marked currently to record field changes and selections made during construction and one record copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These documents shall be available to the City and Contract Administrator and shall be delivered to the Contract Administrator or City upon completion of the Work. Section 4. Contract Term; Liquidated Damages; Expedited Completion Partial Occupancy or Use A. Contract Term. The term of this Agreement ("Term") shall commence on the Effective Date and continue until the earlier of completion of and payment for the Project, or the proper termination and non -renewal of this Agreement (provided that certain obligations, including but not limited to Warranty obligations, will survive tennination/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 no earlier the June 1, 2019 and work shall be completed by July 31 , 2019. Every effort will be made by Contractor to shorten this period. 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 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; :vt�P�striictio7i Services Agi-eeinent j Version 1.0 (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 not, in any case, exceed $59,365.00 (the "Maximum Contract Price"), except as outlined in Section 6 below. The compensation for Work performed shall be based upon the lump sum price set forth in Exhibit `B", 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 Construction Services Am-ecinent 1 Version 1..0 times or locations required to complete such tests or inspections, and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through written Change Orders, as described in Section 6 below. 'Whenever the Contract Administrator considers it necessary or advisable, it shall have authority to require inspection or testing of the Work. However, neither this authority of the Contract Administrator nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Contract Administrator to the Contractor, subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. D. Taxes. The City is a governmental tax-exempt entity and shall not be responsible for paying any taxes on any materials or services provided for herein. At Contractor's request, City shall provide evidence of its tax-exempt status. To the extent, if any, that the City furnishes tangible personal property to Contractor for incorporation into the Project, Contractor shall be responsible for paying the amount of tax owed for such tangible personal property. Section 6. Change Orders A. Chanse 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 any Change Order affecting the price where the Maximum Contract Price (as amended) ConstRiCtioll Services Agreement j Version 1.0 is in excess of $50,000, must be approved by resolution of the Milton City Council. E. Minor Changes in the Work. The Contract Administrator will have the authority to order minor changes in the Work not involving adjustment in the Maximum Contract Price or extension of the Term and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order signed by the Contract Administrator. The Contractor shall carry out such written orders promptly. If the minor changes subsequently may affect adjustments in the Maximum Contract Price or the Term, the changes shall then be converted to a written Change Order by the requesting Party. Section 7. Covenants of Contractor A. Ethics Code; Conflict of Interest. (i) Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of his knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Contractor become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Contractor shall immediately notify the City. If the City determines that a conflict of interest exists, the City may require that Contractor take action to remedy the conflict of interest or terminate the Agreement without liability. The City shall have the right to recover any fees paid for services rendered by Contractor when such services were performed while a conflict of interest existed if Contractor had knowledge of the conflict of interest and did not notify the City within five (5) business days of becoming aware of the existence of the conflict of interest. (ii) Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Contractor or higher tier sub - consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. Construction Services flgreernent Version 1..0 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 C'oristructioti Services .��re� me art ! Version 1.0 � 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 Fafniliarity with Work. Contractor represents that it has familiarized itself with the nature and extent of the Contract Documents„ the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Contract Documents, site conditions, authorities, tests, reports and studies relative to that portion of the Work, as well as the information furnished by the City, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the Project site(s) affecting it. Contractor represents and agrees that it has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, inconsistencies, or ambiguities in the Contract Documents; however, any errors, inconsistencies, omissions, or ambiguities discovered by the Contractor shall be reported promptly to the Contract Administrator and City in writing. Contractor represents that it has given the City written notice of all errors, omissions, inconsistencies, or ambiguities that the Contractor has discovered in the Contract Documents so far, and the written resolution thereof by the City is acceptable to the Contractor. Further, Contractor acknowledges that its obligation to give notice of all such errors, omissions, inconsistencies, or ambiguities shall be continuing during the 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 Cons rUCiorl Services Ags-eernent ; Version LO contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Contract Administrator apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the City's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable, and Contractor shall be responsible for all costs and damages resulting from its failure to report reasonably discoverable defects. (iii) Contractor Requests for Information. If, with undue frequency (as determined by the City in its sole discretion), the Contractor requests information that is obtainable through reasonable examination and comparison of the Contract Documents, site conditions, and previous correspondence, interpretations or clarifications, the Contractor shall be liable to the City for reasonable charges from the Contract Administrator for the additional services required to review, research and respond to such requests for information. F. Supervision, Inspection and Construction Procedures. The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Agreement, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety therefor and, except as stated below, shall be fully and solely responsible for. the jobsite safety for such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the City and Contract Administrator and shall not proceed with that portion of the Work without further written instructions from the City or Contract Administrator as approved in writing by the City. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of this Agreement. The Contractor shall take reasonable precautions for the safety of, and 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 Coms'Ll-cicti0r) et -vices AgrcE rnent Version l .Ci 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 p. 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. 6t,29 '/9�;,,' S 7�� 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 Construction Services Agreement j Version 1.0 performing services under this Agreement in accordance with sound and accepted professional and industry principles. J. Contractor's Reliance on Submissions by the City. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. K. Uncovering; and Correction of Work. If a portion of the Work is covered contrary to the Contract Administrator's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Contract Administrator, be uncovered for examination by the Contract Administrator and be replaced at the Contractor's expense without change in the Agreement Term. If a portion of the Work has been covered which the Contract Administrator has not specifically requested to examine prior to its being covered or which the Contract Documents did not require to remain uncovered until examined, the Contract Administrator may request to see such Work, and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the City's expense, which expense shall be agreed upon in writing prior to being incurred. If such Work is not in accordance with the Contract Documents, correction shall be at the Contractor's expense, unless the condition was caused by the City, in which event the City shall be responsible for payment of such costs including reasonable charges, if any, by the Contract Administrator for additional service, which expense shall be agreed upon in writing prior to being incurred. If the City prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the City may do so instead of requiring its removal and correction, in which case the Maximum Contract Price will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. L. Clean 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. shall be authorized to act on Contractor's behalf with respect to the Wo as Contractor's designated representative. Construction Services Agreement I Version 1.0 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 knowledgeandprior written consent of the City. O. Responsibility of Contractor and Indemnification of City. The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold 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 Corrstructiori Services AgreementVersion I M Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. To the extent the Work requires any obligations that can be characterized as engineering, architectural or land surveying services, the obligation to defend and/or indemnify shall be limited as provided in O.C.G.A. § 13-8-2(c). Contractor's obligations shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of the Contractor, its subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. P. Insurance. (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City as to form and content. These requirements are 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 (:'ori tract oII Services Agreement Version 1.0 and collapse hazard. This coverage may 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) Builder's Risklnsurance: Contractor shall provide a Builder's Risk Insurance Policy to be made payable to the City and Contractor, as their interests may appear. The policy amount shall be equal to 100% of the Maximum Contract Price, written on a Builder's Risk "All Risk," or its equivalent. The policy shall provide, or be endorsed to provide, as follows: "The following may occur without diminishing, changing, altering or otherwise affecting the coverage and protection afforded the insured under this policy: i) Equipment may be delivered to the insured premises and installed in place ready for use; and ii) Partial or complete occupancy by City; and iii) Performance of Work in connection with construction operations insured by the City, by its agents or lessees, or other contractors of the City or using agency." The insurance coverage shall include extended coverage, and providing coverage for transit, with sub - limits sufficient to insure the full replacement value of the property Construction Services, Agreement ' Version 1.0 or equipment removed from its site and while located away from its site until the date of final acceptance of the Work. (f) Commercial Umbrella Liability Coverage: $5 million per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers' Liability, and Professional Liability. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing so that 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 LiabiltX Coveraize. (i) Additional Insured Requirement. The City and City's elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually "Insured Party" and collectively "Insured Parties") shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self- insurance maintained by the Insured Parties shall be in excess of the Contractor's insurance and shall not contribute with it. C."onstrLLCtioll Services Agrecinent I Version LO (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits_ There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to the City. The City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (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 Constructi011 Services At,7recinent 1 Version 1.0 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 Payments: The making of progress payments to the Contractor shall not be construed as relieving the Contractor or its subcontractor or insurance carriers from providing the coverage required in this Agreement. Q. Bonds. In public works construction contracts valued at more than one hundred thousand dollars ($100,000.00) or road construction/maintenance contracts valued at five thousand dollars ($5,000.00) or more, or in any other instance where the City has elected to include such bond requirements as exhibits to this Agreement, the Contractor shall provide Performance, Performance and Maintenance bonds and on the forms attached hereto as "Exhibits D.1, D.2 and MY 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. ConstrLICtIO11 `services Agreeinent j Version 1.0 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-VerifyAff davit. 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 GA and G.2" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and its subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in "Exhibit G.1", and submitted such affidavit to City or provided the City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13- 10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as "Exhibit G.2", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Construction `services A€ reernent ; Version I.O Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10- 91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 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 prescribed by the City with respect to all matters covered by this Construction Services, Agree hent I Version l .0 Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Contractor by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all Records in the form requested by the City. All Records stored on a computer database must be of a format compatible with the City'scomputer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, Contractor shall make available to the City or City's representative(s) for examination all Records. The Contractor will permit the City or City's representative(s) to audit, examine, and make excerpts or transcripts from such Records. Contractor shall provide proper facilities for City or City's representative(s) to access and inspect the Records, or, at the request of the City, shall make the Records available for inspection at the City's office. Further, Contractor shall permit the City or City's representative(s) to observe and inspect any or all of Contractor's facilities and activities during normal hours of business for the purpose of evaluating Contractor's compliance with the terms of this Agreement. In such instances, the City or City's representative(s) shall not interfere with or disrupt such activities. U. Confidentiality. Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, contractors, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions, or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that the City's disclosure of documentation is governed by Georgia's Open Records Act, and Contractor further acknowledges that, if Construction Services Agree hent I Version L0 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 C`orlAruction Services Agreement Version LO Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to the City, and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. Z. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. Section 8. Covenants of the City A. Right of Entry. The City shall provide for right of entry for Contractor and Contractor's equipment as required for Contractor to complete the Work; provided that Contractor shall not unreasonably encumber the Project site(s) with materials or equipment. B. City's Representative. Matthew Fallstrom shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section 6 above. Section 9. Final Proiect Documents; Warranty A. Final Project Documents. Prior to anal payment, Contractor shall deliver to City a written assignment of all warranties, guaranties, certificates, permits, and other documents, including without limitation, all contractors' and manufacturers' warranties. At such time, Contractor shall also deliver to the City copies of all as - built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. B. Warranty. The Contractor warrants to the City and the Contract Administrator that materials and equipment furnished under the Agreement will be of good quality and new, unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, is considered defective. This warranty excludes remedy for damage or defect caused by abuse by the City or modifications to the Work not Construction :services Agree rent I Version 1.0 Ow executed by the Contractor or an employee/subcontractor/sub-subcontractor thereof. Except as may be otherwise specified or agreed, the Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within 2 year(s) (the "Warranty Period") from the date of final completion at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the Warranty Period to identify any issues that must be resolved by the Contractor. After the expiration of the Warranty Period, City shall be responsible for repairing issues resulting from normal wear and tear and shall be responsible for general maintenance of the equipment; however, expiration of any Warranty Period shall not affect the Contractor's continued liability under an implied warranty of merchantability and fitness. All warranties implied by law, including fitness for a particular purpose and suitability, are hereby preserved and shall apply in full force and effect beyond any Warranty Period. City may purchase additional maintenance services from the Contractor 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. Reserved. 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. CoristtrLictiori Services Agreement 1 Version 1.0 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. 0 City's RiLrhts, Contractor Default 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 Corr: tt's.1010n Services Agre rnent ; Version 1.0 or entity. Such a stoppage of Work shall not extend the expected date of final completion of the Work. (ii) City's Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) calendar day period after receipt of written notice from the City to commence and/or continue correction of such default or neglect with diligence and promptness, the City may, without prejudice to other remedies the City may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including City's expenses and compensation for the Architect/Engineer's and/or Contract Administrator's additional services (if any) made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the City. B. Contractor Default. For the purposes of this Agreement, Contractor shall be in default if any of the following occur during the Term of this Agreement: (a) a failure to fulfill in a timely and proper manner Contractor's obligations under this Agreement; (b) Contractor violates any of the material provisions, agreements, representations or covenants of this Agreement or any applicable city, state, or federal laws, which do not fall within the force majeure provisions of this Agreement; (c) the Contractor becomes insolvent or unable to pay its debts as they mature, or makes an assignment for the benefit of creditors, or files a bankruptcy petition under the United States Bankruptcy Code; or (d) Contractor is the subject of a judgment or order for payment of money, which judgment or order exceeds $100,000 and is no longer subject to appeal or, in the opinion of the City, would be fruitless to appeal and where (i) such judgment or order shall continue un -discharged or unpaid for a period of thirty (30) calendar days, (ii) an insurer acceptable to the City has not acknowledged that such judgment or order is fully covered by a relevant policy of insurance, or (iii) the City is otherwise reasonably satisfied that such judgment or order is not likely to be satisfied or complied with within sixty (60) calendar days of its issuance. In the event of Contractor's default under this Agreement, the City shall send written notice to the Contractor setting forth the specific instances of the default and providing the Contractor with at least seven (7) calendar days to cure or otherwise remedy the default to the reasonable satisfaction of the City. If the default is not remedied during the stated cure period, then the City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge the Contractor for the costs of curing the default against any sums due or which become due to the Contractor under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to the City for such default. Section 12. Reserved. Section 13. Miscellaneous Construction Sery 1ces .. rcenient ; `v'crston 1.0 A. Complete Agreement. This Agreement, including all of the Contract Documents, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement, or promise relating to the subject matter of this Agreement not contained in this Agreement or the Contract Documents shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. B. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions; Severability. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. E. Business License. Prior to commencement of the Work to be provided hereunder, Contractor shall apply to the City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Contractor provides evidence that no such license is required. F. Notices. (1) Communications Relating to Day -to -Day Activities. All communications relating to the day-to-day activities of the Work shall be ex hanged between Matthew Fallstrom for the City and ';lAm I'/ for the Contractor. (2) Official All other notices, requests, demands, writings, or correspondence, as required Construction Services Agreement I Version 1.0 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: Hendee Enterprises, Inc. 9350 South Point Dr Houston, TX 77054 G. Waiver of Agreement. No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City's right to demand exact and strict compliance by Contractor with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations, warranties, and insurance maintenance requirements. 1. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. 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 Coristructioti Set -vices Agreement ; Version 1.0 Contractor is a sole proprietor. The Parties agree that their sole and exclusive remedy, claim, demand, or suit shall be directed and/or asserted only against Contractor or the City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. K. Force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to; (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion, or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection, or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. L. Headings. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit, or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. M. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. N. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, each Party binds itself, its partners, successors, assigns, and legal representatives to the other Party hereto, its partners, successors, assigns, and legal representatives with respect to all covenants, agreements, and obligations contained 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 Construction Services Agree;rnent ; Version 1.0 entire Agreement and shall be grounds for termination or exercise of any other remedies available to the City at law or in equity. Q. Use of Singular and Plural. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] ConstrLI tior1 Services A�7recinent j Version 1.0 CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] Attest: Print Name: Its: City Clerk Approved as to form: City Attorney CONTRACTOR: Hendee Enterprises„ Inc. By: Print Name: t Its: ' � Y - President/Vice President (Corporation)'-,-.; [CORPORATE SEAL] !� (required if corporation) `- _ ;•t Attest/Witness: Print Name: Its: Pk1 ((Assistant) Corporate Secretary if corporate ) ConstrLlction Services Agreement I Version 1.0 11 WN"N'11"1Y11_fii HOME OF ' M1 LTON [STAB LIS] I[D 2006 CITY OF MILTON INVITATION TO BID (THIS IS NOT AN ORDER) Bid Number: Project Name: 19-PRO1 Bell Memorial Park Shade Structure Project Due Date and Time: City of Milton January 22, 2019 Local Time: 2:00pm Number of Pages: 107 ISSUING DEPARTMENT INFORMATION Issue Date: January 3, 2019 City of Milton Phone: 678-242-2500 Public Works Department Fax: 678-242-2499 2006 Heritage Walk Website: www.cityofmiltonga.us Milton, GA 30004 INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/Package: Bidder Phone Number: Bid Number: 19-PR01 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office BID RESPONSE 2006 Heritage Walk Milton, GA 30004 Special Instructions: Deadline for Written Questions January 11, 2019 at 5:00 pm Email questions to Honor Motes at honor. motes@cit ofmilton a.us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authorized Bidder Signatory: (Please print name and sign in ink) Bidder Phone Number: Bidder FAX Number: Bidder Federal I.D. Number: Bidder E-mail Address: BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE ITB 19-PROI I 111 a g e srM Topic fgge Definitions 3 Invitation to Bid 4 Schedule of Events 6 Bidding Instructions (What must be submitted) 7 Insurance/Bond Requirements 8 Bid Form and Addenda Acknowledgement 13 Bid Bond (3 pages) 15 Qualifications Signature and Certification 18 Corporate Certificate 18 List of Subcontractors 19 Contractor Affidavit and Agreement (eVerify) 20 Disclosure Form 21 Project Specifications 22 Bid Submittal Form 34 General Conditions 35 EPD Air Quality Rules 41 Sample Contract Agreement 42 ITB 19-PROI 2 1 P `z g c DEFINITIONS COMPW: City of Milton Public Works Department CY: Cubic Yard GDOT: Georgia Department of Transportation ENGINEER: The City of Milton Director of Public Works or a duly authorized representative. ADA: Americans with Disabilities Act EA: Each GAL: Galion LF: Lineal Feet LM: Lineal Mile LS: Lump Sum SY: Square Yard TN: Ton IBC: International Building Code, latest edition with Georgia Amendments MUTCD: Manual on Uniform Traffic Control Devices OSHA: Occupational Safety and Health Administration FHWA: Federal Highway Administration AASHTO: American Association of State Highway and Transportation Officials ITB 19-PROI 3( P a g e HOME OF `THE BEST QUALITY OF LIFE; , _,KOC MILTON ESTABLISHED 2006 Invitation to Bid 19-PRO1 The City of Milton is accepting sealed bids from qualified firms for the Bell Memorial Park Shade Structure 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 American Society of Civil Engineers. 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 January 22, 2019. Sealed bids shall be submitted to: City of Milton Attn: Honor- Motes, Purchasing Office, 2006 Heritage Walk, Milton, GA 30004. At approximately 2:10 PM Local Time on the day bids are received the bids will be publicly opened and the bidder's name and total bid amount will be read aloud at: City of Milton City Hall, 2006 Heritage Walk, Milton, GA 30004. Bids received after the above time or in any other location other than the Purchasing Office will not be accepted. Bids shall be presented in a sealed envelope with the bid number (19-PRO1) and the name of the company or firm submitting clearly marked on the outside of the envelope. ONE (1) ORIGINAL (PAPER) AND TWO (2) COPIES (PAPER) AND A PDF COPY OF THE BID ON CD or FLASH DRIVE MUST BE SUBMITTED. Bids will not be accepted verbally, by fax, or email. Questions must be in writing. For questions, please email Honor Motes at honor.motes@cityofmiltonga.us. Deadline for questions is January 11, 2019 at 5:OOpm. Official answers to questions and potential changes to the ITB (Addendums) will be posted at the same web locations as the ITB on or about January 16, 2018. Any other form of interpretation, correction, or change to this ITB will not be binding upon the City. It is the bidder's responsibility to check the websites for potential updates. Please refer to Bid (19- PRO1)and bid name (Bell Memorial Park Shade Structure Project) when requesting information. The City of Milton reserves the right to reject any or all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. The selected contractor must be able to start work within ten (10) calendar days ITB 19-PRO1 41 Pa-- c after the "Notice to Proceed" is issued. The time of completion for the project is forty-five (45) 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. *Important to remember when submitting digital files: 1. Mark all CD's or Flash Drives with Bidder's name and ITB number and title. 2. All digital files must be in either (unless otherwise specified within this document): a. Microsoft Office file format or b. Portable Document Format (PDF). 3. Use caution in creating the electronic files. If the City is unable to open files due to data -corruption, password or encryption error, etc., the Bidder's proposal may be considered incomplete. 4. TE: All digital copies must include exactly the same information as provided in the hard copy "Original ITB 19-PR01 5 1 P age SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE EVENT DATE ITB Issue Date January 3, 2019 Deadline for Receipt of Written Questions 5:00 PM on January 11, 2019 Posting of Written Answers by City to Websites on or about January 16, 2019 ITB DUE No Later than 2:00 PM on January 22, 2019 Tentative Contract Award (on/about) Notice to Proceed (on/about) February 20, 2019 February 21, 2019 NOTE: PLEASE CHECK THE CITY WEBSITE (hftp://www.cityofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. ITB 19-PROI 61 P a c FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) 1 Filled out and Signed Invitation to Bid (Cover Sheet) l 2 Bid Form and Addenda Acknowledgement (2 pages) 13-14 3 Bid Bond (3 pages) 15-17 4 Qualifications Signature and Certification 18 5 List of Subcontractors 19 6 Contractor Affidavit and Agreement (eVerify) 20 7 Disclosure Form 21 8 Bid Submittal Form (3 pages) 30 The purpose of this solicitation is to enter into a Lump sum price "purchasing contract" with one firm to be the primary supplier of the Bell Memorial Park Shade Structure Project, 19-PRO1. 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. ITB 19-PR01 7 1 P a g e The City reserves the right to cancel the contract at any time with 30 days written notice. Title to any supplies, materials, equipment or other personal property shall remain the Contractors' until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor's expense to the complete satisfaction of the City of Milton with no additional expense to the City. The City intends to evaluate the ITB on the lowest, responsible, and responsive vendor. Bids may be found nonresponsive at any time during the evaluation or contract process, if any of the required information is not provided; the submitted price is found to be inadequate; or the proposal is not within the specifications described and required in the ITB. If a bid is found to be non- responsive or non-qualified, it will not be considered further. Within ten (10) days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7.K). (1) Reauiremenfs: 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 ITB 19-PR01 8 1 P a g e 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 Fess than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. I FB 19 -PRO 1 9 1 P a- e (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 fen (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 ITB 1.9-PR01 10 1 P a g the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds.. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers' Compensation policy. Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project strictly within the terms and conditions stated in this bid and in the bidding and contract documents, should the construction contract be awarded. The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE BONDS for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or Labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the base bid price. The Successful Bidder shall also be required to furnish a MAINTENANCE BOND, in the amount of one-third (1 /3) of the contract price, guaranteeing the repair or replacement caused by defective workmanship or materials for a period of two (2) years from the completion of construction. Bonds shall be issued by a corporate surety appearing on the Treasury Department's most current list (Circular 570 as amended) and be authorized to ITB 19-PRO1 11 I P a g e 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. :O Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e). The costs for developing and delivering responses to this ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton. ITB 19-PR01 121 P a- e HOME OF `THE BEST QUALITY OF LIFE IN GEORG' NA !LTON*k F. STA B L I S F1 F D 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 19-PRO1 Bell Memorial Park Shade Structure 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. 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. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces within ten (10) calendar days from the Notice to Proceed, and to complete all Work within forty-five (45) calendar days from the Notice to Proceed. If ITB 19-PRO1 13 1 P a c weather affects the required completion schedule, the City and selected Bidder will negotiate a new completion date. Attached hereto is an executed Bid Bond in the amount of (Five Percent of Amount Bid). Dollars ($ If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this Bidder Mailing Address: Signature: day of 20 Print Name: Title: ITB 19-PRO1 Bidder (Seal) Company Name 141 Page HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' I LTON% FSTARLISHFID 2006 [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 2006 Heritage Walk Milton, Georgia 30004 BID BID DUE DATE: PROJECT (Brief Description Including Location): BOND BOND NUMBER: DATE (Not later that Bid due date): PENAL SUM: (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. (Seal) Bidder's Name and Corporate Seal By: Signature and Title: Attest: Signature and Title: SURETY (Seal) Surety's Name and Corporate Seal By: Signature and Title: (Attach Power of Attorney) Attest: Signature and Title: ITB 19-PROI 15 Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents.. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3,3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. ITB 19-PRO1 16 1 P a- e 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery,. commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. ITB 19-PR01 17111 a g e HOME OF' HE BE 7,-. T . LIFE I LTON'%' ESTARI ISH ED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature Print/Type Name Print/Type Company Name Here CORPORATE CERTIFICATE I, , certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that who signed said bid in behalf of the Contractor, was then (title) of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of This (Signature) day of 20 (Seal) ITB 19 -PRO 1 1 g 1 Pa c HOME OF ' � � u ' MILTON FSTA BLISFIFD 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name: ITB 19 -PRO 1 191 Page HOME OF' THE BEST QUALITY OF LIFE IN GEORGIA' LTON S[ I ED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] EXHIBIT" D " CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91 (b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Contractor Bell Memorial Park Shade Structure Proiect Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _, 201 in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 201 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: ITB 19-PROI 20 111 11 L; c HOME OF'HE BE'..' I LT -O . N ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: ITB 19-PR01 211 P a g e HOME OF' THE BE J QUALITY OF LIFE IN GEORGIA' M I LTO N, ESTARLISI]ED 2006 PROJECT SPECIFICATIONS Bell Memorial Park Shade Structure Project PROJECT DESCRIPTION The City of Milton Public Works Department (City) requests for interested parties to submit formal sealed bids for the Bell Memorial Park Shade Structure Project. The Contractor will need to submit engineered drawings prior to going under contract. SPECIAL PROVISIONS All work associated with this contract shall meet the International Building Code standard specifications for construction materials, methods and procedures not specifically listed in this solicitation. The following are special provisions prepared specifically for this contract and may be in conflict with parts of the standard specifications. If conflicts are evident, the special provisions shall take precedence over the standard specifications. PROSECUTION AND PROGRESS The City desires to have all work completed within forty-five (45) days from the issuance of the Notice to Proceed. 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 Memorial Day, July 4th, Labor Day. Thanksgiving Day, and Christmas Day. The Work will require bidder to provide all labor, administrative forces, equipment, ITB 19-PR01 221 NagPag c 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. Except to the extent limited by law, 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. ,. '01 4L 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. 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 specifications. Materials quality control testing types will meet IBC specifications at a frequency equal to or exceeding that set by those specifications. Contractor shall secure the services of a 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 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 Jot at no cost to the City. Contractor shall be responsible for coordinating any utility relocation necessary to the completion of the work. Contractor is responsible for the materials and labor used for raising of water valves and manholes to the new grade of the paved surface. Any utility covered up or left below the asphalt grade will be raised to the proper grade after the fact. The area around these utilities will be saw cut and ITB 19-PR01 23 1 P a - e squared off and the final surface course will be concrete. This work shall be considered incidental. 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. The removal and disposal of disturbed materials 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. Dirt, mud, mulch and other debris shall be removed from the plaza, planters, roadways and parking lots, etc. Failure to perform clean- up activities will result in suspension of the work. Drainage ITB 19-PROI 24 1 P a - e FO TIN/F "-{1 105.0 „ 105.24 r. INTERFERE' 1105.25 1105. 1 " • - -irk-` � �,"'�— � �'', __ _ - , .�- 1104 ..-'= • 1105.00 1105.08-- L 105.08-_ . - _ ITB 19-PRO1 25 1 1' a- c ITB 19-PRO1 261 P age PART 1. GENERAL 1.1 SECTION INCLUDES A. Drawings and general provisions of the Contract, including General Conditions and Division l Specification Sections apply to this section. 1.2 RELATED SECTIONS A. Section 03 30 00 - Cast -in -Place Concrete B. Section 03 61 00 Non -Shrink Structural Grout 1.3 REFERENCES A. ASTM International (ASTM): 1. ASTM A 36 - Standard Specification for Carbon Structural Steel 2. ASTM A 325 - Standard Specification for Structural Bolts, Steel 3. ASTM A 500 - Standard Specification for Cold -Formed Welded and Seamless Carbon Steel 4. ASTM A 563 - Standard Specification for Carbons and Alloy Steel Nuts 5. ASTM F 1554 - Standard Specification for Anchor Bolts, Grade 55 (Galvanized) B. American Institute of Steel Construction (RISC). C. American Welding Society (AWS) D. Steel Structures Painting Council (SSPC) E. OSHA Standards 29 CFR, Part 1926, Subpart R (Steel Erection), Standard Number 1926.755: Compliance requires a minimum of four anchor bolts per column 1.4 SUMMARY A single licensed fabric shade structure contractor shall be responsible for the design, wet - stamped engineering drawings, fabrication, supply, and erection of the work specified herein, including foundations. The intent of this specification is to have only one shade contractor to be responsible for all of the functions listed above. ITB 19-PRO1 27 1 P a 4g e 1.5 SUBMITTALS A. With Bid: 1. Provide proof of existing references sites with structures of similar project scope and scale, and engineered to the specified IBC requirements. 2. Designer Qualifications: Design under direct supervision of a Professional Engineer experienced in design of this type of work. 3. Provide a list of at least 3 reference projects that have been installed a minimum of 12 years. 4. Proof of current state contractor's license. 5. Proof of current IAS Certification 1.6 QUALITY ASSURANCE A. Fabrication and erection are limited to firms with proven experience in the design, fabrication and erection of fabric shade structures, and such firms shall meet the following minimum requirements. No substitutions shall be allowed for the following: 1. A single shade structure contractor shall design, engineer, manufacture, and erect the fabric shade structures, including the foundations, and shall provide a dedicated Project Manager throughout the entire Scope of Work related to the shade structure(s). 2. All bidders shall have at least 10 years' experience in the design, engineering, manufacture, and erection of fabric shade structures, engineered to specified IBC requirements with similar scope, and a successful construction record of in-service performance. 3. Manufacturer shall be accredited by IAS (International Accreditation Service) for Structural Steel Fabrication. 4. The fabric shade structure contractor shall have a Corporate Quality Control program (manual), which describes their complete quality assurance program. 1.7 PROJECT CONDITIONS A. Field Measurements: Verify layout information for the fabric shade structure(s) shown on the drawings in relation to the property survey and ITB 19-PRO1 28 1 P a g e existing structures, and verify locations by field measurements prior to erection of the fabric shade structure(s). 1.8 WARRANTY A. Provide fabric manufacturer's standard 10 -year limited warranty, 10 -year structural steel and steel cables warranty, 1 -year paint warranty, and 1 - year workmanship warranty. PART 2. PRODUCTS 2.1 MANUFACTURERS A. Qualified Manufacturer Shade Structures, Inc. dba USA SHADE & Fabric Structures, Or equivalent B. Structures are Joined 4 -Point Hypar Sail with five (5) sails and eleven (1 1) columns. The columns will be a minimum of 10" x 3/8" for 12' heights; 12"x3/8" Structural Steel for 16' heights; 16"x3/8" for 18' heights. Foundations will be a minimum of 30"x10' deep drilled piers. Foundation anchors will be galvanized. C. Requests for substitutions will be considered in accordance with provisions of Section 01 60 00 Product Requirements. 2.2 STEEL A. All structural shapes shall be cold formed HSS ASTM A500 Grade C, unless otherwise noted. Typical mechanical properties for HSS products: 1. Square and Rectangular 50,000 PSI Yield / 62,000 PSI Tensile 2. Round Pipe 46,000 PSI Yield / 62,000 PSI Tensile B. All galvanized steel tube products are manufactured per ASTM A 500, typical mechanical properties achieved for galvanized tube products: Round Tube 45,000 PSI Yield / 48,000 PSI Tensile C. All Plates shall comply with ASTM< A572 Grade 50 D. All steel tubing shall be triple coated for rust protection using the in-line electroplating coat process. Tubing shall be internally coated with zinc and organic coatings to prevent corrosion as manufactured by Allied Tube & Conduit. E. Structural steel shall be detailed, fabricated and erected in accordance with A.I.S.G. Specifications. ITB 19-PRO1 291 P a S e 2.3 2.4 2.5 F. All shop welds shall be executed in accordance with the latest addition of the American Welding Society (AWS) D1.1 Specification. All welds shall be continuous where length is not given, unless otherwise shown or noted on drawings.. All welds shall develop the full strength of the weaker member. All welds shall be made using E70SS.045 wire. G. Shop connections shall be welded unless noted otherwise. Field connections shall be as indicated on the drawings. All fillet welds shall be a minimum of 3/16" unless otherwise noted. Field welds are not allowed. BOLTS A. All high strength bolts shall comply with ASTM A 325 Type 1 or A 490 Type 1. All nuts shall comply with ASTM A 563DH, and washers shall comply with ASTM F 436. B. All high strength bolts shall be tightened to a snug tight condition. C. All Stainless steel bolts / studs shall comply with ASTM F-593, Alloy Group 1 or 2. All nuts shall comply with ASTM F-594 Alloy Group 1 or 2. PAINT A. Powder coating shall be sufficiently applied and cured at the recommended temperature to provide proper adhesion and stability. B. All structural steel shall be powder coated with one shop coat (2.5 to 3.5 MILS thick minimum). C. Powder coat shall be a weather resistant powder coat based on Polyester TGIC. D. Proper treatment and drying shall take place before coating. Polyester Powder (TGIC) specifications shall be as follows; 1. Pencil Hardness (ASTM D-3363) 2. Humidity (ASTM D-2247) 3. Solvent Resistance (PCI Method) — 50 DBL Rubs SL. Softness CABLE A. Wire rope cable shall be 7 x 19 strand core galvanized wire rope with a ITB 19 -PRO] 30 1 P a g e breaking strength value of 14,400 lbs. (3/8" Diameter) and 7,000 lbs. (1/4" Diameter). B. Cables shall be fed through the fabric sleeves around the perimeter of the canopy and tensioned until the fabric panels reach a taunt appearance. 2.6 FABRIC A. Fabric shall be a high density polyethylene with ultraviolet additives, with monofilament and tape construction giving a stable material and Rachel knitted to ensure material will not unravel if cut. B. Fabric Specifications: 1. Fading Minimum Fading after 10 years 2. Life Expectancy Minimum of 15 years C. Fire test on fabric: NFPA 701 Test 2 and ASTM E 84. D. Thread shall be PTFE (Teflon) and meet the following specifications: 1. High Strength 2. Low Shrinkage 3. Wide temperature range 4. Flex and abrasion resistant 5. UV radiation immunity PART 3. EXECUTION 3.1 INSTALLATION A. The installation of fabric shade structures shall be performed by manufacturer or manufacturer -approved contractor, which shall be bonded and holding a current contractor's license. All installation personnel must have experience in the erection of tensioned fabric structures. 91 C. The installation shall comply with the manufacturer's instructions for assembly, installation and erection, per approved drawings. Concrete: 1. Unless noted otherwise for footings and piers by the Project Engineer, ITB 19-PRO1 311 P a is e the concrete specification for footings and/or piers shall meet a minimum 2,500psi at 28 -day strength. 2. Concrete work shall be executed in accordance with the latest edition of American Concrete Building Code ACI 318-99. 3. Concrete specifications shall comply in accordance with the Section 03300 Cast -in- Place Concrete, detailed as per plans, and shall be as follows: a. 28 Days Strength F'c = 2500 psi b. Aggregate: HR c. Slump: 3 - 5 inch d. Portland Cement shall conform to C-150 e. Aggregate shall conform to ASTM C-33 4. All reinforcement shall conform to ASTM A-615 grade 60.. 5. Reinforcing steel shall be detailed, fabricated; and placed in accordance with the latest ACI Detailing Manual and Manual of Standard Practice. 6. Whenever daily ambient temperatures are below 80 degrees Fahrenheit, the contractor may have mix accelerators and hot water added at the batch plant (See Table 1). 7. The contractor shall not pour any concrete when the daily ambient temperature is to be below 55 degrees Fahrenheit. Temperature Range % Accelerator Type Accelerator 7580 degrees F 1% High Early (non calcium) 7075 degrees F 2% High Early (non calcium) Below 70 degrees F 3% High Early (non calcium) 3.1.1 FOUNDATIONS A. The installation of fabric shade structures shall be performed by manufacturer or manufacturer -approved contractor, which shall be bonded and holding a current contractor's license with the State of Georgia's Contractors State License Board. All installation personnel must have experience in the erection of tensioned fabric structures. B. The installation shall comply with the manufacturer's instructions for ITl3 19-PROI 32 1 P a - e assembly, installation and erection, per approved drawings. C. Concrete: 1. Unless noted otherwise for footings and piers by the Project Engineer, the concrete specification for footings and/or piers shall meet a minimum 2,500psi at 28 -day strength. 2. Concrete work shall be executed in accordance with the latest edition of American Concrete Building Code ACI 318-99. 3. Concrete specifications shall comply in accordance with the Section 03300 Cast -in -Place Concrete, detailed as per plans, and shall be as follows: 28 Days Strength F'c = 2500 psi Aggregate: HR Slump: 3 - 5 inch Portland Cement shall conform to C-150 Aggregate shall conform to ASTM C-33 4. All reinforcement shall conform to ASTM A-615 grade 60. 5. Reinforcing steel shall be detailed, fabricated, and placed in accordance with the latest ACI Detailing Manual and Manual of Standard Practice. 6. Whenever daily ambient temperaturesarebelow 80 degrees Fahrenheit, the contractor may have mix accelerators and hot water added at the batch plant (See Table 1). 7. The contractor shall not pour any concrete when the daily ambient temperature is to be below 55 degrees Fahrenheit. ABLE 1 Temperature Range % Accelerator Type Accelerator 7580 degrees F 170 High Early (non calcium) 70-75 degrees F 2% High Early (non calcium) Below 70 degrees F 3% High Early (non calcium) D. All anchor bolts set in new concrete shall comply with ASTM F-1554 Grade 55 (Galvanized). E. Footings and full rebar cages shall be drilled, set, and poured as per manufacturer's specifications. Foundations will be a minimum of (1) @ 30" x 8'; (5) @ 30"x10' & (5) @ 36"x13' with full rebar cage, as per final approved manufacturer's engineered drawings. ITB 19-PROI 33 1 P a g e HOME OF' iLBt L 1;-E M1 LTON*k FSTARLISHFD 2006 [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] Bid Submittal Form - Bell Memorial Park Shade Structure Project (ITB 19-PR01) The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY ADDRESS AUTHORIZED SIGNATUR PRINT / TYPE NAME TITLE Total Bid Price Print Total Bid Price Number of days to fully complete the project (exclude weather delays): ITB 19-PRO1 341 Pa -, c 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 Section 10 1. 10 BOARD Section 101.14 COMMISSIONER Section 101.16 CONTRACT Section 1.01.22 DEPARTMENT DEFINITION AND TERMS Delete as written and substitute the following: CITY COUNCIL OF CITY OF MILTON, GEORGIA Delete as written and substitute the following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON Delete the second paragraph and substitute the following: The Contract Documents shall be composed of the Advertisement for Bid; Notice to Contractors; Form of Bid Proposal; General Conditions; Special Provisions; Detail Specifications, as identified in Section 105.03; Form of Contract; Form of Bond(s); Addenda; the drawings, including all changes incorporated herein before their execution; and also any Change Orders and Supplemental Agreements that are required to complete the construction of The Work in an acceptable manner, including authorized extensions thereof, all of which constitute one instrument. No oral agreement or orders are to be considered as valid or a part of the Contract. Delete as written and substitute the following: PUBLIC WORKS DEPARTMENT CITY OF MILTON ITB 1'9-PRO1 35 1 I' a g e Section 101.24 ENGINEER Section 101.47 STATE HIGHWAY ENGINEER Section 101.74 SUPPLEMENTAL AGREEMENT Section 101.84 Delete as written and substitute the following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON, ACTING DIRECTLY OR THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Delete as written and substitute following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON, ACTING DIRECTLY OR THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Retain as written and substitute the following: Any Supplemental Agreement that has a dollar value amount that is less than $25,000.00 shall not require the assent of the Surety." Add: DIRECTOR OF PUBLIC WORKS CITY OF MILTON SECTION 102 - BEDDING REQUIREMENTS AND CONDITIONS Section 102.05 EXAMINATION OF PLANS, Add the following paragraph: SPECIFICATIONS, SPECIAL PROVISIONS, "The City will not be responsible for AND SITE OF THE WORK Bidders' errors or misjudgment, nor for any infonnation on local conditions or general laws and regulations." Section 102.07 REJECTION OF PROPOSALS Add the following subparagraphs I. The City reserves the right to reject any and all bids, to waive technicalities, and to make an award as deemed in its best interest. It is understood that all bids are made subject to this Agreement, that the City reserves the right to award the bid to the lowest, responsible Bidder, and in arriving at this decision, full consideration will be given to the , reputation of the Bidder, his financial responsibility, and work of this type ITB 19-PRO'l 36 1 P a g e Section 102.08 PROPOSAL GUARANTY Add Section 102.15 ADDENDA AND INTERPRETATION Section 102.09 DELIVERY OF PROPOSALS: 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 2006 Heritage Walk Milton, Ga. 30004. TEL. 678/242-2500; FAX 678/242- 2499.Each such interpretation shall be given in writing, separately numbered and dated, and furnished to each interested Bidder. Any request not received in time to accomplish such interpretation and distribution will not be accepted. ITB 19-PRO1 37 1 P a g e SECTION 103 - AWARD OF AWARD AND EXECUTION OF CONTRACT Section 103.02 AWARD OF CONTRACT Section 103.05 REQUIREMENTS OF CONTRACT BONDS Section 103.07 FAILURE TO EXECUTE CONTRACT Delete in its entirety and substitute the following: "The contract, if awarded, shall be awarded to the lowest responsible bidder. The City of Milton reserves the right to exercise exclusive discretion as to the responsibility of any bidder. The contract shall be executed on the forms attached, will be subject to all requirements of the Contract Document,, and shall form a binding Contract between the contracting parties." Delete in its entirety and substitute the following: "At the time of the execution of the contract, and as a part thereof, the successful bidder shall furnish Contract Bond Below: Performance Bond in the full amount of the contract. Payment Bond in the full amount of the contract. Maintenance bond in the amount of one-third (1/3) of the contract. Delete in its entirety and substitute the following: "Failure to execute the Contract Performance, Payment or Maintenance Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days after the date of Notice of Award of the Contract, may be just cause for the annulment of the award and for the forfeiture of the proposal guaranty to the City of Milton, not as a penalty, but as liquidation of damages sustained. At the discretion of the City, the award may then be made to the next lowest bidder, may be re -advertised; or may be constructed by City forces. The Contract and Contract bonds shall be executed in quadruplicate." ITB 19-PRO1 38 1 P a g e 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 Section 109.08 FINAL PAYMENT Add the following paragraph: "The Contractor shall inspect all easements and rights-of-way to ensure that the City has obtained all land and rights-of-way necessary for completion of the Work to be performed pursuant to the Contract Documents. The Contractor shall comply with all stipulations contained in easements acquired by the Department." Add the following sentence to Paragraph A: "The Contractor is responsible for the location of above and below ground Utilities and structures which may be affected by the Work. MEASUREMENT AND PAYMENT Delete the first sentence of the Second Paragraph under `A. General As long as the gross value of completed work is less than 50% of the total Contract amount, or if the Contractor is not maintaining his construction schedule to the satisfaction of the Engineer, the Department shall retain 10% of the gross value of the work that has been completed as indicated by the current estimate certified by the Engineer for payment. Delete in its entirety and substitute the Following: "Final Payment: Upon completion by the Contractor of the work, including the receipt of any final written submission of the Contractor and the approval thereof by the Department, the CITY will pay the Contractor a sum equal to 100 percent (100%) of the compensation set forth herein, ITB 19-PRO1 39 1 1" a g e 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." ITB 19-PRO1 40 1 P a g e 'NOTICE TO CONTRACTORS' D AIR QUALITY RULES OPEN BURNING REFER TO CHAPTER 1 For additional/information, please contact: Georgia Department of Natural Resources Environmental Protection Division Air Protection Branch 4244 International Parkway, Suite 120 Atlanta, GA 30354 404/363-7000; 404/362-2534 - FAX ITB 19-PRO1 41 1 P a g e r s ! r No Text HOME OFTHEBEST OUAUYOFLIFE INGEORGA' CITY OF MILTON MILTON, INVITATION TO BID ESTABLISHED 20M (THIS IS NOT AN ORDER) Bid Number: Project Name: 19-PRO1 Bell Memorial Park Shade Structure Project Due Date and Time: City of Milton January 22, 2019 Number of Pages: 107 Local Time: 2:00pm 2006 Heritage Walk Milton, GA 30004 ISSUING DEPARTMENT INFORMATION Issue Date: January 3, 2019 City of Milton Phone: 678-242-2500 Public Works Department Fax: 678-242-2499 2006 Heritage Walk Website: www.cityofmiltonga.us Milton, GA 30004 INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/Package: Hendee Enterprises, Inc. Bid Number: 19-PR01 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office - Please print nam an igs k) 2006 Heritage Walk Milton, GA 30004 Special Instructions: Deadline for Written Questions 713-796-2322; ext 6117 January 11, 2019 at 5:00 pm Bidder Federal I.D. Number: Email questions to Honor Motes at 20-5581170 honor. motes@cit ofmilton a.us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authorized Bidder Signatory: Robert Veasey Hendee Enterprises, Inc. 9350 South Point Drive Houston, Texas 77054 - Please print nam an igs k) Bidder Phone Number: Bidder FAX Number: 713-796-2322; ext 6117 713-796-0494 Bidder Federal I.D. Number: Biddp.r E-mail Address: 20-5581170 y r d/d BID RESPONSE BIDDERS MUST RETURN THIS COVER SHEET WITH M772 - - - - - - - ���1�r1 e tti� 611121 s% C . Gc�ij ITB 19 -PRO 1 y 1 J.Pa g e HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON%lk ESTABLISHED 2006 11411131 11:?1LT1=11W_11 U LN 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: NumberBid Bell .: a . - Structure 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. 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. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces within ten (10) calendar days from the Notice to Proceed, and to complete all Work within forty-five (45) calendar days from the Notice to Proceed. If ITR 19-PRO1 13 P a g c weather affects the required completion schedule, the City and selected Bidder will negotiate a new completion date. Attached hereto is an executed Bid Bond in the amount of $2,968.25 Dollars ($ (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. ADD01 (10/16/18) SPECS01 (01/09/19) Date viewed 01/14/19 01/14/19 Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this 16th day of January , 20 19 BidderHendee Enterprises, Inc.(Seal) Company Name Bidder Mailing Address: Hendee Enterprises, Inc_ 9350 South Point Drive Houston, Texas 77054 Signature: Print Name: Robert Veasey Title: President ITB 19-PRO1 14 1 P a g c HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' T - -- I ESTABLISHED 2006 [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): Hendee Enterprises, Inc., 9350 South Point Drive, Houston, Texas 77054 SURETY (Name and Address of Principal Place of Business): SureTec Insurance Company, 9737 Great Hills Trail, Suite 320, Austin, Texas 78759 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: January22,2019 PROJECT (Brief Description Including Location): Bell Memorial Park Shade Structure Project -Bid #19-PR01 BOND BOND NUMBER: BID DATE (Not later that Bid due date): January 22,2019 PENAL S UM: Five Percent Greatest Amount Bid 5% GAB (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. Hendee Enterprises, Inc. (Seal) Bidder's Name and Corporate Seal By: Signature and Title Attest: Signatu and Titl . SURETY SureTec Insurance Com an S' al) Sure s Name and o Sea By:0�zlt Signature and Title: Dennis M. Descant, Jr., Attomey-in-Fact (Attach Power of Attorney) 1 Attest' Slgnatui� and TI Id�Montca L. Jenkins, Account Manager ITB 19-PRO1 15 1 P a Note (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by 'Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date.. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. ITB 19-PRO1 _. 16 1 P <t g e 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond_ Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offeror proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. ITB 19-PR01 17 IP a o e POA #: 4221073 LIMITEDcl SureTec Insurance Company POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Jeffrey L. Brady, Dennis M. Descant, Jr., Cheryl A. Sanders, Alicia Cantavella its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments ` or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Ten Million and 00/100 Dollars ($10,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until imil2019 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company Be it Resolved' that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizance, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certi$cate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is, attached. (Adopted at a meeting held on 20`h of April; 1999;) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, is corporate seal to be hereto affixed this 25th day of April , A.D. 2017 . SURETEC SUi2AN C FUS X~ 9"•�O r ' By: w�j wz� John Knox ., resi t State of Texas ss: County of Harris •�••......•• Wow. On this 15ih day of Apel , A.D. 2017 before me personally came John Knox Jr., to me known, who, being by me y sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that ho signed his narrre thoreto by like order. JACQUELYN GREENLEAF •�!` Oo�. s iNotary Public, State of Texas Comm. Expires 05-18-2021 Notary 1D 126903029 Jacq elyn Greenleaf, Notary Public My commission expires May 18, 2021 L M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 22nd day of January 2019 A.D. M. Brent Beaty, Assistant Sec etary Any Instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713)812-0800 any business day between 8:00 am and 5:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at I-800-252- 3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#:512-475-1771 Web: http://www.tdi.state.tx.us Email: ConsumerProtection@tdi.state.tx.us tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio -hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Texas Rider 010106 HOME OF `THEBEST QUALITY 4F LIFE IN GEORGIA' M1 LTON% ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature Date 01-16-2019 Print/Type Name Robert Veasey Print/Type Company Name Here Hendee Enterprises, Inc. CORPORATE CERTIFICATE I, v certify that I am the Secretary of the Cor oration WUecl as Contractor in the foregoing bid; that abff+ VQus&j who signed said bid in behalf of the Contractor, was then Tfitle) if'LS,dPliT 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 "R4CL5 This %Y4) day of 20-M— V (Seal) ignature) ITB 19-PROl 18 1 P a g c HOME OF THE BEST QUALITY OF LIFE IN GEORGIA' &I i LTONft ESTABLISHED 2006 I do X , do not -, propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name: Southeastern Shade (installer) 19 P g HOME OF 'THEBEST QUALITY OF LIFE IN GEORGIA' M1 LTON*k ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] EXHIBIT" D " CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 746457 eVerify Number 01/17/2014 Date of Authorization Hendee Enterprises, Inc. Name of Contractor Bell Memorial Park Shade Structure 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. S(� Executed on. d�il ,A,201in �" (city), fX (state). 'giLzjg���lnature of AIutth ed Officer or Ag/e%nt (CobCr/ Y Clcc55,- �fPgl`GY[n f Printed Name and T' e of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THE DAY OF 0-n All 11,rl 1 _,2014 . OTARYPU I FRJ [NOTARY SEAL] j Myy1D# �11019 iu^. :�• IEVUes J nuvy 21, 2023 My ComissioExpires: ' ITB 19-PRO1 20 1 P a g e HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' M L-T"ON ESTABLISHED 2006 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 Hendee Enterprises, 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.) WE List the dollar amount/value and description of each campaign contribution made over the post 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: au RM ITB 19-PRO1 HOME OF'THEBEST QUALITY OF LIFE IN GEORGIA' M1 LTON% ESTABLISHED 2006 [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] Bid Submittal Form - Bell Memorial Park Shade Structure Project (ITB 19-PRO1) The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY Hendee Enterprises, Inc. ADDRESS 9350 South Point Drive - Houston, Texas 77054 AUTHORIZED SIGNATUR PRINT / TYPE NAME Robert Veasey TITLE President Total Bid Price $ 59,365.00 Print Total Bid Price Fifty Nine Thousand Three Hundred Sixty Five and 00/100 Dollars Number of days to fully complete the project (exclude weather delays): 56 Days (8 weeks ITB 19-PRO1 34 1 P a g e MILTON'S WABL isi n n :oan ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 18-PR02 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: Hendee Enterprises, Inc. CONTACT PERSON: Yvonne Jones ADDRESS: 9350 South Point Drive CITY: Houston STATE: Texas ZIP: 77054 PHONE: 713-796-2322; ext 6117 FAX: 713-796-0494 L,ADDRESS: yvonnew@hendee.com 01-16-2019 Date ENDUM #1 IIE'a�e ITB 13-PR.02-Addcn.dum #.I ADDENDUM #1 ITB 18-PR02 1.,Do you have plans for this shade structure? - Answer: see below Ri 1#i r.oq0 a10 ♦t�, �►v+rr �'►1 ♦i�!ii j r�Ad'?4, A. ITB 1 8 -PRO 2 -Addendum #I J( J ---LM MP Q -O Aar. APPFMFRKTE sm Awl" CC O42AM APPWMIE am � O � dA ry /. N PLAN V1EW I XI i ARM 4AWC APPROX EDGE OF FOOTING (V,I.F.) 21Pa NU I tS: -THESE DRAWINGS ARE A PICTORIAL REPRESENTATION OF FABRIC AND STEEL ONLY, NONE OF THE REOUIRED ATTACHMENT OR CONNECTION DETAILS HAVE BEEN DEPICTED. -ALL DIMENSIONS AND HEIGHTS MUST BE FIELD VERIFIED PRIOR TO ANY FINAL DESIGN. FABRICATION OR INSTALLATION WORK, -FINAL FOOTING TYPE AND SIZE WILL BE DETERMINED AT ENGINEERING PHASE, Nor s MIM 1 cm a -t Not AP I%oPntAtt PERSPECTIVE VIEW ITB 18-PR02-Addendum #1 84'TYP. CLEARANCE TOPS TO BE REMOVED PLAYGROUND WHEN EXCEEDING 90 MPH PLATFORMS NOMINAL WIND SPEED c� E? d ilii 111111 FINISHED SURFACE SOUTH ELEVATION TOPS TO BE REMOVED WHEN EXCEEDING 90 MPH NOMINAL WIND SPEED 84"TYP. CLEARANCE PLAYGROUND PLATFORMS FINISHED SURFACE WEST ELEVATION 4 1 P g I T B 1 8 - P R 0 2 - A d d e n d u ni # 0 CERTIFICATE OLIABILITY INSURANCE DATE.(MM/DD/YYYY) 2/27/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain Policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Brady, Chapman, Holland & Associates 10055 West Gulf Bank Houston TX 77040 CONTACT NAME: PHONE FAX • 713-688-1500 A/c No): 713-688-7967 E-MAIL eCSR24@bch-insurance.com INSURER(S) AFFORDING COVERAGE MAIC# INSURER A: Transportation Insurance Co. CNA 20494 6043476231 INSURED HENDEEENTE1 Hendee Enterprises, Inc. 9350 South Point Drive INSURER B: Continental Insurance Company 35289 INSURER C: Continental Casualty Co. CNA 20443 INSURER D: Houston TX 77054 INSURER E : INSURER F: rnVFRAnPA rFRTIFir®TF NI IMRFR• R1IgR7131 RFVISInN NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 6043476231 12/31/2018 12/31/2019 EACH OCCURRENCE $1,000,000 CLAIMS -MADE � OCCUR PREMISES Ea occu D nce $ 300,000 MED EXP (Any one person) _$ 15,000_ PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY F)�] jECT ® LOC PRODUCTS -COMP/OPAGG $2,000,000 $ OTHER: B AUTOMOBILE LIABILITY 6043476245 12/31/2018 12/31/2019 COEaMBINEDSINGLE LIMIT $ 1,000,000 accident _ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS IX BODILY INJURY .(Per accident) $ PROPERTY DAMAGE $ Per accident X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY B X UMBRELLALIAB X OCCUR CUE6043476262 12/31/2018 12/31/2019 EACH OCCURRENCE $5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DED I X I RETENTION $ in non $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE WC643476259 12/31/2018 12/31/2019 X STATUTE ER _ E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) NIA E.L. DISEASE - EA EMPLOYEE $ 1,000;000 If yon, doscdba undor DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 A Leased/Rented Equipment 6043476231 12/31/2018 12/31/2018 Any One Item $375,000 Maxium Any One Loss $515,000 7 Deductible $1,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD. 101, Additional Remarks Schedule, may be attached if morespace is required) The policy includes Blanket additional insured on the general liability perform CNA75101 01/15 and CNA75079 1/15 automobile perform SCA23500D , with a waiver of subrogation on the general liability per form CNA75101 01/15 , automobile per form CA0444 10/13 and workers compensation per form WC 42 03 04 B 06/14 when required by written contract. This insurance is primary and non-contributory as respects general liability per form CNA75101 01/15. Leased & Rented Equipment Includes Lender Loss Payable Clause per form #G15028A 08/89 Bell Memorial Park Shade Structure Project to"Ia City of Milton 2006 Heritage Walk Milton GA 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE A 'd"' ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CNA PARAMOUNT 1,Manufacturers' General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured - Primary And Non -Contributory To Additional Insured's Insurance 3. Bodily Injury — Expanded Definition 4. Broad Knowledge of Occurrence/ Notice of Occurrence 5. Broad Named Insured 6. Estates, Legal Representatives and Spouses 7. Expected Or Intended Injury — Exception for Reasonable Force 8. In Rem Actions 9. Incidental Health Care Malpractice Coverage 10. Joint Ventures/Partnership/Limited Liability Companies 11. Legal Liability — Damage To Premises 12. Medical Payments 13. Non -owned Aircraft Coverage 14. Non -owned Watercraft 15. Personal And Advertising Injury — Discrimination or Humiliation 16. Personal And Advertising Injury - Limited Contractual Liability 17. Property Damage — Elevators 18. Supplementary Payments 19. Property Damage — Patterns, Molds and Dies 20. unintentional Failure To Disclose Hazards 21. Waiver of Subrogation — Blanket CNA75101XX (1-15) Policy N0: 6043476231 Page 1 of 14 Endorsement No: 6 TRANSPORTATION INSURANCE COMPANY Effective Date: Insured Name: HENDEE ENTERPRISES, INC. 12/31/2018 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT Manufacturers' General Liability Extension Endorsement a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through K. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through K. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Grantor of Franchise Any person or organization that has granted a franchise to a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury as grantor of a franchise to the Named Insured. D. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Blamed Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. CNA75101XX (1-15) Policy No: 6043476231 Page 2 of 14 Endorsement No: 6 TRANSPORTATION INSURANCE COMPANY Effective Date: 12/31/2018 Insured Name`. HENDEE ENTERPRISES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc:, with its permission. CNA PARAMOUNT Manufacturers' General Liability Extension Endorsement E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. H. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products -completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. CNA75101XX (1-15) Page 3 of 14 TRANSPORTATION INSURANCE COMPANY Insured Name: HENDEE ENTERPRISES, INC. Policy No: Endorsement No: Effective Date: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 6043476231 6 12/31/2018 A PARAMOUNT Manufacturers' General Liability • Endorsement I. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products -completed operations hazard. Any person or organization but only with respect to such person or organization's liability for bodily injury or property damage arising out of your products which are distributed or sold in the regular course of such person or organization's business, provided that: 1. The coverage granted by this paragraph does not apply to; a. bodily injury or property damage for which such person or organization is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless such liability exists in the absence of the contract or agreement; b. any express warranty unauthorized by the Named Insured; c. any physical or chemical change in any product made intentionally by such person or organization; d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. any failure to make any inspections, adjustments, tests or servicing that such person or organization has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. demonstration, installation, servicing or repair operations, except such operations performed at such person or organization's premises in connection with the sale of a product; g. products which, after distribution or sale by the. Named Insured, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for such person or organization; or h. bodily injury or property damage arising out of the sole negligence of such person or organization for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) the exceptions contained in Subparagraphs d. or f. above; or (2) such inspections, adjustments, tests or servicing as such person or organization has agreed with the Named Insured to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This Paragraph J. does not apply to any insured person or organization, from whom the Named Insured has acquired such products, nor to any ingredient, part or container, entering into, accompanying or containing such products. CNA75101XX (1 - 15) Policy No: 6043476231 Page 4 of 14 Endorsement No: 6 TRANSPORTATION INSURANCE COMPANYEffective Date: 12/31/2018 Insured Name: HENDEE ENTERPRISES, INC. copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Manufacturers' General Liability Extension Endorsement 3. This Paragraph J. also does not apply: a. to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part; b. to any of your products for which coverage is excluded by endorsement to this Coverage Part; nor c. if bodily injury or property damage included within the products -completed operations hazard is excluded by endorsement to this Coverage Part. K. Other Person Or Organization/ Your Work Any person or organization who is not an additional insured under Paragraphs A. through J. above. Such additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury for which such additional insured is liable because of the Named Insured's acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: 1. for bodily injury, property damage, or personal and advertising injury arising out of the rendering or failure to render any professional service; 2. who is specifically scheduled as an additional insured on another endorsement to this Coverage Part; nor 3. for bodily injury or property damage included within the products -completed operations hazard except to the extent all of the following apply: a. this Coverage Part provides such coverage; b. the written contract or agreement described in the opening paragraph of this ADDITIONAL INSUREDS Provision requires the Named Insured to provide the additional insured such coverage; and c. the bodily injury or property damage results from your work that is the subject of the written contract or agreement, and such work has not been excluded by endorsement to this Coverage Part. 2. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE A. The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph I.K. of this endorsement, the following sentence is added to the paragraph above: Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY — EXPANDED DEFINITION Under DEFINITIONS the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE CNA75101XX (1-15) Policy No: 6043476231 Page 5 of 14 Endorsement No: 6 TRANSPORTATION INSURANCE COMPANY Effective Date: Insured Name: HENDEE ENTERPRISES, INC. 12/31/2018 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT Manufacturers' General Liability o Endorsement The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured; or to an employee designated by any of the above to give such notice. The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. AEM WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, and of this endorsement's JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation, or the members of the management board of a limited liability company; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4.. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing -business -as names (dba) as any Named Insured should choose to employ. CNA75101XX (1-15) Page 6 of 14 TRANSPORTATION INSURANCE COMPANY Insured Name: HENDEE ENTERPRISES, INC. Policy No: 6043476231 Endorsement No: 6 Effective Date: 12/31/2018 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. j`a PARAMOUNT Manufacturers' General Liability Extension Endorsement A 1 1 The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. Under COVERAGES — Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended .Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 8. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 9. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability the Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for 'exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: CNA75101XX (1-15) Policy No: 6043476231 Page 7 of 14 Endorsement No: 6 TRANSPORTATION INSURANCE COMPANY Effective Date: 12/31/2018 Insured Name: HENDEE ENTERPRISES, INC. copyright CNA All Rights Reserved: Includes copyrighted material of Insurance Services Office, Inc., with its permission. A PARAMOUNT Manufacturers' General Liability Extension Endorsement Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iiia add the following additional exclusions. This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: L add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; L Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. CNA75101XX (1-15) Policy No: 6043476231 Page 8 of 14 Endorsement No: 6 TRANSPORTATION INSURANCE COMPANY Effective Date: Insured Name: HENDEE ENTERPRISES, INC. 12/31/2018 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc„ with its permission. 1" CNA PARAMOUNTManufacturers' General Liability Extension Endorsement ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: • the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co -employee while in the course of the co -employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. • the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co -volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. c. add the following: Insured does not include any physician while acting in his or her capacity as such. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: M Other Insurance N N b. Excess Insurance 0 (1) To the extent this insurance applies; it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 10. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to: • the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations; nor • the conduct of a current or past limited liability company in which a Named Insured's interest does/did not rise to the level of management control; except that if the Named insured was a joint venturer, partner, or member of such a limited liability company, and such joint venture; partnership or limited liability company terminated prior to or during the policy period, then such CNA75101XX (1-15) Policy No: 6043476231 Page 9 of 14 Endorsement No: 6 TRANSPORTATION INSURANCE COMPANY Effective Date: 12/31/2018 Insured Name: HENDEE ENTERPRISES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office; Inc., with its permission. CNA PARAMOUNT Manufacturers' General Liability Extension Endorsement Name d Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. A. Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the first paragraph immediately following subparagraph (6) of the Damage to Property exclusion and replace it with the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. E. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner; nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in the LIMITS OF INSURANCE Section. C. LIMITS OF INSURANCE is amended to delete Paragraph 6. (the Damage To Premises Rented To You Limit) and replace it with the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under COVERAGE A for damages because of property damage to: a. any one premises while rented to a Named Insured or temporarily occupied by a Named Insured with the permission of the owner; and b. contents of such premises if the premises is rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is $200,000. unless a higher Damage to Premises Rented to You Limit is shown in the Declarations. D. The Other Insurance Condition is amended to delete Paragraph b.(1)(a)(ii), and replace it with the following: (Ii) That is property insurance for premises rented to a Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; E. This Provision 11. does not apply if liability for damage to premises rented to a Named Insured is excluded by another endorsement attached to this Coverage Part. 12. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: CNA75101XX (1-15) Policy No: 6043476231 Page 10 of 14 Endorsement No: 6 TRANSPORTATION INSURANCE COMPANY Effective Date: Insured Name: HENDEE ENTERPRISES, INC. 12/31/2018 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT �x Manufacturers' General Liability Extension Endorsement 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C — Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: or (2) the amount shown in the Declarations for Medical Expense Limit. B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and 13, NON -OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 14. NON -OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 15. PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: N O a Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: = 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not _® apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or CNA75101XX (1-15) Policy No: 6043476231 Page 11 of 14 Endorsement No: 6 TRANSPORTATION INSURANCE COMPANY Effective Date: 12/31/2018 Insured Name: HENDEE ENTERPRISES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Manufacturers' General Liability Extension Endorsement (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from • Provision 1. ADDITIONAL INSUREDS of this endorsement; or attachment of an additional insured endorsement to this Coverage Part. 16. PERSONAL AND ADVERTISING INJURY LIMITED CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability and replace it with the following:' This insurance does not apply to: Contractual Liability Personal and advertising injury for which the Insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) that the Insured would have in the absence of the contract or agreement; or (2) assumed in a contract or agreement that is an insured contract provided the offense that caused such personal or advertising injury first occurred subsequent to the execution of such insured contract. Solely for the purpose of liability assumed in an insured contract, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an Insured are deemed to be damages because of personal and advertising injury provided: (a) liability to such party for, or for the cost of, that party's defense has also been assumed in such insured contract; and (b) such attorney fees and litigation expenses are for defense of such party against a civil or alternative dispute resolution proceeding in which covered damages are alleged. B. Solely for the purpose of the coverage provided by this paragraph, DEFINITIONS is amended to delete the definition of insured contract in its entirety, and replace it with the following: Insured contract means that part of a written contract or written agreement pertaining to the Named Insured's business under which the Named Insured assumes the tort liability of another party to pay for personal or advertising injury arising out of the offense of false arrest, detention or imprisonment. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. CNA75101XX (1-15) Policy No: 6043476231 Page 12 of 14 Endorsement No: 6 TRANSPORTATION INSURANCE COMPANY Effective Date: Insured Name: HENDEE ENTERPRISES, INC. 12/31/2018 copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT Manufacturers' General Liability Extension Endorsement C. Solely for the purpose of the coverage provided by this paragraph, the following changes are made to the Section entitled SUPPLEMENTARY PAYMENTS —COVERAGES AAND B: 1. Paragraph 2x±isreplaced bythe : d. The allegations inthe suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the 2. The first unnumbered paragraph beneath Paragraph isdeleted and replaced bythe following: So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Notwithstanding the provisions of Paragraph e.(2) of the Contractual Liability exclusion (as amended by this Endorsement), such payments will not be deemed to be damages for pmrmnmm| and advertising injury and will not reduce the limits of insurance. D. This PERSONAL AND ADVERTISING INJURY -LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. A. Under COVERAGES.CoveragwA—Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions isamended such that the Damage tmYour Product Exclusion and subparagraphs (3)WAand (6)of the Damage tmProperty Exclusion donot apply Voproperty damage that results from the use ofelevators. B. Solely for the purpose of the coverage provided by this PROPERTY D/k08&GE — ELEVATORS Provision, the Other Insurance conditions ioamended hoadd the following paragraph: This insurance is exooan over any of the other insVmnce, whether primary, oxceou, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 18.SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS —COVERAGES A AND Binamended eofollows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph i.d. is amended to delete the |irnu of $250 shown for daily loss of earnings and replace it with a $1,000. limit. � 10. PROPERTY DAMAGE - PATTERNS MOLDS AND DIES Under COVERAGES, Coverage A—Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraphs (_ and ) of the Exclusion entitled Damage to Prm9erty, but only with respect to patterns, molds or dies that are in the care, custody or control of the Insured, and only if such patterns, molds or dies are not being used to pedbnn operations at the time of loss. 8 limit pfinsurance of $25,000 per policy period applies tothis PROPERTY DAMAGE - PATTERNS MOLDS AND DIES coverage, and this limit: A. is included within the General Aggregate Limit as described in LIMITS OF INSURANCE; and B. applies excess over any valid and collectible property insurance available to the Insured, including any deductible applicable to such insurance; the Other Insurance condition is changed accordingly. == CNA75101XX(1'15) PnUuyNo: 6043476231 Page 13of14 Endorsement No: 6 TaamSeoRzazzom INSURANCE COMPANY Effective Date: � 12/31/2018 Insured Name: HEnnDEE ENTERPRISES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., withits permission. CNA CNA PARAMOUNT Manufacturers' General Liability Extension Endorsement 20. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 21. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75101XX (1-15) Policy No: 6043476231 Page 14 of 14 Endorsement No: 6 TRANSPORTATION INSURANCE COMPANY Effective Date: 12/31/2018 Insured Name: HENDEE ENTERPRISES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional insured on this coverage part, including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However, such person or organization is an Insured only with respect to such person or organization's liability for: A. unless paragraph B. below applies, 1. bodily injury, property damage, or personal and advertising injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured's ongoing operations as specified in such written contract; or 2. bodily injury or property damage caused in whole or in part by your work and included in the products - completed operations hazard, and only if a. the written contract requires the Named Insured to provide the additional insured such coverage; and b. this coverage part provides such coverage. B. bodily injury, property damage, or personal and advertising injury arising out of your work described in such written contract, but only if: 1. this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard; and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. IL Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. III. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. However, if this insurance is required by written CNA75079XX (1-15) Policy No: 6043476231 Page 1 of 2 Endorsement No: 11 TRANSPORTATION INSURANCE COMPANY Effective Date: 12/31/2018 Insured Name: HENDEE ENTERPRISES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. contract to be primary and non-contributory, this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (1-15) Policy No: 6043476231 Page 2 of 2 Endorsement No: 11 TRANSPORTATION INSURANCE COMPANY Effective Date: Insured Name: HENDEE ENTERPRISES, INC. 12/31/2018 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA SCA 23 500D (Ed. 10/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTENDED COVERAGE ENDORSEMENT - BA PLUS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILTY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an "insured" under any other liability "policy" providing "auto" coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) "Bodily injury" or "property damage" caused by an "accident" that occurred before you acquired or formed the organization; or (2) Any such organization that is an "insured" under any other liability "policy" providing "auto" coverage. 3. Any person or organization that you are obligated to provide Insurance where required by a written contract or agreement is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. 4. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2.a.(2) and A.2.a.(4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is increased from $2,000 to $5,000, and 2. In a.(4), the limit for the loss of earnings is increased from $250 to $500 a day. C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Towing Section III. Paragraph A.2., is revised to include Light Trucks up to 10,000 pounds G.V.W. B. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered "auto," any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. C. Transportation Expenses Section III, Paragraph AA.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. D. Loss of Use Expenses Section III, Paragraph AA.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. E. Personal Property The following is added to Section III, Paragraph A.4. "Policy," as used in this provision A. Who Is An c. We will pay up to $500 for loss to Personal Insured, includes those policies that were in force on Property which is: the inception date of this Coverage Form but: (1) Owned by an "insured"; and SCA 23 500D copyright, CNA corporation, 2000. Page 1 of 3 (Ed. 10/11) Includes copyrighted material of the Insurance Services Office used with its permission. (2) In or on the covered "auto." This coverage applies only in the event of a total theft of your covered "auto." This insurance is excess over any other collectible insurance and no deductible applies. F. Rental Reimbursement The following is added to Section III, Paragraph AA.: d. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto." Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto." No deductibles apply to this coverage. 1. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto"; or, (b) 15 days. 2. Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred; or, (b) $25 per day subject to a maximum of $375. 3. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 4. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension. G. Hired "Autos" The following is added to Section Iii. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered "auto" you lease, hire, rent or borrow without a driver; and b. Any covered "auto" hired or rented by your "employee" without a driver, under a contract in that individual "employee's" name, with SCA 23 500D (Ed. 10/11) your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one "accident" or "loss" is the actual cash value, cost of repair, cost of replacement or $75,000 whichever is less minus a $500 deductible for each covered auto. No deductible applies to "loss" caused by fire or lightning. d. The physical damage coverage as is provided by this provision will be limited to the types of physical damage coverage(s) provided on your owned "autos." e. Such physical damage coverage for hired "autos" will: (1) Include loss of use, provided it is the consequence of an "accident" for which the Named Insured is legally liable; and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision G.e.(1) will be subject to a limit of $750 per "accident." H. Airbag Coverage The following is added to Section Ill, Paragraph B.3. The accidental discharge of an airbag shall not be considered mechanical breakdown. I. Electronic- Equipment Section Ill, Paragraphs B.4.c and BA.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered "auto" also applies to "loss" to any permanently installed electronic equipment including its antennas and other accessories d. A $100 per occurrence deductible applies to the coverage provided by this provision. J. Diminution In Value The following is added to Section III, Paragraph B.6. Subject to the following, the "diminution in value" exclusion does not apply to: a. Any covered "auto" of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered "auto" of the private passenger type hired or rented by your "employee" without a driver for a period of 30 days or less, under a contract in that individual SCA 23 500D Copyright, CNA Corporation, 2000. Page 2 of 3 (Ed. 10/11) Includes copyrighted material of the Insurance Services Office used with its permission. "employee's" name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a "diminution in value" loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for "loss" to a covered "auto" in any one accident is the lesser of: (1) $5,000; or (2) 20% of the "auto's" actual cash value (ACV) III. Drive Other Car Coverage — Executive Officers The following is added to Sections II and III: 1. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers," except: a. An "auto" owned by that "executive officer" or a member of that person's household; or b. An "auto" used by that "executive officer" while working in a business of selling, servicing, repairing or parking "autos." Such Liability and/or Physical Damage Coverage as is afforded by this provision will be: (1) Equal to the greatest of those coverages afforded any covered "auto"; and (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by- laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. SCA 23 500D (Ed. 10/11) Such "executive officers" are "insureds" while using a covered "auto" described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a. (4) Your "employees" may know of an "accident" or "loss." This will not mean that you have such knowledge, unless such "accident" or "loss" is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b. (6) Your "employees" may know of documents received concerning a claim or "suit." This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2. Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. C. Policy Period, Coverage Territory Section IV, Paragraph B.7.b.(5) is revised to provide: a. 45 days of coverage in lieu of 30 days V. DEFINITIONS Section V. Paragraph C. is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these SCA 23 500D Copyright, CNA Corporation, 2000. (Ed. 10/11) Includes copyrighted material of the Insurance Services Office used with its permission. Page 3 of 3 This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: HENDEE ENTERPRISES, INC. Endorsement Effective Date: 12/31/2018 Name(s) Of Person(s) Or Organization (s): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the 'loss" under a contract with that person or organization. CA 0444 10 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 CNA Workers Compensation And Employers Liability Insurance Policy Endorsement TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ❑ Specific Waiver Name of person or organization X❑ Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas Operations 3. Premium: The premium charge for this endorsement shall be 2% percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Refer to Schedule of Operations All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 42 03 04 B (06-2014) Policy No: WC 6 43476259 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 12/31/2018 Endorsement No: 5; Page: 1 of 1 Policy Page: 34 of 38 Underwriting Company: Continental Casualty Company, 333 S Wabash Ave, Chicago, IL 60604 '-'' Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. P.O. BOX 87486 1,q HOUSTON TEXAS 77287 713-641-0436 FAX 713-649-1304 WELDER, WELDING OPERATOR, OR TACK WELDER QUALIFICATION TEST RECORD Type of Welder: Flux Core Are Welder Test # 85325 Welder Name: Jose Limon Emp. No. 70308 Stamp: 5 Welding Procedure Specification No. FCAW Grp .Il Date: 115/2018 Fillet Test Results (4.31.2.3 and 4.31.4.1) Appearance N/A Fillet Size N/A Fracture Test Root Penetration N/A (Describe the location, nature, and size of any crack or tearing of the specimen) N/A Test Conducted By: Laboratory Test No. 85325 Date: 1/5/18 Per: of inspection Services, Inc. Radiographic Test Results (431.3.1) Film I.D.. N/A Results Remarks The undersigned certify that the statements in this record are correct and that the welds were prepared and tested in accordance with the requirements of section 4 of AWS D1.1 ( 2015 ) Structural Welding Code - Steel. Company: Hendee Enterprises Authorized By: Dater Record Actual Values Variables Used in Qualification Qualification Range Process/ Type [Table 4.10, Item (1)] FCAW Semi -Auto FCAW Semi -Auto Electrode (single or Multiple) [fable 4.10, Item (8)] Single Single Current / Polarity DCEP DCEP Position [Table 4.10, Item (4)] 6G ALL Weld progression [table 4.10, Item(6)] Vert,: Up ALL Backing (Yes or No) [Table 4.10, ltem(7)] Yes With backing or weld met; Material Specification API X 52 Carbon & Low Alloy Steel Base Metal Group I & 11 Thickness: (Plate) Groove N/A 125" - Unlimited Fillet N/A All Thickness: (Pipe /Tube) Groove .562" 4" OD & Over Fillet N/A Table 4.11 Noted Diameter: (Pipe) Also qualifies any fillet or Groove 6 5/8" PJP weld size on any Fillet N/A thickness of plate, pipe or Filler Metal [Table 4.10, Item (3)] tubing, plug and slot weld: Specification No, 5,20 5.20 Class E71T-1 E 7XX -XX F - No. [Table 4.10, Item (2)] 6 All F6 Classes Gas/ Flux type [Table 4. 10, Item (3)] 75% Arg. 25% Co2 75% Arg. 25% Co2 Other: Electrode Size: .045 .045' -.062" VISUAL EXAMINATION RESULTS (4.9.1) JewsTEv ns Acceptable: X Yes or No CVW 94120271 1 eXP. 1211/2018 Guided Bend Test Results (4.31..5) Type Results Type Results 6G - S1 Satisfactory 6G - S3 Satisfactory 6G - S2 SatisfactorV 6G - S4 Satisfactory Fillet Test Results (4.31.2.3 and 4.31.4.1) Appearance N/A Fillet Size N/A Fracture Test Root Penetration N/A (Describe the location, nature, and size of any crack or tearing of the specimen) N/A Test Conducted By: Laboratory Test No. 85325 Date: 1/5/18 Per: of inspection Services, Inc. Radiographic Test Results (431.3.1) Film I.D.. N/A Results Remarks The undersigned certify that the statements in this record are correct and that the welds were prepared and tested in accordance with the requirements of section 4 of AWS D1.1 ( 2015 ) Structural Welding Code - Steel. Company: Hendee Enterprises Authorized By: Dater METALS INSPECTION I ,I P.O. BOX 87486 z HOUSTON TEXAS 77287 713-641-0436 FAX 713-649-1304 WELDER, WELDING OPERATOR, OR TACIT WELDER QUALIFICATION TEST RECORD Type of Welder: Flux Core Arc Welder Test ## 85324 Welder Name: Marcelo Gonzales Emp. No. 11259 Stamp: M Welding Procedure Specification No. FCAW Grp .II Date: 1/5/2018 Variables Used in Qualification Process/ Type [Table 4.10, Item (1)] FCAW Semi -Auto Electrode (single or Multiple) [fable 4.10, Item (8)] Single Current / Polarity DCEP Position [Table 4.10, Item (4)] Weld progression [table 4.10, Item(6)] Backing (Yes or No) [Table 4.10, Item (7)] Material Specification Base Metal Thickness: (Plate) Groove Fillet Thickness: (Pipe / Tube) Groove Fillet Diameter: (Pipe) Groove Fillet Filler Metal [Table 4.10, Item (3)] Specification No. Class F - No. [Table 4.10, Item (2)] Gas/ Flux type [Table 4.10, Item (3)] Other: Electrode Size: 6G Vert,. Up Yes API X 52 N/A N/A .562" N/A 6 5/8 N/A 5.20 E71T-1 6 75% Ara. 25% Co2 .045" VISUAL EXAMINATION RESULTS (4.9 1) Acceptable: X Yes or No Guided Bend Test Results (4....5) Type Results Type 6G - S1 Satisfactory 6G - S3 6G - S2 Satisfactory 6G - S4 Fillet Test Results (4.31.2.3 and 4.31.4,1) Qualification Range FCAW Semi -Auto 199k DCEP ALL ALL With backing or weld metal Carbon & Low Alloy Steel Group I&II ,125" - Unlimited All 4" OD & Over 5.20 E 7XX -XX All F6 Classes 75% Arg. 25% Cot .045" - .062" Results Satisfactory Satisfactory Appearance N/A Fillet Size N/A Fracture Test Root Penetration N/A (Describe the location, nature, and size of any crack or tearing of the specimen) N/A Test Conducted By: _ ,' , - Laboratory Test No. 85324 Date: 1/5/18 Per: of inspection Services, Inc. Radiographic Test Results (4.31.3.1) Film I.D.. N/A Results Remarks The undersigned certify that the statements in this record are correct and that the welds were prepared and tested in accordance with the requirements of section 4 of AWS D1.1 ( 2015 ) Structural Welding Code Steep. Company: Hendee Enterprises Authorized By: Date: T P:O, BOX 87486 i1 > HOUSTON TEXAS 77287 713-641-0436 FAX 713-649-1304 WELDER, WELDING OPERATOR, OR TACK WELDER QUALIFICATION TEST RECORD Type of Welder: Flux Core Arc Welder Test # 85404 Weider Name: J, Gatlin Emp. No. 70309 Stamp: Welding Procedure Specification No. FCAW Grp .Il Date: 2/13/2018 Fillet Test Results (4.31.2.3 and 4.31.4.1) Appearance N/A Fillet Size N/A Fracture Test Root Penetration N/A (Describe the location, nature, and size of any crack or tearing of the specimen) N/A Test Conducted By: �� ' Laboratory Test No. 85404 Date: 2/13/18 Per: %Leto inspection Services, Inc. Radiographic Test Results (4.31.3.1) Film I.D.. N/A Results Remarks The undersigned certify that the statements in this record are correct and that the welds were prepared and tested in accordance with the requirements of section 4 of AWS D1,1 ( 2015 ) Structural Welding Code - Steel. Company: Hendee Enterprises Authorized By: Date: Record Actual Values Variables Used in Qualification Qualification Range Process/ Type [Table 4. 10, Item (1)] FLAW Semi -Auto FCAW Semi -Auto Electrode (single or Multiple) [Table 4. 10, Item (8)] Single Single Current / Polarity DCEP DCEP Position [Table 4.10, Item (4)] 6G ALL Weld progression[table 4.10, Item(6)] Vert.. Up ALL Backing (Yes or No) [Table 4.10, Item(7)] Yes With backing or weld metal Material Specification API X 52 Carbon & Low Alloy Steel Base Metal Group I & II Thickness: (Plate) Groove N/A .125" - Unlimited Fillet N/A All Thickness: (Pipe / Tube) Groove .562" 4" OD & Over Fillet N/A Table 4.11 Noted Diameter: (Pipe) Also qualifies any fillet or Groove 6 5/8" PJP weld size on any Fillet N/A thickness of plate, pipe or Filler Metal [table 4. 10, Item (3)] tubing, plug and slot welds. Specification No. 5.20 5.20 Class E71T-1 E 7XX -XX F - No. [Table 4.10, Item (2)] 6 All F6 Classes Gas/ Flux type [Table 4. 10, Item (3)] 75% Arg. 25% C22 75% Arg. 25% Cot Other: Electrode Size: ,045" .045" - .062" VISUAL EXAMINATION RESULTS (4.9.1) James TE s Acceptable: X Yes or No CM 94120271 OCI . 12/1/2019 Guided Bend Test Results (4.31.5) Type Results Type Results 6G - S1 Satisfactory 6G -S3 Satisfactory 6G - S2 Satisfactory 6G - S4 Satisfactory Fillet Test Results (4.31.2.3 and 4.31.4.1) Appearance N/A Fillet Size N/A Fracture Test Root Penetration N/A (Describe the location, nature, and size of any crack or tearing of the specimen) N/A Test Conducted By: �� ' Laboratory Test No. 85404 Date: 2/13/18 Per: %Leto inspection Services, Inc. Radiographic Test Results (4.31.3.1) Film I.D.. N/A Results Remarks The undersigned certify that the statements in this record are correct and that the welds were prepared and tested in accordance with the requirements of section 4 of AWS D1,1 ( 2015 ) Structural Welding Code - Steel. Company: Hendee Enterprises Authorized By: Date: METALS INSPECTION SERVICES, INC. P.O. BOX 87486 �'- HOUSTON TEXAS 77287 713-641-0436 FAX 713-649-1304 WELDER, WELDING OPERATOR, OR TACK WELDER QUALIFICATION TEST RECORD Type of Welder: Flux Core Arc Welder Test # 85402 Welder Name: Denesh Emp, No. 11119 Stamp: Welding Procedure Specification No. FCAW Grp .II Date: 2/13/2018 The undersigned certify that the statements in this record are correct and that the welds were prepared and tested in accordance with the requirements of section 4 of AWS D1.1 ( 2015 ) Structural Welding Code - Steel. Company: Hendee Enterprises Authorized By: Date: Record Actual Values Variables Used in Qualification Qualification Range Process/ Type [Table 4.10, Item (1)] FCAW Semi -Auto FCAW Semi -Auto Electrode (single or Multiple) [Table 4.10, Item (8)] Single Single Current / Polarity DCEP DCEP Position [Table 4.10, Item (4)] 6G ALL Weld progression [table 4.10, Item(6)] Vert... Up ALL Backing (Yes or No) [Table 4.10, Item(7)] Yes With backing or weld metal Material Specification API X 52 Carbon & Low Alloy Steel Base Metal Group 1 & II Thickness: (Plate) Groove N/A :125" - Unlimited Fillet N/A All Thickness: (Pipe / Tube) Groove .562" 4" OD & Over Fillet N/A Table 4.11 Note d Diameter: (Pipe) Also qualifies any fillet or Groove 6 5/8" PJP weld size on any Fillet N/A thickness of plate, pipe or Filler Metal [Table 4.10, Item (3)] tubing, plug and slot welds. Specification No. 5.20 5.20 Class E71T-1 E 7XX -XX F - No. [Table 4. 10, Item (2)] 6 All F6 Classes Gas/ Flux type [Table 4.10, Item (3)] 75% Ara. 25% Co2 75% Arg. 25% Co2 Other: Electrode Size: .045' .045"-.062" VISUAL EXAMINATION RESULTS (4.9.1) James T Evans Acceptable: X Yes or No CMn 94120271 4�8r1 EXP. 12/1/2016 Guided Bend Test Results (4.31.5) Type Results Type Results 6G - S1 Satisfactory 6G - S3 Satisfactory 6G - S2 Satisfactory 6G - S4 Satisfactory Fillet Test Results (4.31.2.3 and 4.31.4.1) Appearance N/A Fillet Size N/A Fracture Test Root Penetration N/A (Describe the location, nature, and size of any crack or tearing of the specimen) N/A Test Conducted By: " ,-- Laboratory Test No. 85402 Date: 2/13118 Per: %efo inspection Services, Inc. Radiographic Test Results (4.31.3.1) Film I.D.. N/A Results Remarks The undersigned certify that the statements in this record are correct and that the welds were prepared and tested in accordance with the requirements of section 4 of AWS D1.1 ( 2015 ) Structural Welding Code - Steel. Company: Hendee Enterprises Authorized By: Date: METALS INSPECTION i P.O. BOX 87486 'I HOUSTON TEXAS 77287 713-641-0436 FAX 713-649-1304 WELDER, WELDING OPERATOR, OR TACK WELDER QUALIFICATION TEST RECORD Type of Welder: Flux Core Arc Welder Test # 85374 Welder Name: Raul Lopez Emp. No. 11260 Stamp: Welding Procedure Specification No. FCAW Grp .II Date: 2/1/2018 Variables Used in Qualification Process/ Type [Table 4.10, Item (1)] FCAW Semi -Auto Electrode (single or Multiple) [fable 4.10, Item (8)] Single Current / Polarity DCEP Position [Table 4.10, Item (4)] Weld progression (table 4.10, Item(6)] Backing (Yes or No) [Table 4.10, Item (7)) Material Specification Base Metal Thickness: (Plate) Groove Fillet Thickness: (Pipe / Tube) Groove Fillet Diameter: (Pipe) Groove Fillet Filler Metal [Table 4.10, Item (3)] Specification No, Class F - No. [Table 4. 10, Item (2)] Gas/ Flux type [Table 4.10, Item (3)] Other: Electrode Size: 6G Vert.. Up Yes API X 52 N/A N/A .562" N/A 6 5/8" NIA 5.20 E71T-1 6 75% Aro. 25% Co2 .045" Qualification Range FCAW Semi -Auto Single DCEP ALL ALL With backing or weld metal (Carbon & Low Allov Steel Group I & II .125" - Unlimited All 4" OD & Over 5.20 E 7XX -XX All F6 Glasses 75% Ara, 25% Co2 .045 - .062" VISUAL EXAMINATION RESULTS (4.9.1)James TEvans Acceptable: X Yes or No CVW 94120271 Guided Bend Test Results (4.31.5)*0 1 . 12M/2010 Type Results Type Results 6G - S1 Satisfactoay 6G S3 Satisfactory 6G - S2 Satisfactory 6G - S4 Satisfactory Fillet Test Results (4.31.2.3 and 4.31.4.1) Appearance N/A Fillet Size N/A Fracture Test Root Penetration N/A (Describe the location, nature, and size of any crack or tearing of the specimen) N/A Test Conducted By: ,,;•- Laboratory Test No. 85374 Date: 2/1/18 Per: of inspection Services, Inc. Radiographic lest Results (4.31.3.1) Film I.D.. N/A Results Remarks The undersigned certify that the statements in this record are correct and that the welds were prepared and tested in accordance with the requirements of section 4 of AWS D1.I ( 2015 ) Structural Welding Code - Steel. Company: Hendee Enterprises Authorized By: Date: METALS INSPECTION SERVICES, INC. P.O. BOX 87486 HOUSTON TEXAS 77287 713-641-0436 FAX 713-649-1304 WELDER, WELDING OPERATOR, OR TACK WELDER QUALIFICATION TEST RECORD Type of Welder: Flux Core Arc Welder Testa 85375 Welder Name: Wilfredo Vasquez Emp. No. 70323 Stamp: W Welding Procedure Specification No. FCAW Grp .II Date: 2/1/2018 Fillet Test Results (4.31.2.3 and 4.31.4.1) Appearance N/A Fillet Size N/A Fracture Test Root Penetration N/A (Describe the location, nature, and size of any crack or tearing of the specimen) N/A Test Conducted By: a -- Laboratory Test No. 85375 Date: 2/1/18 Per: a inspection Services, Inc. Radiographic Test Results (4.31.3.1) Film I.D.: N/A Results Remarks The undersigned certify that the statements in this record are correct and that the welds were prepared and tested in accordance with the requirements of section 4 of AWS D1.1 ( 2015 ) Structural Welding Code - Steel. Company: Hendee Enterprises Authorized By: Date: Record Actual Values Variables Used in Qualification Qualification Range Process/ Type [Table 4.10, Item (1)] FCAW Semi -Auto FCAW Semi -Auto Electrode (single or Multiple) [Table 4.10, Item (8)] Single Single Current / Polarity DCEP DCEP Position [Table 4,10, Item (4)] 6G ALL Weld progression [table 4.10, Item(6)] Vert., Up ALL Backing (Yes or No) [Table 4.10, Item(7)] Yes With backing or weld metal Material Specification API X 52 Carbon & Low Alloy Steel Base Metal Group I & fi Thickness: (Plate) Groove N/A .125" - Unlimited Fillet NIA All Thickness: (Pipe /Tube) Groove .562" 4" OD & Over Fillet N/A Table 4.11 Noted Diameter: (Pipe) Also qualifies any fillet or Groove 6 5/8" PJP weld size on any Fillet N/A thickness of plate, pipe or Filler Metal [fable 4.10, Item (3)] tubing, plug and slot welds. Specification No. 5.20 5.20 Class E71T-1 E 7XX -XX F - No. [fable 4. 10, Item (2)] 6 All F6 Gasses Gas/ Flux type [Table 4.10, Item (3)] 75% Arg. 25% Co2 75% Arg. 25% Co2 Other: Electrode Size: .045" .045" -.062" VISUAL EXAMINATION RESULTS (4.9.1) Jarnes T Evans Acceptable: X Yes or No CM 94120271 4$p 1 EXP.128/2018 Guided Bend Test Results (4.31.5) Type Results Type Results 6G - S1 Satisfactory 6G - S3 Satisfactory 6G - S2 Satisfactory 6G - S4 Satisfactory Fillet Test Results (4.31.2.3 and 4.31.4.1) Appearance N/A Fillet Size N/A Fracture Test Root Penetration N/A (Describe the location, nature, and size of any crack or tearing of the specimen) N/A Test Conducted By: a -- Laboratory Test No. 85375 Date: 2/1/18 Per: a inspection Services, Inc. Radiographic Test Results (4.31.3.1) Film I.D.: N/A Results Remarks The undersigned certify that the statements in this record are correct and that the welds were prepared and tested in accordance with the requirements of section 4 of AWS D1.1 ( 2015 ) Structural Welding Code - Steel. Company: Hendee Enterprises Authorized By: Date: P.O. BOX 87486 Z- 'i HOUSTON TEXAS 77287 713-641-0436 FAX 713-649-1304 WELDER, WELDING OPERATOR, OR TACK WELDER QUALIFICATION TEST RECORD Type of Welder: Flux Core Arc Welder Test # 85376 Welder Name: Luis Rangel Emp. No. 11261 Stamp: T Welding Procedure Specification No. FCAW Grp ,II Date: 2/1/2018 Fillet Test Results (4.31.2.3 and 4.31.4.1) Appearance NIA Fillet Size N/A Fracture Test. Root Penetration N/A (Describe the location, nature, and size of any crack or tearing of the specimen) N/A Test Conducted By: - - Laboratory Test No. 85376 Date: 2/1/18 Per:of inspection Services, Inc. Radiographic Test Results (4.31.3.1) Film 1.D.. N/A Results Remarks The undersigned certify that the statements in this record are correct and that the welds were prepared and tested in accordance with the requirements of section 4 of AWS DIA ( 2015 ) Structural Welding Code - Steel. Company: Hendee Enterprises Authorized By: Date: Record Actual Values Variables Used in Qualification Qualification Range Process/ Type [Table 4.10, Item (1)] FCAW Semi -Auto FCAW Semi -Auto Electrode (single or Multiple) [Table 4.10, Item (8)] Single Single Current / Polarity DC EP DCEP Position [Table 4.10, Item (4)] 6G ALL Weld progression[table 4.10, Item(6)] Vert.. Up ALL Backing (Yes or No) [Table 4.10, Item (7)] Yes With backing or weld metal Material Specification API X 52 Carbon & Low Alloy Steel Base Metal Group I & II Thickness: (Plate) Groove N/A .125" - Unlimited Fillet N/A All Thickness: (Pipe / Tube) Groove .562" 4" OD & Over Fillet N/A Table 4.11 Note d Diameter: (Pipe) Also qualifies any fillet or Groove 6 5/8" PJP weld size on any Fillet N/A thickness of plate, pipe or Filler Metal [Table 4. 10, Item (3)] tubing, plug and slot welds. Specification No. 5.20 5.20 Class E71T-1 E 7XX -XX F - No. [Table 4, 10, Item (2)] 6 All F6 Classes Gas/ Flux type [Table 4.10, Item (3)] 75% An 25% Co2 75% Arg. 25% Co2 Other: Electrode Size: .045" .045" - .062' VISUAL EXAMINATION RESULTS (4.9.1) jenm ]Evm Acceptable: X Yes or No CVW 94120271 1 EXP. 12./1/2018 Guided Bend Test Results (4.31.5) Type Results Type Results 6G - S1 Satisfactory 6G - S3 Satisfactory 6G - S2 Satisfactory 6G - S4 Satisfactory Fillet Test Results (4.31.2.3 and 4.31.4.1) Appearance NIA Fillet Size N/A Fracture Test. Root Penetration N/A (Describe the location, nature, and size of any crack or tearing of the specimen) N/A Test Conducted By: - - Laboratory Test No. 85376 Date: 2/1/18 Per:of inspection Services, Inc. Radiographic Test Results (4.31.3.1) Film 1.D.. N/A Results Remarks The undersigned certify that the statements in this record are correct and that the welds were prepared and tested in accordance with the requirements of section 4 of AWS DIA ( 2015 ) Structural Welding Code - Steel. Company: Hendee Enterprises Authorized By: Date: iALS INSPECTION I , INC. i P.O. BOX 87486 }' S HOUSTON TEXAS 77287 713-641-0436 FAX 713-649-1304 WELDER, WELDING OPERATOR, OR TACT( WELDER QUALIFICATION TEST RECORD Type of Welder: Flux Core Arc Welder Test # 85377 Welder Name: Ernest Garcia Emp. No. 70308 Stamp: 0 Welding Procedure Specification No. FCAW Grp , l Date: 2/1/2018 Variables Used in Qualification Process/ Type [Table 4.10, Item (1)] FCAW Semi -Auto Electrode (single or Multiple) [Table 4.10, Item (8)] Single Current / Polarity DCEP Position [Table 4.10, Item (4)] Weld progression[tabie 4.10, Item(6)] Backing (Yes or No) [Table 4.10, Item(7)] Material Specification Base Metal Thickness: (Plate) Groove Fillet Thickness: (Pipe / Tube) Groove Fillet Diameter (Pipe) Groove Fillet Filler Metal [Table 4.10, Item (3)] Specification No. Class F - No. [Table 4.10, Item (2)] Gas/ Flux type [Table 4.10, Item (3)] Other: Electrode Size: 6G Vert.. Up Yes API X 52 N/A N/A .562" N/A 6 5/8" N/A 5.20 E71T-1 6 75% Ara. 25% Cot .045' Qualification Range FCAW Semi -Auto Single DCEP ALL ALL With backing or weld metal Carbon & Low Alloy Steel Group I & ii .125' - Unlimited All 4" OD & Over 5.20 E 7XX -XX All F6 Classes 75% Arg. 25% Cot .045' - .062" VISUAL EXAMINATION RESULTS (4.9.1)Jamas TE Acceptable: X Yes or No CVW 94120271 Guided Rend rest Results (4.31.5) *0 9 EXP. 12/1/2018 Type Results Type Results 6G - S1 Satisfactory 6G - S3 Satisfactory 6G - S2 Satisfactory 6G - S4 Satisfactory Fillet Test Results (4.31.2.3 and 4.31,4.1) Appearance N/A Fillet Size N/A Fracture Test Root Penetration N/A (Describe the location, nature, and size of any crack or tearing of the specimen) N/A Test Conducted By: ,, .- Laboratory Test No. 85377 Date: 2/1/18 Per: Weto inspection Services, Inc. Radiographic Test Results (4.31.3.1) Film I.D.. N/A Results Remarks The undersigned certify that the statements in this record are correct and that the welds were prepared and tested in accordance with the requirements of section 4 of AWS D1.1 ( 2015 ) Structural Welding Code - Steel. Company: Hendee Enterprises Authorized By: Date: G P.O. BOX 87486 1t HOUSTON TEXAS 77287 713-641-0436 FAX 713-649-1304 WELDER, WELDING OPERATOR, OR TACK WELDER QUALIFICATION TEST RECORD Type of Welder: Flux Core Are Welder Test # 85378 Welder Name: David Gee Emp, No. 70305 Stamp: D Welding Procedure Specification No. FCAW Grp .II Dater 2!1/2018 Fillet Test Results (4.31.2.3 and 4.31.4.1) Appearance N/A Fillet Size N/A Fracture Test Root Penetration N/A (Describe the location, nature; and size of any crack or tearing of the specimen) N/A Test Conducted By:�—-----•- Laboratory Test No. 85378 Date: 2/1/18 Per: of inspection Services, Inc. Radiographic Test Results (4.31.3.1) Film I.D.. N/A Results Remarks The undersigned certify that the statements in this record are correct and that the welds were prepared and tested in accordance with the requirements of section 4 of AWS D1.1 ( 2015 ) Structural Welding Code - Steel. Company: Hendee Enterprises Authorized By: Date:. Record Actual Values Variables Used in Qualification Qualification Range Process/ Type [Table 4. 10, Item (1)] FCAW Semi -Auto FCAW Semi -Auto Electrode (single or Multiple) [fable 4.10, Item (8)] Sin le Single Current / Polarity DCEP DCEP Position [Table 4.10, Item (4)] 6G ALL Weld progression[table 4.10, Item(6)] Vert,. Up ALL Backing (Yes or No) [Table 4.10, Item(7)] Yes With backing or weld metal Material Specification API X 52 Carbon & Low Alloy Steel Base Metal Group I & 11 Thickness: (Plate) Groove N/A .125" - Unlimited Fillet N/A All Thickness: (Pipe/ Tube) Groove .562" 4" OD & Over Fillet N/A Table 4.11 Noted Diameter: (Pipe) Also qualifies any fillet or Groove 6 5/8" PJP weld size on any Fillet N/A thickness of plate, pipe or Filler Metal [Table 4.10, Item (3)] tubing, plug and slot welds. Specification No. 5.20 5.20 Class E71T-1 E 7XX -XX F - No. [Table 4.10, Item (2)] 6 All F6 Classes Gas/ Flux type [Table 4.10, Item (3)] 75% Arg. 25% C'o2 75% Arg: 25% Cot Other: Electrode Size: .045" .045" -.062" VISUAL EXAMINATION RESULTS (4.9.1) JonesT Evans Acceptable: X Yes or No 94120271 1 EXP. 1261/2018 Guided Bend Test Results (4.31.5) Type Results Type Results 6G - S1 Satisfactory 6G - S3 Satisfactory 6G - S2 Satisfactory 6G - S4 Satisfactory Fillet Test Results (4.31.2.3 and 4.31.4.1) Appearance N/A Fillet Size N/A Fracture Test Root Penetration N/A (Describe the location, nature; and size of any crack or tearing of the specimen) N/A Test Conducted By:�—-----•- Laboratory Test No. 85378 Date: 2/1/18 Per: of inspection Services, Inc. Radiographic Test Results (4.31.3.1) Film I.D.. N/A Results Remarks The undersigned certify that the statements in this record are correct and that the welds were prepared and tested in accordance with the requirements of section 4 of AWS D1.1 ( 2015 ) Structural Welding Code - Steel. Company: Hendee Enterprises Authorized By: Date:. i + P.O. BOX 87486 Zl' HOUSTON TEXAS 77287 713-641-0436 FAX 713-649-1304 WELDER, WELDING OPERATOR, OR TACK WELDER QUALIFICATION TEST RECORD Type of Welder: Flux Core Arc Welder Test # 85379 Welder Name: Randy Bernard Emp. No. 70302 Stamp: Y Welding Procedure Specification No. FCAW Grp .II Date: 2%1/2018 Variables Used in Qualification Process/ Type [Table 4.10, Item (1)] FCAW Semi -Auto Electrode (single or Multiple) [fable 4.10, Item (8)) Single Current / Polarity DCEP Position [!'able 4.10, Item (4)] Weld progression[table 4.10, Item(6)] Backing (Yes or No) [fable 4.10, Item(7)] Material Specification Base Metal Thickness: (Plate) Groove Fillet Thickness: (Pipe /Tube) Groove Fillet Diameter: (Pipe) Groove Fillet Filler Metal [Table 4.10, Item (3)] Specification No. Class F - No. [Table 4. 10, Item (2)] Gas/ Flux type [Table 4.10, Item (3)] Other: Electrode Size: 6G Vert.. Up Yes API X 52 N/A N/A .562" N/A 6 5/8" N/A 5.20 E71T-1 6 75% Ara. 25% Co2 .045" Qualification Range FCAW Semi -Auto Single DCE'P ALL ALL With backina or weld metal (Carbon & Low Allov Steel Group I & II .125" - Unlimited All 4" OD & Over 5.20 E 7XX -XX All F6 Classes 75% Arg. 25% Co2 .045" - .062" VISUAL EXAMINATION RESULTS (4.9.1) J=N= T Evans Acceptable: X Yes or No CVW 9020271 Guided Bend Test Result* (4.$9.S) CIC1 EXP. 12/1/2018 Type Results Type Results 6G - S1 Satisfactory 6G - S3 Satisfactory 6G - S2 SatisfactorV 6G - S4 Satisfactory Fillet Test Results (4.31.2.3 and 4.31.4,1) Appearance NIA Fillet Size N/A Fracture Test Root Penetration N/A (Describe the location, nature, and size of any crack or tearing of the specimen) NIA Test Conducted By: ��'----- Laboratory Test No: 85379 Date: 211118 Per: %Lejo inspection Services, Inc. Radiographic Test Results (4.31.3:1) Film I.D.. N/A Results Remarks The undersigned certify that the statements in this record are correct and that the welds were prepared and tested in accordance with the requirements of section 4 of AWS D1.1 ( 2015 ) Structural Welding Code - Steel. Company: Hendee Enterprises Authorized By Date: HENDEE ENTERPRISES, INC. QUALITY ASSURANCE MANUAL 2015 7 WMTMY-Nrk"-��� 1. Scope and Field of Application 2. Management Responsibility 3. Quality Policy Statement - 4. Organization 5. Responsibility and Authority 6. Verification resources and personnel 7. Management 8. Quality System 9. Contract Review 10. Document Control 11. Purchasing 12. Assessment of Sub -contractor 13. Purchasing Data 14. Verification of Purchased Products 15. Customer Supplied Product or Material 16. Process Control 17. Inspection and Testing 18. Inspection, Measuring and Test Equipment 19. Inspection and Test Status 20. Control of Non -Conforming Product 21. Non -conformity Review and Disposition 22. Corrective Action 23- Handling, Storage, Packaging and Delivery 24. Quality Records 25. Internal Quality Audits 26. Training 1. Hendee Enterprises, Inc. was fotuided ni Houston, Texas in 1966. Since then the company has groNvrr unto a multi-nullion-dollar estahlislunent expanding its facility accordingly. 2. Hendee Enterprises Inc., manufacturing high quality custom awiluilgs, custom shade panels, custom covers and filtration products for various market::, inchrdiug but, not limited to, commercial garden centers, thane parks, conuiiercial wid residential building and renovation, petrochemical and 3. The quality philosophy of Hendee Enterprises, Iuc. stresses continuous improvement in quality of' products, services and processes. It emphasizes total involvement. by all employees and recognizes that those employees closest to a process arc likely to know the most about that process. The Hendee Eiitcrpr ses, Inc. ma ml is reviewed and approved by the President, Vice President Maiiulacturiug and Quality Assurance Manager. This mannral is an essential element iri die Quality System at Hendee Enterprises, hic. The current copy of this mainial is iriauitained in the master procedure nnanual file. Copies are, distributed to all departments, and made accessible to anyone irr the company and available for any customer who requests a copy. Customer copies are not rnaurtained acid therefore may not be at tyre latest revision level. All requests for chnangcs to this manral should be directed to the Qualify Assurance Manager. Charges will be approved by the President, Qualify Assurance Manager, Production Manager. Robert Veasey, President. Matt. Rarrie.ri, Production Manager Buddy Peairson, Quality Assurance Manager 1. Scope and Field of Application The requireincut5 specified in this duality manual are dcsigucd to eusure the service and products manufactured and delivered to Heudec Entci-l)riscs custoiners meet [he specified rcquirerneuts, uid to prevent and detect any uou-coiil'ormance. Z. Management Responsibility Heudec Eutcrpriscs, Inc. management shall eusure that the quality policy is understood, implemeutecl, an(I maintained at all levels of the org-w&,ation. Hendee Enterprises is composed of several departments, each witli the responsibility of tulfilling the requirements of the Quality System. Tlie Quality System deruicd licrcfti applies to those deparmients. Hendee Enterprises employees Nvidiiii cacli department are responsible for implementing the cicmeiits of our Quality System. 5. Responsibility and Authority The responsibility for supplying our customers with the highest quality products is shared by all Hendee Enterprises employees. The responsibility for implementing our quality system starts witli the President, Vice Presidents, Managers and their respective supervisors and department employees. Any Heii(Ice Enterprises employee has the authority to initiate action to prevent the occtirrciicc of product. nonconformity by notifying their Hiluilediate supenrisor or Quality Control inspectors. Hendee Enterprises employees have the responsibility to identify and record product quality problems. Any Hendee Enterprises eniployce has die organizational freedom and authority to initiate, recommend or provide solutions to improve and/or correct any non-confortrimicc. Maiiagcrs and superVisors have the responsibility to verify the. implementation of solutions Hendee Enterprises production employees have die organizational freedom and authority to suspend an operation and/or die processing of a product in the event of aur out, of control process, until the 11011 -conformance and/or unsatisfactory condition has been corrected. 6. Verification. resources and personnel It is a Hendee Enterprises practice to provide the necessary resources and to hire I)crsoiiiicl who already possess die skills and experience to perform to the requirements necessary to meet customer specifications, bodi in production and vcffl'yiiig product quality- conforniance. On-the-job and cross traiiiiiig is supplemented with formal training programs when required. Records of employee on-dic- Job, cross or formal training are maintained by die. Hum-,ui Resource Department. Verification is done throughout di(--,, manufacturing process (custom and stock) by way of inspections, 3"' party testing when required and auditilig. Quality identifies those individuals responsible and authorized to perforin verifications. Tlic. responsibility For verification and measurement of quality attributes resides with various operation functions Mflihi Hendee Enterprises. MZ� Hendee Enterprises management reviews die Quality System aiiiiiially, to ensure the systeril's continued suitability and eflectivcness. 'Flu's review includes elements concerned Nvith ensuring: • Customer satisfaction is being achieved and that customer coiriplalilits have been dealt with. ® Quality Systern audit results are reviewed to deteni)-U*ie the adequacy of', and complialice to, the documented Quality System. ® Corrective actions are being i1ripleniented to solve problems identified in audit reports. ® Supplier performance and trends are iiiectfliig or exceeding Hendee Euterprises, requirements mid/or cxpccLatious. All issues presented shall be discussed mid recorded Hii the meeting minutes which shall be retained by the Quality Assurance Manager. The Quality System Manual and/or procedures shall be revised when necessary to reflect. die decisions of the management review meeting. 8. Quality System It is the policy of Hendee F uiterprises to document and maintain a Quality System The Quality System of Hendee Enterprises is a hierarchy that includes: ® Maint'ruinilig a quality manual dcfiilu'ig die company's policies. • Operating procedures which, support the policies stated ID the Quality manual. ® Work instructions which define how specific activities are perl'011-lied to ensure that customer product conforms to the specified requirements. ® Forms, tags, etc., that, are, used to record information, identify product, etc. Hendee Enterpnises management uses audits and reviews of' the Quality System as the, basis for iiiallitaiiiiig and improving its effectiveness. 9. Con Review It is die policy of Hendee Enterprises to review wid negotiate contracts and/or purchase orders for 2 the supply of .goods and services "ritln customers before contract and/or purcliase order acceptance. The sales department is designated to rc`ricw those contracts aid/or purchase orders to ensure: ® Documentation is adequately defined and available ® Known discrepancies are resolved ® Contractual requirements do not exceed company capabilities ® Conlormimg documentation matches customer verbal instructions It. is a Hendee Enterprises policy to maintain a controlled system of documentation for diose documents that directly affect tine quality of* custom or standard products. "These documents are issued and distributed in a timely and efficient manner. Document control requires that: ® Documents are produced un a set standard format ® Prior to issue, all documentation and procedures are reviewed and approved by authorized personnel ® Appropriate documents are issued and available at locations where operations, essential to the effective functioning of the (,duality System, are performed ® Obsolete documents arc promptly removed from all points of issue or use. ® All changes to documentation are implemented in a controlled nnatnner. 11. Purchasing The purchasing department shall ensure that products and/or services purchased from suppliers and subcontractors ronforn7 to specified requirements. 12. Assessment of Sub -contractor Selection of sources to be qualified sliall be made upon the suppliers ability to conform to agreed- upon requirements for quality, cost and delivery. Qualiticd suppliers may continue to be used so long as they demonstrate the capability to meet all conditions and requirements. The performance of Menefee Enterprises suppliers shall be measure on a continuing basis. Corrective action sl all betaken if a suppler lads to meet agreed upon requirenncnnts. Records sliallbe maintained of acceptable suppliers. 13. Purchasing Data .3 Purchases of product and/or services for the manufacturing of' customer goods are formally doctunented, reviewed <uld approved as part of Hendee Enterprises purchasing procedures. This documentation shall be clean and concise and shall inlclude all specifications and documentation necessary to enable requirements to be tract.. 14. Verification of Purchased Products NN711cn elle contract with our customer allows, customer representatives may audit our supplier's facilities to determine if our processes are sufficiently controlled to ensure die conformance of products to their requirements. However, this audit does not replace Hendee Enterprises' responsibility to provide products to meet the customer's specifications. 15. Customer Supplied Product or Material Customer supplied product atid/or material shall be controlled by Hendee Enterprises in such a manner as to identify, store and maintain as such. If and when there is alry mora -conforming product and/or material, Hendee Enterprises shall segregate, record and promptly inform customer of such findings. Hendee will idcutify customer product and/or material by using customer drawings, customer specification and labels where appropriate. Fabrication and assembly of customer supplied product or material is tracked using the. W/O number, and/or physical ur'veutory location. When special traceability is required by the customer, identifiers such as date codes, job numbers and/or serial numbers are utilized. 16. Process Control Processes which directly allect file quality of product and/or services delivered by Hendee Enterprises shall be carried out under controlled conditions. Controlled conditions include a production and quality plain, as well as, appropriate controls for materials, production, tooling and equipment, processes and procedures, personuncl, associated suppliers and en-61-onmennts. ® Production activities Auld resources are reviewed in regular operations meetings ® Documciitcd work instructions (NI mufacturing Procedures) shall be available for all processes thataffect the duality ol'dle product ® Process and product is monitored during each state of production, via nlspcction ® Standards for workmanship sliall be. defiled by customer spccificatiou alld/or physical exatnples of product that conforms to requirements. 17. Inspection and Testing H Customer products are inspected un accordance with the manufacturing quality plaii. llrlatcrials and/or out sourced processes procured for the manactuning of product arc vcrilied for conformance to custonncr rcquirennents. Verification is based on either ouc or both of the following: ® Source inspection ® Receiving inspection Itcros that require special inspection have inspection procedures and are iiispcctccf by qualified personnel. Innspectionn records are maintainned. (customer product is inispected quid/or tested during each operation accorduig to the nimufacturuig quality plant. Non-conilornunng material is segregated and identified. Final inspection and/or test is the basis for ensuring the conforinaiice of customer product to their specified requirements. It ensures that all previous inspec ionns unci/or tests have been completed and have met customer requirements. Records of inspection and test results are used to mouitor and niaiutvn the consistent manufactuniug of customer product. 18. Inspection, Measuring and Test Equipment Heudee Enterprises controls, calibrates and mainntuns the measuring and test equipment used un its production process, flus control proNides continuing accuracy of this equipment and tinnely corrective action when deficiencies are detected. Measuniug equipment is calibrated at periodic intervals based on stability, purpose and use. It is calibrated by qualified iii -house personnel and/or an outside agency when neccssay. Results of previous calibrations detern nc the need, ifs arty, to modil} the calibration intervals to Maintain accuracy. Records are maintained of all equipment calibrations. This equipmennt is identified with calibration status and is traceable to NBS/NIST standards. Hendee Enterpnises eusures tine manufacturing process is supported with the proper measuring mid test equipnnent needed to nncet the customer requirements. Any equipment that is found defective or can -not be successfully calibrated will be taken out of service. The cflcct of the neon-conntormung cquipmennt on prior product production will be assessed by qualified persomicl and an appropniatc action plui shall be approved. 19. Inspection and Test Status .5 Hendee Enterprises identifies the uispection and test status of material and customer products from receipt of product and/or material through the mahhufacturing process, and into fnhished goods. Inspection and test status is achieved by: ® Releasing to manufacturing ahhd/or nhventory only material acid/or product which has met customer specifications and has had the appropriate approval • I Tse of travelers, and physical locations where appropriate • Identifynhg the authorized inspection personnel, usuig and rccor(liug die users of approved stamps • Clearly ideiidfynig and segreg-at ng non-conforhnnhg material flchhdcc Enterprises uses documented procedures to prevent non -conforming material from inadvertent use. Non -conforming material is identified and segregated at the tune found to be discrepant. Where a non-conformance is detected during a verification step, die non-conformance sliall be corrected before die. product is passed along to the next operation iii die tnauufactlirng process. •• •• • �,� '°T Io •• icr Material that is found to be non -conforming shall have dispositions deterrnirhed by authorized personnel as described ill tie. Hendee Enterprises procedures. If the material is reworked it shall be reinspected to die requirements of the customer. Corrective action procedures are used by Iiendee Enterprises to notify affected suppliers of non-couloranance for die purpose- of hiking corrective and preventative action. 22. Corrective .fiction Hendee Enterprises recogiuzcs that prevention of non-conformance is more desirable than corrective; but when the actual result docs not measure up to die desired outcome, an effective approach to corrective action is essential. Most corrective actions should and do take place through hunharh interaction. In fact, emphasis should be oil immediate corrective activities muiirnizuhg reliance oil a formal system. Even these activities should follow a defined sequence to maximize the effectiveness of the action taken. corrective action can occur daily as a part of everyone's job. The purpose of' this section is to establish a systematic approach to follow, in all cases, where corrective action is required. The approach to corrective actioii should also follow a prescribed scqueuce. I-leudce 1, iitcrprises corrective action process follows this 5 -step problem solvurg model: DEFINE 1.Ideiitify the riou-c orrfonua nce, and the extent FIN 2.:Implerueut a temporary solution IDENTIFY Unvcstigatc the root cause CORRECT Umplemeut penuauieut corrective actiou EVAI.1 TXrE 5.F ollow up to eusurc eflectiverress It is expected that formal as well as uiforivacl corrective action will follow this model. There are many methods for idetutilyiug the need for iriitiatuig corrective action, sonic are listed below. • Customer feedback (complaints) • Employee feedback • Failed filial l inspection • Failed source inspectiou • Corrective action requested (CARTS) • Findiiigs from Quality Systems audits 23. Handling, Storage, Packaging and Delivery A system shall be maintaiiied for the protection, segregatiou auid haucllirrg of customer items through every stage of production. Precautions sliall be takeu to protect material from abuse, misuse, darriage, deterioratioii and unauthorized use. 23.1 Idaudliug Customer product, purchased items au d coniporreuts shall be handled in a maiuier that will prevcut da magc or deterioratiou. 23.2 Storage Materials processed at Hendee. Enterprises sliall be stored in such a manner that will mirriul ve the possibility of incurrnig damage acid/or deterioration. Stored items arc accepted and released m a controlled mauurer. 7 23.3 Packaging Products manufactured by Hendee Enterprises sliall be packaged to nuillin-lize the possibility of damage acid/or deterioration throughout the imulufacturniig process up to and including shipping to the customer's site. 23.4 Delivery Hendee Enterprises shipping department is responsible, for ensuring the customer product rcaclies the, customer site sal'ely. This includes shipment by Heii(Ice Enterprises personnel and that ofconu-non carriers. Hendee Enterprises retains quality records ill such a manner as to be retrievable for alialysis to identify quality trends and die need for, and e1kctiveness of, corrective action. :�11 quality records shall, be legible and identifiable to the product involved, where the quality record is product related. Quality records sliall be stored and inalilitailied ili such a way that they are readily retrievable. The storage faCififics shall provide a suitable environment to iiiiinnize daniage and/or deterioration to prevent, loss. At a niiimiluni, quality records should include: ® Internal and external quality audits ® Supplier quality data ® Product quality data ® Management review minutes 25. Irate mal Quality Audits Hendee Eiitcrpniscs shall perform planned and periodic Quality System audits. These sliall be used to assess the implementation and effectivencss of die Quality System. The audits sliall be conducted by qualified and/or certified internal personnel or contractors. Functions that aflect the quality of the product shall be audited on a priority basis dependent on the importance of the activity and history. However, each area is audited at least once a year. The results of theses audits shall be documented and discussed with manager aid supervisors of the department being audited. Managers and supervisors shall ensure that corrective tcfioii is taken to resolve audit findings. 26. T It is a Hendee. Enterprises practice to hire employees who are luiowlcdgeable, experienced quid have the ability to perform job requirements Without additional formal trauung. New Hendee enterprises employees receive orientation trwiiing which includes Hendee Enterprises safety practices, rules wid regulations acid an introduction to the Quality System. It is a Hendee Enter niscs policy to assign personnel to a specific task who are qualified to perform that task based on their experience, education and/or traiiiing. When training is required, the department manager or supervisor shall ensure the appropriate training is given acid properly recorded. N Yvonne Wilson -Jones 62-- lalo From: Matthew Fallstrom <Matthew.Fallstrom@cityofmi Ito nga.us> Sent: Tuesday, March 19, 2019 11:01 AM To: Yvonne Wilson -Jones Subject: Re: CSA for the Bell Memorial Park Shade Structure Project Yes Sent from my iPhone On Mar 19, 2019, at 11:54 AM, Yvonne Wilson -Jones <Vvonnew@hendee.com> wrote: Matthew, Management wanted me to confirm this means: on-site inspections (CTL) to ensure the hole, rebar and concrete are correct. Thanks, Yvonne Wilson -Jones Division Account Manager Direct Line: (713) 796-6117 Email: yvonnew(cDhendee.com From: Matthew Fallstrom <Matthew.Fallstrom @citVofmiltonga.us> Sent: Tuesday, March 19, 2019 9:07 AM To: Yvonne Wilson -Jones <vvonnew@hendee.com> Cc: Honor Motes<Honor.Motes@cityofmiltonga.us>; sunveil <sunveil@hendee.com> Subject: RE: CSA for the Bell Memorial Park Shade Structure Project Yvonne, That will be good. They will also have to have our building inspections group do inspections as the work proceeds. Thanks, Matthew Fallstrom Capital Projects Manager City of Milton p: 678.242.2558 f: 678.242.2533 a: 2006 Heritage Walk, Milton, GA 30004 w: www.cityofmiltonga.us e: matthew.fallstrom,a%citvofmiltonga.us <image001.jpg> From: Yvonne Wilson -Jones <Vvonnew@hendee.com> Sent: Tuesday, March 19, 2019 9:29 AM To: Matthew Fallstrom <Matthew.Fallstrom@citvofmiltonga.us> Cc: Honor Motes<Honor.Motes@cityofmiltonga.us>; sunveil <sunveil@hendee.com> Subject: RE: CSA for the Bell Memorial Park Shade Structure Project Hi Matthew, Yes I received that response and followed it up with a supplemental response. Please see below (highlighted) next to your original comments, 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 specifications. Materials quality control testing types will meet IBC specifications at a frequency equal to or exceeding that set by those specifications. Hendee will provide a third party welding inspection. Will this be sufficient? Contractor shall secure the services of a 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 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. In regards to the geotechnical testing, will a report Thanks, Yvonne Wilson -Jones Division Account Manager Direct Line: (713) 796-6117 Email: yvonnew hendee.com From: Matthew Fallstrom <Matthew.Fallstrom@cityofmiltonga.us> Sent: Monday, March 18, 2019 6:35 PM To: Yvonne Wilson -Jones <yvonnew@hendee.com> Cc: Honor Motes <Honor.Motes@citvofmiltonga._us>; sunveil <sunveil@hendee.com> Subject: Re: CSA for the Bell Memorial Park Shade Structure Project Yvonne, I replied on 3/7. It's down in the thread of this email. Let me know if you can't find it. Thanks, Matt Sent from my iPhone On Mar 18, 2019, at 2:12 PM, Yvonne Wilson -Jones <yvonnew@hendee.com> wrote: Hi Honor/Matt, I am touching base to see if you had the opportunity to review the email below and advise. The contract is signed and ready to be sent over to you, pending your response to the items below. Thanks, Yvonne Wilson -Jones Division Account Manager Direct Line: (713) 796-6117 Email: Yvon new(a)hendee.com From: Yvonne Wilson -Jones Sent: Friday, March 08, 2019 9:11 AM To: Honor Motes <Honor.Motes@citVofmiltonga.us>; Matthew Fallstrom <Matthew. Fallstrom2cityofmiltonga.us> Cc: sunveil <sunveil@hendee.com> Subject: RE: CSA for the Bell Memorial Park Shade Structure Project Matt/Honor, Please see responses below in bold. 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 specifications. Materials quality control testing types will meet IBC specifications at a frequency equal to or exceeding that set by those specifications. Hendee will provide a third party welding inspection. Will this be sufficient? Contractor shall secure the services of a 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 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. In regards to the geotechnical testing, will a report from the concrete supplier be sufficient to show that the footings meet engineering requirements? Contractor will be responsible for replacing any work performed with material from rejected sample lot at no cost to the City. Thanks, Yvonne Wilson•Jones Division Account Manager Direct Line: (713) 796-6117 Email: yvonnew(a)hendee.com From: Honor Motes <Honor.Motes@cityofmiltonga.us> Sent: Thursday, March 07, 2019 3:37 PM To: Matthew Fallstrom <Matthew.Fallstrom@cityofmiltonga.us>; Yvonne Wilson -Jones <yvonnew@hendee.com> Cc: sunveil <sunveil@hendee.com> Subject: RE: CSA for the Bell Memorial Park Shade Structure Project Yvonne, you can return just the 32 pages (minus the Exhibits) if that's too mush to mail. I'll reprint them here and insert into the contract. Thanks, Honor Motes Procurement Manager Milton City Hall 2006 Heritage Walk, Milton, GA 30004 678-242-2507 (0) www.cityofmiltonga.us From: Matthew Fallstrom Sent: Thursday, March 7, 2019 4:15 PM To: Yvonne Wilson -Jones <Vvonnew@hendee.com>; Honor Motes 3 <Honor. Motes @cityofmiIto nga.us> Cc: sunveil <sunveil@hendee.com> Subject: RE: CSA for the Bell Memorial Park Shade Structure Project Yvonne, In the bid we called out QA/QC testing that is what is referenced. QC/QA TESTING OF MATERIALS The Contractor will be responsible for all quality control testing (sampling, testing, and inspections) of materials incorporated into the project. All materials and workmanship shall meet appropriate specifications. Materials quality control testing types will meet IBC specifications at a frequency equal to or exceeding that set by those specifications. Contractor shall secure the services of a 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 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. Let me know if you need anything else or have any other questions. Matthew Fallstrom Capital Projects Manager City of Milton p: 678.242.2558 f: 678.242.2533 a: 2006 Heritage Walk, Milton, GA 30004 w: www.cityofmiltonga.us e: matthew.falistrom@cityofrniltongo.us <image001_jpg> From: Yvonne Wilson -Jones <Vvonnew@hendee.com> Sent: Thursday, March 7, 2019 2:07 PM To: Honor Motes <Honor.Motes@cityofmiltonga.us> Cc: Matthew Fallstrom <Matthew.FaIIstrom@cityofmiltonga.us>; sunveil <sunveil` hendee.com> Subject: RE: CSA for the Bell Memorial Park Shade Structure Project Hi Honor, 4 The contract has been reviewed and the only question we had was in regards to page 12, item G. Can you please clarify what type of tests and inspections you are referring to? Also, do you just need pages 1-32 of the contract returned or the entire document? Thanks, Yvonne Wilson -Jones Division Account Manager Direct Line: (713) 796-6117 Email: yvonnew@hendee.com From: Yvonne Wilson -Jones Sent: Wednesday, March 06, 2019 2:18 PM To 'Honor Motes' <Honor.Motes@citVofmiltonga.us> Cc: Matthew Fallstrom <Matthew. Fallstrom@cityofmiltonga.us>; sunveil <sunveil@hendee.com> Subject: RE: CSA for the Bell Memorial Park Shade Structure Project Hi Honor, The contract has been received and I have forwarded it along to the management team for review and approval. Thanks, Yvonne Wilson -Jones Division Account Manager Direct Line: (713) 796-6117 Email: yvonnew aohendee.com From: Honor Motes <Honor.Motes@cityofmiltonga.us> Sent: Wednesday, March 06, 2019 9:15 AM To: Yvonne Wilson -Jones <Vvonnew@hendee.com> Cc: Matthew Fallstrom <Matthew.Fallstrom@cityofmiltonga.us> Subject: CSA for the Bell Memorial Park Shade Structure Project Hi Yvonne, Here's the contract for the Bell Memorial Park Shade Structure Project for your review. If approved, please sign/complete and return one wet -ink original to me at the address below. If you're able to email me a colored copy of the signed contract that would be great! Just a reminder to leave the date blank on the first page. Once we have all the necessary signatures and the contract has been executed, Matt can advise on a Notice to Proceed. If you have any questions or concerns, please feel free to contact us. We look forward to working with you, Honor Motes Procurement Manager Milton City Hall 2006 Heritage Walk, Milton, GA 30004 678-242-2507 (0) www.cityof miltonga, us See Exhibit "A " All specifications in the Invitation for Bids that clearly pertain only to road work will not apply. Bond No. 4424999 1 e e e KNOW ALL MEN BY THESE PRESENTS THAT JHendee Enterprises, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and sureTec 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 Fifty-nine Thousand, Three Hundred and Sixty- five Dollars ($59,365.00), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their. heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for the construction of a project known as ITB 1.9-PRO1, Bell Memorial Park Shade Structure Project (hereinafter referred to as "the PROJECT"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"),. NOW WHEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall fully and completely perforin each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions, and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach or default of the Contract: a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) calendar days after written notice from the City to the Contractor's Surety; and b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor's Surety hereby waives notice of any and all modifications, omissions, additions, changes, and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHERE, 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. CONTRACTOR ("Principal"): Hendee Enterprises, Inc. By: / (signature) iG- Title: Pr' e -5 -1� Attest: / Date: �1Q�i�Z�itt/ (signature) 7, (print) Title: Date: CONTRACTOR'S SURETY: SureTec Insurance Company By: (signature) Jeffrey L. Brady, (print) Title: Attomey-in-Fact (SEAL-) Attest: Date: r .:� C (signature) Janet ar (print) Title: Corporate Secretary Date: (ATTACH SURETY'S POWER OF ATTORNEY) Poo #: 4221073 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Jeffrey L. Brady, Dennis M. Descant, Jr., Cheryl A. Sanders, Alicia Cantavella its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments ' or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Ten Million and 00/100 Dollars ($10,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 12/31/2019 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall•be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`h of April, 1999.) ht Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, is corporate seal to be hereto affixed this 25rh day of April , A.D. 2017 . SURETEC SURAN C SURANCFw,4 By ~! tai John Kn=mey t State of Texas ss: 7 `w r' ,1 V County of Harris s �' •••.-• ... �WYnp * nNNn On this 25th day of April , A.D. 2017 before me personally came John Knox Jr., to me known, who, being, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. 'OpYn'�i JACQUELYN GREENLEAF Notary Public, State of Texas '.'= Comm. Expires 05-18-2021 Notary ID 126903029 Jacq elyn Greenleaf, Notary Public My commission expires May 18, 2021 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 17—day of , AP,r 1 Y/ 19 A.D. M. Brent Beaty'; Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm '_S'r. Bond No, 4424999 "EXHIBIT D.2" PAYMENTBOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Hendee Enterprises, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and SureTec 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 Fifty-nine Thousand, Three Hundred and Sixth Dollars ($59,365.00), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for the construction of a project known as ITB t9 -PRO I, Bell Memorial Park Shade Structure 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 fitrther expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers, as set forth below. [SIGNATURES ON FOLLOWING PAGE] tte t: ature) 7�vnfntl (printed) Title: . VcAci -/ Date: Attest: 6�' ature) Jane (printed) Title: Corporate Secretary Date: CONTRACTOR: Hendee Enterprises, Inc. By: (signature) Title: for Ps " df^ f (SEAL-)­ Date: SEAL).Date: 0 N — 1-7 PI _ CONTRACTOR'S SURETY: Sure'ree Insurance Company By: (signature) Jeffrey L. Brady (printed) f- Title: Attorney -in -Fact -{SEAL) _ Date: � y• (ATTACH SURETY'S POWER OF ATTORNEY) POA #: 4221073 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Jeffrey L. Brady, Dennis M. Descant, Jr., Cheryl A. Sanders, Alicia Cantavella its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments • or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Ten Million and 00/100 Dollars ($10,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 12/31/2019 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company; Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting field on 20'h of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, is corporate seal to be hereto affixed this 25th day of April , A.D. 2017 , RAN myy� SURETEC SURAN C \SSV .......aFP 'i By: all w j n John Knox :r7esidt Stateof Texas ss: r5County of Harris `` ....... •On this 2sih day of April A.D. 2017 before me personally came John Knox Jr., to me known, who, being by me, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. JACQUELYN GREENLEAF �r X0'4 Notary Public, State of Texas Comm. Expires 05-18-2021 ;; Notary ID 126903029 Jacq elyn Greenleaf, Notary Publik My commission expires May 18, 2021 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 17 day ofZ*A,'s�ista O /moi A.D. M. Brentnt Sec etary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. Bond No. 4424999 "EXHIBIT 13.3" MAINTENANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Hendee Enterprises, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal" located at 9350 South Point Dr, Houston, TX 77054, and SureTec Insurance Company (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 Fifty Nine Thousand Three Hundred Sixty Five Dollars and Zero Cents ( $59,365.00-------------------) lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written Agreement with the City, dated d y - 1 7 - )-a 1 If , which is incorporated herein by reference in its entirety (hereinafter referred to as the "Agreement"), for the construction of certain Improvements as contemplated by that project known as Bell Memorial Park Shade Structure Project (hereinafter referred to as the "Project"); and WHEREAS, said Project is to be approved by the City of Milton, under the terms that a maintenance bond is required of said Principal and good and sufficient surety payable to the City, and conditioned that the Principal shall, for a period of two (2) years beginning on fit/-/ ? -lo/l, 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 WHEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall repair and/or 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, including but not limited to, any damages for costs of maintenance of Improvements, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the perfonnance 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 undertakingsunder this bond no later than thirty (30) days after written notice from the City to the Contractor's Surety; b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this bond shall be subject to the advance written approval of the City. The parties further expressly agree that any action on this bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this f -) day of �, 2019 [SIGNATURES ON THE FOLLOWING PAGE] CONTRACTOR: Hendee Enterprises, Inc. S$-1 Z� - ignature V'eas !:Y -4,57 Print Name srt� Off- i7-)-0iC1 -� Date er-rst�en R -- Title (President or Vice President for Corporation) �'- [AFFIX CORPORATE SEAL] t st: Signature /;61h H %l Sine Print Name Title ( Assistant) Corporate Secretary) SureTec Insurance Company (Name of Contractor's Surety) Si* r - effrey L. Brady _ Print Name Date Attomey-in-Fact — - Title Attest: e Signre JaneC Print Mame Corporate Secretary Title ((Assistant) Corporate Secretary) [AFFIX SEAL] POA #: 4221073 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Jeffrey L. Brady, Dennis M. Descant, Jr., Cheryl A. Sanders, Alicia Cantavella its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments , or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Ten Million and 001100 Dollars ($10,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 1213112019 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizanccs, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'h of April, 1999) h: Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, is corporate seal to be hereto affixed this 25th day of April , A.D. 2017 , \)RANCFwy SURETEC SURAN C V. w� By: >1 John Knox 7-esit State of Texas ss; ��, �.; County of Harris `•^�.... �W4npY MnNp�+ On this 25th day of April , A.D. 2017 before me personally came John Knox Jr., to me known, who, being by me, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. JACQUELYN GREENLEAF Notary Public, State of Texas +: Comm. Expires 05-113-2021 n,,;;,,O Notary ID 126903029 (,A ( VAI-� Jacq elyn Greenleaf, Notary Public My commission expires May 18, 2021 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this /7 day of ,r i A A.D. M. Brent Beaty, Assistaht Sec 6tary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. SureTec Insurance Company THIS • ! RIDER CONTAINS -INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252- 3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#:512-475-1771 Web: htt_p ` w�vw.tdi.state.Lx.ns Email: Cons umerProtection n td i.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Mold, Mycotoxins, The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio -hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof., nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Texas Rider 010106 �4c CERTIFICATELIABILITY INSURANCE DATE 120D1YYYY> 4/1zao19 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). CONTAGT PRODUCER Brady, Chapman, Holland & Associates PHONE -- --- — -- 10055 West Gulf Bank • 713-688-1500 1 Fac No :713-688-7967 Houston TX 77040E -MAIL -ADDRESS: eCSR24@bch-insurance.com INSURERS) AFFORDING COVERAGE __ NAIC # INSURER A: Transportation Insurance Co. (CNA t 20494 INSURED HENDEEENTEI INSURERS Continental Insurance Company _;_,_„-_35289,__„-, Hendee Enterprises, Inc. _ .___._ _, 9350 South Point Drive INSURER c . Continental Casualty Go. _(CNA) 20443 Houston TX 77054 iNsuRER D _ !'.GC]TICl/+A TC All IRpO CO. OII')CGfI�AG P1=%/I4ZirIN IUI.IOIIRFR- 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 w �-POLIOYEFF POLICY EXP _ LIMITS LTR TYPE OF INSURANCE POLICY NUMBER } MM1DDIYYYY I MM1DD/YYYY A X COMMERCIAL GENERAL LIABILITY 6043476231 12/31/2018 12/31/2019 ? EACH OCCURRENCE I s1,000,000 DAMAGONTED CLAIMS -MADE X OCCUR I PREMISES a -occurrence) is 300,000 AUTHORIZED REPRESENTATIVE 'A b”, • a MED EXP; (Any one person) $ 15,000 - a� PERSONAL & ADV INJURY $1.000,000 GEN'L AGGREGATE LIMIT APPLIES PER: # GENERAL AGGREGATE F s2,000 000 POLICY x , PRO X _ LOG PRODUCTS - COMP/OP AGO 1 $2,000,000 ). .._� .r ..__..-._-._.._ - _.._, $ OTHER: B AUTOMOBILE LIABILITY 6043476245 12/31/2018 12/31/2019 COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY (Per person) 3 $ ' OWNED SCHEDULED BODILY INJURY (Per accident) $ = AUTOS ONLY�, AUTOS ;.—. -- --- ---- X HIRED X NON -OWNED PROPERTY DAMAGE s AUTOS ONLY _, AUTOS ONLY ; (Per accident) _ B X UMBRELLALIAB X!OCCUR i CUE6043476262 12/31/2018 12/31/2019 EACHOCCURRENGE i $5000000 EXCESS LIAB I CLAIMS -MADE ? _: ' .AGGREGATE $ 5,000,000 _�.._ _._..._.._..--..._.--.......__ .._ ,.$ DED I X .. RETENTION .$ C woRKERS COMPENSATION WC643476259 12/31/2018 12/31/2019 !X "€ STATUTE GRH, I AND EMPLOYERS' LIABILITY i Y] ANYPROPRIETOR?PARTNERIEXECUTIVE E L EACH ACCIDENT— i _000,000_ NIA OFFICERIMEMBEREXCLUDED7 N i - (Mandatoryin NH) E L DISEASE - EA EMPLOYEEi $1,000,000 atony In H) Ii Yes, DESCRIPTION OF OPERATIONS below _. E.L. DISEASE - POLICY LIMIT s. $1,000,000 A ' LeasedfRented Equipment 6043476231 ' 12/31/2018 f 12/31/2019 i Any One Item $375,000 ' MaxlumAny One Loss 1 $515,000 Deductible $1,000 c DESCRIPTION OF OPERATIONS / LOCATIONS) VEHICLES (ACORD 101.,. Additional Remarks Schedule, may be attached if more space is required) The policy includes Blanket additional insured on the general liability per form CNA75101 01/15 and CNA75079 1/15 automobile perform SCA23500D , With a waiver of subrogation on the general liability per form CNA75101 01/15 , automobile per form CA0444 10/13 and workers compensation per form WC 42 03 04 B 06/14 when required by written contract. This insurance is primary and non-contributory as respects general liability perform CNA75101 01/15. Leased & Rented Equipment Includes Lender Loss Payable Clause per form #G15028A 08/89 Bell Memorial Park Shade Structure Project m Li ao-zu io Hl...umu l.Vrirumm t iwvi..r4n `ryms trosCr vau. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Milton 2006 Heritage Walk Milton GA 30004 AUTHORIZED REPRESENTATIVE 'A b”, m Li ao-zu io Hl...umu l.Vrirumm t iwvi..r4n `ryms trosCr vau. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD "EXHIBIT E" NONCOLLUSION AFFIDAVIT OF PRIME BIDDER STATE OF I CXus COUNTY OF -12; �r i s gok:, erj— /.. eats cid , being first duly sworn, deposes and says that: (1) He is Pr esIA9e^f (Owner, Partner, Officer, Representative, or Agent) of Hendee Enterprises, 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. ,A�lz 2:?K� SUBSCRIBED AND SWORN BEFORE ignature of Authorized icer or Agent ME ON THIS THE DAY OF 2 , 201E. Printed Name and Title of Aut orized Officer or 7.4�/1.Q� Agent Notary Pubc [NOTARY SEAL] ' `' TAMW FRASUM K My Notary ID # 12KM My Commission Expires EV1resAm" 21.2023 -011.23 STATE OF COUNTY i 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 Bell Memorial Park Shade Structure Project (ITB 1.9-PR01) 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 [NOTARYSEAL] My Commission Expires "EXHIBIT G.1" STATE OF xai COUNTY OF CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use, and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period, and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization are as follows: 7,14 lke ' .-Z-A) Federal Work Authori(at—fUserldel(ntificati—o Number Date of A4thorizAtion Hendee Enterprises, Inc. Name of Contractor Bell Memorial Park Shade Structure Project Name of Project City of Milton, Georgia Name of Public Employer authorization user identification number and date of I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on h2n ( f 7, 20 ( 01 in (city), (state). Signature of Authorize fficer or Agent Qk o .b L. Vew.$ l'TlC 1 00ref,.6e,f Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 12019. NotaryPub661 [NOTARY SEAL] =+P�aY h=: TAMWFRASURE _• :• My Notary ID 812849MS w+ ... +, upires January 21, 2023 My Commission Expir °` /-?/--923 "EXHIBIT Go2" OF Georgia 'OUNTY 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 Hendee Enterperises, Inc. (name of contractor) on behalf of the City of Million 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 perfonnance 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: 01 1-3 - 6€2 Federal Work Authorization User Identification Number 3/25/19 Date of Authorization Raymond Viers Name of Subcontractor Bell Memorial Park Shade Structure Project Name of Project City of Milton. Georgi Blame of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on Ma h 2 2,01 99 in I . ), Signature of orized Officer or Agent Raymond Viers Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY • NOTARY PUBLIC F" BO See Exhibit "A " Plans not physically attached to Exhibit A are expressly incorporated by reference. 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. 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 ®.C.G.A. § 13-10-80. The Contractor through each invoice may request payment of no more than ninety percent (90%) of that portion of the Work completed during the term covered by such invoice until fifty percent (50%) of the Maximum Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City. Payment for the remaining ten percent (10%) of Work completed and covered by such invoices shall be retained by the City until Substantial Completion. Once fifty percent (50%) of the Maximum Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City, no additional retainage shall be withheld, except as provided below. All amounts retained by the City shall be held as a lump sum until Substantial Completion of the Work, regardless of earlier completion of individual component(s) of the Work; provided, however, that, at the discretion of the City and with the written approval of the Contractor, the retainage of each subcontractor may be released separately as the subcontractor completes his or her work. If, after discontinuing the retention, the City determines that the Work is unsatisfactory or has fallen behind schedule, retention may be resumed at the previous level. If retention is resumed by the City, the Contractor and subcontractors shall be entitled to resume withholding retainage accordingly. At Substantial Completion of the Work and as the Contract Administrator detennines 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. Reserved. e• e • e e e e 1. Maintenance of Worksite: The Contractor shall maintain the Project and the surrounding worksite from the commencement date until final completion of the project. Such maintenance duties include, but shall not be limited to, continuous and effective prosecution of the Work day by day with adequate equipment and forces to ensure that the roadway or structures within the Project worksite are kept in satisfactory condition at all times. All existing guard rail, signs, pavement, pavement markings, bridge handrail, traffic control devices and other safety appurtenances that are not subject to removal or relocation in the completion of the Work shall also be maintained in a safe and satisfactory condition. The Contractor shall not allow vegetative growth at any time to obstruct signs, delineation, traffic movements, or sight distance. The Contractor shall, as necessary to keep the worksite clean and clear of all litter and debris, clean up and remove litter and debris. The Contractor shall, at intervals not to exceed 6 months, remove all weeds from around guard rail, 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 worksite (i.e., the Project termini and lateral limits). All maintenance costs during construction and before the Work is accepted will be included in the Maximum Contract Price (and any individual flat fee or unit prices), and the Contractor will not be paid any additional compensation for such maintenance services. 2. Repair of Worksite and Private Property In the Case of Damage: From the commencement date until the final completion, the Contractor shall take every precaution against injury or damage to any part of the Project and the surrounding worksite by any cause whatsoever. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the Project or the worksite (with the exception of injury or damage caused by the sole negligence of the Owner) before final completion and shall bear the expense thereof. In case of suspension of Work from any cause whatsoever, the Contractor shall be responsible for the Project and shall take such precautions as may be necessary to prevent damage to the Project, provide for normal drainage and shall erect any necessary temporary structures, signs, or other facilities at its expense. Where the City elects to carry out a portion of the Work, in accordance with Section 11(A)(ii) of the Agreement, the City will determine if certain precautions are unnecessary and may be waived in that instance. The Contractor shall also take every precaution against injury or damage to private property in or around the worksite and shall repair or replace any private property damaged (directly or indirectly) by the Work. For purposes of progress payments and retainage calculation, and except where otherwise approved by the City in writing, damage to the Project or the worksite shall be repaired to the satisfaction of the City before the Work shall be deemed to have increased in value such that any further progress payments are due to the Contractor. Further, except where otherwise approved by the City in writing, any damage to private property in or around the worksite, which damage is caused by the Contractor, shall be repaired or otherwise addressed to the satisfaction of the City before the Work shall be deemed to have increased in value such that any further progress payments are due to the Contractor.. 3. Roadway Maintenance and Repair Duties in Relation to Traffic Activity: If the Project requires that traffic be maintained through the Project worksite during the prosecution of the Work, the Contractor shall assume all responsibility for damage to the Project and surrounding worksite caused by such traffic until final completion of the Work. If the Work requires that traffic be relocated to an alternate roadway or the Project is constructed on a new location, the Contractor shall be responsible for all damage to the Project and the worksite until the City directs that the Project be opened to traffic. At that time, the Contractor will no longer be responsible for traffic -related damage to the Project or worksite other than damage attributable to the Contractor's actions or inadequate construction. MILTON ~ TO: FROM: AGENDA ITEM: MEETING DATE: ESTABLlSHED 2006 C IT Y COUNCIL AGENDA ITEM City Council DATE: April 30, 2019 Steven Krokoff, City Manage(2) Approval of a Professional Services Agreement between the City of Milton and IMS Infrastructure Management Services, LLC for a Pavement Management Software and Condition Survey. Monday, May 6, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (\)/APPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: (J.)(ES (~ES APPROVAL BY CITY ATTORNEY: (rAPPROVED PLACED ON AGENDA FOR: () NOT APPROVED () NO () NO () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.2500 I F: 678.242 .2499 info@cityofmiltonga.usIwww.cityofmiltonga.us 08 0 0 To: Honorable Mayor and City Council Members From: Matthew Fallstrom, Capital Projects Manager Date: Submitted on April 30, 2019 for the May 6, 2019 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and IMS Infrastructure Management Services, LLC for a Pavement Management Software and Condition Survey _____________________________________________________________________________________ Project Description: The consultant will be doing a road condition survey of the entire street network to establish a Pavement Condition Index (PCI) value. They will assist in setting up a 5-year pavement management plan for the city. A request for proposals was issued for Pavement Management Software and Condition Survey in accordance with the city’s standard purchasing policy. The city reviewed multiple submittals for both qualifications and price and is recommending approval of the Professional Services Agreement with IMS Infrastructure Management Services, Inc. Procurement Summary: Purchasing method used: RFP Account Number: 300-4101-522260000 Requisition Total: $54,773 Vendor DBA: IMS Infrastructure Management Services, Inc. Financial Review: Bernadette Harvill, April 30, 2019 Legal Review: Jarrard & Davis, LLP – Sam VanVolkenburgh, April 1, 2019 Attachment(s): Professional Services Agreement �OMEOFF' / j 1�- L.,TA K I I1.D 2W6 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 2019 (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council (hereinafter referred to as the "City"), and IMS INFRASTRUCTURE MANAGEMENT SERVICES, LLC., an Arizona corporation, having its principle place of business at 1820 W Drake Drive, Suite 104, Phoenix, Arizona 85283 (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Consultant to provide certain services in the completion of a Project (defined below); and WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work; and WHEREAS, Consultant desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Agreement, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: 1 Exhibit "A" — City Solicitation Documents Exhibit "E" — Consultant Response/Proposal Exhibit "C" — RESERVED Exhibit "D" — Contractor Affidavit Exhibit "E" — Subcontractor Affidavit Exhibit "F" — Key Personnel B. Project Description. The "Project" at issue in this Agreement is generally described as: evaluation of City's existing street -related GIS data; city-wide evaluation of the City's streets to establish a PCI rating for each road; analysis of road condition data and loading of data in the IMS Easy Street Analysis Spreadsheet (pavement management database); integration of spreadsheet with the City's HiperWeb CMMS; training of City staff and ongoing technical support; and development of a final report complete with a selected 5 -year prioritized rehabilitation plan. C. The Work. The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Consultant's original proposal and revised proposal, both set forth in Exhibit "B", attached hereto and incorporated herein by reference, and as clarified by this Section I.C. In the event of a conflict, the revised proposal (dated February 25, 2019) will supersede the original proposal and this paragraph will supersede Exhibit ". Unless otherwise stated in Exhibit "B", the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities„ services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in this Agreement, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. For clarification, the parties agree that the spreadsheet provided as part of the work will be the property of the City. It is an open source spreadsheet database that is for the City's staff use at its discretion. The spreadsheet will be supplemented with GIS based deliverables (personal geodatabase/shapefiles). The spreadsheet in file format that can be stored on City computers and will not be hosted by. Consultant. The City will own all material provided by Consultant in connection with the Project, including the right to make any adjustments to the deliverables. The City shall not distribute the spreadsheet to third parties except to the extent consistent with the scope of the Project. D. Schedule, Completion Date, and Term of Agreement. Consultant understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. With the exception of the ongoing software maintenance and support, the Work shall be performed according to the following deadlines: all services required for "Year 1" shall be completed on or before six months from the date that the City provides Consultant with notice to proceed; all services required for "Year 4" and "Year 5" shall be completed on or before three months from the date that the City provides Consultant with notice to proceed in each year. The term of this Agreement ("Term") shall commence as of the Effective Date and shall 2 terininate on September 30, 2025 (provided that certain obligations will survive termination/expiration of this Agreement). "Year 1" of the service will start with the issuance of a notice to proceed and continue through to September 30, 2020. In addition, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall tenninate absolutely and without further obligation on the part of City on September 30 each year of the Tenn (i.e., the end of the City's fiscal year), and further, that this Agreement shall automatically renew on October l of each subsequent fiscal year absent City's provision of written notice of non -renewal to Consultant at least five (5) days prior to the end of the then current fiscal year. Title to any supplies, materials, equipment, or other personal property shall remain in Consultant until fully paid for by City. A. Change Order .Defined. A "Change Order" means a written modification of the Agreement, signed by representatives of City and Consultant with appropriate authorization. B. Right to Order Changes. City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Change Orders and executed by Consultant and City. Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by City in its sole discretion, City shall have the right to determine reasonable terms, and Consultant 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 City and Consultant. D. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Mayor or City Council, any number of Change Orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section III(B) below. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Mayor and City Council. Amendments shall not result in a variance in price exceeding ten percent of the original contract amount. A. Payment Terms. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed, and costs actually incurred in accordance with the Agreement. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City's receipt and approval of invoices, setting forth in detail the services performed, and costs incurred, along with all supporting documents requested by City to process the invoice. With the exception of the ongoing software maintenance and support, all services required for "Year 1" "Year 4" and "Year 5" shall be submitted for compensation in a single invoice (each year) upon completion the services due in that year. Invoices for ongoing software maintenance and support shall be submitted at the conclusion of each fiscal year (September 30) in which the services have been provided (with the exception of "Year 1" which will end September 30, 2020 even if it starts in a prior fiscal year). Any material deviations in tests or inspections performed, or times or locations required to complete such tests or inspections, and like deviations from the Work described in this Agreement shall be clearly communicated to City before charges are incurred and shall be handled through Change Orders as described in Section II above. City shall pay Consultant within thirty (30) days after approval of the invoice by City staff. B. Maximum Contract Price. The compensation for Work performed shall be based upon the flat fees set forth in Exhibit B (revised proposal). The City shall pay a $54,773.00 fee for the Year 1 services. In Years 2 & 3 the City shall pay a fee of $1,500 each year ($3,000.00 for Software Maintenance and Support for both years combined). In Year 4, the City shall pay a fee of $29,950.00. In Year 5 the City shall pay a fee of $34,869.00. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall be $122,592.00, and Consultant represents that this amount is sufficient to perform all of the Work set forth in and contemplated by this Agreement. C. Reimbursement for Costs. The Maximum Contract Price set forth in Section III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the Project, and there shall be no reimbursement for costs. A. Expertise of Consultant, Licenses, Certification and Permits. Consultant accepts the relationship of trust and confidence established between it and City, recognizing that City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. Consultant shall employ only persons duly qualified in. the appropriate area of expertise to perform the Work described in this Agreement. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia's Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional work or costs incurred as a result of error and/or omission by Consultant as a result of not meeting the applicable standard of care or quality will be provided by Consultant at no additional cost to City. This provision shall survive tennination of this Agreement. 11 B. Budgetary Limitations. Consultant agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Consultant's profession and industry. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's profession and industry, Consultant will give written notice immediately to City. C. City's Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant's Work performed under this Agreement. Consultant acknowledges and agrees that the acceptance of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant's performance. Consultant further agrees that no approval of designs, plans, specifications or other work product by any person, body or agency shall relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant's Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. D. Consultant's reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. E. Consultant's Representative. Dan White shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. F. Assignment of Agreement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement_ without the prior express written consent of City. As to any approved subcontractors, Consultant shall be solely responsible for reimbursing them, and City shall have no obligation to them. C. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless City and City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, 5 or operations by Consultant, any subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that to the extent engineering services are provided under this Agreement, this Section G shall only require indemnification to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. This indemnity obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of Consultant, its subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts 'Consultant or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Consultant or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. H. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Nothing in this Agreement shall be construed to make Consultant or any of its employees, servants, or subcontractors, an employee, servant or agent of City for any purpose. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of consultants, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and City by virtue of this Agreement with Consultant. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and City may hire additional entities to perform the Work related to this Agreement. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for R any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. I. Insurance. (1) Requirements: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by Consultant, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence and $2,000,000 (two million dollars) aggregate for comprehensive coverage including for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Commercial Automobile Liability (owned, non -owned, hired) coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability of at least $1,000,000 (one million dollars) limit for claims arising out of professional services and caused by Consultant's errors, omissions, or nealizent acts. (d) Workers' Compensation limits as required by the State of Georgia and Employers' Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Consultant is a sole proprietor, who is otherwise not entitled to coverage under Georgia's Workers' Compensation Act, Consultant must secure Workers' Compensation coverage approved by both the State Board of Workers' Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers' Compensation Act. Further, Consultant shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) 7 (e) Commercial Umbrella Liability Coverage: $ _N/A per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers' Liability, and Professional Liability. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City in writing so that City may ensure the financial solvency of Consultant; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and (if applicable) Umbrella Liability Coverage. (i) Additional Insured Requirement. City and City's elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually "Insured Party" and collectively "Insured Parties") shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, leased, or used by Consultant; automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Consultant to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of Consultant's insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that Consultant's insurance shall apply separately to each insured against F41 whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (b) Workers' Compensation Coverage. The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (c) All Coverages. (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to City. City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by Consultant under the terms of this Agreement, including but not limited to Section IV(G) of this Agreement. (5) Acceptability of Insurers: The insurance to be maintained by Consultant must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance policies shall be placed with insurer(s) with an A.M. Best Policyholder's rate of no less than "A-" and with a financial rating of Class VII or greater. The Consultant shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Consultant shall furnish to City for City approval 0 certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Consultant is specifically required to provide an endorsement naming City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Consultant's insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. City reserves the right to require complete, certified copies of all required insurance policies at any time. Consultant shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Subcontractors: Consultant shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (8) Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (9) City as Additional Insured and Loss Payee: City shall be named as an additional insured and loss payee on all policies required by this Agreement, except City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers' Compensation policy. (10) Progress ss Payments: The making of progress payments to Consultant shall not be construed as relieving Consultant or its subcontractors or insurance carriers from providing the coverage required in this Agreement. J. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits "1)" and "E" (affidavits regarding compliance with the E - Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant's subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any 10 subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "W', and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above.. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Where Consultant is required to provide an affidavit pursuant to 0.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of Consultant's and Consultant's subcontractors' verification process at any time to determine that the verification was correct and complete. Consultant and Consultant's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with City, Consultant and Consultant's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Consultant or Consultant's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. Consultant's failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Consultant shall be liable for all damages and delays occasioned by City thereby. Consultant agrees that the employee -number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] [DESIGNATE/MARK APPROPRIATE CATEGORY] 11 500 or more employees. 100 or more employees. X- Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. ., F i .• grim, WiTI: (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement ("Records") shall be established and maintained by Consultant in accordance with applicable law and requirements prescribed by City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Consultant by City under this Agreement. Furthermore, Records that are the subject of audit endings 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 perfonnance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, Consultant shall furnish to City any and all Records in the form requested by City. All Records provided electronically must be in a format compatible with City's computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, Consultant shall make available to City or City's representative(s) for examination all Records. Consultant will pen -nit City or City's representative(s) to audit, examine, and make excerpts or transcripts from such Records. Consultant shall provide proper facilities for City or City's representative(s) to access and inspect the Records, or, at the request of City, shall make the Records available for inspection at City's office. Further, Consultant shall pen -nit City or City's representative(s) to observe and inspect any or all of Consultant's facilities and activities during normal hours of business for the purpose of evaluating Consultant's compliance with the teens of this Agreement. In such instances, City or City's representative(s) shall not interfere with or disrupt such activities. L. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Consultant become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest exists, City may require that Consultant take action to remedy the conflict of interest or terminate the Agreement without liability. City shall have the right to recover any fees paid for services rendered by Consultant when such services were performed while a conflict of interest existed if Consultant had knowledge of the conflict of interest and did not notify City within five (5) business days of becoming aware of the existence of the conflict of interest. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacily in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Consultant or higher tier sub - consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. M. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. Consultant agrees that confidential information it learns or receives or such reports, information, opinions or conclusions that Consultant creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of City. Consultant shall exercise reasonable 13 precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Consultant acknowledges that City's disclosure of documentation is governed by Georgia's Open Records Act, and Consultant further acknowledges that if Consultant submits records containing trade secret information, and if Consultant wishes to keep such records confidential, Consultant must submit and attach to such records an affidavit affinnatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. N. Key Personnel. All of the individuals identified in Exhibit "F", attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Consultant's Project Manager or members of the Project team, as listed in Exhibit `IF" without written approval of City. Consultant recognizes that the composition of this team was instrumental in City's decision to award the Work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for City's consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Consultant's obligations under this Agreement and shall be grounds for termination. . Meetings. Consultant is required to meet with City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to City. Meetings will occur as problems arise and will be coordinated by City. City shall inform Consultant's Representative of the need for a meeting and of the date, time and location of the meeting at least three (3) full business days prior to the date of the meeting. Face-to-face meetings are desired. However, at Consultant's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of this Agreement for cause. P. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant's board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. Q. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant ("Materials") shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any Materials remaining in the hands of Consultant or subcontractor upon completion or termination of the Work shall be delivered immediately to City whether or not the Project or Work is commenced or completed; provided, however, that Consultant may retain a copy of any deliverables for its records. Consultant assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed before final delivery to City, Consultant shall replace them at its own expense. Any and all ILA] copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990,42 U.S.C. § 12132, and all other provisions of Federal law, Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. A. Right of Entry. City shall provide for right of entry for Consultant and all necessary equipment as required for Consultant to complete the Work; provided that Consultant shall not unreasonably encumber the Project site(s) with materials or equipment. B. City's Representative. Matt Fallstrom shall be authorized to act on City's behalf with respect to the Work as City's designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section II above. A. For Convenience. City may terminate this Agreement for convenience at any time upon providing written notice thereof at least seven (7) calendar days in advance of the termination date. B. For Cause. Consultant shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City' -s failure to pay Consultant within thirty (30) calendar days of Consultant providing City with notice of a delinquent payment and an opportunity to cure. In the event of Consultant's breach or default under this Agreement, City may terminate this Agreement for cause. City shall give Consultant at least seven (7) calendar days' written notice of its intent to terminate the Agreement for cause and the reasons therefor. If Consultant fails to cure the breach or default within that seven (7) day period, or otherwise remedy the breach or default to the reasonable satisfaction of City, then City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge Consultant for the costs of curing the default against any sums due or which become due to Consultant under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to City for such default. C. Statutory Termination. In compliance with ®.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in I(D) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of City. 15 D. Payment Upon Termination. Upon termination, City shall provide for payment to Consultant for services rendered and, where authorized, expenses incurred prior to the termination date; provided that, where this Agreement is terminated for cause, City may deduct from such payment any portion of the cost for City to complete (or hire someone to complete) the Work, as determined at the time of termination, not otherwise covered by the remaining unpaid Maximum Contract Price. E. Conversion to Termination for Convenience. If City terminates this Agreement for cause and it is later determined that City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section VI(A) above. F. Requirements Upon Termination. Upon termination, Consultant shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by Consultant in performing this Agreement, whether completed or in process, in the form specified by City. G. Reservation of Rights and Remedies. The rights and remedies of City and Consultant provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity. A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written Change Order (as provided in Section II above) or other document signed by representatives of both Parties with appropriate authorization. R. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties. C. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. 16 D. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared in valid. E. Business License. Prior to commencement of the Work to be provided hereunder, Consultant shall apply to City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Consultant provides evidence that no such license is required. F. Notices. (1) Communications Relating to ay -to -Day Activities. All communications relating to the day-to-day activities of the Work shall be exchanged between City's Representative (named above) for City and Consultant's Representative (named above) for Consultant. (2) Official Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith. NOTICE TO C'TTY shall be bent to - City of Milton Attn: Procurement Manager 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONSULTANT shall be sent to: IMS Infrastructure Management Services, LLC Attn: Mr. Dan White 1820 W Drake Dr. Suite 104 Tempe, Arizona 85283 G. Waiver of Agreement. No failure by City to enforce any right or power granted 17 under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and no custom or practice of City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect City's right to demand exact and strict compliance by Consultant with the terms and conditions of this Agreement. Further, no express waiver shall affect any terin or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations and insurance maintenance requirements. 1. No 'Third Party °Tits. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. J. Sovereign Immunity; Ratifleation. Nothing contained in this Agreement shall be construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or official immunities. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. K. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City's elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to Consultant or any successor in interest in the event of any default or breach by City or for any amount which may become due to Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers, or directors to any personal contractual liability, except where Consultant is a sole proprietor. The Parties agree that, except where Consultant is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed and/or asserted only against Consultant or City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. L. Counterparts; Agreement Construction and Interpretation This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. M. Force Majeure. Neither City nor Consultant shall be liable for its respective non - negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of its respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond its respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of CONSULTANT; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for perfonnance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. N. Material Condition. Each term of this Agreement is material, and Consultant's breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to City at law or in equity. IN WITNESS WHEREOF City and Consultant have executed this Agreement, effective as of the Effective Date first above written. 19 CONSULTANT: IMS Infrastructure Management Services, LLC Signature: Print Name: Title: Member/ anage (LLC) Attest/Witness: Signature: Print Name - Title: c ,� (Assistant) Corporate Secoary Attest: Signature: Print Name: Title: City Clerk Approved as to form: City Attorney CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor 20 [CITY SEAL] EXHIBIT "A" 'it ES'LABLIAILD 2006 CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: RFP rifle: 18-PWOI Pavement Management Software&Condiffon Survey Due Date and Time: Local Time: November 7, 2017 @ Number of Pages: 47 2:00 PM ISSUING DEPARTMENTINFORMATION Issue Date: October 19, 2017 City of Milton Phone: 678-242-2500 Public Works Department Fax: 678-242-2499 2006 Heritage Walk Website: www.cityofmiltonga.us Milton, Ga. 30004 Special Instructions: I NSTRU CTI ONS TO CONSULTANTS Return Proposal to: Mark Face of Envelope/Package: Authorized Consultant Signatory: (Please print name and sign in ink) RFP Number: 18-PWOI City of Milton Name of Company or Firm Atte: Honor Motes, Purchasing Office CONSULTANTS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE Special Instructions: 2006 Heritage Walk Milton, Ga. 30004 Deadline for Written Questions October 27, 2017 Email questions to Honor Motes at honor.motes@cityofmiftoncja.us I M PORTANT: SEE STANDARD TERMS AND CONDIT] ONS CONSULTANTS MUST COMPLETE THE FOLLOWING Consultant Name/Address: Authorized Consultant Signatory: (Please print name and sign in ink) Consultant Phone Number: Consultant FAX Number: Consultant Federal I.D. Number: Consultant E-mail Address: CONSULTANTS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE 2006 Heritage Walk Milton, GA 30004 P: 678.242.25001 F: 678.242.2499 infoCcityofmiltonga.us I www.cityofmiltonga.us 2 1 RFP ' 8.-PW01 Consultant's RFP Checklist Disclosure Form Schedule of Events Section 1: Project Overview and Instructions Section 2: RFP Standard Information Section 3 Scope of Project Section 4: Consultant Qualifications Section 5: Cost Proposal Section 6: Evaluation Criteria Section 7: Standard Contract Information Standard Contract 3 1 RFP 1 --PWOI The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton I .-Read the entire document. Note critical items such as: mandatoryrequirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2. Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for anyquestions you may have. 3: Attend the pre -qualifications conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. 4. Take advantage of the "question and answer" period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal "addenda" issued for the RFP. All addenda issued for an RFP are posted on the DOAS website at hfp://ssi.docs.state.ga.us/PRSapts/PR index sp and on the City's website at http://www.citvofmiltongo.us will include all questions asked and answered concerning the RFP. 5. Follow the format required in the RFP when preparing your response. Provide point -by - point responses to all sections in a clear and concise manner. 6. Provide complete answers/descriptions. Read and answer all questions and requirements. Don't assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The submittals are evaluated based solely on the information and materials provided in your response. 7. use the Corms provided, i.e., cover page; sample budget form, certitication forms, etc. 8. Check the website for RFP addenda. Before submitting your response, check the DORS website at httg://ssi.do.us.state.Aa.us/PRSapp/PR index.11sD and the Citywebsite at http://www.cityofmiltongo.us to see whether any addenda were issued for the RFP. If so, you must submit a signed cover sheet for each addendum issued along with your RFP response. 9. Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 10. Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document, and be sure to submit all required items on time. Late submittal responses are never accepted. This checklist is provided for assistance only and should not be submitted with Consultant response 4 1 RFP 18-PWO1 " k ' ESTADLISI ILL) 100o CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Consultant Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: 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 Pavement Manaaement Software & Condition Survey 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: 6 1 RF~ 18-PWOI SCHEDULE OF EVENTS Task Date Issue RFP October 19, 2017 Deadline for Questions October 27, 2017 by 5:00 p.m. EST Answers Posted by the City (Addendum) On or about, October 30, 2017 Proposals Due By 2:00 p.m. EST on November 7 2017 Award Contract December 4, 2017 (proposed) NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cifyofmiltonga.us) OR THE DOAS WEBSITE (http://ssi.doas.state.ga.us/PRSapp/PR index.isp) FOR ADDENDA AND SCHEDULE UPDATES. 7 1 RFP 1 8-PWC?1 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton is requesting detailed proposals from qualified consultants to provide a pavement and sidewalk condition survey, detailed Technical Proposals for a Pavement Management Software System (PMS) and related Consulting Services as outlined in this Request. All Consultants must complywith all general and special requirements of the RFP information and instructions enclosed herein.. 1.1 SINGLE POINT TA T From the date this Request for Proposals (RFP) is issued until a consultant is selected, consultants are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes. Any unauthorized contact may disqualify the consultant from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes Address: 2006 Heritage Walk, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@cityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFP. Consultants should carefully review the instructions; mandatory requirements, specifications, standard terms,and conditions, and standard contract set out in this RFP and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. B. Form of Questions. Consultants with questions or requiring clarification or interpretation of any section within this RFP must submit their questions in writing via email to the procurement office referenced above on or before 5 PM (EST) n October 27, 2017 . Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. C. C it y's A n swers. The Citywill provide an official written answer to all questions on or about October 30, 2017. The City's response will be by formal written addendum. Anyother form of interpretation, correction, or change to this RFPwill not be binding upon the City. Anyformal written addendum will be posted alongside the posting of the RFP at 8 ( RFP 18--PW01 http://www.cityofmiltonga.us or http://ssi.doas.state.go.us/PRSapp/PR-indexjsp. Consultants must sign and return anyaddendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, consultant agrees to acceptance of the City's standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted totheprocurement office referenced above by the date for receipt of written/e-mailed questions or with the consultant's RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the consultant's ability to respond to the RFP or perform the contract. The City reserves the right to address non- material, minor, insubstantial requests for exceptions with the highest scoring consultant during contract negotiation. Anymaterial, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract languagewill be addressed in any formal written addendum issued for this RFP and will apply to all consultants submitting a response to this RFP. E. Mandatory Requirements. To be eligible for consideration, a consultant must meet the intent of all mandatory requirements. The City will determine whether a consultant's RFP response complies wit hthe intentofthe requirements. RFP responses that do not meet the full intent of all requirements listed in this RFPmay be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.4 SUBMITTING L Consultants must organize their proposal into sections that follow the following format. A. Submittal Requirements. Proposals shall include the following: 1. City of Milton request for proposal cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. City of Milton Proposal letter (information entered) 4. City of Milton Contractor Affidavit. 5. Technical Proposal: a. No more than ten (10) single sided pages (six pages if 9 1 RFP 13-PWO] double sided) 1. Cover page(s), table of contents, tabs, and required forms do not count toward the page limit b. Minimum of 1 1 point font c. Stapled orspiral-bound. No binders Each Technical Proposal Shall Contain: a. Project Team- include project staffing, qualifications of the team, and what sets the team apart b. Work Plan- provide an anticipated project schedule, any anticipated challenges, and any innovative approaches c. Related Projects and References (2 pages) 1. Describe at least 3 similar projects with references and the degree of involvement of the team d. Pricing (See Section 5.0) 6. Applicable Addenda Acknowledgement Forms (if necessary) Consultants must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0. B. Failure to Comply with Instructions. Consultants failing to comply with these instructions maybe subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any qualifications that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Proposals One original and two (2) copies of each submittal (plus a CD) should be provided tot he City. Proposals must be received at the Finance department receptionist's desk in City Ball prior to 2:00 PM, kcal time, November 7, 2017. Emailled responses to requests for Droposalls are not acceptable. Proposals will be opened at approximately 2:05 pm and names of offerors will be announced. *Important to rem ember when submittincl diaital files: 1. Mark all CD's or Flash Drives with Offeror's name and RFP number and title. 2. All digital files must be in either (unless otherwise specified within this document): a. Microsoft Office file format or b. Portable Document Format (PDF). I: F 18 F, 3. Use caution in creating the electronic files. If the City is unable to open files due to data -corruption, password or encryption error, etc., the Offeror's proposal may be considered incomplete. 4. TEe• All digital copies must include exactly the same information as provided in the hard copy "Original". D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the consultant's sole risk to assure delivery to the receptionist's desk at the designated office by the designated time. Late proposals will not be opened and may be returned to the offeror at the expense of the consultant or destroyed if requested. 1.5 OFFEROR'S CERTIFICATION A. Understanding of Specifications and Requirements. By submitting a response to this RFP, offeror agrees to an understanding of and compliance with the specifications and requirements described in this RFP. 1.6 COST OF PREPARING PROPOSALS A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the offeror. The City is not liable for any expense incurred by the offeror in the preparation and presentation of their proposals. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the propertyof the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and offeror resulting from this RFP process. 11 1 RFP 18-PWO] 2.0 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. .1 OFFEROR COMPETITION The City encourages free and open competition among offerors. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City's need to procure technically sound, cost-effective services and supplies. .2 RECEIPT OF PROPOSALSLIC INSPECTION A. Public Information. All information received in response tothis RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of qualifications has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the Cityof Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the offeror; and (4) other constitutional protections. B. Procurement Officer Review of Proposals. Upon opening the submittals received in response to this RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the submittal. 2. An affidavit from a consultant's legal counsel attesting to and explaining the validity of the trade secret claim is attached to each submittal containing trade secrets. Please contact Honor Motes for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Offerors must be prepared to pay all legal costs and fees associated with defending a claim for 12 ( RFP _118—PWO1 confidentiality in the event of a "right to know" (open records) request from another party. 2.3 CLASSIFICATIONEVALUATION L A. Initial Classification of Proposals as Responsive or Nonresponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the qualification is not within the specifications described and required in the RFP. If a qualification is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if an offeror has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring offeror or, if necessary, to seek discussion/negotiation in order to determine the highest scoring offeror. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses. These scores will be used to determine the best value and the most advantageous offering to the City. D. Completeness of Proposals. Selection and award will be based on the offeror's proposals and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by consultants outside the formal response or subsequent discussion/negotiation, if requested, will not be considered, will have no bearing on any award, and may result in the consultant being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. After receipt of all proposals and prior to the determination of the 13 1 RFP 18-FWOI award, the City may initiate discussions with one or more offerors should clarification or negotiation be necessary. Offerors may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. I n eit her case, offerors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the offeror's expense. F. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide awritten recommendation for contract award. G. Request for Documents Notice. Upon concurrence with the evaluation committee's recommendation for contract award, the procurement officer may issue a "Request for Documents Notice" to the highest scoring offeror to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the "Request for Documents Notice" does not constitute a contract and no work may begin until a contract signed by all parties is in place. H. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible offeror whose submittal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring consultant fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring offeror. Contract Award. Contract award, if any, will be made to the highest scoring offeror who provides all required documents and successfully completes contract negotiation. 2.4 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: 1. Modify, cancel or terminate this RFP, 14 1 RI F' 18-PM01 2. Reject any or all proposals received in response tot his RFP, 3. Select an offeror without holding interviews, 4. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on anysubmittal, 5. To request further documentation or information, and to discuss a RFP submittal for any purpose in order to answer questions or to provide clarification, 6. Not award if it is in the best interest of the City not to proceed with contract execution; or 7. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 15 (RFF' 1 °-FWn1 3.1 GENERAL SCOPE OF SERVICES The Cityof Milton is soliciting proposals from a qualified offeror with expertise in developing ;and updating Pavement Management Systems. The City owns and maintains approximately 182 centerline miles of streets. The City's current pavement management system utilizes MicroPaver (latest version) software and the streetswere last assessed in 2016. The City utilizes this program to plan, budget and manage the maintenance, repair, rehabilitation, and/or replacement of the City's entire roadway system. The Offeror will: Determine the present performance status of our roadway network, which includes the preparation of field data inventorylogs, identifying and determining a preventive maintenance program for the roadway networkwith respect to City's five year budget forecast. Identifythefeasible rehabilitation alternatives per street segment and prepare a five-year rehabilitation program for the needed street segments with respect to the City's budget forecasts, and an optimum financial plan that will be required to maintain desired acceptable pavement serviceability. Forecast future pavement performance for each street segment. The project will generally consist of developing a pavement management system for the City street system to include pavement inventory data. The scope of work will include performing a pavement condition survey for the City owned streets and incorporating the data into pavement management system. Based on the pavement condition data collected, the Offeror will develop ratings for each respective asset on a segmented section basis for each street within the City's public right of way. The collected data will be incorporated into an approved web based pavement management system to allow the City to integrate and maintain an inventory, analyze condition data, track construction history, and conduct multi-year analyses to guide decisions for budgeting, prioritization of the City's pavement maintenance and rehabilitation programs. 16 1 RFP 1 -i POI The following tasks shall be included in the scope of work: 1. Meet with Citystaffto review schedule, budget, project documents, project goals, format of deliverable and clarify responsibility of each party. 2. Collect field data to perform a PCS of the City of Milton's Collector Roads and Subdivision Street system, approximately 182 centerline miles. The Contractorwill collect field data on 169 miles of asphalt roads and 13 miles of gravel roads. 3. Create and populate system database including physical characteristics, pavement distress types, historical information, accurate measurements, and street classifications. 4. Calculate Pavement Condition Index (PCI) at break points established by using the ASTM -D6433-1 1 or equivalent methodology. The Paser Gravel Road Manual or equivalent should be used for the gravel roads. All personnel and equipment to update the PCS are to be provided in the Proposal. 5. Prepare a five-year rehabilitation program for the needed street segments with respect to the City's budget forecasts, and an optimum financial plan that will be required to maintain desired acceptable pavement serviceability. 6. Deliverables by Contractor: a. A finalized shape file (coordinated and approved by the City GIS staff) containing all collected pavement data, PCI's, and recommended maintenance activities, b. The production of summary tables by both alphabetical and priority listing for the street system. Begin and end descriptions will reflect centerline break points. Also, a digital copy of the finalized database will be provided in Microsoft Excel format or equivalent database format, c. Development of a technical report with tables and figures to summarize the condition of City street systems and their recommended maintenance needs. This report shall contain all collected pavement data, pavement condition, and recommended maintenance activities. d. Consideration of different approaches for different street classifications (Local Streets, Collector Streets): Long term work planning with budget scenarios, Cost / Benefit analysis with accurate repair estimates, 17 1 RFP 18 -PWC.)] Reflective crack mitigation strategies with multiple scenarios listed. 3.3 PAVEMENT MANAGEMENT SYSTEM (PMS) Utilizing the collected data, the Contractor shall develop a pavement management system fort he City. This task will entail the following work: The Contractor shall integrate the collected pavement condition data into an approved pavement management system.: The selected system should allow the City to integrate and maintain an inventory, analyze condition data, track construction history, and conduct multi-year analyses to guide decisions for budgeting, prioritization and management of the City's pavement maintenance programs. It would be desirable for the condition score and inventoryto be uploaded in our current EMS system (asset management) HiperWeb. 2. The pavement management system shall be capable of producing or enabling the following: a. Performance Models - Develop performance models to accurately predict the performance that can be expected from pavements and the timelines required to maintain, rehabilitate, or replace. b. Optimization -The software should be able to provide multi-year and multi - constraint optimization of project expenditures to result in long-term higher network performance ratings. Software should be able to analyze a varietyof scenarios to determine future funding needs, alternative repair options, and optimized project solutions and work plans which provide maximum benefit for defined constraints. The system must provide the ability to allow users to modify the ciefined standard benefit of a potential repair with any user specific variables that maybe contained in the database. The system should allow for the running of scenarios utilizing an optimized solution that selects projects and groups of projects which provide the maximum benefit solution. c. Cross -Agency Accessibility -The system shall be accessible to various users in the Cityfor producing detailed and optimized maintenance program options, budgeting and planning for management staff to comprehensive reporting capabilities for City administrators. if utilizing a browser -based platform, the system must be accessible using Microsoft Internet Explorer, Microsoft Edge, Google Chrome, or Mozilla Firefox. If the proposed system isn't currently accessible by one or more of these browsers, please note if, and/or when, it will for each. 3. The proposed system may be hosted or cloud based: a. If hosted, you must provide information on what type of hardware and 18 i RFF 118- PVVO 1 facility the system will be housed in, what type of backup plan will be put into place, what kind of uptime can be expected, what contingency plans are in place should a hardware or software failure take place, etc. Additional details about data caps, bandwidth maximums, etc. should be provided. The more information about the hosted model you offer, the better. 4. System I ntegration & Implementation -The system shall be capable of integrating with other Citysystems as follows: a. The City has an enterprise License with HiperWeb work order and asset management system and ESRI GIS. A system that is capable of integrating with either or both of the above is preferred. b. The database provided must be compatible with the ESRI GIS geodatabase model. A system that works directlywith an ESRI geodatabase is preferred. c. The system should utilize/display/analyze data in the coordinate system, projection, and datum that is standard for d. The system should have the abilityto directly utilize/display (i.e. no conversions to proprietary formats) existing City GIS vector and raster based data such as aerial photography, base maps, etc. The City has an Enterprise SQL Server based ESRI Geodatabase as well as ESRI Map Services (web services) available. e. Store and convert data to user -defined condition indices; allow for deterioration of individual distress indices as well as general condition indices; and allow for automated updating of individual pavement condition indices. The system should be capable of allowing the user to define an unlimited number of performance models by pavement type or repair treatments by deteriorating anycondition indices overtime. f. Have flexible table structures and reporting capabilities and have the ability to export data to Microsoft Excel. g. Unlimited flexibility in crentincg- decision trees and allow for unlimited types of pavement repair strategies and performance models. h. Allow for linking and storing electronic documents and images including photos, construction documents, testing results, etc. related to each specific street. The City will provide the Contractor with the following data to incorporate and integrate into the pavement management system: • GIS data for centerlines, eop's, and parcel lines will be provided in an ESRI file geodatabase. ® Street functional classification ® Traffic volumes ® Available historical street maintenance data ® Available existing pavement condition ratings 4. Service, Technical Support and Training 19 1 RFP 18-PW01 The Contractor shall provide software testing and maintenance, training and technical support for the pavement management system. The Contractor shall test the configuration to ensure that all configuration requirements are properly functioning. The Contractor shall provide onsite training ata City facility for up to six (6) Citystaff members. Annual software maintenance and technical support shall be provided for a minimum of one (1) year plus four (4) additional consecutive years. 4.0 CITY'S RIGHT TO INVESTIGATE The Cif ymay make such investigations as deemed necessary to determine the ability of the consultant to provide the supplies and/or perform the services specified. .1 OFFEROR INFORMATIONAL UI E TS Firms interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. an SECTION 5: COST PROPOSAL LJ G\BLI�I ILll 2UU6 MUST BE RETURNED WITH BID One (1) original and two (2) copies shall be submitted in a separate sealed envelope before the required deadline. The offeror's cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5. The undersigned bidder, having familiarized themselves with the work required by the RFP, the bid documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary tot he successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by bidderfor the total contract price of: Total Price $ Print Total Price in Words Print/Type Company Name Here: Authorized Signature Date Print/Type Nam Print/Type Tit 21 1 RFP 18-PWO1 Task Description Cost Year 1- 68 Miles (Local/Arterial/Collector Roads) 1 Project Management 2 Network Definition 3 Pave me nt Co n d ition Su rvey 4 GIS Update 5 Analysis and Pavement Management Plan 6 Final Reports 7 Quality Assurance and Quality Control 8 Software Maintenance Fee &Support Year One Total Year 2 -114 Miles (Su bdivision/Residential Roads/Gravel Roads) 1 Project Management114Miles( Subdivision/Residential Roads/Gravel Roads) 2 Network Def initionProject Manage ment 3 Pavement Condition SurveyNetwork Definition 4 GIS Update Pavement Condition Survey 5 Analysis and Pavement Management Plan GIS Update 6 Final Reports Analysis and Pavement Management Plan 7 Quality Assurance and Quality Control Final Reports 8 Software Maintenance Fee &Support Quality Assurance and Quality Control Year Two Total Year 3 & 4 1 No Road Survey 2 Software Maintenance Fee &Suppor Year Three & Four Total Year 5 - Al I City Roads 1 Project Management 2 Network Definition 3 Pavement Condition Survey 4 GIS Update 5 Analysis and Pavement Management Plan 6 Final Reports 7 Quality Assurance and Quality Control 8 Software Maintenance Fee &Support Year Five Total YEAR 1— 5 TOTAL 22 1 RFP 18-PW0i e The evaluation committee will review and evaluate the proposals according to the following criteria: ® A selection team for the City will initially evaluate and score all submittals received. Proposals not meeting the minimum requirements and those who are non-responsive will not be considered. ® Cost Proposals will be reviewed after the technical review process and points will be awarded based on the best value to the City. Proposal Evaluation Criteria Qualifications of the team 25 pts. ® Organization strength and stability ® Education and experience of the assigned staff ® Key personnel's level of involvement ® Proximity and availability of key personnel Work Plan 25 pts. ® Project approach ® Project innovations ® Schedule Related Projects and References 25 pts. ® Experience and technical competence on similar projects ® Previous experience with City of Milton projects ® Quality of the final work product IF Ability to meet schedules Price (Section 5) 25 pts. 23 1 RFP 1 -PWOI The City's standard contract is attached tot his document as Appendix A. Contractor should notify the City of any terms within the standard contract that preclude them from responding tot he RFP. This notification must be made by the deadline for receipt of written/e-mailed questions or with the consultant's RFP response. Any requests for material, substantive, important exceptions to the standard contract will be addressed in any formal written addendum issued by the procurement officer in charge of the solicitation. The Cityreserves the right to address any non -material, minor, insubstantial exceptions to the standard contract with the highest scoring offeror at the time of contract negotiation. 7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the consultant's RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City's standard contract, attached as Appendix A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring offeror. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. I n the event of a dispute as to the duties and responsibilities of the parties underthis contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. 7.2 SUBCONSULTANT The highest scoring offeror will be the prime contractor if a contract is awarded and shall be responsible, in total, for all work of any sub -contractors. All sub- contractors, if any, must be listed in the proposals. The City reserves the right to approve all sub -contractors. The Contractor shall be responsible to the City for the acts and omissions of all sub -contractors or agents and of persons direct lyor indirectly employed by such sub -contractors, and for the acts and omissions of persons employed directly by the Contractor. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any subcontractor and the City. 7.3 GENERAL INSURANCE REQUIREMENTS See sample contract. 7.4 COMPLIANCEWITH WORKERS' COMPENSATION ACT The Contractor is required to supply t'he City of Milton with proof of compliance with the Workers' Compensation Act while performing work for the City. Neither the Contractor nor its employees are employees of the City. The proof of 24 1 R"FF' 18-PW()1 insurance/exemption must be received by the City of Milton within ten (10) working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO VENDORS WHO FAIL TO PROVIDE THE REQUI RED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 7.5 COMPLIANCE WITH LAWS The Contractor must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or sub -contracting by the Contractor subjects sub -contractors to the same provision. The Contractor agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 7.6 CONTRACT TERMINATION See sample contract. No Text OF k .4 Tr) K 1� ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 18-PWO1 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: ZIP: PHONE: EMAIL ADDRESS: Signature ADDENDUM #1 FAX: Date 11Page RFP 1 8 - P W 0 1 - Ad deridunl tl. This Addendum forms a part of the contract documents and modifies the original RFP documents as noted below: 1. Whether companies from Outside USA can apply for this? (like,from India or Canada). Part of the evaluation process is 6.0 Qualifications of the team, state proximity and availability of key personnel. 2. Whether we need to come over there for meetings? Yes. 3. Can we perform the tasks (related to RFP) outside USA? (like, from India or Canada) Yes. 4. Can we submit the proposals via email? No. 5. In section 1.4 A. 5. a. the following statement is made: No more than ten (10) single sided pages (six pages if double sided). Is it 10 single sided pages (five pages if double sided) or 12 pages single sided pages (6 pages if double sided)? 12 single sided pages (6 pages if double sided) 6. In section 3.2 1.4., the ASTM -D6433-11 or equivalent methodology is mentioned. Is the Federal Highway Administration's (FHWA) Long -Term Pavement Performance (LTPP) rating methodology considered an equivalent methodology by the City? Yes LTPP is acceptable. 7. If an equivalent methodology is acceptable, will the City issue an alternate bid tab for rating the entire roadway network in year one? Performing an analysis with condition data from two methodologies would be cost prohibitive. Yes The City would Like the original payment summary filled out as well as the new summary in the addendum changing the evaluations totals and times. If the changing of the methodology makes it impossible to fill out the original payment summary then only filling in the second is acceptable. 21 Page ALTERNATE BID FORM Task Description Cost Year 1— ALL CITY ROADS 1 Project Management 2 Network Definition 3 Pavement Condition Survey 4 GIS Update 5 Analysis and Pavement Management Plan 6 Final Reports 7 Quality Assurance and Quality Control 8 Software Maintenance Fee & Support Year One Total Year 2&3 1 No Road Survey 2 Software Maintenance Fee & Support Year Two & Three Total Year 4 — 68 Miles (Collectors) 1 Project Management 2 Network Definition 3 Pavement Condition Survey 4 GIS Update 5 Analysis and Pavement Management Plan 6 Final Reports 7 Quality Assurance and Quality Control 8 Software Maintenance Fee & Support Year Four Total Year 5 — 114 Miles (Residential) 1 Project Management 2 Network Definition 3 Pavement Condition Survey 4 GIS Update 5 Analysis and Pavement Management Plan 6 Final Reports 7 Quality Assurance and Quality Control 8 Software Maintenance Fee & Support Year Five Total Year 1-5 Total 3 1 Page RFP 1 8-PWO1-Addenciurn '? 1 8. We have the following question for clarification regarding RFP No. 18-PWOl: Section 1.4, A. Submittal Requirements, 3. City of Milton Proposal Letter (information entered): We have reviewed the RFP and this referenced proposal letter doesn't seem to be included in the RFP. Can this document please be provided? Answer. The Proposal Letter will be required and is provided as port of Addendum # I - See Below 41 Page HOME OF ' [VI I I i I( IN FSTARI.ISI IFD 2006 RFP# 18-PWO1 PROPOSAL LETTER (Bidder to sign and return with proposal) We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP) - Pavement Management Software & Condition Survey. It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the city. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company_ I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature Print/Type Nam Print/Type Company Name Here to RFP 18-PWO1 Pavement Management Software & Condition Survey EXHIBIT 6699 — Please note the original price has been superseded by the negotiated price attached in Exhibit B — Technical Proposal "RFP No. 18-PWO 1 Pavement Management Software & Condition Survey" November 7th - 2:00 PM City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 consulting IMS Office Location Proposed in Conjunction With:I I' engineering data collection 1775 Winnetka Circle Rolling Meadows, IL 60008 (847) 506-1500 ph (847) 255-2938 fax software www.ims-rst.coni 1� ISTAB LIS IILL) 2006 CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: RFP Title: 18-PWOI Pavement Management Software& Condition Survey Due Date and Time: Fax: 678-242-2499 Local Time: November 7, 2017 @ Number of Pages: 47 2:00 PM 2006 Heritage Walk ISSUING DEPARTMENT INFORMATION Issue Date: October 19, 2017 City of Milton Phone: 678-242-2500 Public Works Department Fax: 678-242-2499 2006 Heritage Walk Website: www.cityofmiltonga.us Milton, Ga. 30004 2006 Heritage Walk I NSTRU CTI ONS TO CONSU LTANTS Return Proposal to: Mark Face of Envelope/Package: Authorized Consultant Signatory: RFP Number: 18-PWO1 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office Special Instructions: 2006 Heritage Walk Deadline for Written Questions Milton, Ga. 30004 October 27, 2017 Consultant FAX Number: Email questions to Honor Motes at (480)839-4348 honor.motes@cityofmiltonga_us IMPORTANT, SEE STANDARD TERMS AND CONDITIONS CONSULTANTS MUST COMPLETE THE FOLLOWING Consultant Name/Address: Authorized Consultant Signatory: IMS Infrastructure Management Services, LLC Stephen Smith, P.E. 1820 West Drake Drive, Suite 104 Tempe, Arizona 85283 (Please print name and sign in ink) Consultant Phone Number: Consultant FAX Number: (480)839-4347 (480)839-4348 Consultant Federal I.D. Number: Consultant E-mail Address: 20-0843083 ssmithnims-rst.com CONSULTANTS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE 2006 Heritage Walk Milton, GA 30004 P; 678.242,2500 1 F; 678.242.2499 info( cityofmiltonga.u5 I vvvvvv.cityofmiltonga,u5 0000 4 1 RFP 18-PWOI ESTABLISI ILL' 2007 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when itis submitted. Name of Consultant IMS Infrastructure Management Services, LLC Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom contribution has been made in the past two (2) years.) Not Applicable List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description N/A N/A N/A N/A N/A N/A Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: None N/A HOME OF ` ESTABLISHED 2006 RFP# 18-PWO1 PROPOSAL LETTER (Bidder to sign and return with proposal) We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP) - Pavement Management Software & Condition Survey. It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the city. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature Date 11/02/2017 Print/Type Name Stephen Smith, P.E. Member/Manager Print/Type Company Name Here IMS Infrastructure Management Services, LLC RFP 18-PWO1 Pavement Management Software & Condition Survey 5 1 RFP 18-PWO1 MUST BE RETURNED WITH PROPOSAL CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirm ofivelythot 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 commonlyknown 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 0.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: 70482 eVerify Number 11/29/2007 Date of Authorization IMS Infrastructure Management Services, LLC Name of Contractor Pavement Management Software & Condition Survey 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 October 31s! 2017 in Tempe(city), Arizona (state). ,Ygnof of horized Officer or Agent Stephen Smith, P.E. Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ZACHARY LESTER THOMASON Notary Public - Arizona �j .�,=pa County pfr pares Jan 24, 2019 My Commission Expires: �4 o!q TABLE OF CONTENTS A. PROJECT TEAM A.1 IMS Qualifications A.2 Staff Qualifications A.3 Staff Qualifications B. WORK PLAN 6.1 Understanding The Scope Of This Assignment 13.2 Objective Pavement Distress Assessment 13.3 IMS Easy Street Analysis (ESA) Spreadsheet 13.4 Schedule C. RELATED PROJECTS AND REFERENCES C.1 References Appendix I RFP /8-PWOI Pavement Management Software& Condition Survev 1 1 2 3 5 5 7 8 10 11 12 Executed Forms TOC L149 A. PROJECT TEAM A.1 IMS QUALIFICATIONS IMS Infrastructure Management Services, LLC is the premier pavement management firm in Georgia as we have completed projects in Marietta, Canton, Dunwoody, Sandy Springs, Brookhaven, Atlanta, Fulton County, Milton in 2008, and many other municipalities' throughout Metro Atlanta. With 50 — 60 pavement management assignments completed annually, we stand second to none in our ability to establish cost effective maintenance management programs for agencies such as Milton. For this project, IMS will be teaming with PSD Software, LLC, who will be responsible for all activities related to the integration and mapping of the pavement management system to the City's current HiperWeb CMMS. A core objective of this project is to provide the City with the tools, skills, and information to manage their roadway network in the most cost effective manner that provides the ratepayers of the City of Milton with the optimal blend of level of service and annual expenditures. To accomplish this goal, IMS Infrastructure Management Services will conduct field surveys utilizing enhanced ASTM D6433 protocols that will provide a solid understanding of the status and needs of the roadway network. IMS will mobilize the Laser Road Surface Tester (RST) for the surface distress surveys over the course of 5 years. The data will then be harnessed to develop comprehensive multiple -year street rehabilitation plans that optimize pavement quality and minimize annual expenditures. The final rehabilitation plans are developed using Priority Weighting Factors that are customized to meet the evolving needs of City staff and optimized using cost benefit techniques. While the IMS team can assess the City's existing PAVER pavement management data and evaluate other options (i.e. updated PAVER version, HiperWeb, Interactive Spreadsheets), IMS recognizes that not all cities have the resources to run a dedicated pavement management program. As such, IMS has engineered an easy to use Interactive Excel Spreadsheet (ESA — Easy Street Analysis) that utilizes the core metrics of any good pavement management system such as industry standard performance curves, ASTM D6433 distress protocols, custom prioritization, and cost benefit optimization. The PSD team has already seen the ESA spreadsheet and can easily integrate the condition data and rehabilitation plan within the HiperWeb software. While this is the most cost effective solution, IMS and PSD could also develop and configure a fully functional pavement management system within the HiperWeb Enterprise Suite of software. This proposal will highlight the following activities: IMS' innovative approach to objective ASTM D6433 automated data collection. Implementation of the Easy Street Analysis (ESA) spreadsheet. Integration and mapping of the ESA analysis results to the City's HiperWeb software. Development a comprehensive 5 -year pavement management plan that prioritizes City needs (by functional class, pavement type, strength, & zones) and optimizes the rehabilitation plan based on cost benefit techniques. 'mm RFP 13-PW01 Pavement Management Sofhvare& Condition Stavev Page 1 A.2 STAFF QUALIFICATIONS The IMS team is built around a core group of key project members that stay with the project from inception through to delivery of the final results. It is where project ownership is assigned and decisions are assessed, implemented, and follow-up is completed. The core team, led by Stephen Smith, Project Principal and Zac Thomason, Client Services Manager, also includes Marc Kallaoun, CEOof PSD Software, as the CMMS software integration specialist. The IMS team proposed here is also the same team that completed the Milton assignment in 2008. The team has been structured into two streams that follow the logical work activities and flow of the project. Each work stream is headed by a specialist in their respective field of practice. For this assignment, activities relating to the acquisition and quality of field data Engineering Servi essg are undertaken and managed by David Butler. David was selectedanager HiperWeb Integration ServicesField M for this role due to his 250,000 miles and over 30 years of technical data Pro6ect Engineer GI S Manager management experience. John Day will coordinate the RST field City of Milton program and implement the initial IMM Project Leadership IMM data processing preparations. Marty Shaeffer will manage the GIS linkage and optional activities such as asset inventories and image deliverables. Roy Barkman and David Bratton will manage the post -processing routines, pavement condition data formatting and verification programs. We purposefully separated the field surveys from the data management and consulting functions in order to ensure the continual flow of data from the field, through post processing, and then on to the client. We believe that the person who collects the data cannot be the same one who validates the data. The client services manager is responsible for ensuring the project remains on schedule and on budget, while being the point of contact for the City. The entire team will operate under the direction of Stephen Smith, IMS Principal. Stephen was selected to lead this team for a few mission critical reasons: • As a Principal of IMS, he will be able to bring on additional resources as necessary and react to on-going project challenges in a timely fashion. In this role, Stephen's main goal will be to ensure the City of Milton receives the data they contracted IMS to provide, and in exchange, IMS can receive a strong client reference. • Stephen has over 30 years of engineering and project management experience with the past 18 years focusing on pavement and right-of-way data collection assignments. His experience in roadway design and construction, municipal engineering and pavement analysis puts him in a strong position to develop real world solutions and budgets. 'ma RFP 18-PWOI Pavement Management SoJhvare& Condition Survev Page 2 A.3 STAFF QUALIFICATIONS The project roles, qualifications, and responsibilities of the key team members are highlighted and summarized below. Team Member Project Role & Experience Stephen Smith, P.E. Responsible for ensuring technical resources are available for the data collection and processing, and then directly involved Project Principal with the pavement analysis and reporting. Stephen will be 18 Years with IMS integral throughout the analysis and reporting phase. Stephen Automated Data: Yes will also ensure that the project remains on time and that the Pavement Management: Yes final report is reviewed with City staff. ROW Assets: Yes B.S. in Civil Engineering, 30+ years' experience. Software Implementation: Yes 17 years specializing in pavement and right of way asset P.E. in 3 States management for cities and counties. Location: Tempe, AZ In excess of 100 pavement and right-of-way asset management and software implementation projects in the last 5 years. In excess of 300,000 miles of data collection and QA/QC using automated, manual and sampling technologies. Recent projects include: Sandy Springs, Marietta, Atlanta, Fulton County, SR220, Brookhaven, Buckhead, Canton & Dunwoody, GA; Tallahassee, FL; Scottsdale, AZ; Apex, NC. David Butler, P.E. David is responsible for ensuring the prepared inventory and Sr. Engineer processed pavement condition data meets IMS's rigorous QA Quality Assurance Manager standards. He works closely with the Project Engineer to ensure the data meets the deliverable requirements. Should the 32 Years with IMS City select to perform sub -grade data collection, he will Automated Data- Yes implement the QA/QC process for the surveys. Pavement Management: Yes B.S. in Civil Engineering, over 30 years engineering ROW Assets: Yes experience. Software Implementation: Yes Over 25 years specializing in pavement and right of way P.E_ in 7 States asset condition surveys, software implementation, Location: Rolling Meadows, IL analysis, and training. Data collection, inspection and QA/QC of well over 200,000 miles of roadways in all regions of the country. Participation in ASTM sub -committee E1741, TRB sub- committee AFD20 on pavement monitoring, valuation. Recent projects include: Salisbury, MD; Chesapeake, VA; Apex, NC; Sanford, FL; Onondaga County, NY; Stamford, CT; Kettering, Columbus, & Newark OH; Schaumburg, Evanston & Lake County, IL; Anaheim, La Mesa, & Cerritos, CA. 'm m RFP 18-PTV01 Pavement Managenrent Software& Condition Survey Page 3 Marty Shaeffer, P.E. Marty is a professional engineer who has spent the last 17 years dedicated to GIS technology. He is responsible for ensuring GIS & ROW Manager accurate linkage of the IMS data to Milton's existing GIS and 12 Years with IMS works closely with the Project Engineer. Marty also facilitates the 3`d Party Software: Yes processing of RST imagery and the development of optional image deliverables and ROW asset inventories. GIS: Yes Pavement Management: Yes • B.S. in Civil Engineering, 27 years engineering experience. 15+ years specializing in GIS mapping. Location: Tempe, AZ . P.E. in California, New Mexico, & Arizona. • Registered AutoCAD Developer and member of the American Society of Civil Engineers. Recent projects include: San Luis Obispo, CVAG, Sutter County, and Imperial Beach, CA; Muskogee, OK; Casa Grande, Goodyear, Scottsdale, AZ. Roy Barkman, P.E. Roy will be responsible for ensuring the facilitation of data throughout the entire project. His responsibilities begin with Project Engineer ensuring accurate network referencing and end with the 6 Years with IMS processing of raw field data into meaningful results. 3rd Party Software: Yes B.S. in Civil Engineering Automated Data: Yes 7+ years of municipal and private firm experience focused on asset management, roadway design, and land Pavement Management: Yes development Location: Rolling Meadows, IL P.E. in Arizona Recent projects include: Beaumont, Weatherford, Denton, Pearland, Euless, & Southlake, TX; Lancaster, Oceanside, Fontana, & Long Beach, CA; Tahlequah, OK.. Marc Kalloun Marc is responsible for top level management of all HiperWeb HiperWeb Integration deployments. He also provides oversight in the design and development of HiperWeb enhancements, and sets the strategic President & CEO direction for the company. Marc has 24 years of utility focused of PSD Software, LLC software development and implementation experience. HiperWeb Marc worked directly with the City of Milton to implement the CMMS and will be a key advisor to IMS for the implementation of the IMS ESA spreadsheet within HiperWeb's mapping module. If the City elects to develop a new PMS module in HiperWeb, IMS will consult with Marc to ensure the City's goals are met. Recent projects include: City of Milton, City of Griffin and City of Buford, GA: Implementation of HiperWeb CMMS. In addition to the municipal agencies, the following authorities also implemented HiperWeb: Environmental Services Group, Municipal Electric Authority of Georgia and United Water, Inc. 'ma RFP 18-PWO1 Pavement Management Sofhvare& Condition: Survev Page 4 B. WORK PLAN B.1 UNDERSTANDING THE SCOPE OF THIS ASSIGNMENT Three elements are critical to successfully completing a citywide data collection assignment: Street Network Inventory & GIS Integration — The City of Milton street network consists of 182 centerline miles of paved and gravel roadways. IMS will perform a linear pavement distress survey in a continuous manner. As with all projects that we perform, the Laser RST will survey all City arterial and collector roadways in two passes to ensure comprehensive data coverage. IMS will begin the project by adopting the City's existing pavement database and GIS in an effort to prepare the survey inventory for field data collection. New roads will be added and the City's pavement inventory will be reviewed to ensure it meets pavement management requirements. The IMS surveys are tightly coupled with the City's existing GIS environment resulting in a seamless transition of data that is linked to a unique identifier in the City's GIS. Objective Pavement Distress Survey — IMS is unique to the industry, as an objective and repeatable pavement data i collection effort will be completed. The Laser RST will bes� used to perform a surface condition assessment of all streets designated by the City of Milton. Instead of using the s, i subjective feet on ground or windshield sampling method, all - Y� data will be collected continuously and recorded in 100 -foot intervals in the form of a detailed database complete with GPS coordinates. The detailed data will then be summarized at the segment level (intersection -to -intersection) to develop the pavement distress index for each roadway segment. Advanced Technology — The laser camera array (LCA) contains 11 lasers capable of collecting automated pavement condition data in the form of roughness to International Roughness Index (IRI) standards, dual wheel path rutting, transverse cracking, block cracking, alligator cracking and texture. The Direct Digital Condition Rating System (DDCRS) is a touch screen based tablet that allows the user to define what information (distresses, attributes, and asset information) is to be collected and how it is to be quantified. The DDCRS is integrated into the data flow through time code, GPS, distance and inventory control. Data Processing, Formatting, and City Review — Prior to software integration and loading activities, the condition data will be delivered to City staff into an easy to navigate, Excel 'mm RFP 18-PWO/ Pavement Management So/hvarM Condition Survey Page 5 Spreadsheet, complete with graphs and descriptive terms such as Good/Fair/Poor. The detailed PCI extent and severity distress data is also aggregated into an easy to understand 0- 10 index to assist in City review. The condition data is delivered as a Personal Geodatabase, a series of shape files, and KMZ files to ensure City staff comfort with the data outputs prior to software implementation. Software Evaluation — IMS will review the City's existing pavement management data and can perform a software needs assessment if desired. For the purpose of this proposal, IMS and PSD have developed two options for City staff to review that would meet the evolving needs of City Staff and Management. IMS understands that not all agencies have the resources to run dedicated pavement management modeling software so an interactive spreadsheet alternative (linked to HiperWeb) will also be reviewed as a cost savings benefit for the City. • Easy Street Analysis (ESA) & HiperWeb Integration (Base Scope) — As discussed, it may be desirable to simplify pavement management through the use of Interactive Excel Spreadsheets. While not a replacement for a comprehensive asset management system, many agencies simply do not have the staff or resources to run a dedicated pavement management system. As such, IMS has developed an easy to use, Interactive Excel Spreadsheet that retains the core metrics of a comprehensive pavement management system such as ASTM D6433 data protocol integration, roughness in the form of IRI, optional subgrade strength incorporation, environmental attributes, development of logical projects (multiple segments aggregated to form homogenous projects), prioritization based on Milton specific priorities, and optimization through the integration of "Cost of Deferral" techniques. The IMS Easy Street Analysis (ESA) is an Interactive Spreadsheet that allows the user to input work completed, modify project lengths, change annual budgets, commit projects, and easily re -run the analysis on the fly, all while keeping the incorporated graphs current and up to date. With this option, the City's CMMS software provider HiperWeb will develop the integration and mapping necessary to display information in ESA within Hiperweb's environment. • PMS Module Development in HiperWeb (Optional and for Discussion) — IMS is a full service Professional Engineering firm that specializes in automated data collection activities and pavement management analysis techniques. If the City desired to have a fully functional pavement modeling application within HiperWeb, the IMS team could work with HiperWeb to develop the operating parameter logic behind the pavement management application. HiperWeb retains the developers that could perform this work and IMS would serve as the Subject Matter Expert who has developed numerous pavement management systems over the last 30 years. If the City is interested in this option, the scope would need to be discussed further in an effort to develop a budget for the software configuration and development work. As such, IMS and HiperWeb are proposing the use of the ESA spreadsheet linked to HiperWeb as that option will be the most cost effective solution. 'ma RFP 18-PWO] Pavement Management Software& Condition Survev Page 6 B.2 OBJECTIVE PAVEMENT DISTRESS ASSESSMENT The IMS fleet of pavement performance equipment includes four Laser Road Surface Testers, two Dynaflect Devices, and three Sidewalk Surface Testers. For this survey, we propose to use one Laser Road Surface Tester (RST) enhanced with digital imagery and GPS capabilities. The RST, with its 11 laser sensors is capable of collecting a full array of pavement condition data complete with high accuracy GPS coordinates and multiple view digital images for bath rigid and flexible pavements (in real time), as it traverses the street. An integrated Digital Condition Rating Subsystem (DDCRS) supplements the RST data for additional distress data elements, QA/QC and inventory information. Specialized data processing, using GIS as its backbone, allows the pavement data to be quickly checked for completeness and quality. 11l The main components of the enhanced RST are: • A transducer bar with an array of 11 laser cameras, rate gyroscopes, inclinometers and accelerometers to measure pavement roughness, rutting, cracking, and geometrics. • Touchscreen DDCRS that is customized to collect a variety of street attributes and extent -severity based pavement distresses through trained operator input. • Up to 7 digital cameras can be mounted for forward, side, rear, and right-of-way views. • Ability to collect dual wheel path roughness to International Roughness Index (IRI) standards. • High accuracy Global Positioning System (GPS) receiver with inertial navigation for geo- locating of pavement and asset information with excellent accuracy. • Dual distance measuring instruments to measure linear distances to within +/- 0.5%. • Built-in software and on -board processors to develop street inventories, time code integration, and system monitors. The Laser RST travels at the posted spoed limit and thus door not affoct tho frog flow of traffic. This is important as it allows IMS to: • Collect data in a timely fashion without having to trade-off accuracy for production. • Work from a safe, protected environment without risk to the data collectors. • Eliminate the need to implement traffic control, close lanes or attempt to collect the data from the sidewalk or dodge traffic. • Collect, validate, and safeguard large volumes of data without the need for transposing data from portable data collection units or paper. The Laser Camera Array (LCA) also automatically collects transverse cracking, block cracking, alligator cracking, distortions, roughness, geometrics, and texture. The laser camera technology automatically detects cracks and minute variances in the pavement surface. Thus, the LCA greatly diminishes the subjective nature of PCI data collection performed by image - based surveys. 'mm RFP 18-PW01 Pavement Management Software& Condition SmrveY Page 7 13.3 IMS EASY STREET ANALYSIS (ESA) SPREADSHEET While the results of the survey will certainly be documented and bound into a final report that illustrates the findings of the survey, it is imperative that City staff have access to the pavement condition and analysis results without having to become software experts. While IMS is a proposing integration with HiperWeb, we have engineered a simple, and easy to use, Excel spreadsheet that utilizes the core metrics of any great pavement management system such as the ability to prioritize and optimize the multi-year plans. The IMS ESA spreadsheet will be programmed to develop a multi-year maintenance and rehabilitation plan using "cost of deferral" as a rehabilitation candidate selection constraint in an effort to introduce cost -benefit techniques into the City's pavement management plan. In addition, the Excel spreadsheet will have referenced deterioration curves for each functional classification, pavement type, and even pavement strength rating. The power of having the data in such an open architecture fashion allows the City to utilize a custom HiperWeb PMS module in the future if desired. The spreadsheet will also contain a full suite of maintenance and rehabilitation techniques, unit rates, and associated PCI resets. The parameters of the analysis (Priority Weighting Factors) can also be modified and reprioritized on the fly. This will allow the City's data to evolve with the priorities of elected officials and department staff. Programmed priority weighting factors include functional classification, pavement type, and pavement strength while actual candidate selection is based on the incremental cost of deferral. As seen in the image below, the analysis data in the spreadsheet is supplemented with many cells highlighted in yellow. The yellow highlighted cells simply indicate that they are "HOT" and can be modified by the end user. Two of the yellow cells shown below represent the Annual Budget and the Project ID. The Annual Budget cell can be modified with a new budget and the 5 -year plan will automatically re -prioritize on the fly. While IMS will have already aggregated the City's segments (intersection -to -intersection) into viable projects (multiple segments strung together to form a logical project), the user has the ability to aggregate additional segments into a project or even remove a segment from a project without having to become a software expert. • qqSS `� a Yqq [ 1 3 t ff a � 5 tri... i'.. .r.1, w u«.n 'MM RFP /8-PWO/ Pavement Management Software& Condition Survey Page 8 The spreadsheet also allows an agency to re -fresh the 5 -year plan by entering the maintenance and rehabilitation work completed. As seen in the image below, the spreadsheet is supplemented with "PCI Override" functionality. When work is completed on a particular segment, the user simply inserts the override PCI value along with a date. The spreadsheet then removes the segment from the 5 -year plan and updates all referenced network PCI averages. ravement tonumon summary 74 53 67 6/1/2014 MOD Good 0 0 66 55 63 57 6/1/2014 MOD Fair 27 18 55 70 63 68 6/1/2014 MOD Good 19 10 66 Other features of the IMS Easy Street Analysis spreadsheet are as follows: • Red triangle tips that trigger a dialogue box explaining cell contents. • Ability to add new road segments and attributes on the fly. • Modifiable distress indices for City field inspections. • Input work completed and override segment level PCI scores. • Prioritize by neighborhoods, zones, or districts. • Ability to modify project lengths — includes aggregating and splits. • Commit projects and force "Must Do's" or "Must Never Do". • Program varying annual budgets over a 5 -year horizon. • Commit a percentage of the budget to surface treatments if desired. • Automated rehab plan prioritization and optimization. • Macros that automatically sort and filter simple rehab and inventory lists. • Ability to sync the spreadsheet with the Data Viewer though a .CSV file export. While the spreadsheet is not meant to replace pavement management systems, it is an alternative for smaller agencies that do not have the resources or staff to maintain a dedicated application. If a dedicated system is still desired, IMS and PSD can move forward with an option to develop a customized PMS module in HiperWeb. The latter would need to be discussed and scoped with City staff to ensure a level of comfort with the deliverable. '�� RFP I8-PWOI Pavement Management So(nvare& Condition Survey Page 9 Today: 3/30/2015 PCI: 76 Current Network PCI: 74 w U V3 7 N X x ° D R as = :a ° _ Z5 ° o w ° D �_ m R &i tY X N mcc d a :° -E o _ +' = o N R a E C7 = Q p J p > > (D c � p Q O O in M- a in zZ 0 �� a a v it 74 53 67 6/1/2014 MOD Good 0 0 66 55 63 57 6/1/2014 MOD Fair 27 18 55 70 63 68 6/1/2014 MOD Good 19 10 66 Other features of the IMS Easy Street Analysis spreadsheet are as follows: • Red triangle tips that trigger a dialogue box explaining cell contents. • Ability to add new road segments and attributes on the fly. • Modifiable distress indices for City field inspections. • Input work completed and override segment level PCI scores. • Prioritize by neighborhoods, zones, or districts. • Ability to modify project lengths — includes aggregating and splits. • Commit projects and force "Must Do's" or "Must Never Do". • Program varying annual budgets over a 5 -year horizon. • Commit a percentage of the budget to surface treatments if desired. • Automated rehab plan prioritization and optimization. • Macros that automatically sort and filter simple rehab and inventory lists. • Ability to sync the spreadsheet with the Data Viewer though a .CSV file export. While the spreadsheet is not meant to replace pavement management systems, it is an alternative for smaller agencies that do not have the resources or staff to maintain a dedicated application. If a dedicated system is still desired, IMS and PSD can move forward with an option to develop a customized PMS module in HiperWeb. The latter would need to be discussed and scoped with City staff to ensure a level of comfort with the deliverable. '�� RFP I8-PWOI Pavement Management So(nvare& Condition Survey Page 9 13.4 SCHEDULE Over the course of implementing and collecting roadway and asset data for well over 700 transportation and municipal agencies, IMS has developed a logical sequence of activities to effectively obtain the greatest efficiency for each project. IMS will use a series of Task Activities to define a work plan and then assign appropriate resources to fulfill the contractual requirements, schedule, and budget. The tasks are used to monitor performance and productivity, and link them directly to a contract unit of measure. For this assignment, we have developed three tasks, each with numerous activities and deliverables within them. Project Initiation — this task will set the tone for the overall assignment, as well as document the scope, deliverables and formats. Field Surveys — this task is the heart of the project and encompasses all activities relating to the Laser RST surveys. Starting with the equipment calibration, the field surveys have been designed to collect the most data in the most efficient manner possible. Field surveys will also be used to undertake quality assurance activities that relate to network coverage, and image quality validation. Data Management — this is the task that takes the raw information collected in the field, and processes it into a series of deliverables. This task will also complete the quality assurance and quality control, data processing, formatting, data loading, image deliverable processing, the development of the ESA interactive Excel spreadsheet, and completion of the pavement analysis and report. Currently, IMS has the survey capacity for approximately 2,500 miles/month, so completing the City of Milton surveys in a timely fashion is not an issue. Field surveys are expected to progress at a rate of 25 to 35 miles per day and are expected to proceed at 5 to 6 days per week depending on weather and statutory holidays. IMS has the available staff, equipment, and resources to manage a timely project for the City of Milton. IMS surveys only when the roads are free of debris, freestanding water, and only with ample light conditions_ In addition, the Milton field surveys will be completed in conjunction with Sandy Springs and Dunwoody in early 2018. IMSRFP 1 Y-PWOI Pavement Management Software& Condition Survey Page 10 .eTask cember,s Ian ary, February ..,cl April May Activity Initiation 11 18 H 15 5 12 19 r, 12 19 16 14 21 28 Project Award & Scope Confirmation NTP & Project Kick Off GIS Review & Validation Suney Routing & Mapping Field Surveys RST Mobilization & Calibration RST Field Data Collection Data Management Data QA/QC. Processing & Format Pavement Analysis & Budget Development Draft & Final Reports (wear Plan) HiperWeb Integration & Mapping with ESA IMSRFP 1 Y-PWOI Pavement Management Software& Condition Survey Page 10 C. RELATED PROJECTS AND REFERENCES As a premier full-service pavement management firm, our projects take us to all areas of the Southeast United States. In recent years, IMS has developed numerous long-term clients throughout the region. IMS serves as the asset management firm for Sandy Springs, Dunwoody, & Brookhaven, GA and Tallahassee, Sanford, & North Port, FL. Rather than delivering "off the shelf' pavement analyses, IMS delivers pavement management programs that are optimized for the client's budget, infrastructure needs, and M&R toolbox. On all assignments, the IMS team utilized our Laser RST to perform a network wide pavement performance evaluation on asphalt and concrete roadways alike. The RST, equipped with an array of 11 lasers, digital cameras, GPS, and a touchscreen tablet drove the agencies roadways in an effort to update the pavement distresses and asset inventory data. IMS also offers ROW asset data collection, deflection surveys for subgrade analysis, software implementation services, and ADA transition planning for municipal agencies. Our philosophy is based on the provision of quality pavement condition data for the ir implementation of multi-year pavement • management plans. As illustrated in the .. .. �' . adjacent map, our extensive reach ' throughout the United States will allow us0 0 0 �'� �. jL • .. •: to include comparison results againstt • 0 ' the City's current roadway conditions. . ;. • This comparison will highlight how the City's current PCI results stand up against other regional agencies, and those with similar, humid climatic conditions throughout the Southeast, Mid -Atlantic, and Southern Plains. IMS is the only pavement management consultant who has enough local and regional expertise to offer such a wide-ranging comparison across multiple reporting standards. IMS Easy Street Analysis Implementations IMS has been offering versions of the ESA spreadsheet to municipalities for a few years now, and our engineering team is continuously making improvements to the features. For agencies maintaining street networks from 20 to 200 centerline miles, the ESA spreadsheet has been a resourceful tool. Below are a few local ESA users as well as other recent implementations for similar agencies. In addition to the examples below, IMS is also working with the City of Dunwoody to potentially convert to ESA from PavePRO in 2018. Peachtree Corners, GA Apex, NC Cambridge, MD Powder Springs, GA Forsyth, IL Findlay, OH Canton, GA New Smyrna Beach, FL Pearland, TX Peachtree City, GA Edgewater, FL Euless, TX 'mm RFP 18-PW01 Pavement Management Soj6vare& Condition Survev Page 11 CA REFERENCES The following projects are provided as a testament to our ability to provide quality asset management services. The proposed project team has been involved with each project. Canton, GA (2016) Contact: Scott Hooper, Public Works Director Phone: (770) 704-2503 Email: scott.hooper(a)cantonga.gov In 2016, IMS was awarded a pavement and asset management system implementation project with the City of Canton. IMS provided citywide pavement distress surveys, GPS and video inventories on approximately 150 survey miles. IMS delivered rehabilitation analysis, GIS integration, data load, and report development including 5 -year forecast, budgets, M&R strategies for City use. All data was loaded to the ESA spreadsheet customized for the City. Other activities included six ROW asset inventory databases and the implementation of IMSvue. Dunwoody, GA (2009, 2013 & scheduled in 2018) Contact: Michael Smith, Public Works Director Phone: (678) 382-6850 Email: Michael.smith(aD_dunwoodyga.gov IMS has completed two pavement condition assessments for the City of Dunwoody starting in 2009. The 2009 project included a comprehensive pavement and right of way asset inventory plan for signs, signals, curb & gutter, sidewalks, ADA ramps, catch basins, ditches, sports/play facilities, and striping & markings. In 2013, IMS again surveyed approximately 180 miles of the City's network. The project included the delivery of digital images at 25 -foot intervals, and data load, and an analysis, trend review and report. Atlanta, GA (2014 & planned in 2018) Contact: Pete Estes, ARCADIS Phone: (770) 431-8666 Email: Peter. Estes(a)arcadis-us.com IMS was awarded a contract, in conjunction with ARCADIS U.S., to complete a network -wide pavement condition survey on approximately 2,200 test miles. IMS also completed deflection surveys on the arterial and collector roadways. The resulting end deliverables will be a comprehensive pavement condition analysis and report of the current state of the network. City of Sandy Springs, GA (2008, 2012, 2014 & scheduled in 2018) Contact: Donald Kahn Phone: (770) 206-2017 Email: dkahn(a_)sandyspringsga.gov In 2005, IMS implemented an integrated Lucity pavement and asset management module complete with citywide pavement performance, facilities, and ROW asset surveys for the City. IMS collected inventory, location, attribute, and condition data on signs, sidewalks, curb and gutter, signals, ramps and storm drainage. In 2008, 2012 & 2014 the City selected IMS and LOWE to complete an update of the roadway network condition and guardrail inventory. Each project included various aspects of detailed rehabilitation analysis, GIS integration, software configuration and training and report development including 5 year forecast, budgets and rehabilitation strategies for the City. 'mm RFP 18-PW01 Pavement Management Software& Condition Surve.v Page 12 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 18-PW01 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga_us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: IMS Infrastructure Management Services, LLC CONTACT PERSON: Zac Thomason, M.B.A, Client Services Manager ADDRESS: 1820 West Drake Drive, Suite 104 CITY: Tempe PHONE: (480) 839-4347 EMAIL ADDRESS: zth DDENDUM #1 STATE: Arizona ZIP: 85283 FAX: (480) 839-4348 ason@ims-rst.com 11/02/2017 Date 11Page RFP 1 8-PWO1 -Addendum # 1 IMS IMS Infrastructure Management Services 1820 W Drake Drive, Suite 104 Tempe AZ 85283 Phone: (480) 839-4347 Fax: (480) 839-4348 www.imsanalysis.com February 25, 2019 City of Milton Public Works Department 2006 Heritage Walk Milton, GA 30004 Attention: Matthew Fallstrom, Capital Projects Manager Reference: RFP 18-PW01 Price Proposal Update Dear Mr. Fallstrom: IMS Infrastructure Management Services, LLC, is pleased to submit our revised cost proposal for the performance of a pavement condition update. The following pages document our anticipated tasks, activities, and deliverables associated with this assignment including the incorporation of the optional data viewing tool, IMSvue. All pricing is exclusive of any City, State or Federal taxes, levies, or duties. Our assumptions associated with this assignment include: • Field surveys will be performed on 182 centerline miles of City maintained asphalt and gravel roadways over a 5 -year horizon as listed in the Request for Proposal documentation. The IMS Laser RST will survey all arterial and collector roadways in 2 directions while single pass testing the residential roadway network. • Access to the City's existing GIS topology and PAVER data files to confirm coverage. • City staff participation in the review of the rehabilitation unit rates, pavement analysis operating parameters (prioritization & optimization techniques), and analysis results. • Implementation of a simple to use Interactive Spreadsheet (IMS Easy Street Analysis), IMSvue data management tool, and integration/mapping to the City's existing CMMS HiperWeb software. We want to thank you for considering the IMS team as a viable solution for your pavement management program and we look forward to becoming a valued member of the Milton team. Thank you for your time and consideration. Sincerely, IMS Infrastructure Management Services Dan White Client Services Manager 'mm IMS- Revised Milton Cost Proposal DELIVERABLES SUMMARY: The project will be completed over a 5 -year horizon with select roadways identified for survey in years 1, 4, and 5 (alternate bid). The spreadsheet presented on the following page represents our total 5 -year not -to -exceed price of $122,592.00 based on the IMS work plan, deliverables, and assumptions provided. Task 1.0 — Project Initiation • A technical memorandum outlining the approved project scope, deliverables and schedule. • A technical memorandum defining the limits of the survey program and QA/QC procedures. • Identify location of key data elements such as traffic data, GIS, existing roadway inventories, and pavement management data. • Identify deficient data and the means to obtain it. The City's GIS should retain an ownership attribute, functional classifications, and contiguous line work. If the City's GIS does not retain any or all of these, IMS staff can provide supplementary GIS Clean -Up Services if needed. • A street inventory and maps containing all existing streets to be surveyed plus identification of the location of new streets to be added to the surveys and database(s). Task 2.0 — Field Surveys • Pavement surface distress data collection of 182 centerline miles of City maintained roadways. The Laser RST will two pass test all roadways, resulting in a Year 1 survey mileage of 219, Year 4 survey mileage of 82, and Year 5 survey mileage of 114. • IMS will utilize the ASTM D6433 data collection and will collect the surface distress data in a linear fashion at 100 -foot intervals. All data will be summarized and reported at the segment/block level. • Updating the streets inventory and sectional attributes, including ownership, pavement type, etc. • The following project meetings are planned: 2 — meetings with the RST crew chief, one prior to the surveys and one at the completion of the surveys to review the data collection coverage. Task 3.0 — Data Management Dovalnpmant of draft pavamant condition data for City review prior to the pavement analysis. The initial results will be supplied in an Excel Spreadsheet, Personal Geodatabase, or even a Google Earth KMZ file. • Delivery of updated GIS personal geodatabase or shape files. • Format and load the data into the IMS Easy Street Analysis Spreadsheet. • Prepare the analysis models/routines and run several budget scenarios (PCI steady state, backlog steady state, +/- 50% of steady state, fix all, do nothing, etc.). • Generate a prioritized and optimized 5 -year rehabilitation plan. • Deliver the Interactive Spreadsheet to City staff and supplement with PDF maps. • Implement IMSvue data management tool. Train staff and provide annual support over the duration of the contract. • Integrate the ESA spreadsheet with the City's HiperWeb CMMS. HiperWeb will map the required fields from the spreadsheet to HiperWeb. Provide ESA training. • Develop the Final Report complete with a selected 5 -year prioritized rehabilitation plan. ' mm IMS - Revised Milton Cost Proposal MILTON FEE SCHEDULE: The Milton pavement data collection effort is based upon the IMS work plan and deliverables as discussed in this document. The fee proposal presented below represents the IMS not -to -exceed budget. The IMS team is confident that our approach to automated data collection and an easy to use Excel Spreadsheet will exceed the City's expectations through quality deliverables and timely completion. ALTERNATE BID FORM Task Description Cost Year 1— ALL CITY ROADS 1 Project Management $3,$22.00 2 Network Definition $31000,00 3 Pavement Condition Survey $27,090,00 4 GIS Update $3,942.00 S Analysis and Pavement Management Pian $3.500.00 6 Final Reports $3,500.00 7 Quality Assurance and Quality Control $3,285.00 8 Software Maintenance Fee & Support $6,634.00 Year One Total $51k773.00 Year 2 & 3 1 No Road Survey 2 software Maintenance Fee & Support Year Two & Three Total $3,000.00 Year 4— 68 Miles (Collectors) 1 Project Management S2.090.00 2 Network Definition 53,000.00 3 Pavement Condition Survey 512,020,00 4 GIS Update S1,476.00 5 Analysis and Pavement Management Plan S3.500.00 G rinal Report: S3,500.00 7 Quality Assurance and Quality Control S1.230.00 R Software Maintenance Fee & Support $3,134.00 Year Four Total $29,950.00 Year 5 — 114 Miles (Residential) 1 Project Management 52.433.00 2 Network Definition 53,000,00 3 Pavement Condition Survey 515.540.00 4 GIS Update 52.052.00 5 Analysis and Pavement Management Plan 53,500,00 6 Final Reports 53,500.00 7 Quality Assurance and Quality Control S1.710.00 8 Software Maintenance Fee & Support 53.134.00 Year Five Total $34,869.00 Year 1-5 Total 1122-592-00d 1 MS IMS - Remised Milton Cost Proposal Additional Optional Service Items and Activities Item Units Unit Rate Total 1 Dynaflect Mobilization/Calibration 1 LS $2,500.00 $2,500.00 a. Dynaflect Field Data Collection (Artenals & collectors only) 73 T -Mi $150.00 $10,950.00 2 Council Presentation 1 LS $3,500.00 $3,500.00 3 ROW Asset Inventory Development (HD video collection & Calibration) 219 T -MI $20.00 $4,380.00 a. Sidewalk & Obstruction Database Development 219 T -MI $50.00 $10,950.00 b. Curb & Gutter Database Development 219 T -MI $50.00 $10,950.00 c. Sign & Support Database Development 219 T -MI $100.00 $21,900.00 d. ADA Ramp & Obstructions Database Development 219 T -MI $60.00 $13,140.00 e. Mediab/Curb Drop Inlet Database Development 219 T -MI $30.00 $6,570.00 f. Pavement Markings & Striping Database Development 219 T -MI $60.00 $13,140.00 g. Signals/Flashers/Controllers Inventory & Database Development 219 T -MI $40.00 $8,760.00 h. Guard Rail & Roadside Pedestrian Fence Inventory & Database Development 219 T -MI $40.00 $8,760.00 4 Additional or Specialty Maps for Reporting (beyond typical 2 sets) 1 EA $175.00 $175.00 5 Additional Onsite Meetings 1 EA $3,000.00 $3,000.00 6 Additional Hard Copies of the Final Report (Above Typical 2 sets Included) 1 EA $200.00 $200.00 7 Functional Class Review (if nessecary) 219 T -MI $10.00 $2,190.00 8 GIS Clean Up Services 8 HR $175.00 $1,400.00 9 HiperWeb Pavement Management Module Development & Configuration TBD M5/MS - Revised Milton Cost Proposal 1:0041 l to liit EXHIBIT "D" STATE OF 4rfz-vi cl COUNTY OF CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 7oV !F Federal Work Authorization User Identification Number V Date ofA/dthoriza io b IMS Infrastructure Management Services LLC Name of Contractor Pavement Management Software & Condition Survey Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true a d correct. Executed on , 201 � in Zu21(city), 47— (state). i Signature of Authorized Officer or Agent Dad< 1�rhei--, 7pr;11 /- i I Printed Name and Title of Afithorized O icer or Agent SUBSCRIBED AND SWORN BEFORE ME ON Tjf!S THE / �� DAY OF �� / 720//. N RY P LIC [NOTARY SEAL] My Commission Exp r s: ioNOWY Public NA "ORICXOR COMM camnwnion No. 6011424 AAr Coerni M EWN 3131i10M J STATE OF _ COUNTY OF EXHIBIT "E" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with IMS Infrastructure Management Services, LLC on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Contractor Pavement Management Software & Condition Survey Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 20 in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF . 20 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: 400SMA -Aftq V100 ��.. I Y*MtX)ZIWO:NAAM Kowa 064 mth4 -l/'M1M:� ,� EXHIBIT "F" The following individuals are designated as Key Personnel under this Agreement and, as such, are necessary for the successful prosecution of the Work: See personnel listed in Exhibit "B': iaff�Tli 1 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY) 3/21/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement.: A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER. American Insurance & Investment Corp. 6765 West Russell Rd #150 Las Vegas, NV 89118 CN NANEACT April M. Rachel PHONIC, Ext : (702) 877.1760 (A/C, No):(702) 877-0937 E-MAIL p : april.rachel@american-ins.com INSURERS AFFORDING COVERAGE NAIL# X INSURER A: Travelers Ind Co of America 25666 6809H179210 INSURED INSURER B: Travelers Indemnity Company 25658 INSURER C; Charter Oak Fire Ins Co 25615 IMS Infrastructure Management Services, LLC INSURER D: Travelers Cas &Surety Co Amer 31194 1820 W Drake Dr., Ste. 104 Tempe, AZ 85283 PERSONAL & ADV INJURY $ 1'000'000 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: RFVISI0KI MIIMRFR- 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 TR TYPE OF INSURANCE ADDL N SUBR POLICY NUMBER POLICY EFF p/ E POLICY EXP y LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE ® OCCUR X BFPD/XCU X X 6809H179210 3/26/2019 3/26/2020 EACH OCCURRENCE $ 1'000'000 DRMMGET Ea occurrence) $ 1,000,000 MED EXP (Any oneperson) $ 10'000 X Contractual Liab. PERSONAL & ADV INJURY $ 1'000'000 GEN'L AGGREGATE LIMIT APPLIES PER; X POLICY ® PE E-1LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY COMBcI tlEDSINGLE LIMIT $ 11000,000 entlX ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X X BA8923L36A19GRP 3/26/2019 :3/26/2020 BODILY INJURY (Perperson) $ BODILY INJURY Per accident $ AUTOS ONLY A�T S ONLDY Pe�acclde tDAMAGE $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4'000'000 EXCESS LIAR CLAIMS -MADE CUP8666Y370 3/26/2019 3/26/2020 AGGREGATE $ 4'000,000 DED X RETENTION $ 10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y) N ANY PROPRIETORMARTNERIEXECUTIVE ®��FFFICER7M�MgW EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA X uB2.K992554 4/19/2019 4/19/2020 X 1PER OTH- STATUTE E 1 000,000 _E. L._EAGYt.AGOIDENT E L DISEASE EA EMPLOYEE $ 1'000'000 E.L. DISEASE - POLICY LIMIT $ 1 000 OOO D Professional Liab. 106703766 3/2512019 3/25/2020 Each Claim 2,000,000 D Claims Made/RpVd 106703766 3/25/2019 3/25/2020 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if morespace is required). RE: Pavement Management Software & Condition Survey Professional Liability Retro: FULL PRIOR ACTS City of Milton, GA are additional insured as respect to General Liability, and Automobile Liability per attached endorsements. Waiver of Subrogation applies to Workers' Compensation, General Liability, and Automobile Liability per attached endorsements. Cancellation Notice: 30 Days, 10 days notice for non-payment of premium. City of Milton, GA 2006 Heritage Walk Alpharetta, GA 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) O 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 6609H179210 COMMERCIAL GENERAL LIABILITY ISSUE DATE: 03118/19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization (s): Any person or organization that you agree in a written contract to include as an addtional insured on this Coverage Part, provided that such written contract was signed and executed by you before, and is in effect when the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. Location of Covered Operations: Any project to which an applicable written contract with the described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. (Information required to complete this Schedule. if not shown above, will be shown in the Declarations .) A. Section II -Who is An Insured is amended to in - dude as an additional insured the person(s) or organization(s) shown in the Schedule, but only with recpect to liability for "bodily injury", "'property damage". "'personal injury- • or "advertising injury" caused, in whole or in part, by: 1. Your acts or omissions: or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds. the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage"' occurring. or "personal injury' or "advertising injury" arising out of an offense committed. after: 1. All work. including materials, parts or equip- ment furnished in connection with such work. on the project (other than service. mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted: or 2. That portion of your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another coniractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project.. CG 03 61 03 06 Copyright 2005 The SL Paul Travelers Companies, Inc All rights reserved.. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.. with its permission. POLICY NUMBER: 6809H179210 t COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Narne of Person or Organization: Any person or organization that you have agreed in a written contract or agreement to waive your right of recovery against, but only for payments we make because of: 1."Bodily injury" or "property damage" that occurs; or 2."Personal injury" or "advertising injury" caused by an offense committed; after you have executed that contract or agreement. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments v make for injury or Jamago rarioing out of your ongoing oporatiene er "yeur w®ru" Anna under n nontrnnt with that parson or organization and included in the "products -completed operations hazard" This waiver applies only to the person or organization shown in the Schedule above. CG 24 0410 93 Copyright, Insurance Services Office, Inc., 1992 COMMERCIALAUTO Policy Number; BA8923L36A19GRP This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE- This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS -INCREASEX LIMITS E. TRAILERS - INCREASED LOAD CAPACITY F. VIRED AUTO PHYSICAL DAMAGE Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section 11. • it H. r • VISUAL AND DATA ELECTRONIC EQUIPMENT - INCREASED LIMIT 1. WAIVER OF PERSONALJ. .•. K. AIRBAGS L. • LOAN M. BLANKETWAIVEROF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in 13.5., Other Insurance, of SECTION IV - BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own? (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 1. The following is added to Paragraph A.1., However, any "auto" that is leased, hired, Who Is An Insured, of SECTION II - COV- rented or borrowed with a driver is not a ERED AUTOS LIABILITY COVERAGE:covered "auto". An "employee" of yours is an "insured" while C. EMPLOYEESAS INSURED operating a covered "auto" hired or rentedThe following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- An Insured, of SECTION II - COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION II -COVERED AUTOS LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION 11 - COVERED AUTOS LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS -INCREASED LOAD CAPACITY The following replaces Paragraph C.I. of SEC- TION I - COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Covered Autos Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Cover- age is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" to any one "auto" that you hire, rent or borrow is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT The following replaces the first sentence in Para- graph A.4..a., Transportation Expenses, of SECTION III - PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT - INCREASED LIMIT Paragraph C.1.b. of SECTION I11 - PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE -GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III - PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto- will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL PROPERTY The following is added to Paragraph AA., Cover- age Extensions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Personal Property Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto". No deductibles apply to Personal Property cover- age. Page 2 of 3 @2015 The Travelers Indemnity Company. All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. The following is added to Paragraph B.3., Exclu- sions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to 'loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c.,, but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one 'loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total 'loss" to a covered "auto' of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto' less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto'; and COMMERCIALAUTO (2) Any: (a) Overdue lease or loan payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVEROF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or 'loss", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 02 15 ©2015 The Travelers Indemnity Company.AII rights reserved. Page 3 of 3 Includes copyrighted material of nsurance Services Office, Inc. with its permission. TRAVELERS WORKERS COMPENSATION AND ONE TOWER SQUARE HARTFORD, CT 06183 EMPLOYERS LIABILITY POLICY . ENDORSEMENT WC 00 03 13 (00)-01 POLICY NUMBER: UB2K992554 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. ANY PERSON OR ORGANIZATION VOR WETCH THE NANRD TNSUPED I7A9 3iCP-V112D BY DMTWTEPT CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE: 03/18/19 ST ASSIGN: NV MILTON "' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 30, 2019 FROM: Steven Krokoff, City Manager <2) AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Wolverton & Associates, Inc. for Design of Freemanville Road at Birmingham Road Intersection Improvements MEETING DATE: Monday, May 6, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (/APPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: ( iV(ES (j/r'ES APPROVAL BY CITY ATTORNEY: ( JAPPROVED PLACED ON AGENDA FOR: () NOT APPROVED () NO () NO () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.2500 IF: 678.242.2499 info@cityofmiltong a.usIwww.cityofmiltonga .us 0800 To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer, Interim Public Works Director Date: Submitted on April 30, 2019 for the May 6, 2019 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Wolverton & Associates, Inc. for Design of Freemanville Road at Birmingham Road Intersection Improvements _____________________________________________________________________________________ Project Description: Freemanville Road at Birmingham Road intersection improvement project is a Tier 1 project funded by TSPLOST. A concept study was completed in 2014. The project is preparing to move forward with design and the scope of work under this agreement includes concept validation, preliminary plans, right of way plans, and final construction plans. A request for proposals was issued for Design Services in accordance with the city’s standard purchasing policy. The city reviewed eight submittals for both qualifications and price and is recommending approval of the Professional Services Agreement with Wolverton & Associates, Inc. Procurement Summary: Purchasing method used: RFP Account Number: 335-4101-541400005 Requisition Total: $83,458 Vendor DBA: Wolverton & Associates, Inc. Financial Review: Bernadette Harvill, April 30, 2019 Legal Review: Jarrard & Davis, LLP – Sam VanVolkenburgh, April 8, 2019 Attachment(s): Professional Services Agreement t y d ES OI. S SHED'_WRI PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this — day of _ , 20 (the -Effective Date'"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council (hereinafter referred to as the "City"), and WOLVERTON ASSOCIATES, INC., a Georgia Corporation (herein after referred to as the "Consultant"), collectively referred to herein as the "Pat -ties." WITNESSETH: WHEREAS, City desires to retain Consultant to provide certain services in the completion of a Project (defined below); and WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work; and WHEREAS, Consultant desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Agreement, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances; rules and regulations that may in any manner affect cost, progress or performance of Work. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A" - City Solicitation Documents Exhibit "B" —Consultant Response/Proposal Exhibit "C" — Scope of Work Exhibit "D" —Contractor Affidavit Exhibit "E" — Subcontractor Affidavit B. Project Description. The "Project" at issue in this Agreement is generally described as: professional engineering services for the preparation of construction documents for the proposed roundabout and associated intersection improvements at Freemanville Road and Birmingham Road in Milton, Georgia C. The Work. The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit "C", attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit "C", the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. D. Schedule, Completion Date, and Term of Agreement. Consultant understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The term of this Agreement ("Term") shall commence as of the Effective Date, and end upon completion of and payment for the Work. The Work shall be completed within ten (10) months from the Notice to Proceed. Progress of the Work shall generally comply with the Schedule proposed as part of Exhibit "B", with appropriate adjustments made based on the start date of the Work. Certain obligations will survive termination/expiration of this Agreement. II. WORK CHANGES A. Chanue Order Defined. A "Change Order'" means a written modification of the Agreement, signed by representatives of City and Consultant with appropriate authorization. B. Right to Order Changes. City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work" All such changes shall be incorporated in written Change Orders and executed by Consultant and City. Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by City in its sole discretion, City shall have the right to determine reasonable terms, and Consultant shall proceed with the changed work. C. Change Order Requirement. Any work added to the scope of this Agreement by a Change Order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly executed on behalf of City and Consultant. D. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Mayor or City Council, any number of Change Orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section III(B) below. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Mayor and City Council. Amendments shall not result in a variance in price exceeding ten percent of the original contract amount. III. COMPENSATION AND METHOD OF PAYMENT A. Payment Terms. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City's receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents requested by City to process the invoice. Separate invoices may be submitted for each phase of the Project after the applicable phase has been completed and delivered, or a single invoice may be submitted upon completion of all the Work. Any material deviations in tests or inspections performed, or times or locations required to complete such tests or inspections, and like deviations from the Work described in this Agreement shall be clearly communicated to City before charges are incurred and shall be handled through Change Orders as described in Section ll above. City shall pay Consultant within thirty (30) days after approval of the invoice by City staff. B. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $83,458.00 (the "Maximum Contract Price"). Contractor shall be compensated on the basis of a flat fee of $78,458.00 (original bid of $73,458.00 for Phases I-IV, plus $5,000.00 for add-on landscaping services). The additional $5,000 remaining in the Maximum Contract Price is reserved for additional Work that may be added, if at all, by Change Order. C. Reimbursement for Costs. The Maximum Contract Price set forth in Section III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the Project, and reimbursement for costs incurred shall be limited as follows; x There shall be no separate reimbursement for costs. IV. COVENANTS OF CONSULTANT A. Expertise of Consultant; Licenses, Certification and Permits. Consultant accepts the relationship of trust and confidence established between it and City, recognizing that City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia's Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional work or costs incurred as a result of error and/or omission by Consultant as a result of not meeting the applicable standard of care or quality will be provided by Consultant at no additional cost to City. This provision shall survive termination of this Agreement. B. Budgetary Limitations. Consultant agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Consultant's profession and industry. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established Without disregarding sound principles of Consultant's profession and industry, Consultant will give written notice immediately to City. C. City's Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant's Work performed under this Agreement. Consultant acknowledges and agrees that the acceptance of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant's performance. Consultant further agrees that no approval of designs, plans, specifications or other work product by any person, body or agency shall relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant's Work under professional and industry standards, or for perfonning services under this Agreement in accordance with sound and accepted professional and industry principles. D. Consultant's Reliance on Submissions by Consultant must have timely information and input from City in order to perform the. Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otheiwvise problematic. E. Consultant's Representative. Steve Bitney shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. F. Assignment of Agreement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written M consent of City. As to any approved subcontractors, Consultant shall be solely responsible for reimbursing them, and City shall have no obligation to them. G. Responsibility of Consultant and Indemnification of City_ Consultant covenants and agrees to take and assume responsibility for the Work rendered in connection with this Agreement. Consultant shall bear losses and damages directly resulting to it and/or City on account of the negligent performance of the Work rendered pursuant to this Agreement. 'Consultant shall indemnify and hold harmless City and City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against judgments; injuries, damages, losses, costs, expenses and liability, including but not limited to attorney's fees and costs of defense arising out of the legal liability of services provided (`'Liabilities"), to the extent caused by a willful, negligent act or omission to the extent arising out of the Work, performance of contracted services, or operations by Consultant, any subcontractor or anyone directly or indirectly employed by Consultant or subcontractor; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. This indemnity obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of Consultant, its subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts Consultant or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Consultant or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. H. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Nothing in this Agreement shall be construed to make Consultant or any of its employees, servants, or subcontractors, an employee, servant or agent of City for any purpose. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools; supplies and/or materials necessary to complete the Work; hiring of consultants, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and City by virtue of this Agreement with Consultant. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and City may hire additional entities to perform 5 the Work related to this Agreement. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. 1. Insurance. (1) Requirements: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by Consultant, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence and $2,000,000 (two million dollars) aggregate for comprehensive coverage including for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Commercial Automobile Liability (owned, non -owned, hired) coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability of at least S 1,000,000 per claim and aggregate (one million dollars) limit for claims arising out of professional services and caused by Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and Employers' Liability limits of$1,000,000 (one million dollars) per occurrence or disease. (If Consultant is a sole proprietor, who is otherwise not entitled to coverage under Georgia's Workers' Compensation Act, Consultant must secure Workers' Compensation on coverage approved by both the State Board of Workers" Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers' Compensation Act. Further, Consultant shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Commercial Umbrella Liability Coverage: $ N/A _ per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability; Commercial Automobile Liability, Employers' Liability, and Professional Liability. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City in writing so that City may ensure the financial solvency of Consultant; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and (if applicable) Umbrella Liability Coverage. (i) Additional Insured Requirement. City and City's elected and appointed officials, officers, boards, commissioners, employees; representatives, consultants, servants, agents and volunteers (individually "Insured Party" and collectively "Insured Parties") shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, leased, or used by Consultant; automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Consultant to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. Consultant's General Liability, Auto Liability and Umbrella Liability insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of Consultant's insurance and shall not contribute with it. 7 (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. General and Auto Liability Coverage shall state that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits for General and Auto Liability. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (vii) Incorporation of Indemnification Obligations. The Commercial General Liability policy shall include, through endorsement or policy provision, language incorporating the indemnification obligations assumed by Consultant under the terms of this Agreement, including but not limited to Section IV(G) of this Agreement. (b) Workers' Compensation Coverage. The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (c) All Coverages. (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (except due to non-payment of premium) has been given to City. City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: The insurance to be maintained by Consultant must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance policies shall be placed with insurer(s) with an A.M. Best Policyholder's rate of no less than "A- " and with a financial rating of Class VII or greater. The Consultant shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Consultant shall furnish to City for City approval certificates of insurance and endorsements to the policies evidencing all. coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Consultant is specifically required to provide an endorsement naming City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Consultant's insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. City reserves the right to require complete, certified copies of all required insurance policies at any time. Consultant shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Subcontractors: Consultant shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (8) Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (9) City as Additional Insured and Loss Payee: City shall be named as an additional insured on all policies required by this Agreement, except City need not be named as an additional insured on any Professional T_iability policy or Workers' Compensation policy. (10) Progress Pa m� The making of progress payments to Consultant shall not be construed as relieving Consultant or its subcontractors or insurance carriers from providing the coverage required in this Agreement. J. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits "D" and -E- (affidavits regarding compliance with the E- Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant's subcontractors have registered with, are authorized to use and use the federal work 9 authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "D", and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E". which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub -subsection (2) above, If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of Consultant's and Consultant's subcontractors' verification process at any time to determine that the verification was correct and complete. Consultant and Consultant's subcontractors shall retain all documents and records of their respective verification process fora period of five (5) years following completion of the contract. Further, where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with City, Consultant and Consultant's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Consultant or Consultant's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. Consultant's failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Consultant shall be liable for all damages and delays occasioned by City thereby. Consultant agrees that the employee -number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.1 10 500 or more employees. 100 or more employees. X— Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. K. Records, Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement ("Records") shall be established and maintained by Consultant in accordance with applicable law and requirements prescribed by City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Consultant by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, Consultant shall furnish to City any and all records in the form requested by City. All Records provided electronically must be in a format compatible with City's computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, Consultant shall make available to City or City's representative(s) for examination all Records. Consultant will permit City or City's representative(s) to audit, examine, and make excerpts 11 or transcripts from such Records. Consultant shall provide proper facilities for City or City's representative(s) to access and inspect the Records, or, at the request of City, shall make the Records available for inspection at City's office. Further, Consultant shall permit City or City's representative(s) to observe and inspect any or all of Consultant's facilities and activities during normal hours of business for the purpose of evaluating Consultant's compliance with the terms of this Agreement. In such instances, City or City's representative(s) shall not interfere with or disrupt such activities. L. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Consultant become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest exists, City may require that Consultant take action to remedy the conflict of interest or terminate the Agreement without liability. City shall have the right to recover any fees paid for services rendered by Consultant when such services were performed while a conflict of interest existed if Consultant had knowledge of the conflict of interest and did not notify City within five (5) business days of becoming aware of the existence of the conflict of interest. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Consultant or higher tier sub - consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. M. Confidentiality. Consultant acknowledges that it may receive confidential information of City and The Consultant agrees to keep confidential and not to disclose to any person or entity, other than the Consultant's employees, subconsultants and the general contractor and subcontractors, if appropriate, any data or information not previously known to and generated by the Consultant or furnished to the Consultant and marked CONFIDENTIAL by the Client. These provisions shall not apply to information in whatever form that is in the public domain, nor shall they restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is reasonably necessary for the Consultant to defend itself from any legal action or claim.. Consultant acknowledges that City's disclosure of documentation is governed by Georgia's Open Records Act, and Consultant further acknowledges that if Consultant submits records 12 containing trade secret information, and if Consultant wishes to keep such records confidential, Consultant must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. N. Key Personnel. Reserved. O. Meetings. Consultant is required to meet with City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to City. Meetings will occur as problems arise and will be coordinated by City. City shall inform Consultant's Representative of the need for a meeting and of the date, time and location of the meeting at least three (3) full business days prior to the date of the meeting. Face-to-face meetings are desired. However, at Consultant's option and expense, a conference call meeting maybe substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of this Agreement for cause. P. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant's board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. Q. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant ("Materials") shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any Materials remaining in the hands of Consultant or subcontractor upon completion or termination of the Work shall be delivered immediately to City whether or not the Project or Work is commenced or completed; provided, however, that Consultant may retain a copy of any deliverables for its records. The City shall not reuse (on a different project) or make any modification to the Materials without the prior written authorization of the Consultant. Consultant specifically agrees that the data collected under this Agreement may be used as background information provided for all proposers to review as part of a potential competitive procurement for work on the Morris Road widening. Any subsequent reuse or modification of the Materials by the City or any party obtaining them through the City will be at City's sole risk. The City agrees to be liable for all damages that may accrue to Consultant, including incidental and consequential damages (such as reasonable attorneys' fees and defense costs), arising from breach of this paragraph by the City that results in the unauthorized reuse or modification of the construction documents by the City or any person or entity that acquires or obtains the construction documents from or through the City without the written authorization of the Consultant. Consultant assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed before final delivery to City, Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 13 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. V. COVENANTS OF CITY A. Right of Entry. City shall provide for right of entry for Consultant and all necessary equipment as required for Consultant to complete the Work; provided that Consultant shall not unreasonably encumber the Project site(s) with materials or equipment. B. City's Representative. Sara Leaders shall be authorized to act on City's behalf with respect to the Work as City's designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section II above. VI. TERMINATION A. For Convenience. City may terminate this Agreement for convenience at any time upon providing written notice thereof at least seven (7) calendar days in advance of the termination date. B. For Cause. Consultant shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City's failure to pay Consultant within thirty (30) calendar days of Consultant providing City with notice of a delinquent payment and an opportunity to cure. In the event of Consultant's breach or default under this Agreement, City may terminate this Agreement for cause. City shall give Consultant at least seven (7) calendar days' written notice of its intent to terminate the Agreement for cause and the reasons therefor. If Consultant fails to cure the breach or default within that seven (7) day period, or otherwise remedy the breach or default to the reasonable satisfaction of City, then City may, at its election_ (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge Consultant for the costs of curing the default against any sums due or which become due to Consultant under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to City for such default. C. Statutory Termination. If the City's payment obligations continue beyond the fiscal year in which this Agreement is executed, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of City on September 30 (end of City's fiscal year) each year of the Term, and further, that this Agreement shall automatically renew on the following October 1 (beginning of City's fiscal year) during the Term, absent City's provision of written notice of non -renewal to Consultant at least five (5) days prior to the end of the then -current fiscal year. Title to any supplies, materials, equipment, or other personal property (to the extent any transfers under this Agreement) shall remain in Consultant until fully paid for by City.. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of City. 14 D. Payment Upon Termination. Upon termination, City shall provide for payment to Consultant for services rendered and, where authorized, expenses incurred prior to the termination date; provided that, where this Agreement is terminated for cause, City may deduct from such payment any portion of the cost for City to complete (or hire someone to complete) the Work, as determined at the time of termination, not otherwise covered by the remaining unpaid Maximum Contract Price. E. Conversion to Termination for Convenience. If City terminates this Agreement for cause and it is later determined that City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section VI(A) above. F. Requirements Upon Ten-nination. Upon termination, Consultant shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by Consultant in performing this Agreement, whether completed or in process, in the form specified by City. G. Reservation of Rights and Remedies. The rights and remedies of City and Consultant provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity. VII. MISCELLANEOUS A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written Change Order (as provided in Section II above) or other document signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties. C. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. D. Captions and Severability. All headings herein are intended for convenience and 15 ease of reference purposes only and in no way define; limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared in valid. E. Business License. Prior to commencement of the Work to be provided hereunder, Consultant shall apply to City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Consultant provides evidence that no such license is required. F. Notices. (1) Communications Relating to Day -to -Day Activities. All communications relating to the day-to-day activities of the Work shall be exchanged between City's Representative (named above) for City and Consultant's Representative (named above) for Consultant. (2) Official Notices. All other notices, requests; demands; writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith. NOTICE TO CITY shall be sent to: Procurement Manager City of Milton, Georgia 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONSULTANT shall be sent to: Wolverton & Associates, Inc. 6745 Sugarloaf Parkway Suite 100 Duluth, GA 30097 G. Waiver of Agreement. No failure by City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and no custom or practice of City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect City's right to demand exact 16 and strict compliance by Consultant with the terms and conditions of this Agreement. Further, no express waiver shall affect any Term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations and insurance maintenance requirements. 1. No "Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. J. Sovereign Immunity; Ratification. Nothing contained in this Agreement shall be construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or official immunities. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. K. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City's elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to Consultant or any successor in interest in the event of any default or breach by City or for any amount which may become due to Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers, or directors to any personal contractual liability, except where Consultant is a sole proprietor. The Parties agree that, except where Consultant is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed and/or asserted only against Consultant or City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. Further, it is intended by the parties to this Agreement that the Consultant's services in connection with the Project shall not subject the Consultant's individual employees, officers or directors to any personal legal exposure for the risks associated with this Project. Therefore, and notwithstanding anything to the contrary contained herein, the City agrees that as the City's sole and exclusive remedy, any contract -based claim, demand or suit shall be directed and/or asserted only against the Consultant and not against any of the Consultant's individual employees, officers or directors. L. Counterparts; Agreement Construction and Interpretation. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Consultant represents that it, has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein.In the event of a conflict in the terms of this Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of 17 brevity, the Agreement may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. M. Force Mai cure. Neither City nor Consultant shall be liable for its respective non - negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of its respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond its respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of CONSULTANT; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. N. Material Condition. Each term of this Agreement is material, and Consultant's breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to City at law or in equity. IN WITNESS WHEREOF City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] 18 CONSULTANT: Wolverton &Associates, Inc. Signature: Print Name: Joseph R. Macr a, P.E. Title: President/Vice President (Corporation) [CO Attest/Witness: _J Signat = O Print Name J y S "Adams, CPA Title: Chief Financial Officer 1loww O� (Assistant) Corporate Secretary (required if corporation) Attest: Signature: Print Name: _ Title: City Clerk Approved as to form: City Attorney CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor 19 [CITY SEAL] EXHIBIT "A" J ESDXMISHED 2006 CITY OFMILTON REQUEST FOR F"s (THIS IS NOT AN ORDERI I RFP Number: RFP Title: 19-PW04 Freemanville Road at Birmingham Road Intersection Public Works Department Improvement Design Services Due Date and Time: Website: www.cityofmiltonga.us Local Time: February 19, 2019 @ 2:00 pM Number of Pages: 50 ISSUING DEPARTMENT INFORMATION Issue Date: January 24, 2019 City of Milton Phone: 678-242-2500 Public Works Department Fax: 678-242-2499 2006 Heritage Walk Website: www.cityofmiltonga.us Milton, Ga. 30004 2006 Heritage Walk INSTRUCTIONS TO CONSULTANTS Return Proposal to: Mark Face of Envelope/Package: Consultant Phone Number: RFP Number: 19-PW04 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office Special Instructions: 2006 Heritage Walk Deadline for Written Questions Milton, Ga. 30004 February 8, 2019 Email questions to Honor Motes at honor.motes@cityofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS CONSULTANTS MUST COMPLETE THE FOLLOWING Consultant Name/Address.- Authorized Consultant Signatory-. (Please print name and sign in ink) Consultant Phone Number: Consultant FAX Number: Consultant Federal I.D. Number: Consultant E-mail Address: CONSULTANTS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE 2006 Heritage Walk Milton, GA 30004 P: 678.242.2500 1 F* 678.242.2499 intoCa�cifyotmiltonga,us I www.citvofr-niltonga.us 0000 1CV-1 Consultant's RFP Checklist Disclosure Form Schedule of Events Section 1: Project Overview and Instructions Section 2: RFP Standard Information Section 3: Scope of Project Section 4: Consultant Qualifications Section 5: Cost Proposal Section 6: Evaluation Criteria Section 7: Standard Contract Information Standard Contract 3 1 RFP 19-PWO4 The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton 1. Read the entire document. Note critical items such as: mandatory requirements supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2. Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have. 3. Attend the pre -qualifications conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. 4. Take advantage of the "question and answer" period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal "addenda" issued for the RFP. All addenda issued for an RFP are posted on the City's website at hffp://www.cityofmiltonga.us will include all questions asked and answered concerning the RFP. 5. Follow the format required in the RFP when preparing your response. Provide point -by - point responses to all sections in a clear and concise manner. 6. Provide complete answers/descriptions. Read and answer all questions and requirements. Don't assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The submittals are evaluated based solely on the information and materials provided in your response. 7. Use the forms provided, i.e., cover page, sample budget form, certification forms; etc. 8. Check the website for RFP addenda. Before submitting your response, check the City's website at htip://www.citvofmiltonaa.us to see whether any addenda were issued for the RFP. If so, you must submit a signed cover sheet for each addendum issued along with your RFP response. 9. Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 10. Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document and be sure to submit all required items on time. Late submittal responses are never accepted. This checklist is provided for assistance only and should not be submitted with Consultant response. 4 1 RFP 19-PW04 ,A I I TO N-11 ESTABLISI IED 2006 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Consultant Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: 5 1 RFP 19-PW04 MILTON% ESTABLISHED 2006 MUST BE RETURNED WITH PROPOSAL CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91 (b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Contractor Freemanville Rd at Birmingham Rd Intersection Improvement Design Svcs 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: 6 1 RFP 19-PW04 MILTON*t' ESTABLISHED 2006 RFP# 19-PW04 PROPOSAL LETTER MUST BE RETURNED WITH PROPOSAL We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (19-PW04) Freemanville Road at Birmingham Road Intersection Improvement Design Services. It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature Print/Type Name Print/Type Company Name Here Date Task Date Issue RFP January 24, 2019 Deadline for Questions February 8, 2019 by 5:00 p.m. EST Answers Posted by the City (Addendum) On or about, February 12, 2019 Proposals Due By 2:00 p.m. EST on February 19, 2019 Award Contract March 18, 2019 (proposed) ADDENDA AND SCHEDULE UPDATES. 8 1 RFP 19-PWO4 1.0 BACKGROUNDAND STATEMENT OF INTENT The City of Milton is requesting proposals from qualified consultants to provide design services on a TSPLOST funded project. The City intends to phase the TSPLOST program with multiple batches of projects. All Consultants must comply with all general and special requirements of the RFP information and instructions enclosed herein. From the date this Request for Proposals (RFP) is issued until a consultant is selected, consultants are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes. Any unauthorized contact may disqualify the consultant from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes Address: 2006 Heritage Walk, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motesCcityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFP. Consultants should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. B. Form of Questions. Consultants with questions or requiring clarification or interpretation of any section within this RFP must submit their questions in writing via email to the procurement office referenced above on or before 5 P (EST) on February , 2019. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. C. City's Answers. The City will provide an official written answer to all questions on or about February 12, 2019. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City. Any formal written addendum will be posted alongside the posting of the RFP at 9 1 RFP i 9-PW04 hffp://www.cityofmiltonga.us . Consultants must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, consultant agrees to acceptance of the City's standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by the date for receipt of written/e-mailed questions or with the consultant's RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the consultant's ability to respond to the RFP or perform the contract. The City reserves the right to address non- material, minor, insubstantial requests for exceptions with the highest scoring consultant during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all consultants submitting a response to this RFP.. E. Mandatory Requirements. To be eligible for consideration, a consultant must meet the intent of all mandatory requirements. The City will determine whether a consultant's RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.4 SUBMITrINGPROPOSALS Consultants must organize their proposal into sections that follow the following format. A. Submittal Requirements. Proposals shall include the following: 1. City of Milton request for proposal cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. City of Milton Proposal letter (information entered) 4. Technical Proposal: a. No more than four (4) single sided pages (two pages if double sided) 1. Cover page(s), fable of contents, tabs, and required 10 l RFP 19-PWO4 forms do not count toward the page limit b. Minimum of 1 1 -point font c. Stapled or spiral -bound. No binders Each Technical Proposal Shall Contain (4 pages): a. Design Team - include project staffing, qualifications of the design team, and what sets the team apart b, Work Plan - any innovative approaches and anticipated challenges c. Project Schedule d. Related Projects and References 1. Describe at least 3 similar projects with references and the degree of involvement of the team e. Pricing (See Section 5.0) (does not count toward page limit) 5. Applicable Addenda Acknowledgement Forms (if necessary) Consultants must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0. B. Failure to Comply with Instructions. Consultants failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any qualifications that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Proposals. One original and two (2) copies of each submittal (plus a CD) should be provided to the City. Proposals must be received at the Finance Department in City Hall prior to 2:00 PM, local time, February 19, 2019. Emalled responses to requests for or000sals are not acceptable. Proposals will be opened at approximately 2:05 pm and names of consultants will be announced. *Important to remember when submitting digital files: 1. Mark all CD's or flash Drives with Offeror's name and RFP number and title. 2. All digital files must be in either (unless otherwise specified within this document): a. Microsoft Office file format or b. Portable Document Format (PDF). 3. Use caution in creating the electronic files. If the Cities are unable to open files due to data -corruption, password or I I I RFP 19-PWQ4 encryption error, etc., the Offeror's proposal may be considered incomplete. 4. NOTE: All digital copies must include exactly the same information as provided in the hard copy "Original". D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the consultant's sole risk to assure delivery to the receptionist's desk at the designated office by the designated time. Late proposals will not be opened and may be returned to the consultant at the expense of the consultant or destroyed if requested. 1.5 CONSULTANT'S CETIFIC TI A. Understanding of Specifications and Requirements. By submitting a response to this RFP, consultant agrees to an understanding of and compliance with the specifications and requirements described in this RFP. A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the consultant. The City is not liable for any expense incurred by the consultant in the preparation and presentation of their proposals. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and consultant resulting from this RFP process. 12 1 RFP 19-PWO4 This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 2.1 CONSULTANT C TITIO The City encourages free and open competition among consultants. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City's need to procure technically sound, cost-effective services and supplies. 2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of qualifications has passed, and the award has been made, with the following four exceptions: (l) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the consultant; and (4) other constitutional protections. B. Procurement Officer Review of Proposals. Upon opening the submittals received in response to this RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the submittal. 2. An affidavit from a consultant's legal counsel attesting to and explaining the validity of the trade secret claim is attached to each submittal containing trade secrets. Please contact Honor Motes for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Consultants must be prepared 13 1 RFP 19-PWO4 to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a "right to know" (open records) request from another party. 2.3 CLASSIFICATION AND EVALUATIONF PROPOSALS A. Initial Classification of Proposals as Responsive or Nonresponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided;. the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the qualification is not within the specifications described and required in the RFP. If a qualification is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if a consultant has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals_ The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring consultant or, if necessary, to seek discussion/negotiation in order to determine the highest scoring consultant. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Proposals. Selection and award will be based on the consultant's proposals and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by consultants outside the formal response or subsequent discussion/negotiation, if requested, will not be considered, will have no bearing on any award, and may result in the consultant being disqualified from further consideration. E. Opportunity for Disc ussion/Necaotiation and/or Oral Presentation/Product Demonstration. 14 l IFP 19-PWO4 After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more consultants should clarification or negotiation be necessary. Consultants may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, consultants should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the consultant's expense. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. G. Reguest for Documents Notice. Upon concurrence with the evaluation committee's recommendation for contract award, the procurement officer may issue a "Request for Documents Notice" to the highest scoring consultant to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the "Request for Documents Notice" does not constitute a contract and no work may begin until a contract signed by all parties is in place. H. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible consultant whose submittal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring consultant fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring consultant. Contract Award. Contract award, if any, will be made to the highest scoring consultant who provides all required documents and successfully completes contract negotiation. 2.4 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: 15 1 RFP 1 P-PWO4 1. Modify, cancel or terminate this RFP, 2. Reject any or all proposals received in response to this RFP, 3. Select a consultant without holding interviews, 4. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any submittal, 5. To request further documentation or information, and to discuss a RFP submittal for any purpose in order to answer questions or to provide clarification, 6. Not award if it is in the best interest of the City not to proceed with contract execution; or 7. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 16 1 RFP 19-PW04 SECTION 3: SCOPE OF PROJECT 3.0 PROJECT LOCATION s _- Site F c f L0 g/RM/NGHAM RD 3 i Location Map 3.1 GENERAL SCOPE OF SERVICES It shall be the Consultant's responsibility to design, prepare, assemble and coordinate the necessary documents to complete the project. The completed design must comply with all applicable local, state, and federal environmental laws and regulations. At a minimum, the following standards shall be utilized for the project: a. Georgia Department of Transportation (GDOT) Design Policy Manual (current edition), and applicable addenda. b. Georgia Department of Transportation (GDOT) Standards and Specifications (current edition), and applicable addenda. c. AASHTO Standards, latest edition and applicable addenda, including Design of Pavement Structures, Policy on Geometric Design of Highways and Streets, Roadside Design Guide, and applicable addenda. d. Manual on Uniform Traffic Control Devices (MUTCD) current edition, and applicable errata. e. Federal Highway Administration Roundabouts: An Informational Guide, current edition, and all applicable addenda. f. City of Milton Development Regulations. 17 1 RFP 19-PW04 3.2 SPECIFIC SCOPE OF SERVICES The City of Milton (City), is seeking the services of a professional engineering consultant to prepare construction documents for proposed roundabout and associated intersection improvements at Freemanville Road at Birmingham Road. The plans need to include design features that would be aesthetically pleasing and complement area and to develop in a way that is physically possible and cost effective. The concept phase of the project was completed in February 2015 that assessed the transportation impacts of various improvement alternatives, determined the preferred location for the improvement, conducted a survey of the corridor, prepared mapping, identified environmental impacts and permits required to construct the project and prepared concept plans for three alternatives. The approved concept report and traffic study can be found at the following website: http://miltonintersectionprojects.com/wp- content/uploads/2015/03/Freemanville-Traffic-Study.pdf Additional information is available on the city's Project website and TSPLOST website. The engineering/design items include, but are not limited to, site plans, grading and drainage plans, utility plans, erosion, sedimentation and pollution prevention plans, road and drainage profiles, hydrology and stormwater management plans, etc... The work consists of following phases: PHASE I - CONCEPT VALIDATION The CONSULTANT shall conduct updated traffic counts and compare the operational analysis to the original concept recommendation. This phase will include a meeting with the City to discuss the results and determine the lane requirements and build conditions for final design. PHASE II - PRELIMINARY PLANS The CONSULTANT shall prepare, and submit to the CITY for review, preliminary roadway construction plans using surveys, concept plan, and other information as gathered in the concept development for the project. CITY will provide all available data from the concept phase. The CONSULTANT shall prepare by CADD and submit on paper prints for review by the CITY preliminary roadway designs in English format containing the following: 1. Proposed mathematized horizontal and vertical geometrics for roadways using AASHTO criteria. 2. Preliminary grading plan for roadways, including cross sections of the PROJECT plotted at 50 feet intervals, or closer in special or critical areas. 3. Retaining wall locations and wall envelopes. 4. Drainage design developed sufficiently to ensure adequate right of way and easement is obtained. 5. Hydrologic and hydraulic studies necessary to determine potential impacts from stormwater discharges associated with the project. 6. Preliminary erosion, sedimentation and pollution control plans. 7. Preliminary construction sequence with emphasis on constructability, required easements, and erosion, sedimentation and pollution control. 8. Preliminary earthwork quantities by stage construction. 9. Final surface typical sections. 10. Preliminary signing and marking plans with location of and other obstacles that may affect right of way. The CONSULTANT shall also include any signage requirements for detour routes. 1 1. Preliminary driveway profiles. 12. Preliminary utility plans showing the existing and proposed locations of all utilities. CITY to provide available existing utility information.. 13. Preliminary construction cost estimate. 14. Any other information that may be required to accurately assess the ability to construct the project as proposed. The CONSULTANT shall participate in a preliminary plan review. Review comments from the CITY shall be incorporated into the final plans by the CONSULTANT. The CONSULTANT shall address all comments in writing within two weeks of receiving the review. An updated set of plans showing that the comments from the review will not be necessary unless the CITY considers that the comments require additional plan review. The CONSULTANT shall discuss with CITY, any design feature that does not meet the criteria in the current AASHTO publication (used by the GDOT), Policy on Geometric Design of Highways and Streets and The Design Policy on Design Standards Interstate System, as adopted by the FHWA. CONSULTANT ELIV ELS FOR PHASE II - PRELIMINARY PLANS 1. Plans and other items for a Preliminary Plan Review. 2. Preliminary plans in electronic format (pdf and dwg files). 3. Earthwork quantities. 4. Preliminary construction cost estimates. 5. Preliminary pavement design. PHASE III - RIGHT-OF-WAY PLANS The CONSULTANT shall prepare preliminary right-of-way plans for the PROJECT using survey information provided by CITY. All linear and area units shall be in 19 l RFP 19-PWQ4 English. Parcel data table description should be placed on same sheet as parcel or on sheet directly following parcel. Placing all data sheets in the back of the project plan set is discouraged. Parcels shall be numbered consecutively beginning with the number one (1) and continuing the parcel count, alternating from one side of the roadway to the other. If there are additional parcels required, the inclusion of an alphabetical combination with the parcel number is appropriate for an interior or beginning parcel number. The use of parcel numbers with alphabetical combinations should not conflict with the letters that denote acquisition of remainders (R), Wetlands (W), and signs (S). Parcel numbers shall not be changed after the first plan submittal. The CONSULTANT shall not renumber the parcels unless specifically instructed in writing by the CITY. The CONSULTANT shall use the right-of-way checklist as shown in the GDOT'S Manual of Quality Standards for Consultant Services, current edition, to complete the right of way plans. The CONSULTANT shall submit one (1) set of prints of the preliminary right-of-way plans to the CITY for review and comment. The CONSULTANT shall revise the preliminary right-of-way plans in accordance with the CITY'S comments and submit one (1) set of prints of the revised preliminary right-of-way plans along with the previously marked up prints for the CITY'S review and comment. This process may take several iterations before the preliminary right-of-way plans can be approved. When the preliminary right-of-way plans are approved by the CITY, they will become known as Final Right -of -Way plans. The CONSULTANT shall be responsible for ensuring that the right-of-way and construction plans reflect the current property, property owners, topography, and terrain data through the Final Right -of -Way plans approval. The CONSULTANT shall submit to the CITY in an electronic format dwg files and OUT files for each parcel for the CITY'S use. The CONSULTANT shall only revise the final right-of-way plans if approved or directed by the CITY. The CONSULTANT shall expeditiously make all changes to the final right-of-way plans due to changes in the roadway design only if requested to do so in writing by the CITY. CONSULTANT DELIVERABLES FOR PHASE III ® RIGHT OF WAY PLANS 1. Submittals of preliminary right-of-way plans 2. Final Right of Way plans in electronic format (pdf and dwg files 3. Electronic data file and output file containing only the point numbers and north and east coordinates of the PROJECT'S survey control, centerline, Right of Way and Easement points.. 4. PROJECT survey control point/monument sketches. 20 1 RFP 19-PWO4 PHASE IV v FINAL DESIGN CONSTRUCTION PLANS All final plans shall be submitted to the CITY on bond paper. The CONSULTANT'S services for the final construction plans shall include a minimum of the following: 1. Prepare final plan and profile sheets for the roadway, ramps, side streets, and detours. 2. Prepare cross sections of the all PROJECT roadways, detours and ramps showing the existing and proposed elevations at intervals of 50 feet, or closer in special or critical areas, measured along the centerline of construction. Intermediate sections will be required as necessary to fully clarify the intent of the plans. 3. Perform a check of roadway profiles and superelevation to insure there are no areas of potential ponding on roadway surface. 4. Prepare detailed plan sheets for all design features requiring additional detailed design information, including such examples as the geometries of intersections; local street treatment; minor structures; drainage facilities; approach slabs; appurtenances such as utilities and details covering special problems as determined by the CONSULTANT or the CITY and approved by the CITY. 5. Prepare special grading plans as required or requested by the CITY. 6. Design and detail fully dimensioned plans for all drainage structures and drainage facilities. 7. The CONSULTANT shall submit the pavement designs along with the PROJECT cover sheet, typical sections and AADT traffic sheets for approval by CITY. 8. Prepare final Signing, Marking, and Signal plans and quantities. 9. Prepare summary of quantities and detailed estimate sheets in accordance with GDOT practice. Roadway quantities shall be summarized on a sheet by sheet basis. 10. Prepare detailed erosion control plans indicating sediment basins, and other special items required to ensure adequate quantities to cover all stages of construction. 11. When applicable, prepare construction plans for bridges, gravity walls, and cast -in-place retaining walls including applicable notes for stage construction. 12. Prepare a detailed construction sequence (staging plans) to indicate maintenance of traffic procedures to be utilized during construction. Plans shall show details of all detour routings, temporary pavements, construction staging, additional erosion control as necessary and special traffic control devices. The plans and/or specifications shall indicate any required intermediate construction dates_ Required restrictions to construction activity or lanes shall be clearly indicated and be approved by the CITY in writing prior to incorporation into the plans. Temporary signing, marking, and signal plans and other traffic control details shall be included with each construction sequence. 21 I RFP i 9-PWO4 13. Prepare final utility plans for all utilities necessary for the PROJECT. The preparation includes the submittal to and the review of existing and proposed utility locations from plans furnished by utility companies. These plans will be pencil drawings on blue line prints or electronic data and it shall be the CONSULTANT'S responsibility to review for errors or omissions. After reviews are complete, locations shall be incorporated electronically onto final utility plan sheets. These sheets shall be included into the final plans. The request for final utility relocations shall be made once all comments from the Preliminary Plans are addressed, Right of Way plans are approved and written Notice to Proceed is given for PHASE III. 14. CONSULTANT shall ensure that all information obtained during the right of way acquisition process is shown on the final plans. 15. Plans shall show all the necessary information as determined by the CITY, to permit construction stake -out and to indicate and delineate details necessary for the construction by a construction contractor. The CONSULTANT shall prepare special provisions and supplemental specifications following the format as outlined in GDOT'S "Standard Specifications Construction of Roads and Bridges", current edition, and the "Supplemental Specifications," current edition, modifying, augmenting or deleting the provisions of the Standard Specifications as required. The CONSULTANT shall incorporate into the plans, when applicable, certain other plans furnished by others, as specified by the CITY or as furnished by the CONSULTANT. The incorporated plans may include but is not limited to: 1. Lighting plans 2. Landscaping plans 3. Final Bridge plans 4. Final Wall plans 5. Public utility relocation plans 6. Other work to be included in the construction agreement 7. Wetland mitigation plans 8. Borrow/waste pit location plans The plan incorporation shall consist of indexing, numbering of sheets and including quantities on the detailed estimate sheet. The CONSULTANT shall prepare a final detailed construction cost estimate for the PROJECT. The CONSULTANT shall participate in a Final Plan Review prior to acceptance of the design work. Final comments shall be incorporated in the design plans by the CONSULTANT before final plans are submitted. 22 1 RFP 19-PWO4 The CONSULTANT shall provide assistance to the City, as may be needed, in the preparation of the bid package as well as questions received during the bidding process. CONSULTANT DELIVERABLES FOR PHASE IV- FINAL DESIGN CONSTRUCTION PLANS 1. Electronic files including earthwork and programs used for this PROJECT 2. Special provisions 3. Final detailed cost estimates 4. All marked utility plans and other utility information furnished by CITY or the Utility companies 5. Pavement designs for the project 6. Copies of all design calculations, notes and other information completed through all phases of the PROJECT design 7. Plans (paper and electronic pdf and dwg files) addressing results and comments from the Final Pian review. PHASE V ®CONSTRUCTION AD INST ATI The CONSULTANT shall provide a table of hourly rates that may be used during the construction phase of the project to assist the CITY in construction inspection and administration. This portion of the contract shall be billed as an hourly rate not to exceed basis that includes visiting the project site on a daily basis, a total of 4 hours per day, for the duration of construction. For this fee estimate, the duration of construction is assumed to be a maximum of 9 months. If authorized, CONSULTANT shall provide construction management and inspection services in accordance with the following: Construction inspection and project oversight will include the field inspection of work in progress to observe work performed by the Contractor for conformance with the drawings, specifications, applicable standards and criteria required for this project. The field inspector will communicate with the City on a weekly basis the construction progress. CONSULTANT will maintain a Construction Inspector's record of daily activities observed or "Diary", which can become part of the project's records. In addition, the field inspector(s) will attend a pre-bid meeting, a construction kick off meeting and one post construction/close out meeting. A copy of the Diary(s) will be provided to the City upon completion of construction. 23 1 RFP 19-PWO4 4.0 CITY'S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the consultant to provide the supplies and/or perform the services specified. 4.1 CONSULTANT INFORMATIONAL REQUIREMENTS Firms interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. 24 1 RFP 19-PW04 SECTION 5: COST PROPOSAL �AI�1 ESTABLISHED 2006 MUST BE RETURNED WITH BID One (1) original and two (2) copies shall be submitted in a separate sealed envelope before the required deadline. The offeror's cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5. The undersigned bidder, having familiarized themselves with the work required by the RFP, the bid documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by bidder for the total contract price of: Total Price Print Total Price in Words Print/Type Company Name Here: Authorized Signature Print/Type Name Print/Type Title ate 25 1 RFP 19-PWO4 The evaluation committee will review and evaluate the proposalsaccordingto the following criteria: • A selection team for the City will initially evaluate and score all submittals received. ® Proposals not meeting the minimum requirements and those who are non-responsive will not be considered. ® Cosa Proposals will be reviewed after the technical review process. Proposal Evaluation Criteria Qualifications of the design team 20 pts. ® Organization strength and stability ® Education and experience of the assigned staff ® Key personnel's level of involvement ® Proximity and availability of key personnel Work Plan ® Project approach ® Public involvement ® Project innovations • Schedule 40 pts. Related Projects and References 20 pts. ® Experience and technical competence on similar projects ® Previous experience with City of Milton projects ® Previous experience as a design team ® Quality of the final work product ® Ability to meet schedules Price (Section 5) 20 pts. 26 i RFP 19-PWO4 7.0 STANDARD CONTRACT The City's standard contract is attached to this document as Appendix A. Consultant should notify the City of any terms within the standard contract that preclude them from responding to the RFP. This notification must be made by the deadline for receipt of written/e-mailed questions or with the consultant's RFP response. Any requests for material, substantive, important exceptions to the standard contract will be addressed in any formal written addendum issued by the procurement officer in charge of the solicitation. The City reserves the right to address any non -material, minor, insubstantial exceptions to the standard contract with the highest scoring consultant at the time of contract negotiation. 7.1 ADDITIONAL CONTRACT PROVISIONS TERMS This RFP and any addenda, the consultant's RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City's standard contract, attached as Appendix A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring consultant. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. The highest scoring consultant will be the prime consultant if a contract is awarded and shall be responsible, in total, for all work of any sub -consultants. All sub -consultants, if any, must be listed in the proposals. The City reserves the right to approve all sub -consultants. The Consultant shall be responsible to the City for the acts and omissions of all sub -consultants or agents and of persons directly or indirectly employed by such sub -consultants, and for the acts and omissions of persons employed directly by the Consultant. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any subcontractor and the City. 7.3 GENERAL INSURANCE E UI T See sample contract. 7.4 COMPLIANCE WIT RES' COMPENSATION CT The Consultant is required to supply the City of Milton with proof of compliance with the Workers' Compensation Act while performing work for the City. Neither the Consultant nor its employees are employees of the City. The proof of 27 1 RFP ? 9-PW04 insurance/exemption must be received by the City of Milton within 10 working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO VENDORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 7.5 COMPLIANCE WITH LAWS The Consultant must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or sub -consulting by the Consultant subjects sub -consultants to the same provision. The Consultant agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 7.6 CONTRACT TERMINATION See sample contract. WCM£ OF ' IVB I LTON'Ir ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 19-PW04 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL ADDRESS: Signature ADDENDUM #1 Date 1 1 Page RFP 19-PW04-Addendum9 1 '. .. . MILTON '�l`717571117-77. ADDENDUM #1 RFP 19-PW04 Questions and Answers This Addendum forms a part of the contract documents and modifies the original ITB documents as noted below: Page 21 of the RFP references incorporating certain other plans furnished by others. These are not to be included in the cost proposal or the work plan. If needed, these would either be provided by others or negotiated separately with selected consultant. 1. Is it city's intend to provide all concept phase items completed from February 2015 included but limited to survey database, prepared mapping, identified environmental impacts and permits required to construction the project, and all concept layouts. Yes, we will provide all concept phase information from the previous work. 2. Phase V -Construction Administration, does the team need to provide fee as part of this RFP submission? Hourly rates for job types that may be used on this phase are to be submitted in the sealed envelope with the cost proposal. The City will set the not to exceed amount. This phase will not be included in the price to be submitted on Section 5: Cost Proposal. 3. Does the team need to provide GDOT Prequalification Area Class for services outline in this RFP? No 4. One page 9, it states that table of contents and tabs are not part of the page limit. Are these required or optional, especially since the submittal will only be 4 pages plus required forms? This is standard RFP language, anything other than the 4 pages and required forms is optional. 2 1 i>� No Text EXHIBIT "B" �'' � ! � `t EXHIBIT "B" REQUEST FOR PROPOSALS FOR FREEMANVILLE ROAD AT BIRMINGHAM ROAD INTERSECTION IMPROVEMENT DESIGN SERVICES CITY OF MILTON, GEORGIA 19 FEBRUARY 2019 ORIGINAL WOLVERTON TABLE OF CONTENTS Proposal Cover Page Disclosure Form Proposal Letter Technical Proposal Signed Addendum 1 ISTABLISI ILD 2006 CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: RFP Title: 19-PW04 Freemanville Road at Birmingham Road Intersection Public Works Department Improvement Design Services Due Date and Time: Website: www.cityofmilfonaa.us Local Time: February 19, 2019 @ 2:00 PM Number of Pages: 50 ISSUING DEPARTMENT INFORMATION Issue Date: January 24, 2019 City of Milton Phone: 678-242-2500 Public Works Department Fax: 678-242-2499 2006 Heritage Walk Website: www.cityofmilfonaa.us Milton, Ga. 30004 2006 Heritage Walk INSTRUCTIONS TO CONSULTANTS Return Proposal to: Mark Face of Envelope/Package: Wolverton & Associates, Inc. RFP Number: 19-PW04 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office Special Instructions: 2006 Heritage Walk Deadline for Written Questions Milton, Ga. 30004 February 8, 2019 Consultant Federal I.D. Number: Email questions to Honor Motes at 58-1856221 honor.motes6c ifvofmiltonaa. us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS CONSULTANTS MUST COMPLETE THE FOLLOWING Consultant Name/Address: Auth ' ednsu clt Signatory: Wolverton & Associates, Inc. ,J E. n a Please nn ae anE n in ink Consultant Phone Number: Consultant FAX Number: 770-447-8999 779-447-9070 Consultant Federal I.D. Number: Consultant E-mail Address: 58-1856221 joe.macrina@wolvertonine.com CONSULTANTS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE 2006 Heritage Walk Milton, GA 30004 P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.uslwww.cityofmiltonga.us 4 1 RFP 19-PW04 LSTAULISIIED 25 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Consultant Wolverton & Associates, Inc. Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) N/A List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description N/A Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: N/A 5 1 RFP 19-PWO4 N'l I 1-'T 0 N *t ESTABLISHED 2006 MUST BE RETURNED WITH PROPOSAL CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 110645 eVerify Number 4/1/2008 Date of Authorization Wolverton & Associates, Inc. Name of Contractor Freemanville Rd at Birmingham Rd Intersection Improvement Design Svcs City of Milton. Georaia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is que and correct. Executed on February 2019 in Duluth (city), Georgia(�tate). /---) Signatur@ of Au-thor!164 Officer or Agent Joseph R. Macrina, P.E_ Printed Name and Title bf Authorized Officer or Agent SUBSCRIBED WD SWORD. EFORE ME ON THI HE ,r0 r DAY OF U'c ,201 N TARY PUBLICS�""CC,99��� •,� v ►BION % T [NOTARY SEAL] _ �� 0 Z :¢" yt�` '0�1.�� 0� e . My Commission Expires: �!� �j'''Naea ✓' C?��� 6 1 RFP 19-PW04 i 'ON*t V I L I ESTABLISHED 2006 RFP# 19-PW04 PROPOSAL LETTER MUST BE RETURNED WITH PROPOSAL We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (19-PW04) Freemanville Road at Birmingham Road Intersection Improvement Design Services. It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards_ I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signat Print/Type Name Joseph K. Macrina, P. Print/Type Company Name Here Wolverton & Associates, Inc. STATEMENT OF QUALIFICATIONS WOLVERTON A. DESIGN TEAM AS PROJECT MANAGER, STEVE BITNEY, PE, WILL LEAD THIS EXTREMELY QUALIFIED TEAM OF DESIGN PROFESSIONALS THROUGH THE DESIGN PROCESS FOR THE FREEMANVILLE AT BIRMINGHAM ROAD ROUNDABOUT PROJECT. As a Wolverton Practice Area Leader in the Transportation Market Sector, Steve will be responsible for the management of the concept, preliminary, right-of-way and final construction documents, design team task order assignments and project coordination for transportation projects. He has experience in the design of numerous roadway projects, including roundabouts, trails/ sidewalks and drainage/ storm water facilities associated with these projects. Steve is skilled in developing comprehensive roadway designs while keeping issues important to our clients in mind, such as project schedules, construction costs and impacts to the environment and utilities. He is PDP -certified but also knows how to drive the process from the perspective of local project delivery, including designing -to -budget and maintaining public perception. Steve holds a Bachelor of Civil Engineering from the University of California Irvine and a Master in Engineering from Kennedy Western University. He is a Professional Engineer in Georgia (#025419), North Carolina, Arizona and Nevada, as well as a Level II Design Engineer with the Georgia Soil and Water Conservation Commission. Steve is available to begin work immediately on this project. Examples of his current and recent successful experience include: COUNTY ROAD (CR) 27/PROVIDENCE/NEW PROVIDENCE ROAD ROUNDABOUTS, MILTON, GA. Senior Project Manager for intersection improvements to State Route (SR) 140/Arnold Mill Road at CR 27/New Providence Road and SR 372/Birmingham Highway at CR 27/Providence/New Providence Road. Included conceptual level layouts of two roundabouts, one at each of the intersections. FREEMANVILLE ROAD AT PROVIDENCE ROAD ROUNDABOUT, M I LT O N, G A. Senior Project Manager responsible for the development of conceptual design, preliminary and final plans for the construction of a multi -lane roundabout at the intersection of Freemanville Road and Providence Road. The roundabout consisted of dual approaches with full pedestrian and bicycle facilities. The project had an urban typical section with an enclosed drainage system. The center of the roundabout was designed large enough to accommodate elaborate landscaping. BLUE RIDGE HIGHWAY AT MULKEY GAP ROAD ROUNDABOUT, B L A I R S V I L L E, GA. Senior Project Manager for intersection improvements at Blue Ridge Highway at Mulkey Gap Road. As part of the concept development, a roundabout was laid out and analyzed to determine operational feasibility. The analysis consisted of right-of-way impacts, traffic analysis, utility impacts and maintenance of traffic plans. The roundabout consisted of single approaches and rural typical sections with roadside swales. WHY THE WOLVERTON TEAM? Experience with roundabouts for multiple municipalities Focused on solutions for local governments by understanding unique funding and design challenges Previous and ongoing experience with the City of Milton, including Steve's experience with this intersection while with a previous employer Collective experience working on roundabout projects Experience balancing aesthetics and cost Our responsiveness to our client's needs and our availability at any time to meet FIVE POINTS INTERSECTION ROUNDABOUT, STONE MOUNTAIN, GA. to discuss any issues Senior Project Manager for intersection improvements at Memorial Drive and East Ponce or opportunities De Leon Avenue in Stone Mountain. As part of the concept development, a roundabout was laid out and analyzed to determine operational feasibility. The analysis consisted of right-of-way impacts, traffic analysis, utility impacts and maintenance of traffic plans. The intersection consisted of a five -legged intersection with pedestrian facilities in all directions. All of the projects above were completed for a previous employer. BRAD ROBINSON, PE, QUALITY CONTROL MANAGER Brad Robinson has been a trusted transportation engineer and project manager throughout the state. He serves as the Market Sector Leader for Transportation, responsible for local, municipal and state DOT roadway and drainage improvement projects. Brad leads his team of engineers in delivering plans STATEMENT OF QUALIFICATIONS \\ CITY OF MILTON \\ FREEMANVILLE ROAD AT BIRMINGHAM ROAD INTERSECTION IMPROVEMENT DESIGN SERVICES that meet the specific needs of each client Brad's experience includes work on almost all of Wolverton's completed roundabout designs, including the Shepherds Pond at Union Hill Roundabout, the three roundabouts on Buena Vista Road, for which he served as Project Manager, and the Bell Road and SR 84 at Ridgedale Road roundabouts for which he served as Quality Control Manager. Brad also served on the City of Milton's Transportation Stakeholders Advisory Committee, representing District 6 and providing input in the development of Milton's first Transportation Plan. He understands what is important to the City of Milton staff and citizens. Brad holds a Bachelors of Civil Engineering from Georgia Tech and is a Professional Engineer in Georgia, Alabama and Florida. Brad is 25% available for this project Ri:vl JULIE DOYLE, PE, PTOE, SENIOR TRAFFIC SPECIALIST Julie Doyle serves as Senior Traffic t Specialist on traffic engineering projects. Project specific experience includes: coordinating project schedules and resources with senior team members, addressing engineering and project issues, reviewing project budgets and reviewing engineering plans for quality control. She is an expert in traffic studies, providing state and local agencies with the analysis needed to decide which type of intersection controls or designs would best benefit their projects. She is experienced in the GDOT Intersection Control Evaluation (ICE) tool and has analyzed a variety of *indicates a DBE firm ROADWAY/ HYDRAULICS DESIGN IAN MAXFIELD, PE 16 ADDITIONAL SUPPORT STAFF WOLVERTON TRAFFIC ENGINEERING JULIE DOYLE, PE, PTOE CLAY SMITH, EIT 19 ADDITIONAL SUPPORT STAFF WOLVERTON intersection types, including roundabouts, continuous flow intersections and a variety of innovative intersection types. She has experience with Sidra and the GDOT roundabout tool for these types of analysis. Julie holds a Bachelors and Masters of Civil Engineering from the Georgia Institute of Technology and is a Professional Engineer in Georgia (#24155), Florida, South Carolina, Alabama, Missouri and Virginia and Professional Traffic Operations Engineer (PTOE). Julie is 70% available for this project. IAN MAXFIELD, PE, ROADWAY ENGINEER Ian Maxfield is a Senior Engineer with experience in transportation design for roadway design and roundabout projects. His experience includes horizontal and vertical geometry, grading, pavement design, pavement marking, signing, erosion control, waterline design and quantity and cost estimates for a variety of roadway projects. Ian is also responsible for concept, preliminary, right-of-way and final construction documents and has experience working on several roundabout projects for local cities and counties. Ian holds a Bachelor of Arts from the University of Georgia and a Bachelors of Civil Engineering from Georgia Tech He is a Professional Engineer in Georgia (#43369) and a Level II Design Engineer with the GSWCC. Ian is 70% available for this project CONSTRUCTION, LANDSCAPE LIGHTING ENGINEERING & ARCHITECTURE PETER FONTANE, PE INSPECTION JASON 2 ADDITIONAL TREY REEVES WECKERLY, RLA SUPPORT STAFF SEAN NIXON FORESITE SL KING & ACCURA ENGINEERING GROUP ASSOCIATES'k AND CONSULTING* B. WORK PLAN The purpose of this project is to complete construction documents for a proposed roundabout at the intersection of FreemanvilleRoadandBirminghamRoad.Theconceptphase, which assessed different alternatives for the improvements at this intersection, was completed in February 2015. The preferred alternative was a roundabout In addition to the concept, topographic survey, an environmental screening and a traffic study was completed. Following Notice to Proceed (NTP), we will obtain current traffic counts and determine what the Design Year volumes are by using ARCS projected traffic growth of 1.4%. We will compare those volumes with what was previously determined in 2015 to validate the geometries. It is unlikely PAGE 2 W STATEMENT OF QUALIFICATIONS \\ CITY OF MILTON \\ FREEMANVILLE ROAD AT BIRMINGHAM ROAD INTERSECTION IMPROVEMENT DESIGN SERVICES that the eastbound, 260 -foot parallel type deceleration lane will be needed. We can decrease the speed approaching the roundabout in stages and add a flared type right -turn lane at the roundabout to encourage free-flow right turns and eliminate conflicts. This type of single -lane roundabout should produce an acceptable Level of Service (LOS) for the design year. CHALLENGES & SOLUTIONS ► MINIMIZING IMPACTS TO PROPERTIES AND UTILITIES: One challenge on this project will be minimizing impacts to properties and utilities, where possible. Early coordination with the utility owners will be crucial to expediting the schedule and avoiding costly delays. We can also provide subsurface utility engineering (SUE), if needed. We would also look at shifting the roundabout slightly to the east to avoid conflicts with the overhead transmission lines. At locations where there are existing utility conflicts, or slopes that would require excessive right-of-way or easements, we will look at using small retaining walls. These will save time and money. ► CONSTRUCTION STAGING: Construction staging for roundabouts can be challenging if there is a grade difference at the location. We will design the proposed profile to be as close to existing as possible C. SCHEDULE to simplify the stage construction. Additionally, our suggested shifts to minimize impacts to the utilities (mentioned above) will make construction staging easier too. We also want to minimize any temporary pavement during construction. We will look at shortening the taper lengths to tie back into existing pavement closer to the intersection. ► DRAINAGE AND RUN-OFF: Since curb and gutter is being installed, an enclosed drainage system will be designed to covey runoff to natural outfall locations. During construction of the drainage system, temporary barrier walls will be used to allow adjacent traffic to pass through safely. Access will be maintained to all properties during construction. All construction and right-of-way plans will be prepared using the latest editions of AASHTO and GDOT design guidelines. We will prepare for and attend the preliminary plan reviews. After which, we will respond to all comments and update the plans accordingly. Construction cost estimates will be updated at appropriate milestones and prior to each submittal. After designhas been approved, we will provide construction administration services to assist the City with construction oversight and inspection. We will provide field inspection of the work and communicate with the City on a weekly basis. Tasks March Aril May lune July August Set Oct Nov Dec Jan Feb Mar Apr May June Jul Au Notice to Proceed .3/18 Task L Concept Validation Obtain Traffic Counts Prepare Traffic Analysis Validate Concept Plans Meet with the City to Discuss Findings Task 2 Preliminary Plans Prepare Preliminary Plans Submit Preliminary Plans for Review Hold Plan Review Respond to Comments Task 3: Right -of -Way Plans Prepare Right -of -Way Plans Right -of -Way Plans Approval Stake Right -of -Way Procure Right -of -Way Task 4 Final Construction Plans Prepare Final Plans Respond to Comments Submit Final Plans Task 5: Construction Support Construction Adminisl D. RELATED PROJECTS AND REFERENCES BELL ROAD ROUNDABOUT, CITY OF JOHNS CREEK Wolverton is the Prime Consultant responsible for the design for this roundabout at a crucial residential road in Johns Creek. The roundabout was originally part of a bridge replacement and roundabout project on Bell Road but was separated into two projects to accelerate the roundabout. Additionally, the concept was originally done by another consultant before Wolverton took over to accelerate the schedule and drive the project forward using TSPLOST funding. All design was completed within 15 weeks of NTP. PAGE 3 W STATEMENT OF QUALIFICATIONS \\ CITY OF MILTON \\ FREEMANVILLE ROAD AT BIRMINGHAM ROAD INTERSECTION IMPROVEMENT DESIGN SERVICES "The City of johns Creek has enjoyed a professional relationship with Wolverton for 10 years as part of our On -Call Consulting Contract. Wolverton's experienced staff has been extremely responsive to our requests; they understand the scope of the many diverse projects that have been assigned to them, they communicate information quickly and effectively with our staff; and have delivered a quality product time and again." - Tom Black, Former City of Johns Creek Public Works Director, (678) 512-3200 thomas.black@johnscreekga.gov SR 84 AT RIDGEDALE ROAD ROUNDABOUT, GWINNETT COUNTY Wolverton is the Prime Consultant responsible for the design of a proposed roundabout at the intersection of SR 84/ Grayson Parkway and Ridgedale Drive. The improvements at this intersection will provide better mobility for the residences in the area and is on a fast-track for completion. Project is currently tracking to have all design services completed within a five-month schedule. "Wolverton provides timely design services to complete projects within shortened timeframes. Their responsive actions and efficient methods enable completion tunes th are unachievable by many designers. They consistently complete projects well ahead of schedule without sacrificing quality or communication. Wolverton keeps the client well informed throughout the project." - Lewis Cooksey, Assistant Director, Gwinnett County DOT, (77 822-7464, Lewis.cooksey@gwinnettcounty.com ADDITIONAL ROUNDABOUT DESIGN EXPERIENCE at 0) SHEPHERDS POND AT UNION HILL ROUNDABOUT, FORSYTH COUNTY Wolverton was the Prime Consultant responsible for the traffic study and concept layouts for three alternatives to improve the level of service at Shepherds Pond and Union Hill Roads in Forsyth County, GA. The alternatives included turn lanes, traffic signal and a mini -roundabout. The alternatives were presented to the Shepherds Pond Homeowners Association and the Forsyth County Board of Commissioners to obtain public approval of the preferred roundabout alternative. After selection of the roundabout alternative, our team was responsible for topographic survey and preliminary, right-of-way and final plans. The project also included a FEMA No -Rise Certification for additional embankment into the Big Creek flood plain and a sidewalk extension along Union Hill Road that ties to the Forsyth County Big Creek Greenway. All design services were completed within a five-month schedule. "Wolverton has been one of five on-call consultants for Forsyth County since 2008 and has successfully completed numerous projects for us. We appreciate their responsiveness and ability to work out design and project issues quickly, as well as the staffs open availability to either email, phone calls, or site meetings. Wolverton has worked with us and residents to make adjustment to designs that are beneficial and help to move the project to completion. Wolverton continues to meet the project schedules while maintaining high quality and excellent communications. " - Tim Allen, Assistant Director, Forsyth County Engineering, (770) 781-2165, tlallen@forsythco.com PAGE 4" Location Coal Mountain Road New Location with Roundabout Forsyth County, GA 2019 Buice Road Traffic Calming (2 roundabouts) Johns Creek, GA 2018 Shepherds Pond Road at Union Hill Road Roundabout Forsyth County, GA 2015 LaRoche Avenue at Tompkins Road Roundabout Savannah, GA 2014 Buena Vista Road Improvements (3 roundabouts) Columbus, GA 2015 Ash Street Roundabout Fayetteville, NC 2014 SR 247C at John E. Sullivan/ Walker Road Roundabout Peach County, GA 2014 Sargent Road Roundabout Johns Creek, GA 2013 Access Road Roundabout Blairsville, GA 2009 Bowling Green Towne Center 5 -Legged Roundabout Bowling Green, MO 2008 Hardscrabble Road at East/ West Chaffin Road Roundabout Roswell, GA 2007-2008 Weant Road at Bush Hill Boulevard Roundabout Archdale, NC 2006-2007 Riverside Drive at Brandon Mill Road Roundabout Fulton County, GA 2005-2006 PAGE 4" 1+IAtli I)11 0 All. ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 19-PW04 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes(Rcitvofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: Wolverton & Associates, Inc. CONTACT PERSON: Joseph R. Macrina, P.E. ADDRESS: 6745 Sugarloaf Parkway; Suite 100 CITY: Duluth STATE: GA Zip: 30097 PHONE. 770-447-8999 FAX. 779-447-9070 EMAIL ADDRESS: Joe.macrina@wolvertoninc.com Signature 1 \ ADDENDUM #1 c 4 (c, Date I I Page RIT 19-PW04-Adde11dumtt I 24 1 SECTION 5: COST PROPOSAL '*k [ST:1DiiSIIED2CiF, MUST BE RETURNED WITH BID One (1) original and two (2) copies shall be submitted in a separate sealed envelope before the required deadline. The offeror's cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5. The undersigned bidder, having familiarized themselves with the work required by the RFP, the bid documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract, and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by bidder for the total contract price of: Total Price $ 73,458* Print Total Price in Words Seventy-three thousand, four hundred and fifty-eight dollars 'Landscape architecture can be provided for a cost of $5,000 and lighting design can be provided for a cost of $8,000. Additionally, Construction Administration and CEI services can be provided for $80/hour. Print/Type Company Name Here: Wolverton & Associates, Inc. Authorized Signature Date 2 (° Print/Type Name Joseph R. Macrina, P.E. Print/Type Title Chief Operating OfficerNice President EXHIBIT `°C"' See Exhibits "A " and °B subject to the jollotiving clarifications; The Work includes Phase I through Phase IV as shown in Exhibit A. Phase V (Construction Administration) may be added to the Work through a Change Order setting forth the "not to exceed" price for that phase. Landscape architecture services are added to the Scope of Work. Consultant shall incorporate landscape architecture design recommendations and plans into Phases I — IV where appropriate in accordance with standard industry practice. EXHIBIT "D" STATE OF Georgia COUNTY OF Gwinnett CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: EW# 110645 Federal Work Authorization User Identification Number 4/1/2008 Date of Authorization Wolverton & Associates, Inc. Name of Contractor Freemanville Rd Cad Birmingham Rd Intersection Improvement Design Services Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on, r, [ ZZ- , 200 in Duluth (city), GA (state). Signature 4 Aut zed O cer or Agent Joseph R. Macrina, P.E. Chief Operating OfficeAtice resident Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE AY OF ,2 NOTARY PUBLIC ......, [NOTARY SEAL My Commission Expires: // /�?-z / 7c) -. c,, pME 4f'''a,, 'pTq 0 v 'ta / p 0 �''�•..COUNTY• G •`�. STA'T'E OF Georgia COUNTY OF Gwinnett EXHIBIT "E" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G;A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Wolverton & Associates, 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 F, - 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:. 205771 Federal Work Authorization User Identification Number 4/13/2009 Date of Authorization Foresite Group, Inc. Name of Subcontractor Freemanville Rd Cc 13irmini)_ham Rd Intersection Improvement Design Services Name of Project City of Milton Georgia Natne of Public Employer I hereby declare under penalty of penury that the foregoing is true and correct. Executed on April 22nd, 2019 in Peachtree Corners city) GA (state). Signature Authorized Officer or Agent Erik Johnston President Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON Tl -IIS THE DAY OF ilk NOTARY PUBLIC S. �OTARy x; e [NOTARY SEAL] i .4UB4kGIt 12 : C My Commission Expires: aLL W� STATE OF Georgia COUNTY OF DeKalb MMH� By executing this affidavit, the undersigned subcontractor verifies its compliance Nvith O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in tile physical performance of services under a contract with Wolverton & Associates. 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 111LISt 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 or authorization are as follows: I 86331 Federal Work Authorization User identification Number January 2008 Date of Authorization Accura Engineering and Consulting Services, Inc. Name of Subcontractor Freernariville Rd na Birmingham Rd Intersection improvement Design Service Nanic of Project City of Milton, GggMiA Name of Public Employer I hereby declare under penalty of perjury that the. foregoing is true and correct. Executed on April 22 , 201199 in Atlanta (city), GA (state), Signature of Authorized Offtcer Agent Prashanthi Reddy, President & CEO Printed Name and Title of Authorized Officer 01 - Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE I -L"- DAY or 1209 VRNT EY ON 'e NTAP), I R.Z - i ti, Puf)vN C'q My Cornri;i 6c, -Z 0 .......... 01 MILTON "' ESTABLISHED 2006 C ITY COUNCIL AGENDA ITEM TO: City Council DATE: April 30, 2019 FROM: Steven Krokoff, City Manager c2) AGENDA ITEM: Approval of Change Order #2 to an Agreement between the City of Mi lton and Tri Scopes, Inc. to Provide Facility Landscaping Services, Sport Field Maintenance and Maintenance of Bell Memorial and Providence Parks M EETING DATE: Monday, May 6, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ( YAPPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: (Y'(ES (~YES APPROVAL BY CITY ATTORNEY: ( ~PPROVED PLACED ON AGENDA FOR: () NOT.APPROVED () NO () NO () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.2500 IF: 678.242.2499 in fo @cityofmi ltonga.usIwww.cityofmiltonga .us OG OO To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on April 30, 2019 for the May 6, 2019 Regular Council Meeting Agenda Item: Approval of Change Order #2 to an Agreement between the City of Milton and Tri Scapes, Inc. to Provide Facility Landscaping Services, Sport Field Maintenance and Maintenance of Bell Memorial and Providence Parks _____________________________________________________________________________________ Project Description: On December 19, 2016, the Mayor and Council approved a contract with Tri Scapes, Inc. for maintenance at our IGA fields and our parks as well as facility landscaping services. On April 9, 2018, the Mayor and Council approved Change Order #1 to this contract to provide for the maintenance of the former Milton Country Club. Staff is now proposing Change Order #2 to this contract. This change order will make three changes to the existing contract. The first change results in an improved turf care program on the baseball fields at Bell Memorial Park. The second change increases the number of lawn cuttings at Northwestern Middle School by adding 12 additional mowings during the active growing season. The final change adds porter service and trash removal, twice a week, at eight City of Milton locations. The net difference in the contract is $24,688.00, moving the contact value from $307,415.77 to $332,103.77. Procurement Summary: Purchasing method used: Contract Addendum Account Number: 100-6110-523850002 Requisition Total: $24,688.00 Vendor DBA: Tri Scapes, Inc. Other quotes or bids submitted (vendor/$): NA Financial Review: Bernadette Harvill, May 1, 2019 Legal Review: Sam VanVolkenburgh – Jarrard & Davis, April 24, 2019 Attachment(s): 1) Change Order #2 to an Agreement between the City of Milton and Tri Scapes, Inc. to Provide Facility Landscaping Services, Sport Field Maintenance and Maintenance of Bell Memorial and Providence Parks 1 CHANGE ORDER #2 FOR FACILITIES LANDSCAPING, SPORT FIELD MAINTENANCE AND PARK AND FIELD MAINTENANCE AGREEMENT WHEREAS, the City of Milton, Georgia and Tri Scapes, Inc., have entered into a Maintenance Agreement dated December 19, 2016, and a Change Order #1, both of which are incorporated herein by reference (and are collectively the “Agreement”); and WHEREAS, the City desires to add additional services to the Agreement; and WHEREAS, pursuant to Section 2-626(b)(6) of the City’s Purchasing Policy, the City has selected Tri Scapes, Inc. as a “brand name” provider of this service due to the operational effectiveness of combining the additional service with Tri Scapes’ current landscaping services for the City; NOW THEREFORE, the parties agree to amend the Agreement as follows: 1. To reflect the improved turf care program at Bell Memorial Park, an increase of 12 additional grass cuttings at Northwestern Middle School and the addition of porter service at multiple facilities as detailed below, Section III.A is amended by replacing the first sentence with the following: “The total amount paid to Contractor in any Term shall be the lump sum price of $332,103.77, the sum of all pass-through costs authorized in writing by City, and the sum of all hours worked, materials used, and supplemental costs incurred in performing all approved Supplemental Work Orders at the unit prices set forth in Exhibit “B”. The effective date of this price change will be the effective date of this Change Order, with pricing for the Term beginning January 1, 2019, prorated accordingly. 2. Exhibit A, Contract B is amended by adding a new Section N containing the following Scope of Work: Porter Service at Multiple Facilities: At the facilities listed below, Tri-Scapes will visit each location twice a week to police the site for cleanliness, pick up trash and debris, and to empty the trash receptacles and install fresh trash bin liners. The locations are as follows: 1) Broadwell Pavilion – 12615 Broadwell Road 2) Bethwell Community Center – 2695 Hopewell Road 3) City Hall Plaza – 2006 Heritage Walk 4) Milton Country Club – 1785 Dinsmore Road 5) The trail parking area at Freemanville and Phillips Circle 6) The sidewalk trash bin on Mayfield Road near the Whitetail Bicycle Shop. 7) Birmingham Park – 750 Hickory Flat Road 2 8) Freedom Park – 13200 Deerfield Parkway 3. Exhibit A, Contract C, Section D, Sub-Section 2 is amended by adding “between the period of Mid- July and Mid-October, Tri Scapes will add twelve additional lawn cuttings of the fields at Northwestern Middle School. In addition to the already planned lawn cuttings, this will result in the grass being cut at least once every ten days. 4. Exhibit A, Contract C is amended by adding a new Section F containing the following Scope of Work: Porter Service at IGA Facilities: At the facility listed below, Tri-Scapes will visit each location twice a week to police the site for cleanliness, pick up trash and debris, and to empty the trash receptacles and install fresh trash bin liners. The location is as follows: 1) Friendship Community Park – 12785 Birmingham Highway 5. Exhibit A, Contract D, Section H is amended by adding a new Sub-Section 4 containing the following Scope of Work: Improved Turf Care at Bell Memorial Park: During the 2018 growing season, Tri-Scapes implemented an enhanced turf care program tailored to the results of a soil analysis. This turf care program resulted in higher fertilization and increased aeration on the grass athletic fields. This revised program is to be implemented starting the 2019 growing season. IN WITNESS WHEREOF, the parties have caused this Change Order to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON FOLLOWING PAGE] 3 CONTRACTOR: TRI SCAPES, INC. By: ________________________________________ Print Name: _________________________________ Its: President/Vice President (Corporation) Date: _________________________________ [CORPORATE SEAL] Attest/Witness: ____________________________________________ Print Name: ___________________________________ Its: ______________________________________ ((Assistant) Corporate Secretary if corporation) CITY OF MILTON, GEORGIA By: ___________________________________ Joe Lockwood, Mayor [CITY SEAL] Date: _________________________________ Attest: ____________________________________ Print Name: Sudie Gordon Its: City Clerk Approved as to form: ____________________________________ City Attorney MILTON "' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 1, 2019 FROM: Steven Krokoff, City Manag AGENDA ITEM: Approval of an Agreement between the City of Milton and Dynamo Pool Management, Inc. to Provide Pool Management and Maintenance, Lifeguard Support, Learn to Swim Programming and Resurfacing of the Walk in Pool MEETING DATE: Monday, May 6, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ( /4PPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEYREVIEW REQUIRED: (./YES ( yY'ES APPROVAL BY CITY ATTORNEY: ( JIAPPROVED PLACED ON AGENDA FOR: a5/o i /)fli.9 () NOT APPROVED () NO () NO () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242 .2500 IF : 678.242 .2499 info@cityofmiltonga.usIwww.cityofmiltonga.us 0800 To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on 04/30/2019 for the 05/06/2019 Regular Council Meeting Agenda Item: Approval of an Agreement between the City of Milton and Dynamo Pool Management, Inc. to Provide Pool Management and Maintenance, Lifeguard Support, Learn to Swim Programming and Resurfacing of the Walk in Pool _____________________________________________________________________________________ Project Description: A Request for Proposal was released to the public on February 21, 2019 seeking a vendor who could provide pool chemical maintenance, cleaning and management services, life guards, a Learn to Swim program and resurfacing of the zero entry walk in pool. The contract is for one year with two years of renewable options. Four responses were received, and a team evaluated each one to determine the best qualified supplier. Staff is recommending that the pool services contract be awarded to Dynamo Pool Management, Inc. Procurement Summary: Purchasing method used: RFP Account Number: 100-6110-523850004 Requisition Total: $41,700.00 Vendor DBA: Dynamo Pool Management, Inc. Other quotes or bids submitted: Received through RFP process Financial Review: Bernadette Harvill, May 1, 2019 Legal Review: Sam VanVolkenburgh – Jarrard & Davis, April 27, 2019. Attachment(s): 1) Dynamo Pool Management, Inc. Pool Proposal 2) Agreement Supplement Pool Management 3) Agreement Supplement Zero Entry 4) Exhibit A Agreement Supplement 1. Priority of Supplement: This Supplement is attached to the Swimming Pool Management Agreement between City of Milton, Georgia (“Customer”) and Dynamo Pool Management, Inc. (“Company”). The provisions of the Supplement control over any contrary provisions found in the Agreement and any other document that is incorporated by reference into the Agreement. 2. Zero Entry Walk Resurfacing Services Added: Addenda #1 and #2 to the Customer’s 2019 RFP for pool management services add a new service item: repair/resurfacing of the wading pool zero entry walk. The parties acknowledge that these services will be handled through a separate agreement (“Zero Entry Walk Resurfacing Agreement”), which will incorporate the terms of the Swimming Pool Management Agreement. 3. Acknowledgement of City’s Total Liability: The parties acknowledge that Customer’s total liability under the Swimming Pool Management Agreement and the Zero Entry Walk Resurfacing Agreement is $41,700. 4. Ratification of Payment and Services: The Swimming Pool Management Agreement provides for services to begin April 15, 2019. The parties recognize that the Agreement may be fully executed after that date. To the extent any services are provided or payments made between April 15, 2019 and the effective date of the Agreement, those services and payments are hereby ratified by the parties. COMPANY: DYNAMO POOL MANAGEMENT, INC. By: ________________________________________ Mike Cotter, CEO Date: _________________________________ CITY OF MILTON, GEORGIA By: ___________________________________ Joe Lockwood, Mayor Attest: Date: _________________________________ ____________________________________ Sudie Gordon, City Clerk Approved as to form: [CITY SEAL] ____________________________________ City Attorney 1 of 2 Agreement Supplement 1. Priority of Supplement: This Supplement is attached to the agreement for resurfacing of a wading pool zero entry walk (the “Agreement”) between City of Milton, Georgia (“Customer”) and Dynamo Pool Management, Inc. (“Company”). The provisions of the Supplement control over any contrary provisions found in the Agreement and any other document that is incorporated by reference into the Agreement. 2. Zero Entry Walk Resurfacing Services Added: Addenda #1 and #2 to the Customer’s 2019 RFP for pool management services add a new service item: repair/resurfacing of the wading pool zero entry walk. The parties acknowledge that these services will be handled through the Agreement. Accordingly, the RFP is incorporated into the Agreement by reference. 3. Terms of Swimming Pool Management Agreement Incorporated: Except to the extent inconsistent with the text of the Agreement, the terms of the separate swimming pool management agreement to be entered into by the parties at the same time as the Agreement will apply equally to the Agreement. These incorporated terms include, without limitation, the provisions relating to E- verify, Title VI compliance, and non-collusion. In addition, the parties agree that nothing in the Agreement shall be read to impose any indemnification obligation upon Customer. 4. Removal of 15-Day Acceptance Requirement: The parties acknowledge that the Agreement will be formally approved by the Customer more than 15 days after delivery by the Company, but the parties nevertheless intend to enter into a binding contract. Accordingly, the following sentence is hereby stricken from the Agreement: “This proposal is subject to acceptance within 15 days of company signature and is void thereafter at the option of Dynamo Pool Management, Inc.” [SIGNATURES ON FOLLOWING PAGE] 2 of 2 COMPANY: DYNAMO POOL MANAGEMENT, INC. By: ________________________________________ Mike Cotter, CEO Date: _________________________________ CITY OF MILTON, GEORGIA By: ___________________________________ Joe Lockwood, Mayor Attest: Date: _________________________________ ____________________________________ Sudie Gordon, City Clerk Approved as to form: [CITY SEAL] ____________________________________ City Attorney MA I L-1`0 N , , ft ESTABLISHED 2006 CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: RFP Title: Milton Parks & Recreation Pool Service Provider 19-PR03 Phone: 678-242-2500 Due Date and Time: March 14, 2019 Fax: 678-242-2499 Local Time: 2:00 pm EST Number of Pages: 50 ISSUING DEPARTMENT INFORMATION Issue Date: February 21, 2019 City of Milton Phone: 678-242-2500 Parks and Recreation Fax: 678-242-2499 2006 Heritage Walk Website: www.citvofmiltonga.us Milton, GA 30004 2006 Heritage Walk INSTRUCTIONS TO OFFERORS Return Proposal to: Mark Face of Envelope/ Package: �v�a�rno iPoD! ►rro� I�� S ►tea tls��N�� RFP Number: 19-PR03 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office Special Instructions: 2006 Heritage Walk Deadline for Written Questions Milton, GA 30004 March 4, 2019 at 5:00 p.m. (p6 --o 5 pZ Email questions to Honor Motes at OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE honor.motes@cityofmiltonga.us IMPORTANT- SEE STANDARD TERMS AND CONDITIONS OFFERORS MUST COMPLETE THE FOLLOWING Offeror Name/Address: Authorized Offeror Signatory: �v�a�rno iPoD! ►rro� I�� S ►tea tls��N�� �- � 6-1r►G1Y�1© IrC 30g Please riint ame and n in ink Offeror Phone Number: Offeror FAX Number: 40 L1, 40.;,3.-a-41 �b �' 131 6.S16N9- Offeror Federal I.D. Number: Offeror E-mai4 Address: (p6 --o 5 pZ M) V -e& vl (n(AM0 0 - �CVVI OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE 2006 Heritage Walk Milton, GA3(=4 P: 678.242.250 01 F. 678.242.2499 infolgcityofmiitonga.us I www.cityofmiitonga.us EST 2006 3119 Shallowford Road, Atlanta, GA 30341 p. 770.458.9422 f. 770.818.5847 BRUNEI= MILTUIN* ESTABLISHED 2006 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Offeror 01 NA—Mo COL L Name and 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.) NA List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: ✓1 Oy r- - ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 19-PR03 City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 &ULv&m� c -i -s omm ugv QN-0-t-OUCTM-UnTs pervaining ffY=8M"7q referenced RFP. COMPANYNAME: CONTACT PERSON: M -1 v '7 ADDRESS: CITY: 4VV-k9ke-C STATE; /'N ZIP: PHONE: Lit -4 LV6 441 S FAX: 00 EMAIL ADDRESSr M4-6dqV-v,0V1Ao el, vqi/, (,vv yv R F P 1 9 -- 11 R 0 3 A ci d e n d u rn 1 J - Date I I Page A pa ESTMISHED 2DO6 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 19-PR03 City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 &ULv&m� c -i -s omm ugv QN-0-t-OUCTM-UnTs pervaining ffY=8M"7q referenced RFP. COMPANYNAME: CONTACT PERSON: M -1 v '7 ADDRESS: CITY: 4VV-k9ke-C STATE; /'N ZIP: PHONE: Lit -4 LV6 441 S FAX: 00 EMAIL ADDRESSr M4-6dqV-v,0V1Ao el, vqi/, (,vv yv R F P 1 9 -- 11 R 0 3 A ci d e n d u rn 1 J - Date I I Page FA DYNAMO POOL MANAGEMENT, INC. W111111111111111111/ 3119 Shallowford Road, Atlanta, GA 30341 p.770.458.9422 f.770.818.5847 March 13, 2019 City Manager CITY OF MILTON _ 2006 Heritage Walk Milton, GA 30004 Dear City Manager and other City Officals, Thank you for this opportunity for Dynamo Pool Management, Inc. to submit a new proposal for managing the CITY OF MILTON pool. My team and I are excited about the potential of working with you and the city residents. Dynamo Pool Management, Inc. (DPM) is about to begin its eighteenth year of offering complete pool management services. DPM has been teaching swim lessons in neighborhood pools for over twenty years. Dynamo Pool Management, Inc. operated as Dynamo Community Services, Inc. _ for the first two years it was in business. The company then changed its name to the current name, to better represent its business goals and services offered. Dynamo Pool Management, Inc. trains over 350 lifeguards a year and hires from this group of lifeguards first and then the remainder go on to work for other companies. Dynamo Pool Management, Inc. is a subsidiary of the Dynamo Parent's Club, Inc. (a 501-0 non-profit organization) which owns and operates the Dynamo Swim Clubs (DSC). The Dynamo Swim Club (DSC) owns and manages two year-round facilities in the Metropolitan Atlanta area. DSC has been in business since 1981. DSC manages and maintains 6 year round pools, one being a 50 meter Olympic size pool (over 1,500,000 gallons of water). DSC teaches over 10,000 students annually in its year-round swim lesson program. DSC manages a staff of lifeguards, lesson instructors, _ facility directors, coaches and administrative staff at its year-round facilities. Our management team and staff currently are associated with the following: Association of Pool & Spa Professionals (APSP) CPO (Certified Pool Operators), Swim America Lesson Supervisors and Directors, Starfish Aquatics Lesson Instructors and Trainers, ASCA certified staff (American Swimming Coaches Association), American Red Cross Lifeguard Training, CPR and - First Aid Instructors, Lifeguard Training, CPR and First Aid Instructor Trainers, American Red Cross Water Safety Instructors and Instructor Trainers, Aquatic Exercise Association (AEA) instructors, USA Swimming certified individuals, National Recreation and Park Association affiliation and we are a member of the Association of Pool and Spa Professionals (APSP), the Community Associations Institute (CAI) and the Better Business Bureau (BBB). Why should Dynamo Pool Management become City of Milton pool management service provider? Complete Pool Management Service - Along with general pool management services, we also provide a complete line of additional services such as renovations (pool installation, pool resurfacing, deck and coping work, pool equipment installation/repair/replacement and pool cover installation), Pool and Aquatic Supplies, CPR Classes, Water Aerobic Classes, Fitness Swim Classes and Swim - Lessons for all ages. r Response Time - We provide an emergency verbal response time of 15 minutes & overall response time within 24 hours or less. Lifeguard & Pool Monitor Quality - (if need guards at any time) By training and certifying over 400 lifeguards each swim season - through Dynamo Swim Club, we are able to choose the "cream of the crop" for placement at our DPM pools. Compared to other pool mgmt. companies, we also pay a higher hourly rate for our lifeguards. The head lifeguard or pool monitor at each pool is college-age and has previous lifeguard experience which is typically within DPM. Management Quality - As will be shown in the staffing section, we have many years of pool management experience and a highly qualified staff. - Once you have reviewed the contract, please contact me directly with any questions or any clarification you may need. I will be your primary contact with Dynamo Pool Management. Bst Regakasrp P, of ,O Dynamo Pool Management, Inc. p. 770.458.9422 f. 770.818.5847 c. 404.483.7418 www.dynamopoolmanagement.com and www.dynamoswimclub.com FIC* DYNAMO POOL MANAGEMENT, INC. (NW 3119 Shallowford Road, Atlanta, GA 30341 p.770.458.9422 f.770.818.5847 - Some key points that help Dynamo Pool Management stand out over its competitors: 1. Our quick response and flexibility with last minute schedule adjustments - we are quick to respond should there be a mix-up or issue with staffing, pumps or any pool related item! We make last minute changes for our customers even the night or day of if needed. We have staff who are in place to respond to calls, text or emails at anytime of the day and night. 2. We are local - your main customer service/supervisor contact is less than 10-15 minutes from your pool and able to respond quickly. 3. We also only manage and service facilities in the Metro Atlanta area - our focus is on the local community and we want to service our customers in this area and give them the 150% service they deserve. As our business model is setup, we have the net proceeds go back and help the Atlanta community. 4. We always strive to hire as many of the local gate attendants, lifeguards and service technicians. 5. Dynamo Pool Management carries the second highest total liability limits in the Atlanta area. Our coverage is $10,000,000 per _ occurrence. There is only one competitor company that carries higher limits, and if you examine the spread of risk (Limits carried compared to number of pools serviced), you are VERY well covered with Dynamo. Currently we service approximately 65 pools, vs. our - large competitor who operates in 15 states and has 12 times as many pools under management. In the pool management industry the vast majority of claims fall under $5,000,000 in total settlement. Very few have ever approached $10,000,000, and only one occurrence has case law settling over $10,000,000 (which did not happen in GA). Bottom line, our clients are extremely well protected with - Dynamo and our risk management & insurance program. 6. Safety is our top priority at all our pools. We conduct twice a month in-service training for our guard staff. We have trainers work along side lifeguards to help them pick up on their secondary responsibilities and help them be strong lifeguards while on duty. 7. Our business model is like no other pool management company. Dynamo Pool Management, Inc. is a for profit subsidiary of the non profit 501 c3 Dynamo Swim Club. Our proceeds each year are directed back into the Swim Club to assist families with swim lessons who need financial assistance. We currently offer free swim lessons to a nearby elementary school to help kids to learn to swim. 8. We want to work with City of Milton this coming pool season and provide strong, customer service focused staff and work together to make the 2019 pool season successful and keep stress levels down for everyone at City Hall and the Milton community. 9. On another note, - I know you may have residents who want to make sure the management company knows what they are doing, our CEO is a certified pool contractor in the Metro Atlanta area. He is able to construct new pools to any renovations or repairs needed as well. He is very hands on and will be able to help with anything that should arise at the pool this coming summer. We would love the opportunity to work with you and the City of Milton and offer the great service you all deserve. Please let me know if we need to rework anything to fit your budget and plans. Hire Dynamo Pool Management for this coming summer so your residents can enjoy the pools and swim while we manage the pool needs. P,,* DYNAMO POOL MANAGEMENT, INC. 1111111111111111111111W 3119 Shallowford Road, Atlanta, GA 30341 p.770.458.9422 f.770.818.5847 FULL LEGAL NAME (PRINT) FEDERAL TAXPAYER NUMBER (ID#) (Company name as it appears with your Federal Taxpayer Number) DYNAMO POOL MANAGEMENT, INC. 68-0502584 BUSINESS NAME/DBA NAME/TA NAME FEDERAL TAXPAYER NUMBER (If different than the Full Legal Name) (If different than ID# above) BILLING NAME FEDERAL TAXPAYER NUMBER (Company name as it appears on your invoice) (If different than ID# above) DYNAMO POOL MANAGEMENT, INC. Principal(s)/Owner(s) DYNAMO PARENTS CLUB, INC. - Owner Mike Cotter - CEO PURCHASE ORDER ADDRESS PAYMENT ADDRESS 3119 Shallowford Road 3119 Shallowford Road Chamblee, GA 30341 Chamblee, GA 30341 CONTACT NAME/TITLE (PRINT) SIGNATURE (IN INK) DATE Mike Cotter/CEO � 3/1/2019 E-MAIL ADDRESS TELEPHONE NUMBER dynamoadmin@earthlink.net 404.483.7418 - Mike Cotter I. ADDITIONAL INFORMATION RECtUE6I ED: A. Number of years the company has been doing business? 17 years B. Are there any other pool companies affiliated with this company and/or the principal(s)/owner(s) named above? NO C. Provide number of pools company manages by type (i.e. commercial, HOA. etc.). We currently have 2 university pools, 8 municipal pools and over 50 HOA pools D. Provide number of services Techs employed by the company. Five E. Typically, are the repairs to the pool done by employees of the company or a third party? Repairs are completed by the employees of the company F. Number of life guards managed during the summer. Around 350-400 lifeguards G. Are the lifeguards considered employees or contractors (Form 1099-MISC)? All of our lifeguards are considered employees of Dynamo Pool Management H. What is the average lifeguard compensation? Starting compensation is around $8 or 8.50 and average is around $10 or higher for more senior guards I. All of our guards certified in the lifeguard training, Adult, infant and child CPR, AED (CPR for the professional rescuer). We host a pre -season company -wide orientation for all of the guards we hire, have an on-site orientation at every pool location. Perform DYNAMO POOL MANAGEMENT, INC. 3119 Shallowford Road, Atlanta, GA 30341 p.770.458.9422 f.770.818.5847 twice a month in-service trainings throughout the summer for the guards to practice their skills and make sure they are up with their CPR and lifeguard skills. J. We use a timesheet live APP for all the staff — it has geofencing built in so the staff is only available to clock in and out at the pool location. This app allows the HR department to send announcements to all staff or specific ones as well as make immediate changes to the schedule so the guards know the information immediately. This also allows upper management to review and see who is working at the pool should they need to contact someone on location. K. Detail the hiring and vetting process of the lifeguards. Are background checks conducted? Personal interviews with every guard, check references, run background checks on 18 and older guards (as the under 18 information is sealed). We actually have the lifeguard training at our indoor facilities and pull out the strong candidates in each class to work with us. L. Here is a sample of the lifeguard's daily checklist. See below and we can modify should Sewell Farm want anything different Opening Checklist: 1. Unlock bathrooms, turn on lights 2. Check pool chemical levels, take corrective action as necessary, log readings and actions taken. 3. Check pump room equipment (motor running, pressure gauge readings, flow meter readings 4. Deploy safety & rescue equipment 5. Make a survey of the bathrooms and pool area; cleaning, restocking & policing as required 6. Deploy trash cans 7. Clean all trash off the pool surface with skimmer net 8. Vacuum pool 9. Bring in any trash cans that may have been taken to the street for trash pick up 10. Perform other scheduled items- vacuuming, emptying skimmer baskets and other "side" cleaning 11. Clean waterline tiles Closing Checklist: 1. Make the pool and pool area is clear of swimmers 2. Pick up and dispose of trash 3. Collect non -trash items and place in lost & found 4. Close all pool umbrellas (tables, guard stands, etc) 5. Straighten pool furniture and place all lounge chair backs at the same height 6. Return pool toys to proper location 7. Bring in any un -covered trash cans 8. Ensure all items are out of the pool 9. Store safety & rescue equipment 10. Clean, restock and complete bathroom checklist 11. Turn off bathroom lights, make sure no one is inside and lock the door 12. Visually inspect pump room and ensure all is operating normal, lock door 13. Empty and re -line all trash cans 14. Take the trash either to the dumpster or place on the curb for pick up (depending what is applicable) 15. Be sure all grills are off 16. Turn off lights, fans and other devices 17. Ensure all gates are securely closed and locked -� 50 1 RFP 19-PR03 EXHIBIT "F" The following individuals are designated as Key Personnel under this Agreement and, as such, are necessary for the successful prosecution of the Work: Individual Position MA � �N � Project Manager j•+ i1�-� ���U^ti rd1 rte- n ra��vV� Sa✓ J�Sr�1n c �1� r'► � h}�- rra�c�e-,� YV� � xy �� I aJi^ GtvYl �i'12 1�1v�G'"t?)✓ C �s v�ti✓ �i cue. �-e p ��-{{� �11� ►� �1 d pQr►�r�hv�n� FG* DYNAMO POOL MANAGEMENT, INC. WNW 3119 Shallowford Road, Atlanta, GA 30341 p.770.458.9422 f.770.818.5847 Our Key Management Team: Mike Cotter Mike is the CEO of Dynamo Pool Management, Inc. and has over 25 years of experience managing aquatic facilities. Mike earned a Masters Degree in Public Administration and grew up in the Atlanta area. Mike is in charge of the overall management of the company and has the following certifications: American Red Cross: WSI (IT) -water safety instructor (instructor trainer), LGI (IT)- lifeguard instructor (instructor trainer), CPR01 (IT)- CPR for the professional rescuer instructor (instructor trainer), F.Aidl (IT)- first aid instructor (instructor trainer), Association of Pool & Spa Professionals (APSP): CPO- certified pool operator, SwimAmerica: certified instructor and is a member of the National Parks and Recreation Association, Certified Parks & Recreation Professional, USA Swimming, & the American Swimming Coaches Association. Pete Holland Pete is completing his ninth year with Dynamo Pool Management as the operational manager and has been employed with Dynamo for over ten years. Pete has over 10 years of lifeguard experience as well as head lifeguard experience. Pete is certified in American Red Cross lifeguard training, CPRO and first aid and is a certified instructor in these areas as well. Pete has had direct involvement in similar scope as PPC, for example: City of Decatur, Lake Claire and Towne Lake Hills. Kevin Thompson Kevin is beginning his seventeenth year with the company and is one of our regional supervisors. He has 8 years of lifeguarding experience as well as pool manager experience. Kevin is a certified in American Red Cross lifeguard training, CPRO and first aid and: Association of Pool & Spa Professionals (APSP) CPO- certified pool operator. Kevin has been the direct supervisor for City of Decatur, Leslie Beach Club, Lake Claire and Towne Lake Hills. Our Regional Supervisors We employ 3-4 full time regional supervisors during our summer seasons to assist with our daily supervision and maintenance of all our pools. Each supervisor usually oversees around 10 pools. These regional supervisors are all CPO - certified pool operators. Service Techinicans We employee 2-3 service techs each season to assist with the pool service at all our pools in the Atlanta area. Service techs are all CPO certified pool operators. Sean Penn Sean is beginning his sixth year with Dynamo as our Swim School Director. Sean brings with him a vast amount of experience in Aquatics and Water Safety and as an advocate for getting all ages of individuals to "be safe in the water". Sean is responsible for the overall management of the lesson program. His primary concerns are the safety of our students and the effectiveness of the instructional program in teaching swimmers to be safe and competent in the water. Michelle Cotter Michelle is completing her thirteenth season with the company and is our current Sales and Marketing Director. She has assisted with Human Resource responsibilities within Dynamo and quality assurance. Michelle brings over 15 years of marketing experience to Dynamo and is a graduate of the University of Colorado -Boulder with an International Business and Marketing degree. Edie Wunderlich Edie has been with the company since its beginning. She is our administrative coordinator and handles day to day administrative functions. These include payables and receivables, payroll and other necessary responsibilities. Edie had been a part of the Dynamo organization for over twenty years and her son was a member of the 1996 Olympic Swim Team. FA DYNAMO POOL MANAGEMENT, INC. 3119 Shallowford Road, Atlanta, GA 30341 p.770.458.9422 f.770.818.5847 DPM Background: Dynamo Pool Management, Inc. (DPM) has completed its seventeenth year of offering complete pool management services. DPM has been teaching swim lessons in neighborhood pools for over nineteen years. Dynamo Pool Management, Inc. operated as Dynamo Community Services, Inc. for the first two years it was in business. The company then changed its name to the current name, to better represent its business goals and services offered. Dynamo Pool Management, Inc. trains over 350 lifeguards a year. DPM hires from this group of lifeguards first and then the remainder will work for other companies. DPM had over 40 full service management customers last season located from Central DeKalb, Gwinnett, Cobb, Forsyth and North Fulton County. Dynamo Pool Management, Inc. is a subsidiary of the Dynamo Parent's Club, Inc. which owns and operates the Dynamo Swim Club (DSC). All proceeds from Dynamo Pool Management go to the Dynamo Swim Club. These proceeds allow Dynamo to offer scholarships for families and improve our year round facilities for the swim club and our competitive swim team. The Dynamo Swim Club (DSC) owns and manages two year-round facilities in the Metropolitan Atlanta area. DSC has been in business since 1981. DSC manages and maintains 6 year round pools, one being a 50 meter Olympic size pool (over 1,300,000 gallons of water). DSC teaches over 10,000 students annually in its year round swim lesson program. DSC manages a staff of lifeguards, lesson instructors, facility directors, coaches and administrative staff at its year round facilities. Staff Qualifications: Staff consists of National Swimming Pool Foundation CPO (Certified Pool Operators), Swim America Lesson Supervisors and Directors, ASCA certified staff (American Swimming Coaches Association), American Red Cross Lifeguard Training, CPR and First Aid Instructors, Lifeguard Training, CPR and First Aid Instructor Trainers, American Red Cross Water Safety Instructors and Instructor Trainers, USA Swimming certified individuals, National Recreation and Park Association affiliation and we are a member of the Association of Pool and Spa Professionals (APSP), the Community Associations Institute (CAI) and the Better Business Bureau (BBB). J , CERTIFICATE LIABILITY INSURANCE DATE (MM/DD/YYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 5/7/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(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 NAME:-_ M0llyPHONE Pritchard & Jerden, Inc. FAX JA/cc Ext): 404-832-8645 LLAic Nod 404-261-5440 950 East Paces Ferry Road NE _o — - __ - ------- Suite 2000 E-MAIL -ADDREss..__Mhqwe�q@Ains.com Atlanta GA 30326-1384 INSURERS) AFFORDING COVERAGE NAIC INSURERA Cincinnati Insurance Compal _ 10677 INSURED DYNAM-3 INSURERB Cincinnati S ecialt Ins Co.. 13037 Dynamo Pool Management, Inc. -- -- -� —y — --- - _ _.. Attn: Mike Cotter INSURERC Bridgefleld Casualty Insurance 10335 3119 Shallowford Road INSURER D. Chamblee GA 30341 INSURER. E : INSURER F: COVERAGES CERTIFICATE NUMBER: 1799875338 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. k-DL(NSR i POLICY EFF POLICY EXP TYPE OF INSURANCE IVSD WI VD MMIDDNYYY. MM/DDIYYYY LIMITS LTR POLICY NUMBER B X COMMERCIAL GENERAL LIABILITY N N CS0005711111 5/6/2018 5/6/2019 EACH OCCURRENCE $_1000000_ DAMAGE TO RENTED '� - - '- - CLAIMS -MADE L --I OCCUR PREMISES (Ea occurrence)____, $ 300 000 MED EXP (Any one person) $ Excluded PERSONAL & ADV INJURY $ 1,000, ODD GEN'L AGGREGATE LIMIT APPLIES PER; GENERALAGGREGATE $ 2 _... F� -X--�� POLICY I- jECT L� LOC ( - ---- -- _. PRODUCTS COMPIOP AG_G_- -- '000,000 - __. $ 2,000,000 _ - OTHER Abuse $$1M/$1M A AUTOMOBILE _ LIABILITY N N EBA 0021637 5/6/2018 5/6/2019 COMBINED SINGLE LIMIT Ea acadent $ 1,000,OOD X ANY AUTO BODILY INJURY (Per person) $ OWNED-� .SCHEDULED BODILY INJURY $ _--. AUTOS ONLY AUTOS (Per accident) — X HIRED X NON -OWNED j PROPERTY DAMAGE - --- $ ..___ AUTOS ONLY AUTOS ONLY B X UMBRELLA LIABX II OCCUR CS00018470 5/6/2018 5/6/2019 EACH OCCURRENCE $5,000,000 EXCESS"LIAB CLAIMS -MADE j AGGREGATE $5,000,000 DED RETENTION $ $ C. WORKERS COMPENSATION N 196-21010 5/6/2018 5/6/2019 X PEROTH- IAND.EMPLOYERS' LIABILITY YIN N _ LSTATUTE_L-, ER . ANYPROPRIETOR/PARTNER/EXECUTIVE E L. EACH ACCIDENT $500,000 (OFFICER/MEMBER EXCLUDED? ❑ .NIA --------- ------- "-----"' (Mandatory in NH) E.L. DISEASE EA EMPLOYEE 0 $_500,090 If yes, describe under _._, DESCRIPTION OF OPERATIONS below E.L.DISEASE POLICY LIMIT $ 500,000 A $4M x $5M Excess liability I i EXSO437092 5/6121118 5/6/2019 Occur/Aggregate. I 4,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) — CERTIFICATE HOLDER CANCELLATION ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. For Informational Purposes Only AUTHORIZED REPRESENTATIVE Atars --- ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD F,* DYNAMO POOL MANAGEMENT, INC. WAIW 3119 Shallowford Road, Atlanta, GA 30341 p.770.458.9422 f.770.818.5847 Team Organization * Resumes & Bios are listed for the key team players on page 3&4 under section Management Team Edie Wunderlich* Office Administrator Service Techs Missy Bigham Human Resources Executive Board Committee Board of Directors Mike Cotter* CEO Pete Holland* Operations Manager Regional Supervisors Michelle Cotter* Sales & Marketing Sean Penn* Swim School Director Summer Satellite Lessons Coord. Head Lifeguards Swim Lesson Instructors Lifeguards FA DYNAMO POOL MANAGEMENT, INC. W111611W 3119 Shallowford Road, Atlanta, GA 30341 p.770.458.9422 f.770.818.5847 References DPM has two types of references listed below. There are references for our pool management services for year-round annual service. In addition, there are references for several of our renovation projects. DPM will provide email addresses upon request. DPM grants permission to contact any of these references listed below as part of the selection process. References for DPM Pool Management Services City of Mountain Park City of Decatur Karen Segar Jabari Cole p. 770.993.4231 p. 404.406.5241 and/or e. city.clerk@mountainparkgov.com e. jabari.cole@decaturga.com Greg White p. 404.583.7899 e. greg.white@decaturga.com Studdiford Carol Meany p. 678.232.2320 e. carol_meany@hotmail.com References For DPM Renovation Work Parsons Run HOA Spring Ridge HOA Ellen Larke Brad Riffel 770.619.3304 678.990.2393 Leslie Beach Club Park Forest HOA Steve Hedenquist Phil Mello 404.229.7677 404.433.9477 5 1 RFP 19-PR03 MA 1130 ESTABLISHED 2006 MUST BE RETURNED WITH PROPOSAL RFP 19-PR03 PROPOSAL LETTER We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP) 19-PR03, Milton Parks & Recreation Pool Service Provider. It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature _ /1A /'�'��! Date Print/Type Named Print/Type Company Name Dy IJ AYVIQ !? i LL- F4& DYNAMO POOL MANAGEMENT, INC. MAIV 3119 Shallowford Road, Chamblee, GA 30341 770.458.9422 #11 SWIMMING POOL MANAGEMENT AGREEMENT CITY OF MILTON April 15, 2019 - April 14, 2020 This agreement by and between DYNAMO POOL MANAGEMENT, INC. (the "Company") and CITY OF MILTON (the "Customer") is to provide for the operation and management by the Company of the Customer's pool located at 1785 Dinsmore Road, Milton, Georgia in accordance with the specifications, conditions and terms set forth herein. 1. EFFECTIVE DATE: This agreement, when executed by both parties hereto, shall become effective on the date both parties sign the contract, for the upcoming swim (summer) season and the following off season (fall - winter - spring). 2. PROPOSAL EXPIRATION OPTION: This contract is void able at the Company's option if not executed by the Customer and returned to the Company by September 1, 2019. _ 3. ACCESS AND UTILITIES: The pool is described in Exhibit A, attached hereto and incorporated herein by reference. The Customer will permit and maintain free access to the pool site and, upon signing Agreement, Customer will provide (4) sets of keys to the Company to open any and all locks required to operate the pool. Company shall keep and safeguard keys and release keys only to authorized personnel. Keys shall be returned to Customer in the event of termination of this Agreement. Customer further agrees to furnish without cost to Company: 1. Water 2. Electricity 3. 110 volt electrical outlet in pump room 4. Garbage pickup service - 5. Appropriate number of lifeguard stands and umbrellas for the stands 6. Telephone (pay telephone acceptable) 7. Secured storage space for equipment and/or supplies 4. TELEPHONE: Customer shall be responsible for providing an operational telephone accessible to the Company's lifeguards at the pool site. For safety reasons, the pool will only be open when the telephone is operational. 5. OPENING: Company agrees to make both pools useable by completing the following services, where applicable: 1. The Company will remove and store the customer's pool cover 2. Vacuum pool 3. Inspect chemical feeders 4. Inspect all filter equipment 5. Inspect flow meters, pressure gauges and valves 6. Inspect diving boards, guard chairs and ladders 7. Inspect underwater lights 8. Set up and clean pool furniture - 9. Clean bathrooms 10. Order, store and inject all necessary chemicals to establish proper levels for: • Free chlorine • Total alkalinity • pH • Calcium hardness • Cyanuric acid 11. Start up equipment 12. Perform prerequisite repair work as needed and authorized by Customer (see "Repair Work") 6. PERMIT: The Company will assist the Customer in obtaining a Swimming Pool Operating Permit from the local Health Department. The Company shall: • Clean and chemically balance pools according to Health Department standards • Make necessary repairs and provide parts under the terms of "repair work" section of this agreement. • Schedule pre -season Health Department inspection and meet the county Health Department inspector at Customer's pool to walk through the inspection with the Health Department inspector prior to scheduled pool opening. The Customer shall be responsible for: . Completing the operating permit application and returning it to the Health Department with the permit fee. The Company will obtain the application and advise and assist Customer regarding the application, 7. INITIAL OPENING: Customer agrees pool will be clean and free of algae on the day the contract is executed (or on the day the Company pulls the cover/takes over control of the pool) if the Company is not used for "off season service". If the pool is not free of algae, Customer agrees to pay reasonable additional charges for cleanup and chemical treatment of pool. 8. POOL OPERATION: Company agrees to furnish certified lifeguards to operate the pools on the following schedule: Dates of Operation: May 13, 2019— Pool will be swim ready, With the City's permission, swim teams will start practicing on this date but the pool will not be open to the general public. May 25, 2019 — Pool will open to the general public for the season September 3, 2019 — Pool will close for the season May 25 - August 4 Daily 11 am — 8 pm (2 lifeguards on duty) August 5 September 2 Monday — Friday 4 pm — 8 pm (2 lifeguards on duty) Saturday & Sunday 11 am — 8 pm (2 lifeguards on duty) Monday, Sept. 2nd 11 am — 8 pm (2 lifeguards on duty) Customer may change the time of the overlap as needed. At Customer's request, or in the Company's reasonable discretion if conditions warrant, the number of lifeguards on duty may be reduced temporarily based on the number of members using the Customer's facility; but in no event may such reduction leave an insufficient number of lifeguards to safely supervise the facility. Customer shall receive an invoice credit for the worker hours saved due to temporary staffing reductions, based on the following hourly rates: trained, certified lifeguards: $17. The lifeguard shifts may be split up differently (for scheduling purposes) but the coverage will remain the same (the times where multiple lifeguards are needed will not be affected). The Customer may change the hours of operation (with at least two weeks written notification to the Company) at no charge as long as the hours per week remains the same and the Company has lifeguards available for those hours. Company recommends that supervision by certified personnel be required for any use of the pool. 9. BREAK: If two Life guards are on duty, the life guards will take breaks independently such that there is continuous guard coverage. If only one life guard is stationed at the facility, once every hour (15 minutes before the hour) the pool will be cleared of all swimmers (younger than 18 years old) for a period of fifteen minutes. During this break, the lifeguard will not be on duty and neither the lifeguard nor the Company shall be responsible for people using the pool during this break. 10. CLEANING: Lifeguards may work before and after regular pool hours on cleaning and maintenance if necessary. 11. VANDALISM: Additional reasonable charges for cleanup required as the result of vandalism shall be paid by the Customer to the Company. 12. SUPERVISION: Company Supervisors will inspect the pool at least three times a week (announced and unannounced visits) during the full-time operation of the pool. Additional inspections and/or visits to the pool will be made by Company's management personnel as needed. Company will maintain daily telephone contact with the lifeguards to ensure proper operations are being conducted. 13. ADDITIONAL LIFEGUARDS: The Company will provide lifeguards for special events, after-hours parties, and extra hours of operation at the request of the Customer and/or its members and subject to the following: • For parties or special events, the Customer and its members are not required to use Company lifeguards; however, Customer and its members assumes full responsibility and liability for the pool in the event any individuals are within the pool area when the Company lifeguards are not scheduled to work. • For parties or special events (during regular hours or after hours), for which the Company is to provide lifeguards, the Customer and/or its members are responsible for giving the Company fourteen (14) days prior written notice as to: • The time and date of the party • The number of people who are scheduled to attend The general age group of the people scheduled to attend 2 • Whether alcoholic beverages will be permitted at the party • Any special admission instructions * For a party that is scheduled during the regular pool hours and will have more than 15 swimmers attending an additional lifeguard must be scheduled. • One additional lifeguard shall be required for any teenage party, college age party or for any party involving alcoholic _ beverages. Customer agrees to provide one adult chaperone for each ten (10) people at a teenage or college age party. • Billing shall include any time spent cleaning up after use by any special group or party. • Customer's Members must complete Party Reservation Form via the Company website at www.dynamopoolmanagement.com. • If the Customer is the group requesting additional lifeguards, they need to notify the Company (14) days prior to the event via email: michelle(c�dynamopm.com and phone 770-458-9422 #11. The Customer does not have to complete the items - "on line" as the Customer's members are required to. Lifeguard requirements: - for 1-20 guests: 1 lifeguard - for 41-60 guests: 3 lifeguards - for 21-40 guests: 2 lifeguards - for 61-80 guests: 4 lifeguards $25.00/hour for each lifeguard required: lifeguard hours x $25.00 = An additional lifeguard is required for any party involving teenagers, college-age individuals, or alcohol. No lifeguards will be scheduled past 12:00 midnight The charges are as follows: Full payment is payable to Dynamo Pool Management, Inc. and due at the time of reserving the event along with the reservation form and the indemnification form. Reservations and payment for extra lifeguards is completed via the web site: www.dynamopoolmanagement.com Once Dynamo receives this form, you will be notified with a confirmation (based on lifeguard availability). If the Customer is requesting lifeguards, the fee for the request will be added to the next scheduled invoice. If the party runs past the scheduled end time by more than a 1/2hour- you will be responsible for paying $50.00 due within two days after the party. • Cancellation Policy - If notification is received less than 48 hours prior to the event, then 20% of total fees will be refunded. Notification needs to be received by phone at 770-458-9422 ext. 11 and by email: michelle(d)dynamoom.com. • The Company will notify the Customer's contact when the Company receives a party request 14. RAIN DAYS: At times when weather is unsuitable for swimming and when lifeguards are scheduled, the Company will keep one (1) lifeguard at the pool until one hour before pool closing time. At this time, if the weather is still unsuitable for swimming, the pool will be closed for the day (once all of the daily responsibilities have been completed and a Customer representative has been notified). Company shall have the right to close the pool early in the event of severe weather with no refund due to the Customer. 15. MINIMUM SAFETY STANDARDS: Customer agrees and acknowledges that it is Customer's responsibility and duty to furnish Customer's pool within the established minimum safety standards. The National Spa and Pool Institute "Minimum Standards for Public Pools," the National Electric Code, and any and all local health and building codes shall be used as - minimum standards for safety herein. The NSPI "Minimum Standards for Public Pools" may be obtained from NSPI, 2111 Eisenhower Avenue, Alexandria, Virginia 22314; the National Electric Code is available from the National Fire Protection Association, 1 Batterymarch Park, POB 9101, Quincy, Massachusetts 02269-9101; and local health codes are available from the county environmental health department. The Company may bring the Customer's pool into compliance with minimum standards in the following areas (at the Customer's request): • Tile depth markings at water line and safety warnings on pool deck • Safety equipment: ring buoy(s), shepherd's hook(s), first aid kit, safety rope, rescue tube, cervical collar, spine board - • GFI circuit breakers for underwater pool lights Payment for work and equipment to bring Customer's pool within minimum standards on the above items shall be the responsibility of the Customer, payable to the Company. Company shall have the right to cancel this Agreement if Customer elects not to have pool brought up to minimum standards as defined above. 16. WADING POOL: The supervision and safeguarding of users of the wading pool shall be the responsibility of the parents of the children using the wading pool. Company agrees to maintain cleanliness of wading pool and wading pool area and where applicable, to maintain water chemistry. Company, however, shall not be responsible for any injury or loss resulting from use of the wading pool except to the extent such claims arise from the gross negligence of Company or failure by Company to perform its obligations under this agreement. The foregoing paragraph shall be deemed a release by the Customer as opposed to an agreement on the part of Customer to indemnify. 17. CLOSING: The pools will be considered closed to swimmers on September 3; 2019 and the Company will close the pools as soon after that date as Company deems possible. The Company will complete the following services, where applicable for both pools; a. Adjust pool water to correct level b. Drain pumps and hair/lint strainer c. Backwash and drain filter tanks d. Open all valves to appropriate settings e. Store Customer's deck furniture at Customer's pool f. Remove and store skimmer parts g. Remove and store all movable ladders, lifeguard chairs and diving boards when required for closing pool h. Clean chemical feeders i. Drain and store hoses j. Lubricate filter system valves k. Add winterization chemicals to pool (if Customer contracting for winter service) I. Prepare pool and pool -plumbing lines for freeze protection; Company agrees to use common and accepted winterization techniques. m. The Company will install the Customer's pool cover when applicable Additional costs may be incurred by the Customer for additional extreme, unexpected services with payment payable to the Company. If so, prior written approval from the Customer is needed before services will be completed. 18. PERSONNEL: All personnel who will work at the Customer's pool in fulfilling the terms of this Agreement, including all lifeguards, shall be employed solely by the Company and be employees of the Company. No lifeguard shall be engaged by the Company as an "Independent Contractor" to fulfill the terms of this Agreement. a. The Company agrees to pay the following for Company's employees, including all lifeguards: ® Wages ® Income tax withholdings ® Social Security withholdings ® State unemployment insurance ® Federal unemployment insurance • Workmen's compensation insurance b. Personnel will be trained by the Company. c. All lifeguards employed by the Company shall have American Red Cross Lifeguard Training Certificates, or the equivalent, as well as Infant/Child CPR and Adult CPR and first aid. d. Company will assign a head guard for the Customer's facility e. Personnel shall have the authority to discipline swimmers and any and all other persons within the pool facility within their best judgment and sole discretion consistent with the published and posted rules of the Customer and minimum safety standards as established herein. Acceptable discipline consists of respectful verbal reprimands and warnings, and if necessary, orders to leave the pool. f. Personnel will be supervised by Company management personnel. g. Whereas, Company will invest substantial resources to train and convey information concerning operational techniques and management procedures to its employees at Customer's facility and Customer acknowledges that such information and investment is a valuable asset of Company's business, Customer agrees not to hire or consult (without the prior written consent of Company) any employee or former employee of the Company for a period of one year from the date of expiration or cancellation of this agreement. h. Personnel will be responsible for the following duties: ® Lifeguarding main pool (from the lifeguard stands) ® Checking water chemistry and recording readings every two (2) hours ® Maintaining chemical balance of pool water ® Vacuuming pool (daily or as needed) • Cleaning tiles around pool edge (weekly) ® Backwashing filter system ® Cleaning bathhouse daily and throughout each day ® Cleaning swimming pool area 4 • Emptying trash, replacing liners and picking up trash on the pool deck (daily) Straightening deck furniture (daily) ® Replenishing janitorial supplies in bathhouse: ® Enforcing rules of the Customer for safety and convenience of Customer's members ® Assisting Customer in collecting guest fees and monitoring membership ® Maintain mechanical equipment in pump room ® Lock and secure facility upon closing which includes turning, off the bathroom lights ® Report all disciplinary actions and medical incidents to the Customer ® Maintaining chemical logbook,. lifeguard checklist book., emergency action plan book (emergency policies, weather polices, incident report forms, etc) and general logbook. Customer will have access to these logbooks. Compile at the end of each month a monthly overview of operations for that month, which is to be discussed with Customer. The Customer may receive copies of all logbooks on a monthly basis (if so requested). ® Maintain facility according to local health department regulations. 19. WATER QUALITY: Company will be responsible for maintaining the condition of the swimming pool water within the tolerances of the American Public Health Association and the local health department while pool is open to swimmers. ® Free Chlorine 3.0 to 10.0 ppm -� ® pH 7.2 to 7.8 Total Alkalinity 80 to 120 ppm s Calcium Hardness 200 to 300 ppm ® Chlorine Stabilizer less than 100 ppm At no time will the water chemistry cause a failure of permission to operate the pool granted by local health departments. In the event the local health department revokes permission to operate the pool due to poor water chemistry, Customer shall be entitled to a partial refund of the contract price set forth herein computed by the following formula: Number of days (or hours) closed times the average daily portion of the contract price (total price divided by number of days (or hours) pool is to be in operation as determined by this Agreement). If, in the discretion of the Company, it is determined that the water quality is insufficient to properly operate the pool, the Company shall have the right to close the pool for such period of time as shall be necessary to correct the water quality. Any such closing shall entitle Customer to a refund in accordance with the formula stated above. All of the foregoing notwithstanding however, the Company shall be excused from maintaining water quality as established herein and the Customer shall be entitled to no refund in the event of any Act of God, mechanical/electrical equipment failure, repairs, interference by Customer, together with any and all other reasons beyond the control of Company (including fecal and vomit contamination); provided that Company shall make good faith efforts to promptly address such contamination and restore water quality as soon as reasonably possible. Any repair work performed by Company shall be subject to the conditions in the "Repair Work" provision of this Agreement. 20. REPAIR WORK: The Company shall stand ready to perform any repair work needed during the term of this Agreement; however, Customer shall have the option of using another contractor for repair work. Work will be billed as follows: a.. Any repairs and/or parts required as the result of error by Company shall be paid for by Company with no cost to Customer. b. For authorized repair work or necessary equipment (parts) the Company shall bill Customer. For purposes hereof "authorized repair work" shall mean any work which a representative of Customer has consented to, either verbally or in writing. c. Any work or equipment (parts) to be provided by the Company or Company's subcontractors will be provided and billed to Customer. Such work or equipment shall be provided only upon the authorization of the designated representative of Customer, Jim Cregge (name) or Dennis Miller (name), or in the event the Customer elects not to have such work performed or equipment provided, Company may cancel this Agreement if said election interferes with the Company's ability to carry out its responsibilities under this Agreement. d. The Company will arrange for any repair or ordering of parts (as needed) or at the Customer's request. The cost of such materials to be billed to Customer by the Company. Repairs will be billed at the rate of $150.00/hour for labor. 21. CHEMICALS AND SUPPLIES: Company agrees to supply, at its expense: a. All chemicals for safe and clean pool water throughout the summer b. The following janitorial supplies: Soap Sponges & Brushes Disinfectant Mops & Brooms paper towels Toilet Tissue Buckets Trash can liners for the pool area and bathrooms c. Light bulbs for the bathrooms, pump room and lifeguard room. The Customer shall be responsible for the cost of replacing all other light bulbs d. Customer shall be responsible for providing, at no cost to Company, other equipment such as: Water hoses Pool poles Pool vacuum heads & hoses Life hooks & line Ring buoys with line Trash receptacles Pool rules signs & 911 signs First Aid kit Water test kit (specified by company) Test kit reagents Leaf skimmers Algae brush Rescue tube(s) Spine board with straps Cervical Collar Pool brush e. Company agrees to re-supply the following first aid supplies: Band-Aids Hydrogen peroxide Gauze pads/first aid tape Antibacterial cream Bee sting swabs Alcohol X f. Customer shall provide original first aid kit and any other first aid supplies. g. Additional chemicals or labor. If additional chemicals or labor are required to maintain or correct pool water chemistry due to a failure or breakdown of Customer's equipment or loss of water due to a defect in Customer's pool or recirculation system, fecal or vomit contamination, or to correct cases of algae or water staining not related to normal balanced water (mustard algae treatment, algaecide, etc.) Customer agrees to pay as an additional charge, the reasonable expense of all said additional chemicals and/or labor. OFF-SEASON SERVICE: This agreement between DYNAMO POOL MANAGEMENT, INC., (the "Company") and CITY OF MILTON (the "Customer") requires off-season work/service to be performed at the Customer's pool starting April 2019 and then September - March 2020. All work will be completed in a professional manner and in accordance to standard procedures for a spring lock safety cover. The following services will be provided on a bi-monthly basis. Water Quality/Chemicals Free chlorine to be maintained between 0.4-0.8ppm pH to be maintained between 7.2-7.8 Combine chlorine to be less than 1.0ppm Cyanuric acid to be less than 100ppm Total alkalinity to be 80-140ppm Calcium hardness to be maintained at least 200ppm Application of winter algaecide and metal treatment (if necessary) General Maintenance Keep debris off of pool cover Remove debris from pool as needed Maintain water level below skimmers Blow pool deck twice a month Check for vandalism Check pool twice a month and log in on maintenance log service(s) performed Notify the Customer of any additional action that may need taken Equipment Winterize all lines not in use in pool and pump room Clean and lubricate all pumps Winterize filters if not operating Inspect equipment twice a month and notify Customer of any problems or repairs needed 22. COACHES: At the Customer's request, the Company will assist the Customer in locating and hiring swim coach(es). Unless noted otherwise in an attached Supplement to this Agreement, cost of any coaches will be borne by the Customer. 23. EMERGENCY CLOSING OF POOL: The Customer and/or Company may close the pool in an emergency situation, whether the emergency is caused by break-down of equipment, or by other causes outside of the Company's control (including fecal and/or vomit contamination); this shall not require any change or adjustment in any of the provisions of this Agreement. Should a time lapse of more than ten (10) days be necessary to perform repairs and/or restore pool to normal operations, the Company shall refund fifty percent (50%) of the daily operating cost from the tenth day on a pro-rated basis. This cost is to be computed atone percent (1%) of the total contract cost until such time as the pool is reopened for normal operation. If the 6 pool is not reopened for normal operation within thirty (30) days, the Customer may cancel this Agreement by written notice to Company. 24. DROUGHT CLOSING OF POOL: The Customer and/or Company may close the pool in a drought situation, when dictated by governmental orders or decrees (not caused by the acts or omissions of either party). This shall not require any change or adjustment in any of the provisions of this Agreement. Should a time lapse of more than ten (10) days to restore pool to normal operations, the Company shall refund fifty percent (50%) of the daily operating cost from the tenth day on a pro -rated basis. This cost is to be computed at one percent (1%) of the total contract cost until such time as the pool is reopened for normal operation. If the pool is not reopened for normal operation within thirty (30) days; the Customer may cancel this Agreement by written notice to Company. The Customer will be responsible for any additional associated expenses that the Company has incurred prior to and leading up to the actual "closing" of the pool. If the Customer chooses to still maintain the pool after the closing (at a reduced level from normal operation), then the Company will submit a separate agreement for performing this service. 25. INSURANCE/LIABILITY: (i). The Company shall maintain and keep in full force the following coverage: a. Worker's Compensation insurance covering all persons engaged on behalf of the Company in the performance of the terms of this Agreement. b. General liability insurance including punitive damages in the amount of $10,000,000 per occurrence. c. Professional liability insurance on lifeguards in the amount of $1,000,000.00 (included under general liability). Company shall have Customer named or covered by a blanket endorsement as an additional insured to Company's comprehensive general liability policy and have its insurers waive subrogation against Customer. Company agrees to supply copies of the certificates of insurance to the Customer verifying the above-mentioned insurance coverage. It is the responsibility of the Customer to provide the insurance coverage stated below. Company shall only be liable hereunder for damage to property or injury to persons to the extent any such damage or injury arises from the negligence or intentional misconduct of Company or any of its employees and Company shall not be liable for all or part of such damage to property or injury to persons to the extent arising from the negligence or intentional misconduct of the Customer. Furthermore, the Company shall not be liable or responsible for any injuries or damages that arise at any time that are not within the hours of operation, or extended hours, in which the Company does not have lifeguards working as stated in this Agreement except to the extent that such injuries or damages may be caused by the negligence of the Company .� or breach of this agreement, such as by the Company's neglect or failure to maintain water quality during the hours established or in the manner required by the agreement. The foregoing paragraph shall be deemed a release by the Customer as opposed to an agreement by the Customer to indemnify. (ii). The Customer shall maintain and keep in full force and effect the following coverage: a. Premises liability insurance; b. Comprehensive general liability insurance in the amount of $1,000,000 each occurrence. Upon Company's request, Customer shall provide Company with proof of insurance in the form of Certificates of Insurance verifying the above mentioned insurance coverage prior to the facility opening. 26. CANCELLATION: The Customer shall have the right to cancel this Agreement based on Company's non-performance as detailed in this Agreement. Company shall have five (5) days following a receipt of notification to remedy stated violation of contract; provided that repeated violations shall be grounds for termination without further opportunity to remedy. 1. Customer shall notify Company by certified mail of any problem regarding performance as detailed in this Agreement. Company shall have five (5) days following notification to remedy stated violation of contract. 2. If Company fails to remedy violation and continues to not perform as detailed in this Agreement, Customer may terminate Agreement by providing five (5) days written notice to Company by certified mail. 3. In the event that Customer terminates contract by procedures stated above, the Customer shall be entitled to a refund for money paid in advance. Refund to be computed as follows: A daily portion of the contract price shall be computed by dividing the total contract price by the number of days pool was to be open to members as determined by this Agreement. This daily price shall be multiplied by the number of days pool was operated under this Agreement. That amount shall be subtracted from the total amount of contract price paid to Company by Customer as of termination date. The resulting figure shall be the refund to which the Customer is entitled. 4.. Refund shall be paid within fourteen (14) days after termination. 27. MISCELLANEOUS: Customer agrees to allow Company to display a sign on the pool premises designating the responsibility to the Company for the quality of the pool and the performance of the pool staff. 7 With a copy to: Jim.Cregge cDcityofmiltonga.us Company: DYNAMO POOL MANAGEMENT, INC. 3119 Shallowford Road Chamblee, GA 30341 32. GOVERNING LAW: This Agreement shall be governed by the laws of the State of Georgia. 33. STRICT COMPLIANCE: No failure of either party to exercise any power or right granted hereunder, or to insist upon strict compliance by the other party with its obligations and duty hereunder shall constitute a waiver of a party's right to demand strict compliance with the provisions hereof at any time. 34. TIME OF ESSENCE: Time is of the essence of this Agreement. 35. ENTIRE AGREEMENT, MODIFICATION, & BINDING EFFECT: This Agreement constitutes the entire agreement of the parties and supersedes any prior agreements, understandings or negotiations, written or oral. This Agreement may not be modified or amended except in writing, signed by both parties hereto. This Agreement shall be binding upon and endure to the benefit of the Customer and Company and to their respective heirs, successors and assigns. 36. RIGHTS CUMULATIVE: All rights and powers under this Agreement shall be cumulative and, except as otherwise provided herein, shall be in addition to any and all other provided at law or in equity. 37. EXTENSIONS: Unless otherwise agreed to by Customer and Company in writing, the terms of this Agreement shall apply to all extensions and renewals hereof. 38. SEVERABILITY: If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each - term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 39. COMPANY'S OPTION IN THE EVENT OF INCREASE IN INSURANCE PREMIUMS: The parties agree as a result of the uncertain status within the liability insurance industry, should Company's insurance premiums increase unreasonably, Company may present a new Contract amount to Customer on or before January 1 of the current contract year, which new _ Contract shall supersede and replace this Agreement. Customer shall have 30 days from the date of receipt of the new contract in which to accept or reject the new contract. In the event Customer elects to reject the new contract, this contract shall be terminated at the sole option of the company. 40. RESERVED. 41. ACCEPTANCE: Acceptance of this Agreement by Customer through signatures below, and return of this Agreement along with any payments due hereunder, will constitute a contract entered into in accordance with the specifications, terms and conditions and addenda attached hereto. 42. ETHICS: Ethics Code; Conflict of Interest. Company 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. Company certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Company become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Company shall immediately notify Customer. If Customer determines that a conflict of interest exists, Customer may require that Company take action to remedy the conflict of interest or terminate the Agreement without liability. Customer shall have the right to recover any fees paid for services rendered by Company when such services were performed while a conflict of interest existed if Company had knowledge of the conflict of interest and did not notify Customer within five (5) business days of becoming aware of the existence of the conflict of interest. Company and Customer acknowledge that it is prohibited for any person to offer, give, or agree to give any Customer employee or official, or for any Customer 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. Company and Customer further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Company or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. 43. SOVEREIGN IMMUNITY: Sovereign Immunity; Ratification. Nothing contained in this Agreement shall be construed to be a waiver of Customer's sovereign immunity or any individual's qualified, good faith or official immunities. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of Customer. 44. COMPLIANCE WITH LAW: The Company covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Company by any and all national, state, regional, county; or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this agreement. Further, Company agrees that it will perform all services in accordance with the standard of care and quality ordinary in the industry and in compliance with all applicable federal, state, and local laws, including, but not limited to, any applicable records retention requirements, the Georgia's Open Records Act (O.C.G.A. § 50-18-71, et seq.) and the requirements set forth in O.C.G.A. § 19-7-5, relating to the reporting of child abuse. 45. TERMINATION AND AUTOMATIC RENEWAL: Notwithstanding anything to the contrary in any other provision herein, this agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of City on December 31 of each year during the term of the agreement, and this agreement shall automatically renew on January 1, 2020 (for a term to expire March 31, 2020), absent Customer's provision of written notice of non -renewal to Company at least five (5) days prior to December 31, 2019. Title to any supplies, materials, equipment, or other personal property shall remain in Company until fully paid for by Customer. 46. INDEPENDENT CONTRACTOR: Company 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 Customer. Nothing in this Agreement shall be construed to make Company or any of its employees, servants, or subcontractors, an employee, servant or agent of Customer for any purpose. Company agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of consultants, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Company 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 Customer by virtue of this Agreement with Company. Any provisions of this Agreement that may appear to give Customer the right to direct Company as to the details of the services to be performed by Company or to exercise a measure of control over such services will be deemed to mean that Company shall follow the directions of Customer with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and Customer may hire additional entities to perform the Work related to this Agreement. 47. AUTHORITY TO CONTRACT: Authority to Contract. The individuals executing this Agreement each covenant and declare that he/she has obtained all necessary approvals of the necessary board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Company and Customer to the terms of this Agreement. 48. NONDISCRIMINATION: 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, Company agrees that, during performance of this Agreement, Company, 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, Company 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. 49, E -VERIFY: Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, Customer shall not enter into a contract for the physical performance of services unless: (1) Company shall provide evidence on Customer -provided forms, attached hereto as Exhibits "B" and "C" (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 Company's subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10- 91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Company provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing; or (3) In accordance with O.C.G.A. § 13-10-91(b)(5), if Company currently has no employees and does not intend to hire any employees for purposes of satisfying or completing the terms and conditions of this Agreement, Company shall provide a copy of Company's state issued driver's license or state issued identification card in lieu of providing an E -Verify affidavit. Company hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit; the form of which is provided in Exhibit "B", and submitted such affidavit to Customer, or provided Customer with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above, or provided Customer with the appropriate state issued identification as noted in sub -subsection (3) above. Further; Company 10 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 Company employs or contracts with any subcontractor(s) in connection with the covered contract, Company 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 "C", which subcontractor affidavit shall become part of the Company/subcontractor agreement;, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub -subsection (2) above; or, in the case of a sole proprietor subcontractor, a copy of subcontractor's state issued driver's license or state issued identification card as noted in sub -subsection (3) above. If a subcontractor affidavit is obtained, Company agrees to provide a completed copy of the above -required materials to Customer within five (5) business days of receipt from any subcontractor. Where Company 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 Company's and Company's subcontractors' verification process at any time to determine that the verification was correct and complete. Company and Company'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 Company 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 Customer contractor or subcontractors employ unauthorized aliens on Customer contracts. By entering into a contract with Customer, Company and Company's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Company or Company'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. — Company's failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Company shall be liable for all damages and delays occasioned by Customer thereby. Company agrees that the employee -number category designated below is applicable to Company. [DESIGNATE/MARK APPROPRIATE CATEGORY] X 500 or more employees. 100 or more employees. Fewer than 100 employees. Company hereby agrees that, in the event Company 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, Company 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. [SIGNATURES ON FOLLOWING PAGE] mace/Comr YI/ DYNAMO POOL MANAGEMENT, INC. CEO 3/13/2019 CITY OF MILTON BY:Joe Lockwood, Mayor ATTEST: Sudie Gordon, City Clerk APPROVED AS TO FORM: Ken Jarrard, City Attorney [CITY SEAL] -MILTO ESTABLISHED 3.6136 r One (1) original and two (2) copies shall be submitted in a separate sealed envelope before the required deadline. The offeror's cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5. The undersigned bidder, having familiarized themselves with the work required by the RFP, the bid documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by bidder for the total contract price of: Total Price Print Total Price in Words 0 Print/Type Company Name Here: (?OO Iv y Authorized Signature ��� Date's Print/Type Name �A� � E Cf `(�— P int/Type Title Cifr 28. PAYMENTS: The Company hereby proposes to perform the work and services set forth above for the price of $ 33,000 per swim year, upon specifications, conditions and terms as set forth herein, Payments by Customer to Company shall be made in accordance with the following schedule: Five (5%) percent upon execution of this Agreement or the annual renewal date of this Agreement, in the event of renewal due April 15 $ 1,570 Summer Payment Schedule: Ten (10%0) percent on or before May 1 of each year $ 3,140 Twenty-five (25%) percent on or before June 1 of each year $ 7,850 Twenty-five (25%) percent on or before July 1 of each year $ 7,850 Twenty-five (25%) percent on or before August 1 of each year $ 7,850 Ten (10%) percent on or before September 1 of each year 3,140 $ 29,830 Winter Payment Schedule: Eight (8) monthly payments of $200, due the first of each month $ 1,600 (April and September — December 2019 and Jan -Mar 2020) TOTAL: $ 33,000 Payments are due as indicated above. Any and all payments, including but not limited to payments as specified above, payments for repairs, equipment or labor, not made on or before thirty (30) days after the due date shall be subject to a delinquent payment of 10% of the amount due or any portion thereof. In the event payments are not received within 30 days from the due date, the Company shall have the right, at its option, and within its sole discretion; to terminate its services under this Agreement and to withdraw and remove all personnel from Customer's pool facilities without any further or additional notice to Customer. Any such termination notwithstanding, Customer shall be fully responsible for all payment obligations accrued as of the date of termination. Emergency Budgeted Amounts: To the extent that this agreement permits Company to incur additional costs on behalf of the Customer (e.g., pre -season algae clean-up; vandalism clean-up; repair work; fecal matter/vomit remediation; etc.), Company shall not incursuch any one-time cost exceeding $200 without first notifying Customer of the expected cost, and receiving approval in writing from Customer to incur the cost. With authorization from Company's contact person, Company is authorized to charge Customer a cumulative amount of up to $1000.00 in additional costs for repairs and clean-up during the term of this Agreement. The parties shall execute a written amendment to this agreement before Company exceeds this amount. Discount for Staff Reductions: Customer shall receive an invoice credit for the worker hours saved due to temporary staffing reductions as provided in Section 8, based on the following hourly rates: trained, certified lifeguards: $17 29. CUSTOMER CONTACT PERSON: Please direct Company written and verbal communications to the following Customer representative: NAME: City Manager STREET: 2006 Heritage Walk CITY: Milton STATE: GA ZIP: 30004 TELEPHONE: (678) 242-2489 EMAIL: jim.cregge @cityofmiltonga.us EMERGENCY NUMBER: #1 #2 30. COMPANY CONTACT PERSON: Please direct Customer written and verbal communications to the following Company representative: NAME: MIKE COTTER TELEPHONE: 770-458-9422 ext. 11 EMERGENCY NUMBER: cell: 404-483-7418 31. NOTICE: Any written notice required or allowed by this Agreement to either Company or Customer shall be deemed delivered on the third (3rd) calendar day from the date of mailing (whether or not received) when mailed by certified or registered mail postage prepaid and deposited in the United States mail properly addressed to the parties as follows: or at such other address as may be designated in writing by the party to be notified: Customer: City Manager CITY OF MILTON, Georgia 2006 Heritage Walk Milton, GA 30004 8 �& DYNAMO POOL MANAGEMENT, INC. 11111111111111111W PROPOSAL 3119 Shallowford Rd. Chamblee, GA 30341 (770) 458-9422 CONTACT: Mike Cotter 404-483-7418/mikedvnamo(cDearthlink.net Date: April 8, 2019 Customer: City of Milton DESCRIPTION Zero Entry Pool For: Zero Entry Pool Plaster -Plaster with white plaster pool finish (zero entry area will be Krystal Krete) Prepare interior of pool for plaster Remove all plaster from return fittings, vacuum fittings, main drains, light niche and anchors Provide new main drain grates Saw cut beneath water line the and remove plaster Remove all hollow areas in existing plaster Bond coat interior of pools Replace tile on step tread if applicable Plaster with mixture to a thickness of/" -3/4" Start fill -Replace water line tile and floor tile band Remove existing tile Prepare tile area for new tile Install tile and grout Total: $8,700 AMOUNT Warranty: Manufacturer's warranty on equipment and 1 -year warranty on labor provided. -Weather: Any day that there is a greater than 30% chance of rain per WSB, will not be counted towards the project completion timeframe. Dynamo Pool Management, Inc. is not responsible for electrical, waterlines, pool plumbing lines or any underground utilities, which may be encountered during renovation, including damage to electrical conduit, I boxes, light fixtures (associated with the pool lights, clubhouse or other areas), skimmers that may come up with the deck demo. Price is based on existing deck not having rebar in the deck (if so, there will be additional charges). Dynamo Pool Management, Inc. will not guarantee or warranty that there will not be any settling resulting in possible cracks in the pool deck work (excluding cracks resulting from Dynamo not following industry standards and procedures during the concrete pour). Dynamo Pool Management, Inc. will not be responsible for any damage to existing landscape in areas that we will have equipment operating. Customer is responsible for any damage which may be caused due to hydrostatic lifting of the pool(s) during the project. Owner shall furnish electrical and water needed for the renovation of the pool area. Owner is responsible for all costs associated with draining and filling of the pool, including water and sewer charges. The customer will be responsible for the cost of repairs if any void areas are found under the existing deck during demo. Up to 10% of the total pool square footage of delamination removal is covered in this proposal; anything over 10% will be billed per square foot. If there are multiple layers of plaster or tile on the pools, additional work may be required at an additional cost. Dynamo will provide a dumpster on the job site. Any work needed above the stated contract will only be executed with written agreement between Dynamo Pool Management, Inc. and the owner. All estimates include labor and materials complete in accordance with the above specifications. Work towards completion of the job will begin upon customer approval through signing off on job and its cost. Payment terms; 50% capon singing, 400/o upon when starting plaster and 10% Capon completion (tai be paid within 7 days of Job completion). Payments are due as indicated above. Any and all payments not made on or before the due date shall be subject to a delinquent payment of 10% of the amount due or any portion thereof. In the event that Company elects to pursue collection of any amounts due under this Agreement, Customer shall pay all said amounts, together with Interest at the rate of 12% per annum from the date the same became due, together with any and all cost of collection, including and together with any and all reasonable litigation expense, including reasonable attorneys' fees. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above_ specification involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. This proposal is subject to acceptance within 15 days of company signature and is void thereafter at the option of Dynamo Pool Management, Inc. M&kee Cider CEO 04/08/19 DYNAMO POOL MANAGEMENT, INC. Title Date Acceptance of Proposal; The above prices specification and conditions are hereby accepted. Dynamo Pool Management, Inc. is authorized to do work as specified. Payment will be made as outlined above. Customer Signature Customer Signature (if applicable) Title Title I / Date Date No Text 6 ( RFP 19-PRO3 MUTONlt ESTABLISHED 20{X> MUST BE RETURNED WITH PROPOSAL CONTRACTOR AFFIDAVIT AND AGREEMENT ~ STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use - and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by _ O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Iry G 2�:' eVerify Number I12q-fIZ Date of Authorization Name of Contractor Milton Parks & Recreation Pool Service Provider 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 D SWORN ORE ME ON THIS THE DAY OFA ,201 WWI NOTARY PUBLIC `��' LESESN '..1SSI041* �• [NOTARY SEAL]T '�• \,o Ai <- m • rn My Commission Expires: � AZ/BL%G ; Q NF p2O�` ' 'JUNT`(, EXHIBIT "B" STATE OF COUNTY OF -� CONTRACTOR AFFIDAVIT AND AGREEMENT ~ By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use ~ and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. .� § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical ~ performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: I hereby declare under penalty of perjury that the C ( OZ% foregoing is true and correct. -` Federal Work Authorization User Identification Number Executed on , 20 in (city), (state). Date of Authorization Signature of Authorized Officer or Agent Dynamo Pool Management, Inc. Name of Contractor Printed Name and Title of Authorized Officer or City of Milton Parks & Rec Pool Service Provider Agent Name of Project City of Milton, Georgia Name of Public Employer SUBSCRIBED ANDAWORN BEFORE ME ON THIS THE I S DAY OF v �I ham- 20 NOTARY PUBLIC ``1111111���� I 41 [NOTARY SEAL]`�'�Q Go�ss,�y�'L�/��' .� C10Tq� �',rZ My Commission Expires: = m : �•.., ` M. O EXHIBIT "C" STATE OF COUNTY OF SUBCONTRACTOR AFFIDAVIT ~ By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Dynamo Pool Management, Inc. (name of contractor) ~ on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the -� physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned .� subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of ~ authorization are as follows: I hereby declare under penalty of perjury that the foregoing is true and correct. Federal Work Authorization User Identification Number Executed on , 20 I i � z ccin i (state). �� (city), ~ Date of Authorization Signature of Authorized Officer or Agent Name of Subcontractor Printed Name and Title of Authorized Officer or City of Milton Parks & Rec Pool Service Provider Agent Name of Project SUBSCRIBED AND SWORN BEFORE ME City of Milton, Georgia OXTHIS THE / 33DAY OF Name of Public Employer / fJ Gvi2�fi , -� NOTARY PUBLIC % �EgFs ee [NOTAR ti0.1 ] �"4'9,e ern p ysmt My Commission Expir&s < :'�ti r Q rj-zivr�-L v`� ��' c Q •� P4& DYNAMO POOL MANAGEMENT, INC. wdlib/ 3119 Shallowford Road, Atlanta, GA 30341 p.770.458.9422 f.770.818.5847 Information about our Satellite Swim Program Dynamo is able to offer Dynamo Swim School Swim Lessons at your Pool this Summer 2019 You don't have to come to us this summer- we will come to you! We will bring our team of certified Dynamo Swim School instructors to your pool to teach swim classes for all ages. You choose from the following schedule which classes you think would be the most accommodating for your pool members: Toddler (6 to 36 months- with guardian in the pool), Preschool (3 to 5 years old) or Grade school (6 to 14 years old). We can offer two of the same classes if that fits your needs or can discuss class structure for your site that would work with your members needs. We are offering multiple two-week sessions throughout the summer for you to choose from. Select one, two or three sessions for your pool. We think two consecutive sessions is best for the children that want to take more than one session, but it's up to you. These session dates are approximate for the 2019 swim lesson season. Session I: June 3 — June 14 Session II: June 17 — June 28 Session III: July 8 — July 19 These are examples of past schedules and can further expand these offerings upon further discussions as to what your pool is looking for with swim lessons and make it work. The classes are 30 minutes each with a 5 -minute break between for the instructors to get ready for the next class. You pick one of the five time slots that are best for your pool. We will try our best to accommodate your first _ selection but we ask that you rank your preferences 1 through 5, 1 being your most preferred. 9:00 — 9:30 and 9:35 —10:05 10:35 —11:05 and 11:10 —11:40 12:30 —1:00 and 1:05 —1:35 2:05 — 2:35 and 2:40-3:10 3:40-4:10 and 4:15-4:45 You do not need to close your pool during the lessons. We won't take up the entire pool. We normally use steps or a wall in the shallow end for smaller children and a wall in the deeper end for the older more advanced students. Why choose Dynamo Swim School lessons over lifeguard taught lessons? We teach with the most effective method known, using a progression developed by the nation's top swim coaches. Our goal is to teach your child to be safe in the water and to swim correctly on top of the water as quickly as possible. Our instructors are all Dynamo Swim School certified and the Team Leader is also CPR and First Aid certified. Your lifeguard might be certified in safety and be able to swim but what kind of training or certification do they have to teach children to swim. It requires more than just being able to swim yourself to teach the child proper technique and safety in the water. Why should my child take swim lessons? To save their life! The Preschool classes will teach your child what to do if they fall in the water. We will also teach them proper air exchange, floating, and proper position to begin swimming on top of the water and help them to be comfortable in the water. The program has ten progressive levels to teach your preschooler to swim. The Grade school children will learn the proper stroke techniques to swim on top of the water. Swimming underwater will not save their life and they will tire quickly. We again offer ten progressive levels in the Grade school program that will teach your children all 4 competitive strokes. F�* DYNAMO POOL MANAGEMENT, INC. WN611111101 3119 Shallowford Road, Atlanta, GA 30341 p.770.458.9422 f.770.818.5847 How long will it take my child to learn -to -swim? That depends on your child's age and level of fitness and coordination. It might take 16 or more lessons for a preschooler to learn the basic skills of floating, kicking, returning to the wall and rolling over on their back to breathe, float, rest and call for help. Older children will learn more quickly and may learn 2 or more strokes in the same amount of lessons. If the child has a fear of the water, learning to be comfortable and accomplish the safety skills in 2 sessions may be a tremendous accomplishment. What is your teacher to student ratio? We try to keep this as low as possible. We will try to have a 1:4 ratio with a maximum of 1:5; it could be less depending on the size of the class and the number of students working on the same or similar levels. The students are divided in to Preschool and Grade school classes and within the class we will have 3 or 4 different groups of students with instructors working on the skills appropriate for _ your child. The maximum in a half-hour class will be 15 students with 3 instructors and a Team leader. What is the Toddler class? The toddler class often referred to, as the Mom/Tot class is a water adaptation class for baby. We will teach the adult proper techniques to hold baby in the water and make them feel comfortable in the water. This class will prepare them for the Preschool lessons. How long are the sessions? Each session is 8 days. We will hold the classes Monday, Tuesday, Wednesday & Thursday for two consecutive weeks. How much do the lessons cost? Preschool and Grade school lessons are $140.00 per session. The Toddler class is $125.00 per session. - Will there be any make-up lessons? We will make up to 2 lessons due to weather, one per week of the session. These will be made up on Friday of the week the cancellation occurs. We will not make-up lessons for pools closing for other reasons, i.e. — fecal contamination. If you miss a scheduled lesson there is no make-up provided unless it is a prolonged illness with a doctor's note. There are no refunds for the lessons. Does this program cost the pool anything? No. The registrants will pay Dynamo for the lessons. Does your pool need any extra insurance to cover the lessons? No. Dynamo carries the insurance necessary and can provide you with copies if you request or need them. We will have a release for the parents to sign when they register for the lessons. Are there any requirements for the lessons? We need a minimum of 16 students per session. We will work with you on the numbers. For example: It's okay if you have 12 Preschoolers and 4 Grade school students. We will make one half-hour class Preschool and one half-hour class Preschool/Grade School. The students will be split accordingly and the instructors will teach appropriate levels. How and when do my neighbors register for the lessons? We will work with you to pick a day and time to come out to your pool to hold a registration. We will provide signage, flyers and articles for your newsletter regarding registration and program details. You should plan on some time between March and May to hold the registration. We want Dynamo at our pool this summer, what do we do next? Have your pool contact call Sean Penn at 770.458.9422. We will work out all the details. CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: 19-PR03 RFP Title: Milton Parks & Recreation Pool Service Provider Due Date and Time: March 14, 2019 Local Time: 2:00 pm EST Number of Pages: 50 ISSUING DEPARTMENT INFORMATION Issue Date: February 21, 2019 City of Milton Parks and Recreation 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Website: www.cityofmiltonga.us INSTRUCTIONS TO OFFERORS Return Proposal to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Mark Face of Envelope/Package: RFP Number: 19-PR03 Name of Company or Firm Special Instructions: Deadline for Written Questions March 4, 2019 at 5:00 p.m. Email questions to Honor Motes at honor.motes@cityofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS OFFERORS MUST COMPLETE THE FOLLOWING Offeror Name/Address: Authorized Offeror Signatory: (Please print name and sign in ink) Offeror Phone Number: Offeror FAX Number: Offeror Federal I.D. Number: Offeror E-mail Address: OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE Table of Contents Topic Page 2 | RFP 19-PR03 TABLE OF CONTENTS Offeror’s RFP Checklist Disclosure Form Proposal Letter Schedule of Events Section 1: Project Overview and Instructions Section 2: RFP Standard Information Section 3: Scope of Project Section 4: Offeror Qualifications Section 5: Cost Proposal Section 6: Evaluation Criteria Section 7: Standard Contract Information Standard Contract 3 | RFP 19-PR03 OFFEROR’S RFP CHECKLIST The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton 1._______Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2._______Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have. 3._______Attend the pre-qualifications conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. 4._______Take advantage of the “question and answer” period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal “addenda” issued for the RFP. All addenda issued for an RFP are posted on the City’s website at http://www.cityofmiltonga.us will include all questions asked and answered concerning the RFP. 5._______Follow the format required in the RFP when preparing your response. Provide point-by- point responses to all sections in a clear and concise manner. 6._______ Provide complete answers/descriptions. Read and answer all questions and requirements. Don’t assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The submittals are evaluated based solely on the information and materials provided in your response. 7._______Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. 8. _______Check the website for RFP addenda. Before submitting your response, check the City website at http://www.cityofmiltonga.us to see whether any addenda were issued for the RFP. If so, you must submit a signed cover sheet for each addendum issued along with your RFP response. 9. _______Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 10. _______Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document and be sure to submit all required items on time. Late submittal responses are never accepted. This checklist is provided for assistance only and should not be submitted with Offeror response. 4 | RFP 19-PR03 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Offeror __________________________________________________ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) ________________________________________________________________ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description ________________ ___________________________________________ ________________ ___________________________________________ ________________ ___________________________________________ Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: ________________ ___________________________________________ _________________ ___________________________________________ 5 | RFP 19-PR03 MUST BE RETURNED WITH PROPOSAL RFP 19-PR03 PROPOSAL LETTER We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP) 19-PR03, Milton Parks & Recreation Pool Service Provider. It is understood and agreed that we have read the City’s specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature ___________________________________ Date _________________________ Print/Type Name ______________________________________________________________________ Print/Type Company Name ____________________________________________________________ 6 | RFP 19-PR03 MUST BE RETURNED WITH PROPOSAL CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13 - 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the ap plicable 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 Milton Parks & Recreation Pool Service Provider 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: _________________________________ 7 | RFP 19-PR03 SCHEDULE OF EVENTS Task Date Issue RFP February 21, 2019 Deadline for Questions March 4, 2019 Answers Posted by the City (Addendum) On or about, March 7, 2019 Proposals Due By March 14, 2019 at 2:00 p.m. EST Award Contract April 8, 2019 (proposed) NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. 8 | RFP 19-PR03 SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT Milton, Georgia is a growing community located north of Atlanta with a population of approximately 38,000. The City of Milton has acquired the facilities and assets of the former Milton Country Club at 1785 Dinsmore Road, Milton, GA 30004. Included with those facilities are two pools. The first pool has six lanes and is 25 yards long and measures 42’ x 75’. There is a capacity of 108,000 gallons. The pool ranges in depth from 3’6” to 5’. The pool area is 3,368 square feet. The second pool is a children’s wading pool with a large mushroom sprinkler in the middle. The City desires to operate the pool(s) for an established swim team and as a community amenity. Operational hours and staffing requirements are detailed in this document. Our expectations include but are not limited to: Opening of the pool, daily maintenance of the pool, daily maintenance of the restroom facilities and closing of the pool at the end of the season. There are two restrooms, with two units and a sink in each room. During the period of time that the pool is open, the pool management is to provide all chemicals and supplies to perform all scopes of work and to make sure that the pool water is maintained to the standards of the Fulton County Health Department. In addition, we are looking for the pool maintenance company to provide all staffing of the pool, including but not limited to providing certified, trained life guards and appropriate supervision of the staff. All Offerors must comply with all general and special requirements of the RFP information and instructions enclosed herein. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposals (RFP) is issued until a n Offeror is selected, Offerors are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes. Any unauthorized contact can disqualify the Offeror from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes 9 | RFP 19-PR03 Address: 2006 Heritage Walk, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@cityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFP. Offerors should carefully review the instructions; mandatory requirements, specifications, and contract terms and conditions, set out in this RFP and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. B. Form of Questions. Offerors with questions or requiring clarification or interpretation of any section within this RFP must submit their questions in writing via email to the procurement office referenced above on or before 5 PM (EST) on March 4, 2019. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. C. City’s Answers. The City will provide an official written answer to all questions on or about March 7, 2019. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City. Any formal written addendum will be posted alongside the posting of the RFP at http://www.cityofmiltonga.us. Offerors must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, Offeror agrees to acceptance of the contract terms and conditions set forth in the RFP. Requests for exceptions to the contract terms, or any added provisions must be submitted to the procurement office referenced above by the date for receipt of written/e-mailed questions or with the Offeror’s RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the Offeror’s ability to respond to the RFP or perform the contract. The City reserves the right to address non-material, minor, insubstantial requests for exceptions with the highest scoring Offeror during contract negotiation. Any material, substantive, important exceptions requested and granted to the terms and conditions will be addressed in any formal written addendum issued for this RFP and will apply to all Offerors submitting a response to this RFP. 10 | RFP 19-PR03 E. Mandatory Requirements. To be eligible for consideration, an Offeror must meet the intent of all mandatory requirements. The City will determine whether an Offeror’s RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 NO COLLUSION The Offeror is advised 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 Offeror is further advised that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor, or any person associated therewith, as an inducement for the award of a subcontract or order. 1.4 SUBMITTING PROPOSALS Offerors must organize their proposals into sections that follow the following format. A. Submittal Requirements. Proposals shall include the following: 1. City of Milton request for proposal cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. City of Milton Proposal letter (information entered) 4. Technical Proposal: Each Technical Proposal Shall be: a. No more than twelve (12) single sided pages (six pages if double sided) 1. Cover page(s), table of contents, tabs, and required forms do not count toward the page limit b. Minimum of 11-point font 11 | RFP 19-PR03 c. Stapled or spiral-bound. No binders Each Technical Proposal Shall Contain: a. Project Team (2 pages) – include project staffing, qualifications of the project team, and what sets the team apart b. Work Processes (2 pages) – describe job scheduling, work challenges, customer service and communication, and any innovative approaches or techniques c. Related Projects and References (2 pages) 1. Describe at least 3 similar projects with references d. Pricing (See Section 5) 5. Applicable Addenda Acknowledgement Forms (if necessary) Offerors must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0. B. Failure to Comply with Instructions. Offerors failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any qualifications that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Proposals. One original and three (3) copies of each submittal (plus a CD or Flash Drive) should be provided to the City. Proposals must be received at the Finance Department in City Hall prior to 2:00 pm, local time, March 14, 2019. Emailed responses to requests for proposals are not acceptable. Proposals will be opened at approximately 2:05 p.m. and names of Offerors will be announced. *Important to remember when submitting digital files: 1. Mark all CD’s or Flash Drives with Offeror’s name and RFP number and title. 2. All digital files must be in either (unless otherwise specified within this document): a. Microsoft Office file format or b. Portable Document Format (PDF). 3. Use caution in creating the electronic files. If the Cities are unable to open files due to data-corruption, password or encryption error, etc., the Offeror’s proposal may be considered incomplete. 12 | RFP 19-PR03 4. NOTE: All digital copies must include exactly the same information as provided in the hard copy “Original”. D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the Offeror’s sole risk to assure delivery to the receptionist's desk at the designated office by the designated time. Late proposals will not be opened and may be returned to the Offeror at the expense of the Offeror or destroyed if requested. 1.5 OFEROR'S CERTIFICATION A. Understanding of Specifications and Requirements. By submitting a response to this RFP, Offeror agrees to an understanding of and compliance with the specifications and requirements described in this RFP. B. Offer in Effect for 120 Days. A proposal may not be modified, withdrawn or canceled by the offeror for a 120-day period following the deadline for proposal submission as defined in the Schedule of Events, or receipt of best and final offer, if required, and offeror so agrees in submitting the proposal. The City of Milton may, in the event the selected proposer fails to perform, and/or the contract is terminated within 120 days of its initiation, request the proposer submitting the next acceptable proposal to honor its proposal. 1.6 COST OF PREPARING PROPOSALS A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the Offeror. The City is not liable for any expense incurred by the Offeror in the preparation and presentation of their proposals. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of 13 | RFP 19-PR03 the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and Offeror resulting from this RFP process. SECTION 2: RFP STANDARD INFORMATION 2.0 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 2.1 OFFEROR COMPETITION The City encourages free and open competition among Offerors. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City’s need to procure technically sound, cost-effective services and supplies. 2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of qualifications has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, un less prior written consent has been given by the Offeror; and (4) other constitutional protections. (Please note: If a formal Georgia Open Records Act request is made for proposal information, the City will comply with the requirements of the Open Records Act and may release any documents disclosable under that Act even if those documents would not necessarily be offered for public viewing and copying as stated above.) B. Procurement Officer Review of Proposals. Upon opening the submittals received in response to this RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the 14 | RFP 19-PR03 rest of the submittal. 2. An affidavit from an Offeror’s legal counsel attesting to and explaining the validity of the trade secret claim is attached to each submittal containing trade secrets. Please contact Honor Motes for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Offerors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a “right to know” (open records) request from another party. 2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Responsive or Nonresponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the qualification is not within the specifications described and required in the RFP. If a qualification is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if an Offeror has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring Offeror or, if necessary, to seek discussion/negotiation in order to determine the highest scoring Offeror. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Proposals. Selection and award will be based on the Offeror’s proposals and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or 15 | RFP 19-PR03 libraries, unless specifically requested. Information or materials presented by Offerors outside the formal response or subsequent discussion/negotiation, if requested, will not be considered, will have no bearing on any award, and may result in the Offeror being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more Offerors should clarification or negotiation be necessary. Offerors may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, Offerors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the Offeror’s expense. F. Best and Final Offer. The “Best and Final Offer” is an option available to the City under the RFP process which permits the City to request a “best and final offer” from one or more offerors if additional information is required to make a final decision. Offerors may be contacted asking that they submit their “best and final offer,” which must include any and all discussed and/or negotiated changes. The City reserves the right to request a “best and final offer” for this RFP, if any, based on price/cost alone. G. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. H. Request for Documents Notice. Upon concurrence with the evaluation committee’s recommendation for contract award, the procurement officer may issue a “Request for Documents Notice” to the highest scoring Offeror to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the “Request for Documents Notice” does not constitute a contract and no work may begin until a contract signed by all parties is in place. I. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible Offeror whose submittal achieves the highest score and is, therefore, the 16 | RFP 19-PR03 most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring Offeror fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring Offeror. J. Contract Award. Contract award, if any, will be made to the highest scoring Offeror who provides all required documents and successfully completes contract negotiation. 17 | RFP 19-PR03 2.4 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: 1. Modify, cancel or terminate this RFP, 2. Reject any or all proposals received in response to this RFP, 3. Select an Offeror without holding interviews, 4. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any submittal, 5. To request further documentation or information, and to discuss a RFP submittal for any purpose in order to answer questions or to provide clarification, 6. Not award if it is in the best interest of the City not to proceed with contract execution; or 7. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. SECTION 3: SCOPE OF PROJECT - MANDATORY REQUIREMENTS 3.1 GENERAL The City of Milton has acquired the facilities and assets of the former Milton Country Club at 1785 Dinsmore Road, Milton, GA 30004. Included with those facilities are two pools. The first pool has six lanes and is 25 yards long and measures 42’ x 75’. There is a capacity of 108,000 gallons. The pool ranges in depth from 3’6” to 5’. The pool area is 3,368 square feet. The second pool is a children’s wading pool with a large mushroom sprinkler in the middle. Our expectations include but are not limited to: Opening of the pool, daily maintenance of the pool, daily maintenance of the restroom facilities, and closing of the pool at the end of the season. There are two restrooms, with two units and a sink in each room. During the period of time that the pool is open, the pool management is to provide all chemicals and supplies to perform all scopes of work, and to make sure that the pool water is maintained to the standards of the Fulton County Health Department. 18 | RFP 19-PR03 Lifeguard services are required for the expected operational hours for the pool which are as follows: Dates of Operation: May 13, 2019 – Pool will be swim ready. With the City’s permission, swim teams will start practicing on this date, but the pool will not be open to the general public. May 25, 2019 – Pool will open to the general public for the season September 3, 2019 – Pool will close for the season Hours of Operation: The pool will be open during the following hours: May 25 - August 4 Daily 11 am – 8 pm (2 lifeguards on duty) August 5 – September 2 Monday – Friday 4 pm – 8 pm (2 lifeguards on duty) Saturday & Sunday 11 am – 8 pm (2 lifeguards on duty) Monday, Sept. 2nd 11 am – 8 pm (2 lifeguards on duty) The selected firm will furnish, as a minimum, the following services: • All services required to open the pool in May, operate the pool through the summer, close the pool in September, and maintain the pool through the winter. • Lifeguard services. • Maintenance, cleaning, chemical management, and repair services. • Introduction to swimming lessons. • Bathroom cleaning. 3.2 PROPOSAL REQUIREMENTS • Completed Recreation Program Proposal. One original and three (3) copies should be submitted. The following information must be included in the Proposal: • Organization Structure – Provide a detailed listing of all permanent full-time employees who will comprise the project team supporting the City of Milton. 19 | RFP 19-PR03 • Organization History – Provide a brief narrative of the organization’s history. • Safety Record – Provide a report on all public safety reportable incidents from 2014 through 2018 (inclusive). • Detail what the learn to swim program would look like including proposed fees. • Proof of Insurance. • Copies of all required/applicable licenses, background check process, certifications, or credentials specific to the program. Examples: CPR, First Aid, AED, etc. 3.3 DURATION OF AGREEMENT The agreement will not start until a Council ratified contract has been delivered in writing. The contract will have an initial term of one year, from April 1, 2019 to March 31, 2020, and will be renewable at the option of both parties for two additional one-year terms (up to three years total). As required by O.C.G.A. § 36-60-13, the contract will terminate and automatically renew each year at midnight on December 31, absent the City’s provision of written notice of non-renewal to the vendor at least five (5) days prior to December 31 of the then-applicable year. Title to any supplies, materials, equipment, or other personal property shall remain in the vendor until fully paid for by the City. SECTION 4: OFFEROR QUALIFICATIONS 4.0 CITY’S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the Offeror to perform the services specified. 4.1 OFFEROR INFORMATIONAL REQUIREMENTS Firms interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. 20 | RFP 19-PR03 SECTION 5: COST PROPOSAL MUST BE RETURNED WITH BID One (1) original and two (2) copies shall be submitted in a separate sealed envelope before the required deadline. The offeror’s cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5. The undersigned bidder, having familiarized themselves with the work required by the RFP, the bid documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by bidder for the total contract price of: Total Price $_______________________________ Print Total Price in Words ___________________________________________________ Print/Type Company Name Here: _____________________________________________ Authorized Signature______________________________Date_______________________ Print/Type Name______________________________________________________________ Print/Type Title_________________________________________________________________ 21 | RFP 19-PR03 SECTION 6: EVALUATION CRITERIA 6.0 EVALUATION CRITERIA The City may elect to conduct a round of interviews with selected firms following receipt of the RFP. The City also reserves the right to issue a contract to a single firm based solely on the initial submittal. 1. Proposal Evaluation An evaluation committee will review and rank the proposals based on the factors listed below. The relative weight for each evaluation factor is indicated below (the maximum value is 100). • Proposal Response (maximum 25 points) • Cost of Services Provided (maximum 25 points) • Assessed quality and cost of the Learn to Swim program (maximum 20 points) • Life guard scheduling meets the needs of the City (maximum 10 points) • References (maximum 10 points) • Experience with other Recreation Departments (maximum of 10 points) 2. Interviews and Program Demonstration The City reserves the right to award the contract to the highest- ranking firm based on technical merits only; however, short-listed Offerors may also be invited to make a face-to-face presentation to the City. Web based presentations may also be permitted. During this presentation the Offeror can provide additional detail regarding their proposal submission and organizational qualities. A question and answer will follow the presentation. 3. Final Ranking and Negotiations Upon completion of the interviews and demonstrations, if required, the review committee will rank the short-listed proposals based on a combination of the evaluation scores and presentations. The top- ranked proposal will be recommended for contract award, pending successful negotiations. At this stage, the City may conduct any final 22 | RFP 19-PR03 discussions, negotiations, or proposal revisions with the top-ranking company(s). 23 | RFP 19-PR03 SECTION 7: CONTRACT INFORMATION 7.0 FORM OF CONTRACT It is the intention of the City to operate under the contract of the pool services provider, assuming that the terms of said agreement are acceptable to the City. 7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the Offeror’s RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations may be included in any resulting contract. 7.2 SUBCONTRACTOR The highest scoring Offeror will be the prime contractor if a contract is awarded and shall be responsible, in total, for all work of any sub- contractors. All sub-contractors, if any, must be listed in the proposals. The City reserves the right to approve all subcontractors. The Contractor shall be responsible to the City for the acts and omissions of all sub-contractors or agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by the Contractor. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any subcontractor and the City. 7.3 GENERAL INSURANCE REQUIREMENTS (i). The Company shall, at a minimum, maintain and keep in full force the following coverage: a. Worker’s Compensation insurance covering all persons engaged on behalf of the Company in the performance of the terms of this Agreement. b. General liability insurance including punitive damages in the amount of $10,000,000 per occurrence. c. Professional liability insurance on lifeguards in the amount of $1,000,000.00 (included under general liability). Company shall have the City named or covered by a blanket endorsement as an additional insured to Company’s comprehensive general liability policy and have its insurers waive subrogation against the City. Company will supply copies of the certificates of insurance to the City verifying the above-mentioned insurance coverage. 7.4 COMPLIANCE WITH WORKERS’ COMPENSATION ACT 24 | RFP 19-PR03 The Contractor is required to supply the City of Milton with proof of compliance with the Workers’ Compensation Act while performing work for the City. Neither the Contractor nor its employees are employees of the City. The proof of insurance/exemption must be received by the City of Milton within 10 working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO VENDORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 7.5 COMPLIANCE WITH LAWS The Contractor must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including State of Georgia E-verify requirements and the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or subcontracting by the Contractor subjects subcontractors to the same provision. The Contractor agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. SAMPLE CONTRACT SAMPLE CONTRACT ONLY ~ DO NOT RETURN WITH PROPOSAL PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this_____ day of _____________, 20___ (the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council (hereinafter referred to as the “City”), and _____________________, a __________________, (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Consultant to provide certain services in the completion of a Project (defined below); and WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work; and WHEREAS, Consultant desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Agreement, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: SAMPLE CONTRACT I. SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit “A” – City Solicitation Documents Exhibit “B” – Consultant Response/Proposal Exhibit “C” – Scope of Work Exhibit “D” – Contractor Affidavit Exhibit “E” – Subcontractor Affidavit Exhibit “F” – Key Personnel B. Project Description. The “Project” at issue in this Agreement is generally described as: _________________________________________________________________ C. The Work. The Work to be completed under this Agreement (the “Work”) includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit “C”, attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit “C”, the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. D. Schedule, Completion Date, and Term of Agreement. Consultant understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The term of this Agreement (“Term”) shall commence as of the Effective Date, and the Work shall be completed, and the Agreement shall terminate, on or before __________________________ (provided that certain obligations will survive termination/expiration of this Agreement). If the Term of this Agreement is longer than one year, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year absent City’s provision of written notice of non-renewal to Consultant at least five (5) days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property shall remain in Consultant until fully paid for by City. II. WORK CHANGES A. Change Order Defined. A “Change Order” means a written modification of the Agreement, signed by representatives of City and Consultant with appropriate SAMPLE CONTRACT authorization. B. Right to Order Changes. City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Change Orders and executed by Consultant and City. Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by City in its sole discretion, City shall have the right to determine reasonable terms, and Consultant shall proceed with the changed work. B. Change Order Requirement. Any work added to the scope of this Agreement by a Change Order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly executed on behalf of City and Consultant. C. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Mayor or City Council, any number of Change Orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section III(B) below. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Mayor and City Council. Amendments shall not result in a variance in price exceeding ten percent of the original contract amount. III. COMPENSATION AND METHOD OF PAYMENT A. Payment Terms. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City’s receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents requested by City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Any material deviations in tests or inspections performed, or times or locations required t o complete such tests or inspections, and like deviations from the Work described in this Agreement shall be clearly communicated to City before charges are incurred and shall be handled through Change Orders as described in Section II above. City shall pay Consultant within thirty (30) days after approval of the invoice by City staff. B. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $_______________________ (the “Maximum Contract Price”), except as outlined in Section II(C) above, and Consultant represents that this amount is sufficient to SAMPLE CONTRACT perform all of the Work set forth in and contemplated by this Agreement. The compensation for Work performed shall be based upon ____________. C. Reimbursement for Costs. The Maximum Contract Price set forth in Section III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the Project, and reimbursement for costs incurred shall be limited as follows: □ There shall be no reimbursement for costs. □ Long distance telephone and telecommunications, facsimile transmission, normal postage and express mail, and photocopying charges and time shall be billed at cost. Supplies and outside services, transportation, lodging, meals and authorized subcontracts shall be billed at cost plus no more than a 10% administrative burden. Automobile mileage shall be no more than the current deductible rate set by the Internal Revenue Service. In no event shall the total reimbursement for costs incurred during a particular month exceed ______________ percent of the total amount due for Work for that particular month. IV. COVENANTS OF CONSULTANT A. Expertise of Consultant; Licenses, Certification and Permits. Consultant accepts the relationship of trust and confidence established between it and City, recognizing that City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia’s Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional work or costs incurred as a result of error and/or omission by Consultant as a result of not meeting the applicable standard of care or quality will be provided by Consultant at no additi onal cost to City. This provision shall survive termination of this Agreement. B. Budgetary Limitations. Consultant agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Consultant’s profession and industry. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant’s profession and industry, Consultant will give written notice immediately to City. SAMPLE CONTRACT C. City’s Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant’s Work performed under this Agreement. Consultant acknowledges and agrees that the acceptance of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant’s performance. Consultant further agrees that no approval of designs, plans, specifications or other work product by any person, body or agency shall relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant’s Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. D. Consultant’s Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. E. Consultant’s Representative. _____________________ shall be authorized to act on Consultant’s behalf with respect to the Work as Consultant’s designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. F. Assignment of Agreement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of City. As to any approved subcontractors, Consultant shall be solely responsible for reimbursing them, and City shall have no obligation to them. G. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless City and City’s elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an “Indemnified Party” and collectively “Indemnified Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney’s fees and costs of defense (“Liabilities”), which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Consultant, any subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from SAMPLE CONTRACT the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. This indemnity obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of Consultant, its subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts Consultant or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Consultant or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. H. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Nothing in this Agreement shall be construed to make Consultant or any of its employees, servants, or subcontractors, an employee, servant or agent of City for any purpose. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of consultants, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and City by virtue of this Agreement with Consultant. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and City may hire additional entities to perform the Work related to this Agreement. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. Consultant agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the SAMPLE CONTRACT express knowledge and prior written consent of City. I. Insurance. (1) Requirements: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by Consultant, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence and $2,000,000 (two million dollars) aggregate for comprehensive coverage including for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Commercial Automobile Liability (owned, non-owned, hired) coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability of at least $1,000,000 (one million dollars) limit for claims arising out of professional services and caused by Consultant’s errors, omissions, or negligent acts. (d) Workers’ Compensation limits as required by the State of Georgia and Employers’ Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Consultant is a sole proprietor, who is otherwise not entitled to coverage under Georgia’s Workers’ Compensation Act, Consultant must secure Workers’ Compensation coverage approved by both the State Board of Workers’ Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers’ Compensation Act. Further, Consultant shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from SAMPLE CONTRACT coverage.) (e) Commercial Umbrella Liability Coverage: $ ________________ (_____________) per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers’ Liability, and Professional Liability. (3) Deductibles and Self-Insured Retentions: Any deductibles or self- insured retentions must be declared to and approved by City in writing so that City may ensure the financial solvency of Consultant; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and (if applicable) Umbrella Liability Coverage. (i) Additional Insured Requirement. City and City’s elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually “Insured Party” and collectively “Insured Parties”) shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, leased, or used by Consultant; automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Consultant to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. Consultant’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self- insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of Consultant’s insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with SAMPLE CONTRACT reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (b) Workers’ Compensation Coverage. The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (c) All Coverages. (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non- payment) has been given to City. City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by Consultant under the terms of this Agreement, including but not limited to Section IV(G) of this Agreement. (5) Acceptability of Insurers: The insurance to be maintained by Consultant must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of SAMPLE CONTRACT Georgia. Such insurance policies shall be placed with insurer(s) with an A.M. Best Policyholder’s rate of no less than “A-” and with a financial rating of Class VII or greater. The Consultant shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Consultant shall furnish to City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Consultant is specifically required to provide an endorsement naming City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Consultant’s insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. City reserves the right to require complete, certified copies of all required insurance policies at any time. Consultant shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Subcontractors: Consultant shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (8) Claims-Made Policies: Consultant shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (9) City as Additional Insured and Loss Payee: City shall be named as an additional insured and loss payee on all policies required by this Agreement, except City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers’ Compensation policy. (10) Progress Payments: The making of progress payments to Consultant shall not be construed as relieving Consultant or its subcontractors or insurance carriers from providing the coverage required in this Agreement. SAMPLE CONTRACT J. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City-provided forms, attached hereto as Exhibits “D” and “E” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant’s subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “D”, and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub - subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99- 603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “E”, which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub-subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10- 91, the City Manager or his/her designee shall be authorized to conduct an inspection of Consultant’s and Consultant’s subcontractors’ verification process at any time to determine that the verification was correct and complete. Consultant and Consultant’s subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections SAMPLE CONTRACT to ensure that no City Consultant or Consultant’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with City, Consultant and Consultant’s subcontractors agree to cooperate with any suc h investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Consultant or Consultant’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. Consultant’s failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Consultant shall be liable for all damages and delays occasioned by City thereby. Consultant agrees that the employee-number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee- number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. K. Records, Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement (“Records”) shall be established and maintained by Consultant in accordance with applicable law and requirements prescribed by City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Consultant by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by SAMPLE CONTRACT properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, Consultant shall furnish to City any and all Records in the form requested by City. All Records provided electronically must be in a format compatible with City’s computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, Consultant shall make available to City or City’s representative(s) for examination all Records. Consultant will permit City or City’s representative(s) to audit, examine, and make excerpts or transcripts from such Records. Consultant shall provide proper facilities for City or City’s representative(s) to access and inspect the Records, or, at the request of City, shall make the Records available for inspection at City’s office. Further, Consultant shall permit City or City’s representative(s) to observe and inspect any or all of Consultant’s facilities and activities during normal hours of business for the purpose of evaluating Consultant’s compliance with the terms of this Agreement. In such instances, City or City’s representative(s) shall not interfere with or disrupt such activities. L. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in any activity or conduct that would resul t in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Consultant become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest exists, City may require that Consultant take action to remedy the conflict of interest or terminate the Agreement without liability. City shall have the right to recover any fees paid for services rendered by Consultant when such services were performed while a conflict of interest existed if Consultant had knowledge of the conflict of interest and did not notify City within five (5) business days of becoming aware of the existence of the conflict of interest. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or SAMPLE CONTRACT preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub-consultant under a contract to the prime Consultant or higher tier sub-consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. M. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. Consultant agrees that confidential information it learns or receives or such reports, information, opinions or conclusions that Consultant creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of City. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Consultant acknowledges that City’s disclosure of documentation is governed by Georgia’s Open Records Act, and Consultant further acknowledges that if Consultant submits records containing trade secret information, and if Consultant wishes to keep such records confidential, Consultant must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. N. Key Personnel. All of the individuals identified in Exhibit “F”, attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Consultant’s Project Manager or members of the Project team, as listed in Exhibit “F”, without written approval of City. Consultant recognizes that the composition of this team was instrumental in City’s decision to award the Work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Consultant’s obligations under this Agreement and shall be grounds for termination. O. Meetings. Consultant is required to meet with City’s personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to City. Meetings will occur as problems arise and will be coordinated by City. City shall inform Consultant’s Representative of the need for a meeting and of the date, time and location of the meeting at least three (3) full business days prior to the date of the meeting. Face -to- SAMPLE CONTRACT face meetings are desired. However, at Consultant’s option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of this Agreement for cause. P. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant’s board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. Q. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant (“Materials”) shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any Materials remaining in the hands of Consultant or subcontractor upon completion or termination of the Work shall be delivered immediately to City whether or not the Project or Work is commenced or completed; provided, however, that Consultant may retain a copy of any deliverables for its records. Consultant assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed before final delivery to City, Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. V. COVENANTS OF CITY A. Right of Entry. City shall provide for right of entry for Consultant and all necessary equipment as required for Consultant to complete the Work; provided that Consultant shall not unreasonably encumber the Project site(s) with materials or equipment. B. City’s Representative. ______________________ shall be authorized to act on City’s behalf with respect to the Work as City’s designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section II above. SAMPLE CONTRACT VI. TERMINATION A. For Convenience. City may terminate this Agreement for convenience at any time upon providing written notice thereof at least seven (7) calendar days in advance of the termination date. B. For Cause. Consultant shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City’s failure to pay Consultant within thirty (30) calendar days of Consultant providing City with notice of a delinquent payment and an opportunity to cure. In the event of Consultant’s breach or default under this Agreement, City may terminate this Agreement for cause. City shall give Consultant at least seven (7) calendar days’ written notice of its intent to terminate the Agreement for cause and the reasons therefor. If Consultant fails to cure the breach or default within that seven (7) day period, or otherwise remedy the breach or default to the reasonable satisfaction of City, then City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge Consultant for the costs of curing the default against any sums due or which become due to Consultant under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to City for such default. C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in I(D) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of City. D. Payment Upon Termination. Upon termination, City shall provide for payment to Consultant for services rendered and, where authorized, expenses incurred prior to the termination date; provided that, where this Agreement is terminated for cause, City may deduct from such payment any portion of the cost for City to complete (or hire someone to complete) the Work, as determined at the time of termination, not otherwise covered by the remaining unpaid Maximum Contract Price. E. Conversion to Termination for Convenience. If City terminates this Agreement for cause and it is later determined that City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section VI(A) above. F. Requirements Upon Termination. Upon termination, Consultant shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by Consultant in performing this Agreement, whether completed or in process, in the form specified by City. G. Reservation of Rights and Remedies. The rights and remedies of City and Consultant provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity. SAMPLE CONTRACT VII. MISCELLANEOUS A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written Change Order (as provided in Section II above) or other document signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties. C. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia – Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. D. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared in valid. E. Business License. Prior to commencement of the Work to be provided hereunder, Consultant shall apply to City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Consultant provides evidence that no such license is required. F. Notices. (1) Communications Relating to Day-to-Day Activities. All communications relating to the day-to-day activities of the Work shall be exchanged between City’s Representative (named above) for City and Consultant’s Representative (named above) for Consultant. SAMPLE CONTRACT (2) Official Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith. NOTICE TO CITY shall be sent to: City Manager City of Milton, Georgia 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONSULTANT shall be sent to: ____________________________ ____________________________ ____________________________ ____________________________ G. Waiver of Agreement. No failure by City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and no custom or practice of City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect City’s right to demand exact and strict compliance by Consultant with the terms and conditions of this Agreement. Further, no express waiver shall affect any Term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations and insurance maintenance requirements. I. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. J. Sovereign Immunity; Ratification. Nothing contained in this Agreement shall be construed to be a waiver of City’s sovereign immunity or any individual’s qualified, good faith or official immunities. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. K. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City’s elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, SAMPLE CONTRACT attorneys or volunteers. No such individual shall be personally liable to Consultant or any successor in interest in the event of any default or breach by City or for any amount which may become due to Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant’s performance of services under this Agreement shall not subject Consultant’s individual employees, officers, or directors to any personal contractual liability, except where Consultant is a sole proprietor. The Parties agree that, except where Consultant is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed and/or asserted only against Consultant or City, respectively, and not against any elected or appoi nted official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. L. Counterparts; Agreement Construction and Interpretation. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. M. Force Majeure. Neither City nor Consultant shall be liable for its respective non-negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of its respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond its respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v ) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of CONSULTANT; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurr ection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. N. Material Condition. Each term of this Agreement is material, and Consultant’s breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to City at law or in equity. IN WITNESS WHEREOF City and Consultant have executed this Agreement, SAMPLE CONTRACT effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] SAMPLE CONTRACT CONSULTANT: _____________________________ Signature: ___________________________________ Print Name: _____________________________ Title: President/Vice President (Corporation) General Partner (Partnership/Limited Partnership) Member/Manager (LLC) Owner (Sole Proprietorship/Individual) [CORPORATE SEAL] (required if corporation) Attest/Witness: Signature: _______________________________ Print Name: _____________________________ Title: __________________________________ (Assistant) Corporate Secretary (required if corporation) CITY OF MILTON, GEORGIA ________________________________________ By: Joe Lockwood, Mayor [CITY SEAL] Attest: Signature: ________________________________ Print Name: ______________________________ Title: City Clerk Approved as to form: _______________________________ City Attorney SAMPLE CONTRACT SAMPLE CONTRACT EXHIBIT “A” EXHIBIT “B” EXHIBIT “C” SAMPLE CONTRACT EXHIBIT “D” STATE OF ____________ COUNTY OF ___________ CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13- 10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Contractor _________________________________ Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _________, 20___ in _____________________ (city), ______ (state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________, 20___. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _______________________________ SAMPLE CONTRACT EXHIBIT “E” STATE OF _____________ COUNTY OF ___________ SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with _______________________ (name of contractor) on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub- subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Contractor _________________________________ Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _________, 20___ in _____________________ (city), ______ (state) _________________________________ Printed Name and Title of Authorized Officer or Agent _________________________________ Signature of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________, 20___. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: ________________________________ 50 | RFP 19-PR03 EXHIBIT “F” The following individuals are designated as Key Personnel under this Agreement and, as such, are necessary for the successful prosecution of the Work: Individual Position _____________, Project Manager 1 | P a g e R F P 1 9 -P R 0 3 A d d e n d u m #1 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 19-PR03 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: ___________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: __________________________________________________ CITY: _________________ STATE: ____________ ZIP: _____________ PHONE: ______________________ FAX: _________________________ EMAIL ADDRESS: ___________________________________________ ____________________________________ ______________________ Signature Date ADDENDUM #1 2 | P a g e R F P 1 9 -P R 0 3 A d d e n d u m #1 ADDENDUM #1 RFP 19-PR03 This Addendum forms a part of the contract documents and modifies the original RFP documents as noted below: SECTION 3 – SCOPE OF PROJECT, 3.1 GENERAL is amended to include the following: • Vendor is to resurface the zero entry walk in wading pool prior to the opening of the pool on May 25, 2019. If the date cannot be met, the vendor should be prepared to perform the work as soon as possible after Labor Day 2019. 1 | P a g e R F P 1 9 -P R 0 3 A d d e n d u m #2 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #2 RFP 19-PR03 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: ___________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: __________________________________________________ CITY: _________________ STATE: ____________ ZIP: _____________ PHONE: ______________________ FAX: _________________________ EMAIL ADDRESS: ___________________________________________ ____________________________________ ______________________ Signature Date ADDENDUM #2 2 | P a g e R F P 1 9 -P R 0 3 A d d e n d u m #2 ADDENDUM #2 RFP 19-PR03 This Addendum forms a part of the contract documents and modifies the original RFP documents as noted below: SECTION 3 – SCOPE OF PROJECT, 3.1 GENERAL is amended to include the following: In Addendum #1, additional scope was included for the resurfacing of the zero entry walk in wading pool. This Addendum #2 provides specification information for this pool. See attachments below. To confirm, the address is 1785 Dinsmore Rd, Milton GA. "� *' > > r < n _ z U� t- �➢ 'J Cf cNA000_0� v H H y a f > ZZZ v. L 70 �� ®G�r- N a 1� 1 cb T 7 a r) /� rp a,#- W. I ttr > r < n �1 U� - �➢ Cf cNA000_0� a Trn���OtvO > 70 �� ®G�r- 1 ra 79 m>�� G � rn �� �O� IIS �ci � ��� � � a 7u� r-—iM�T 7u LO� < QP r) /� rp a,#- W. I ❑ 0 C D v .ti m ;6 ,, �- O <" = z m i O < c < 0 a A i< < O /n ® _ v J � v Ln rn p I ao` CC b z Sru ` 7 yo 7� � p z -. < -L m M d z til���c� � �� � a �ci >� >� �1 um �� ® z ® > rn Crt �M M rn �3 z 0 r- \Ui -� -i -i IJ O" �T-M = T �O � -9 -� � � � u �C � � z r"Mri -q ul >- :J: U, IIm 7��insore � Ut N W � .. N i � N= r v w U ry 3 --C] F �� N �- W- r u I -1\- �1 a �I m 0 91 e - r v w ry 3 MILTON "' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 30, 2019 FROM: Steven Krokoff, City Manager(2) AGENDA ITEM: Approval of Subdivision Plats and Revisions Approval MEETING DATE: Monday, May 6, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (1"APPROVED CITY ATTORNEY APPROVAL REQUIRED: ( ) YES CITY ATTORNEY REVIEW REQUIRED: ( ) YES APPROVAL BY CITY ATTORNEY: ( ) APPROVED PLACED ON AGENDA FOR: o~1b'7/ zc•q () NOT APPROVED (J,{IO (.('NO () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.2500 IF: 678.242.2499 info@cityofmiltonga.usIwww .cityofmiltonga.us 0900 To: Honorable Mayor and City Council Members From: Parag Agrawal, Community Development Director Date: Submitted on April 16, 2019 for the April 22, 2019 Regular Council Meeting Agenda Item: Approval of Subdivision Plats and Revisions Approval ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats and revisions as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. 1. The Sweet Apple Final Plat Revision described herein consists of a previously platted subdivision containing 21 lots on 38.25 acres. The purpose of this plat revision is to remove 15,016 square feet from Lot 12 to transfer to open space. Because no new lots are being created, the density will remain .55 lots per acre. 2. The LFG Properties plat described herein consists of two separate parcels and a 2.025 acre portion of an adjacent parcel to be combined into one. The total area of the combined parcels is 14.78 acres. 3. The KGC Properties plat described herein consists of two separate parcels to be combined in addition to a 2.025 acre portion to be subdivided for the purpose of combining with the adjacent parcel. The total area of the parcel after combining parcels and subdividing a portion is 24.61 acres. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: Consent Agenda Plats Staff Memo Page 2 of 9 None – not required. Concurrent Review: Steven Krokoff, City Manager Attachment(s): Plat List, Location Map, Plats Name of Development / Location Action Comments / # lots Total Acres Density 1. Sweet Apple LL 1016 & 1073 Sibley Lane Final Plat Revision No change in # of lots / 21 Lots Total 38.25 .55 Lots / acre 2. LFG Properties LL 413 15615 Birmingham Highway Combo Plat Combine parcels / 1 Lot 14.78 .067 Lots / acre 3. KGC Properties LL 381, 412 1105 Birmingham Road Minor Plat Combine 2 parcels & split portion / 1 Lot 24.61 .040 Lots / acre Consent Agenda Plats Staff Memo Page 3 of 9 Consent Agenda Plats Staff Memo Page 4 of 9 Consent Agenda Plats Staff Memo Page 5 of 9 Consent Agenda Plats Staff Memo Page 6 of 9 Consent Agenda Plats Staff Memo Page 7 of 9 Consent Agenda Plats Staff Memo Page 8 of 9 Consent Agenda Plats Staff Memo Page 9 of 9 MILTON "' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 30, 2019 FROM: Steven Krokoff, City Manager (23 AGENDA ITEM: Proclamation Recognizing William Zhang 2019 Winner of the American Protege International Piano and Strings Competition. MEETING DATE: Monday, May 6, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,.YAPPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: () YES () YES APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: or')o t,,,/ 201 9 () NOT APPROVED v(NO (..,YNO () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.2500 IF: 678 .242 .2499 info@cityofmiltonga.usIwww.cityofmiltonga.us 0900 Proclamation Recognizing William Zhang 2019 Winner of the American Protégé International Piano and Strings Competition WHEREAS, William Zhang is six years old and lives in Milton, Georgia. A current student of concert pianist and professor Raffi Besalyan, William began his piano studies at the age of four; and WHEREAS, William showed keen interest for music as early as two years old. He is a cheerful, passionate and inquisitive boy. He has participated in a variety of recitals in different venues, including local churches, schools, golf clubs and senior homes; and WHEREAS, The American Protégé International Piano and Strings Competition is open to school students and adults of all nationalities and countries; and WHEREAS, A record number of musicians from 17 countries applied for this year’s Competition. They hailed from the different parts of the U.S., Canada, Costa Rica, Italy, Germany, Israel, China, Hong Kong, India, Japan, South Korea, Vietnam, Thailand, Malaysia, Singapore, Australia and New Zealand; and WHEREAS, American Protégé is William’s first piano competition. He worked hard through the process of rehearsal and enjoyed playing his favorite music; and WHEREAS, William also loves reading, drawing and swimming. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton hereby recognize William Zhang as the 2019 winner of the American Protégé International Piano and Strings Competition. We are proud that he is a Milton resident and encourage all citizens to congratulate him on this very prestigious award. Given under my hand and seal of the City of Milton, Georgia on this 6th day of May, 2019. ____________________________________ Joe Lockwood, Mayor MILTON\t ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 30, 2019 FROM: Steven Krokoff, City Managec:2) AGENDA ITEM: Proclamation Recognizing MDA City of Milton Firefighter Appreciation. MEETING DATE: Monday, May 6, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (/4PPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: () YES () YES APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: () NOT APPROVED (,.YNO (J-1'10 () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.2500 IF : 678 .242 .2499 info @cityofmiltonga.usIwww.cityofmiltonga.us 0800 MDA City of Milton Firefighter Appreciation WHEREAS, dedicated and selfless firefighters in Milton provide vital and lifesaving services to the citizens of their community; and WHEREAS, at a moment’s notice, these men and women risk their lives subduing fires and rescuing those trapped in infernos, as well as saving citizens from emergencies that could have been deadly situations; and WHEREAS, Georgia firefighters contribute significantly to the continued well-being of Georgians through their outstanding commitment to community service. Their sense of duty and responsibility is evidenced by their hundreds of volunteer hours in annual boot drives to collect funds to fight Muscular Dystrophy; and WHEREAS, firefighters in the City of Milton unselfishly donate their time and energy to supporting the Muscular Dystrophy Association, raising more than $818,000 over our 12 year partnership; and WHEREAS, many of Milton’s most deserving citizens have benefited from the funds raised by firefighters in the “Fill-the-Boot” Campaign, and these public servants make invaluable contributions to our community in all the tasks they perform. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby proclaim April through September, as “MDA Firefighter Appreciation” time in the City of Milton and encourage all citizens of Milton, Georgia to recognize and support the efforts of these firefighters on behalf of MDA. Given under our hand and seal of the City of Milton, Georgia on this 6th day of May, 2019. _________________________ Mayor Joe Lockwood MILTON ~ ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 30, 2019 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of Ul 9-01 /VCl 9-01 -1470 Redd Road by Evera Premo for a Use Permit for a Private School (Section 64-1831) Kindergarten through Eighth grade for 80 Students. A Request for Two Concurrent Variances ( 1) delete the 75-foot undisturbed buffer and 10-foot improvement setback along the east property line [Section 64-1143 (A)(3)(B)] and (2) delete the 100-foot setback along the east property line where the existing structures are located [Section 64- 1831 (B) (3)]. {THE APPLICANT HAS REQUESTED TO WITHDRAW THIS REQUEST}. MEETING DATE: Monday, May 6, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (~PPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: () YES () YES APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: () NOT APPROVED t.-(NO (v(NO () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.2500 IF: 678.242.2499 in fo@cityofmiltonga.usIwww.cityofmiltonga.us 0 900 U19-01/VC19-01 - Prepared for the City of Milton Mayor and City Council Meeting on May 20, 2019 (First Presentation – May 6, 2019) Page 1 of 6 5/1/2019 PETITION NUMBERS U19-01/VC19-01 ADDRESS 1470 Redd Road DISTRICT, LAND LOT 2/2, 743 OVERLAY DISTRICT Rural Milton EXISTING ZONING AG-1 (Agricultural) PROPOSED USE PERMITS Private School (Sec. 64-1831) ACRES 5.765 EXISTING USE Single Family Residence and a barn PROPOSED USE Private School for a maximum of 80 students OWNER Jeff Moyer ADDRESS 212 Cedarhurst Canton, GA 30115 APPLICANT Evera Premo ADDRESS 630 Lake Charles Way Roswell, GA 30075 The applicant has requested to WITHDRAW the above petition. COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – APRIL 24, 2019 U19-01 – WITHDRAWAL VC19-01 – WITHDRAWAL PLANNING COMMISSION RECOMMENDATION – APRIL 24, 2019 U19-01 – WITHDRAWAL VC19-01 – WITHDRAWAL A use permit for a private school (Sec. 64-1831) kindergarten through eighth grade for 80 students. Two concurrent variances to (1) delete the 75-foot undisturbed buffer and 10-foot improvement setback along the east property line (Sec. 64-1143 (A)(3)(B)) and (2) delete the 100-foot setback along the east property line where existing structures are located (Sec. 64-1831(B)(3)). U19-01/VC19-01 - Prepared for the City of Milton Mayor and City Council Meeting on May 20, 2019 (First Presentation – May 6, 2019) Page 2 of 6 5/1/2019 U19-01/VC19-01 - Prepared for the City of Milton Mayor and City Council Meeting on May 20, 2019 (First Presentation – May 6, 2019) Page 3 of 6 5/1/2019 LOCATION MAP U19-01/VC19-01 - Prepared for the City of Milton Mayor and City Council Meeting on May 20, 2019 (First Presentation – May 6, 2019) Page 4 of 6 5/1/2019 EXISTING ZONING MAP U19-01/VC19-01 - Prepared for the City of Milton Mayor and City Council Meeting on May 20, 2019 (First Presentation – May 6, 2019) Page 5 of 6 5/1/2019 2035 FUTURE LAND USE MAP U19-01/VC19-01 - Prepared for the City of Milton Mayor and City Council Meeting on May 20, 2019 (First Presentation – May 6, 2019) Page 6 of 6 5/1/2019 REVISED SITE PLAN SUBMITTED – APRIL 2, 2019 MILTON "' TO: FROM: AGENDA ITEM: MEETING DATE: ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: April 30 , 2019 Steven Krokoff, City Manager (2) Consideration of the Issuance of an Alcohol Beverage License to The Farm at Pamelot, 2105 Bethany Way, Milton, Ga. 30004 Monday, May 6, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ()/APPROVED CITY ATTORNEY APPROVAL REQU IRED: CITY ATTORNEY REVIEW REQUIRED: () YES () YES APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: () NOT APPROVED {.,{'NO (J,1'10 () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.2500 I F: 678.242.2499 info@cityofmiltonga .usIwww.cityofmiltonga.us 0 900 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on April 30, 2019 for the May 6, 2019 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to The Farm at Pamelot, 2105 Bethany Way, Milton, Ga. 30004 _____________________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license for The Farm at Pamelot for farm winery which includes wholesale of farm winery production, retail package sales of wine and consumption on premises sales of wine. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application is submitted due to the creation of a farm winery establishment. Staff has processed the application and recommends issuance of the applicable license for: Business Name: The Farm at Pamelot Contact Name: Pamela Jackson Business Address: 2105 Bethany Way, Milton, Georgia 30004 Type of License: Farm Winery – Including wholesale of farm winery production, retail package sales of wine and consumption on premises sales of wine Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Steven Krokoff, City Manager MILTON ~ TO: FROM: AGENDA ITEM: MEETING DATE: ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: April 30, 2019 Steven Krokoff, City Manager (2) Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal 2019 Budget for Each Fund of the City of Milton, Georgia, Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. Monday, May 6, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (YAPPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: () YES () YES APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: e>S}{;(.,,)Z ui~ () NOT APPROVED () NOT APPROVED 2006 Heritage Walk Milton , GA P: 678.242.2500 I F: 678 .242 .2499 info@cityofmiltonga.usIwww.cityofmiltonga .us 0900 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on April 18, 2019 for First Presentation on the April 22, 2019 Regular City Council Meeting and Unfinished Business for the May 6, 2019 Regular City Council Meeting Agenda Item: Consideration of a Budget Amendment to Allow for Amendments Pertaining to Revenue Anticipations and Expenditure Appropriations. _____________________________________________________________________________________ Department Recommendation: The recommendation is to approve the budget amendments as proposed. Executive Summary: As the City budget is a dynamic rather than static plan, it requires amending from time to time. The proposed budget amendments enclosed are an update to the plan originally adopted on September 24, 2018 and reflect the most recent circumstances and recommendations. At the end of fiscal year 2018 the City had excess reserves beyond the required minimum unassigned fund balance of approximately $1.7 million. This excess is the result of conservative planning and spending throughout FY18 as the City replenished reserves after going an entire fiscal year with no current year property tax revenue (the result of the change in accounting principle in FY17). The proposed amendments utilize these funds as a one-time revenue source as required by the City’s Fund Balance Policy. One-time revenues are to be utilized for nonrecurring expenses and have been recommended to cover proposed amendments and initiatives that do not relate to offsetting revenue appropriation changes, recurring maintenance agreement/software expenses, or personnel related requests as indicated in the amendment documents. Funding and Fiscal Impact: Please refer to the attached budget amendment documents. Alternatives: Other directed Council action. Concurrent Review: Steve Krokoff, City Manager Attachment(s): Fiscal Year 2019 Proposed Budget Amendments 1 of 32 ORDINANCE NO. STATE OF GEORGIA FULTON COUNTY AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ADOPT AMENDMENTS TO THE FISCAL 2019 BUDGET FOR EACH FUND OF THE CITY OF MILTON, GEORGIA AMENDING THE AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES, AMENDING THE SEVERAL ITEMS OF REVENUE ANTICIPATIONS, PROHIBITING EXPENDITURES TO EXCEED APPROPRIATIONS, AND PROHIBITING EXPENDITURES TO EXCEED ACTUAL FUNDING AVAILABLE. BE IT ORDAINED by the City Council of the City of Milton, GA while in a council meeting on May 6, 2019 at 6:00 p.m. as follows: WHEREAS, the City Manager of the City of Milton has presented amendments to the fiscal year 2019 Budget to the City Council on each of the various funds of the City; and WHEREAS, each of these budget amendments results in a balanced budget, so that anticipated revenues equal proposed expenditures for each fund; and WHEREAS, the amended fiscal year 2019 budget provides a financial plan for the government, establishing appropriations for each operatin g department in order to extend services; NOW, THEREFORE BE IT ORDAINED that this budget amendment, “Exhibit A” attached hereto and by this reference made a part hereof this ordinance shall be the City of Milton’s amended fiscal year 2019 budget; and BE IT FURTHER ORDAINED that this budget be and is hereby approved and the several items of revenues shown in the budget for each fund in the amounts anticipated are adopted and that the several amounts shown in the budget for each fund as proposed expenditures are hereby appropriated to the departments named in each fund; and, BE IT FURTHER ORDAINED that the expenditures shall not exceed the appropriations authorized by this budget or amendments thereto provided; that expenditures for the fiscal year shall not exceed actual funding available. 2 of 32 ADOPTED AND APPROVED this 6th day of May, 2019. CITY OF MILTON, GEORGIA By: ________________________ Mayor Joe Lockwood _________________________ ________________________ Councilmember Peyton Jamison Councilmember Carol Cookerly _________________________ ________________________ Councilmember Matt Kunz Councilmember Joe Longoria _________________________ ________________________ Councilmember Laura Bentley Councilmember Rick Mohrig (SEAL) Attest: _______________________________ City Clerk 3 of 32 City of Milton, Georgia Fiscal Year 2019 Summary of Departmental Budget Amendments 4 of 32 The goal of the fiscal year 2019 budget amendment is to revise departmental budgets and interfund transfers based on activity-to-date and future projections. GENERAL FUND The General Fund is the principal operating fund of the government and is used to facilitate current year operations. General Fund revenues have unrestricted use. Utilization of prior year unrestricted fund balance in excess of required reserves shall be deemed a one-time revenue source. Expenditure requests are categorized into two categories: Salary and Benefits and Maintenance and Operating. Salary and benefits line items include salaries, overtime, vacation pay, retirement and other associated payroll expenditures. The maintenance and operating category include expenditures related to operational line items such as supplies, professional fees, training, dues and fees, travel, utilities, communications, machinery & equipment, etc. Revenue Amendments: The change in original revenue estimates for the following revenue sources is driven by an analysis of the activity-to-date. A projection was completed using available data indicating the fiscal year 2019 revenue estimates could be adjusted by the amounts indicated in the table beginning on page 7. Some of the more significant changes are explained as follows: 1.Over the last several fiscal years, Local Option Sales Tax (LOST) collections have steadily increased. The City received over $9 million in FY18, and we feel confident that the FY19 collections will be higher. We are proposing a $250,000 increase in the projections for this revenue source to bring total anticipations to $9,350,000. 2.The City has taken advantage of beneficial interest rates and cash flow projections to increase the investment of currently idle funds. As a result, investment income is anticipated to bring in more revenue than originally projected. An increase of $200,000 is being proposed bringing projections for realized gain on investments to $275,000 for the year. 3.The increase in land disturbance permits in FY19 has indicated growth, in this revenue category, greater that that seen over the past two years. Therefor, an increase to recognize current and anticipated collections in the amount of $60,000 is being requested. 4.The increase of $49,800 to the franchise fees line related to cell, fiber, and telecommunications will account for an annual agreement between the City and a third-party for use of the right of way. Expenditure Amendments: Explanations for each of the amendments to the expenditure accounts are provided within the expenditures by project detail beginning on page 8. 5 of 32 FY 2019 Current Budget Proposed Amendment Total Amended Budget REVENUES Taxes 26,945,500$ 401,821$ 27,347,321$ L icenses & Permits 533,250 75,582 608,832 Intergovernmental Revenues 9,000 (58)8,942 Charges for Services 505,800 2,500 508,300 Fines & Forfeitures 350,000 -350,000 Investment Income 76,000 200,000 276,000 Contributions & Donations - 7,244 7,244 Miscellaneous Revenue 70,750 (14,244)56,506 Proceeds from Sale of Assets 10,000 -10,000 subtotal 28,500,300$ 672,845$ 29,173,145$ Interfund Transfers In: Impact Fee Fund 27,000 (27,000)- subtotal 27,000$ (27,000)$ -$ TOTAL REVENUES $ 28,527,300 $ 645,845 $ 29,173,145 EXPENDITURES Mayor & Council 178,629$ -$178,629$ City Clerk 231,569 -231,569 City Manager 748,114 (5,498)742,616 General Administration 65,899 -65,899 Finance 551,705 -551,705 Legal 295,000 -295,000 Information Technology 970,225 151,995 1,122,220 Human Resources 332,177 (5,600)326,577 Risk Management 272,707 -272,707 General Government Buildings 222,928 -222,928 Communications 286,891 -286,891 Community Outreach & Engagement 128,746 8,578 137,324 Municipal Court 457,531 6,051 463,582 Police 5,115,625 20,417 5,136,042 Fire 7,214,381 69,101 7,283,482 Public Works 2,602,407 (280,028)2,322,379 Parks & Recreation 1,411,493 25,200 1,436,693 Community Development 1,217,865 191,122 1,408,987 Economic Development 220,859 37,650 258,509 Debt Service 852,436 -852,436 Contingency 233,768 -233,768 M&O Initiatives - 50,196 50,196 subtotal 23,610,955$ 269,185$ 23,880,140$ Interfund Transfers Out: Capital Projects Fund 5,332,380$ 1,501,202 6,833,582$ Capital Grant Fund 300,000 265,693 565,693.16 subtotal 5,632,380$ 1,766,895$ 7,399,275$ TOTAL EXPENDITURES $ 29,243,335 $ 2,036,080 $ 31,279,415 Total Revenues Over/(Under) Expenditures (716,035)$ (1,390,235)$ (2,106,270)$ Beginning Fund Balance 10,271,476 10,271,476 ENDING FUND BALANCE 9,555,441$ 8,165,206$ General Fund Budget Summary 6 of 32 Proposed Budget Amendment Fiscal Year 2019 GENERAL FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: TAXES Real Property Tax - Current Year 11,545,628 68,000 11,613,628 Public Utility Tax 95,000 (8,510) 86,490 Franchise Fees/Gas 312,000 36,793 348,793 Franchise Fees/Cell/Fiber/Telecommunications 4,040 49,800 53,840 Local Option Sales Tax 9,100,000 250,000 9,350,000 Financial Institution Tax 40,000 5,738 45,738 TOTAL: TAXES 401,821 LICENSES & PERMITS Alcohol Beverage Licenses 155,000 15,582 170,582 Land Disturbance 7,500 60,000 67,500 TOTAL: LICENSES & PERMITS 75,582 INTERGOVERNMENTAL Bulletproof Vest Partnership - 4,442 4,442 Community Services Program (CSP)- -- School Bus Stop Arm Violations 9,000 (4,500) 4,500 TOTAL: INTERGOVERNMENTAL (58) CHARGES FOR SERVICE Alarm Registration - 2,500 2,500 TOTAL: CHARGES FOR SERVICE 2,500 INVESTMENT INCOME Realized Gain/Loss On Investment 75,000 200,000 275,000 TOTAL: INVESTMENT INCOME 200,000 CONTRIBUTIONS & DONATIONS Donation Revenue-Milton First Responders Foundation - 3,244 3,244 Donation Revenue-Parks & Recreation - 150 150 Donation Revenue-Joyful Soles - 350 350 Private Entity Grant/Contributions - 3,500 3,500 TOTAL: CONTRIBUTIONS & DONATIONS 7,244 MISCELLANEOUS REVENUE Rents & Royalties - 8,500 8,500 Insurance Proceeds-Public Safety - 11,086 11,086 Insurance Proceeds-Public Works - 3,170 3,170 Other Miscellaneous Revenue 40,000 (37,000) 3,000 TOTAL: MISCELLANEOUS REVENUE (14,244) OTHER FINANCING SOURCES Operating Transfers In From Impact Fee Fund/Admin 27,000 (27,000) - TOTAL: OTHER FINANCING SOURCES (27,000) TOTAL REVENUES $ 645,845 Change in revenue recognition 7 of 32 Proposed Budget Amendment Fiscal Year 2019 GENERAL FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES BY DEPARTMENT: CITY MANAGER Salaries & Wages 538,900 (6,028) 532,872 Transfer salary savings to Public Works to account for Interim Director pay Employee Benefits 156,026 530 156,556 Increase to account for Workers' Compensation rate increase TOTAL: CITY MANAGER (5,498) INFORMATION SERVICES Salaries & Wages 98,948 71,174 170,122 Employee Benefits 34,261 29,340 63,601 Travel 4,392 2,235 6,627 Education & Training 650 4,720 5,370 Maintenance Contracts 521,963 43,961 565,924 Food & Meals - 565 565 TOTAL: INFORMATION SERVICES 151,995 HUMAN RESOURCES Professional Fees 12,874 21,400 34,274 Travel 5,750 13,000 18,750 Education & Training 50,500 (40,000) 10,500 Move Employee Wellness funding to a liability account to enhance tractability TOTAL: HUMAN RESOURCES (5,600) COMMUNITY OUTREACH & ENGAGEMENT Employee Benefits 26,650 125 26,775 Increase to account for Workers' Compensation rate increase Professional Fees 2,500 500 3,000 R ental Equipment & Vehicles - 1,000 1,000 Postage - 500 500 Advertising 113 500 613 Printing 150 500 650 Education & Training 1,990 1,953 3,943 General Supplies 3,611 1,000 4,611 Food & Meals 3,000 2,500 5,500 TOTAL: COMMUNITY OUTREACH & ENGAGEMENT 8,578 MUNICIPAL COURT Rental Land & Buildings 109,655 6,051 115,706 Increase to account for common area maintenance expenses related to the Deerfield lease TOTAL: MUNICIPAL COURT 6,051 Transfer GIS from Public Works to IS Increase to a ccount for expenses associated with the recruitment of a Public Works Director* Increase to account for State of the City donations ($3,500), Equestrian Committee outreach programming ($3,000), and Leadership North Fulton training ($1,953) 8 of 32 Proposed Budget Amendment Fiscal Year 2019 GENERAL FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES BY DEPARTMENT: POLICE Employee Benefits 1,170,817 10,000 1,180,817 Increase to account for Workers' Compensation rate increase Rental Land & Buildings 109,655 6,051 115,706 Increase to account for common area maintenance expenses related to the Deerfield lease Uniforms 52,000 1,122 53,122 Increase to account for Bulletproof Vest Partnership grant funding Machinery & Equipment 164,448 3,244 167,692 Increase to account for Milton First Responders donation TOTAL: POLICE 20,417 FI RE Employee Benefits 1,702,671 8,015 1,710,686 Increase to account for Workers' Compensation rate increase Equipment Repair & Maintenance 182,358 61,086 243,444 Increase to account for insurance proceeds ($11,086) and expenses associated with septic repairs/replacement at Fire Station 42 ($50,000)* TOTAL: FIRE 69,101 PUBLIC WORKS Salaries & Wages 708,930 (112,282) 596,648 Employee Benefits 267,707 (38,486) 229,221 Professional Fees 341,802 (115,440) 226,362 Travel 7,726 (2,235) 5,491 Education & Training 11,196 (4,790) 6,406 Maintenance Contracts 79,818 (39,000) 40,818 General Supplies 49,180 (400) 48,780 Food & Meals 620 (565) 55 Vehicle Repair & Maintenance 9,898 3,170 13,068 Increase to account for insurance proceeds Contract Labor 567,761 30,000 597,761 Increase to account for expenses associated with enhanced curb and gutter cleanup TOTAL: PUBLIC WORKS (280,028) PARKS & RECREATION Employee Benefits 66,992 400 67,392 Increase to account for Workers' Compensation rate increase Grounds Repair & Maintenance 81,700 8,800 90,500 Contract Labor 334,100 16,000 350,100 TOTAL: PARKS & RECREATION 25,200 Decreases: Transfer GIS to Information Services and transfer the Arborist and stormwater plan review to Community D evelopment Increases: Transfer in funding to account for Interim Public Works Director pay and increased Workers' Compensation rates Increase to account for costs associated with maintaining the newly acquired greenspace properties 9 of 32 Proposed Budget Amendment Fiscal Year 2019 GENERAL FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES BY DEPARTMENT: COMMUNITY DEVELOPMENT Empl oyee Benefits 277,766 13,076 290,842 Professional Fees - 177,576 177,576 Education & Training 6,588 70 6,658 General Supplies 4,830 400 5,230 TOTAL: COMMUNITY DEVELOPMENT 191,122 ECONOMIC DEVELOPMENT Professional Fees 59,575 37,650 97,225 Increase to account Deerfield market study contract that crossed fiscal years * TOTAL: MUNICIPAL COURT 37,650 OTHER FINANCING USES Operating Transfer Out to Capital Projects Fund 5,332,380 752,202 6,084,582 Operating Transfer Out to Capital Grant Fund 300,000 265,693 565,693 TOTAL: OTHER FINANCING USES 1,017,895 TOTAL EXPENDITURES $ 1,236,884 Total Revenues Over/(Under) Expenditures $ (591,039) *Recruitment, replacement of the septic at Fire Station 42, and funding for the Deerfield study are all nonrecurring expenditures. Increase to account for transfer of the Arborist and stormwater plan review from Public Works Increased to cover funding for the City match on grant related projects and new capital project initiatives 10 of 32 Maintenance & Operating (M&O) Initiatives Summary Initiative FY 2019 Mid-Year Proposed FINANCE Contract Management Module 3,000$ TOTAL FINANCE 3,000$ INFORMATION TECHNOLOGY Feature Manipulation Engine (FME) Software 6,300$ TOTAL INFORMATION TECHNOLOGY 6,300$ POLICE 7,800$ - 4,998 License Plate Reader (LPR) Replacement* Reclassify Part-Time Records Clerk to Full-Time (80/20 with Court) ^ Two Unmanned Aerial Systems* Investigative Cellular Analytics Software 5,000 TOTAL POLICE 17,798$ FIRE 8,595$ 14,504 Field Operations Tablets* PT Inspector Fire Marshal Transition ^- TOTAL FIRE 23,098$ M&O INITIATIVES TOTAL 50,196$ ^ Initiative will be covered by salary savings due to vacancies in FY19 *Indicates nonrecurring expenditure requests. 11 of 32 Strategy: Strategic Action Item: Salary - Benefits - Professional Fees - Repairs & Maintenance - Communications - Advertising - Printing - Travel - Dues & Fees - Education & Training - Contract Labor - Maintenance Contract 3,000 General Supplies - Utilities - Gasoline/Diesel - Food/Meals - Uniforms - Machinery - Vehicles - Furniture/Fixtures - Computer Software - Computer Hardware - Other Equipment - - - - - TOTAL 3,000 Salary/Benefits - Maintenance & Operating 3,000 Impact on Future Operating Budgets FY 2020 FY 2021 FY 2022 FY 2023 Increases Operating Costs 3,000 3,000 3,000 Decreases Operating Costs - - - Additional Revenues - - - Other - - - Total Operating Impact 3,000 3,000 3,000 CITY OF MILTON MAINTENANCE & OPERATING INITIATIVE REQUEST FORM Finance Contract Management Module Supportive of which strategy from the Strategic Plan (required field) Enter Funding Request by Account in the Area Below: - Strategic, Efficient & Engaged Government ACCOUNT DESCRIPTION BUDGET REQUEST Streamline Processes Brief Description of New Program/Service or Improvement of Existing Service Level: Adding the contract management module to the current bid management platform will enhance workflow and document management. This platform can house executed contracts as well as the bid process that leads to a contract. Staff will be able to communicate with vendors directly through the platform and will be able to manage term dates and deadlines with greater ease than is currently possible. What measurement will be used to gauge the performance of this new service/program or what current performance measure will be improved through the implementation of this initiative? (this can be a current performance measurement or the addition of a new measurement). The time it takes to process a bid/contract as well as the timeliness of contract term notifications will be used to gauge the performance of the new module. Explain any fiscal impact this initiative will have on future budgets and provide actual future year costs below. (example: utilities, maintenance contract costs). There will be an annual maintenance cost of $2,500 per year for 5 users. 3,000 - - 3,000 Notes: 12 of 32 Strategy: Strategic Action Item: Salary - Benefits - Professional Fees - Repairs & Maintenance - Communications - Advertising - Printing - Travel - Dues & Fees - Education & Training - Contract Labor - Maintenance Contract - General Supplies - Utilities - Gasoline/Diesel - Food/Meals - Uniforms - Machinery - Vehicles - Furniture/Fixtures - Computer Software 6,300 Computer Hardware - Other Equipment - - - - - TOTAL 6,300 Salary/Benefits - Maintenance & Operating 6,300 Impact on Future Operating Budgets FY 2020 FY 2021 FY 2022 FY 2023 Increases Operating Costs 1,260 1,260 1,260 Decreases Operating Costs - - - Additional Revenues - - - Other - - - Total Operating Impact 1,260 1,260 1,260 - - 1,260 Notes: For additional information, contact Brock.Ryan@cityofmiltonga.us - Strategic, Efficient & Engaged Government ACCOUNT DESCRIPTION BUDGET REQUEST Streamline Processes Brief Description of New Program/Service or Improvement of Existing Service Level: Data transformation and workflow automation software. This software will enable rapid data replication, increase data availability and interoperability between GIS systems, databases, and across GIS and inter-departmental systems. What measurement will be used to gauge the performance of this new service/program or what current performance measure will be improved through the implementation of this initiative? (this can be a current performance measurement or the addition of a new measurement). This initiative will reduce staff time dedicated to GIS data maintenance while increasing the availability and service provision of GIS. This will be measurable through a reduction in number of hours in staff time spent on data maintenance as well as through an increase in the number of maps, data, and other GIS analytical products and services offered to City staff and the residents of Milton. Explain any fiscal impact this initiative will have on future budgets and provide actual future year costs below. (example: utilities, maintenance contract costs). Maintenance contract costs: $1,260 per year, beginning at the end of year 1 1,260 CITY OF MILTON MAINTENANCE & OPERATING INITIATIVE REQUEST FORM Information Technology Feature Manipulation Engine (FME) Software Supportive of which strategy from the Strategic Plan (required field) Enter Funding Request by Account in the Area Below: 13 of 32 Strategy: Strategic Action Item: Salary Benefits Professional Fees Repairs & Maintenance - Communications Advertising - Printing - Travel - Dues & Fees - Education & Training - Contract Labor - Maintenance Contract - General Supplies Utilities - Gasoline/Diesel - Food/Meals - Uniforms Machinery 7,800 Vehicles Furniture/Fixtures - Computer Software - Computer Hardware Other Equipment - - - - - TOTAL 7,800 Salary/Benefits - Maintenance & Operating 7,800 Impact on Future Operating Budgets FY 2020 FY 2021 FY 2022 FY 2023 Increases Operating Costs - - - Decreases Operating Costs - - - Additional Revenues - - - Other - - - Total Operating Impact - - - CITY OF MILTON MAINTENANCE & OPERATING INITIATIVE REQUEST FORM Police License Plate Reader (LPR) Replacement Supportive of which strategy from the Strategic Plan (required field) Enter Funding Request by Account in the Area Below: - Strategic, Efficient & Engaged Government ACCOUNT DESCRIPTION BUDGET REQUESTRecognize future challenges or threats and plan for them today Brief Description of New Program/Service or Improvement of Existing Service Level: This initiative is for the purchase of replacement license plate readers. The current system in use is outdated and is no longer able to be serviced. We are experiencing frequent system failures which require the unit to be pulled out of service. System failures typically take between 4 - 8 hours to rectify. What measurement will be used to gauge the performance of this new service/program or what current performance measure will be improved through the implementation of this initiative? (this can be a current performance measurement or the addition of a new measurement). Improved efficiency and capabilities in intelligence gathering. Explain any fiscal impact this initiative will have on future budgets and provide actual future year costs below. (example: utilities, maintenance contract costs). - - - - Notes: 14 of 32 Strategy: Strategic Action Item: Salary - Benefits - Professional Fees Repairs & Maintenance - Communications Advertising - Printing - Travel - Dues & Fees - Education & Training - Contract Labor - Maintenance Contract - General Supplies Utilities - Gasoline/Diesel - Food/Meals - Uniforms Machinery Vehicles Furniture/Fixtures - Computer Software - Computer Hardware Other Equipment - - - - - TOTAL - Salary/Benefits - Maintenance & Operating - Impact on Future Operating Budgets FY 2020 FY 2021 FY 2022 FY 2023 Increases Operating Costs 56,576 60,021 61,822 Decreases Operating Costs - - - Additional Revenues - - - Other - - - Total Operating Impact 56,576 60,021 61,822 CITY OF MILTON MAINTENANCE & OPERATING INITIATIVE REQUEST FORM Police Reclassify Part Time Records Clerk to Full Time Supportive of which strategy from the Strategic Plan (required field) Enter Funding Request by Account in the Area Below: Brief Description of New Program/Service or Improvement of Existing Service Level: Combine the two part-time positions records clerk positions in the Municipal Court and Police Department into one full-time position to be shared among the two departments (80/20). This would be beneficial to both department’s with minimal financial impact to the city. What measurement will be used to gauge the performance of this new service/program or what current performance measure will be improved through the implementation of this initiative? (this can be a current performance measurement or the addition of a new measurement). Improved efficiency, relief factor and overall customer service to visitors of the Municipal Court and Police Department. Explain any fiscal impact this initiative will have on future budgets and provide actual future year costs below. (example: utilities, maintenance contract costs). Salary and benefit costs for Records Clerk. Strategic, Efficient & Engaged Government Recognize future challenges or threats and plan for them today ACCOUNT DESCRIPTION BUDGET REQUEST Notes: 58,273 58,273 - - - 15 of 32 Strategy: Strategic Action Item: Salary Benefits Professional Fees Repairs & Maintenance - Communications Advertising - Printing - Travel - Dues & Fees - Education & Training - Contract Labor - Maintenance Contract - General Supplies Utilities - Gasoline/Diesel - Food/Meals - Uniforms Machinery 4,698 Vehicles Furniture/Fixtures - Computer Software 300 Computer Hardware Other Equipment - - - - - TOTAL 4,998 Salary/Benefits - Maintenance & Operating 4,998 Impact on Future Operating Budgets FY 2020 FY 2021 FY 2022 FY 2023 Increases Operating Costs 300 300 300 Decreases Operating Costs - - - Additional Revenues - - - Other - - - Total Operating Impact 300 300 300 CITY OF MILTON MAINTENANCE & OPERATING INITIATIVE REQUEST FORM Police (2) Unmanned Aerial Systems Supportive of which strategy from the Strategic Plan (required field) Enter Funding Request by Account in the Area Below: Brief Description of New Program/Service or Improvement of Existing Service Level: Within the past year, the Milton Police Department has responded to numerous search and rescue calls. These incidents require most of the department’s resources. These events typically involve locating mentally unstable persons, elderly and disabled persons who become lost in heavily wooded areas and persons who may flee after committing a crime. Rugged terrain often hampers efforts in contacting injured persons who may require medical attention, requiring a specialized response. With a roughly 39 square mile area to monitor and protect, the Milton Police Department began to create and implement a UAS (Unmanned Aerial System) Program to assist with these demands. This request is for the purchase of (1) DJI Mavic 2 Enterprise Zoom, for $1,999.00 and (1) DJI Mavic 2 Enterprise Dual for $2,699.00. Additional needs, including software spare / replacement parts and routine maintenance, would have an ongoing annual cost of roughly $300. The total cost for the purchase of the UAS’s would be $5,000 for this year and $300 per year annually. What measurement will be used to gauge the performance of this new service/program or what current performance measure will be improved through the implementation of this initiative? (this can be a current performance measurement or the addition of a new measurement). Improved efficiency and capabilities in responding to critical incidents, epically search and rescue operations. Explain any fiscal impact this initiative will have on future budgets and provide actual future year costs below. (example: utilities, maintenance contract costs). Annual software maintenance Strategic, Efficient & Engaged Government Recognize future challenges or threats and plan for them today ACCOUNT DESCRIPTION BUDGET REQUEST Notes: 300 300 - - - 16 of 32 Strategy: Strategic Action Item: Salary Benefits Professional Fees Repairs & Maintenance - Communications Advertising - Printing - Travel - Dues & Fees - Education & Training - Contract Labor - Maintenance Contract 5,000 General Supplies Utilities - Gasoline/Diesel - Food/Meals - Uniforms Machinery - Vehicles Furniture/Fixtures - Computer Software - Computer Hardware Other Equipment - - - - - TOTAL 5,000 Salary/Benefits - Maintenance & Operating 5,000 Impact on Future Operating Budgets FY 2020 FY 2021 FY 2022 FY 2023 Increases Operating Costs 5,000 5,000 5,000 Decreases Operating Costs - - - Additional Revenues - - - Other - - - Total Operating Impact 5,000 5,000 5,000 CITY OF MILTON MAINTENANCE & OPERATING INITIATIVE REQUEST FORM Police Investigative Cellular Analytics Software Supportive of which strategy from the Strategic Plan (required field) Enter Funding Request by Account in the Area Below: - Strategic, Efficient & Engaged Government ACCOUNT DESCRIPTION BUDGET REQUESTRecognize future challenges or threats and plan for them today Brief Description of New Program/Service or Improvement of Existing Service Level: This ia a request for the purchase of an investigative cellular analytics software, which is a web based investigative cellular analytics software. The technology that the department has been using in the past is no longer able to function at the level needed. A recently tested software showed many new opportunities for enhancements. This software allowed detectives to analyze of 100,000 call records in a matter of minutes. The $5,000 annual fee includes unlimited analytics usage, cell mapping, court order/subpoena templates, web-based software updates and 24/7 tech support. What measurement will be used to gauge the performance of this new service/program or what current performance measure will be improved through the implementation of this initiative? (this can be a current performance measurement or the addition of a new measurement). Improved efficiency and capabilities in analyzing cellular data related to investigations. Explain any fiscal impact this initiative will have on future budgets and provide actual future year costs below. (example: utilities, maintenance contract costs). Annual maintenance contract 5,000 - - 5,000 Notes: 17 of 32 Strategy: Strategic Action Item: Salary - Benefits - Professional Fees - Repairs & Maintenance - Communications - Advertising - Printing - Travel - Dues & Fees - Education & Training - Contract Labor - Maintenance Contract - General Supplies - Utilities - Gasoline/Diesel - Food/Meals - Uniforms - Machinery - Vehicles - Furniture/Fixtures - Computer Software - Computer Hardware 8,595 Other Equipment - - - - - TOTAL 8,595 Salary/Benefits - Maintenance & Operating 8,595 Impact on Future Operating Budgets FY 2020 FY 2021 FY 2022 FY 2023 Increases Operating Costs - - Decreases Operating Costs 500 781 977 Additional Revenues - - - Other - - - Total Operating Impact 500 781 977 Strategic, Efficient & Engaged Government Improve Departments Technology Infrastructure ACCOUNT DESCRIPTION BUDGET REQUEST Notes: - 625 - - 625 Brief Description of New Program/Service or Improvement of Existing Service Level: This project involves purchasing seven tablets to support the new Records Management System. It is focused on providing each of the front-line apparatus and two for administration (community paramedic and inspections) with a portable record-entry device that can capture signatures directly into the reporting system and allow crews real-time access to preplan data, hydrants, inspections, and EMS/fire reports. What measurement will be used to gauge the performance of this new service/program or what current performance measure will be improved through the implementation of this initiative? (this can be a current performance measurement or the addition of a new measurement). This will improve efficiency for the fire department and climate the need for paper inspection ticket books, EMS refusals, and preplans. It will also eliminate duplicative entry of data in the field and at the station, as it will give crews a way to capture all relevant data on scene. Explain any fiscal impact this initiative will have on future budgets and provide actual future year costs below. (example: utilities, maintenance contract costs). These units will be Wi-Fi only, so there is no data cost. However, their eventual replacement should be built into the long-term planning for the city. The operating system has already been purchased. CITY OF MILTON MAINTENANCE & OPERATING INITIATIVE REQUEST FORM Fire Field Operations Tablets Supportive of which strategy from the Strategic Plan (required field) Enter Funding Request by Account in the Area Below: 18 of 32 Strategy: Strategic Action Item: Salary/Benefits 13,125 Professional Fees 679 Equipment R & M - Facilities R & M - Vehicle R & M - Grounds R & M - Land/Building Rental - Vehicle/Equip Rental - Communications 200 Postage - Advertising - Printing - Travel - Dues & Fees - Education & Training - Maintenance Contracts - General Supplies - Utilities: Water - Utilities: Natural Gas - Utilities: Electricity - Gasoline/Diesel - Food/Meals - Books/Periodicals - Uniforms 500 Machinery/Equipment - Furniture/Fixtures - Other Equipment - TOTAL 14,504 Salary/Benefits 13,125 Maintenance & Operating 1,379 Impact on Future Operating Budgets FY 2018 FY 2019 FY 2020 FY 2021 Increases Operating Costs 34,180 35,206 36,262 37,350 Decreases Operating Costs - - - Additional Revenues - - - - Other - - - - Total Operating Impact 34,180 35,206 36,262 37,350 Strategic, Efficient & Engaged Government ACCOUNT DESCRIPTION BUDGET REQUESTConduct a staffing analysis for the Fire Prevention Bureau Brief Description of New Program/Service or Improvement of Existing Service Level: This position is a part-time, no-benefit position that will assume the annual inspections responsibility currently conducted by the Assistant Fire Marshal. This will free the Captain-level AFM up to perform new construction and supervisory related tasks under a new title of Fire Marshal (FM). It will also allow the department to bring the fire plan review function in-house, eliminating the need for the private contractor to mail the plans out of state to their plan reviewer and giving us more direct coordination between the plan review and inspection process (Fire Marshal already reviews site plans, plats, and BOE projects). It is only with fire plans that inspections and plan review are handled separately...in both Building and Community Development, the plan reviews and inspections are conducted by the same department. The current FM (Deputy Chief) will focus more on Fire Administrative responsibilities and City wide Emergency Management efforts. What measurement will be used to gauge the performance of this new service/program or what current performance measure will be improved through the implementation of this initiative? (this can be a current performance measurement or the addition of a new measurement). This would enhance our efficiency by increasing our ability to provide timely plan review services, free the Captain-level employee up for management and new construction/development-related tasks, and provide more flexibility in our administrative model to meet the needs of the building and business community (both for annual inspections and new construction). This initiative should have a positive impact both on plan review efficiency and provide more consistency on annual inspection programs. Explain any fiscal impact this initiative will have on future budgets and provide actual future year costs below. (example: utilities, maintenance contract costs). This initiative will have recurring personnel costs but will reduce liability and inefficiency across the operational side of the fire department. It will also allow the City to eliminate the 90% share of the outside contract plan reviewer and retain that off setting revenue stream. Notes: CITY OF MILTON MAINTENANCE & OPERATING INITIATIVE REQUEST FORM Fire Part Time Fire Inspector Supportive of which strategy from the Strategic Plan (required field) Enter Funding Request by Account in the Area Below: 19 of 32 Strategy: Strategic Action Item: Salary - Benefits - Professional Fees - Repairs & Maintenance - Communications - Advertising - Printing - Travel - Dues & Fees - Education & Training - Contract Labor - Maintenance Contract - General Supplies - Utilities - Gasoline/Diesel - Food/Meals - Uniforms - Machinery - Vehicles - Furniture/Fixtures - Computer Software - Computer Hardware - Other Equipment - - - - - TOTAL - Salary/Benefits - Maintenance & Operating - Impact on Future Operating Budgets FY 2020 FY 2021 FY 2022 FY 2023 Increases Operating Costs 13,171 13,974 14,393 Decreases Operating Costs - - - Additional Revenues - - - Other - - - Total Operating Impact 13,171 13,974 14,393 Based on an overall task analysis, this initiative will realign the duties of the Fire Prevention division, giving the current Assistant Fire Marshal primary responsibility as the Fire Marshal in day-to-day code enforcement and inspections, and moving the current deputy chief of administration to an oversight and strategic role. We recommend this change based on the capabilities and qualifications of the Assistant Fire Marshal, the supporting task analysis, and a need to increase organizational emphasis on planning, budget, grants, etc. while not short-changing fire code enforcement. CITY OF MILTON MAINTENANCE & OPERATING INITIATIVE REQUEST FORM Fire Fire Marshal Transition Supportive of which strategy from the Strategic Plan (required field) Enter Funding Request by Account in the Area Below: Strategic, Efficient & Engaged Government ACCOUNT DESCRIPTION BUDGET REQUESTConduct a Staffing Needs Analysis for Fire Prevention Brief Description of New Program/Service or Improvement of Existing Service Level: - - 13,567 What measurement will be used to gauge the performance of this new service/program or what current performance measure will be improved through the implementation of this initiative? (this can be a current performance measurement or the addition of a new measurement). The task analysis used to justify the change to this position will be repeated in FY19 to ensure proper work allocation. Additionally, by transitioning the prevention-related duties in the Fire Marshal position, this will result in a better balance of tasks across fire admin, including allowing the current Logistics and Pub Ed position to focus on logistics (which is taking more time than anticipated when the position was created) and allowing the Deputy Chief to focus more on administration-related duties rather than day-to-day inspections, plan reviews, and code analyses. This will increase the efficiency of the fire administration in Milton and thereby enhance the safety of the growing built environment in Milton. Explain any fiscal impact this initiative will have on future budgets and provide actual future year costs below. (example: utilities, maintenance contract costs). This will carry a promotional increase from the current salary of the Assistant Fire Marshal based on the Fire salary step program. Future impact projections assume a 3% annual salary adjustment. 13,567 - 20 of 32 FY 2019 Current Budget Requested Amendment Total Amended Budget Revenues 5,671,784$ 745,408$ 6,417,192$ Expenditures 13,260,774$ 743,434$ 14,004,208$ Total Revenues Over/(Under) Expenditures (7,588,990)$ 1,974$ (7,587,016)$ Beginning Fund Balance 7,587,016$ 7,587,016$ ENDING FUND BALANCE (1,974)$ 0$ FY 2019 Current Budget Requested Amendment Total Amended Budget Revenues 1,809,426$ 210,174$ 2,019,600$ Expenditures 22,068,542$ -$ 22,068,542$ Total Revenues Over/(Under) Expenditures (20,259,116)$ 210,174$ (20,048,942)$ Beginning Fund Balance 20,860,987$ 20,860,987$ ENDING FUND BALANCE 601,871$ 812,044$ FY 2019 Current Budget Requested Amendment Total Amended Budget Revenues 6,010,800$ 175,000$ 6,185,800$ Expenditures 12,369,842$ -$ 12,369,842$ Total Revenues Over/(Under) Expenditures (6,359,042)$ 175,000$ (6,184,042)$ Beginning Fund Balance 8,631,592$ 8,631,592$ ENDING FUND BALANCE 2,272,551$ 2,447,551$ FY 2019 Current Budget Requested Amendment Total Amended Budget Revenues 867,878$ 761,793$ 1,629,671$ Expenditures 1,116,514$ 761,693$ 1,878,207$ Total Revenues Over/(Under) Expenditures (248,636)$ 100$ (248,536)$ Beginning Fund Balance 248,602$ 248,602$ ENDING FUND BALANCE (34)$ 66$ FY 2019 Current Budget Requested Amendment Total Amended Budget Revenues 882,500$ 7,000$ 889,500$ Expenditures 2,613,655$ 126,348$ 2,740,004$ Total Revenues Over/(Under) Expenditures (1,731,155)$ (119,348)$ (1,850,504)$ Beginning Fund Balance 1,877,503$ 1,877,503$ ENDING FUND BALANCE 146,348$ 27,000$ Capital Projects Funds Budget Summaries CAPITAL PROJECTS FUND GREENSPACE BOND FUND CAPITAL GRANT FUND IMPACT FEES FUND TSPLOST FUND 21 of 32 CAPITAL PROJECTS FUND The Capital Projects Fund is used to track revenues and expenditures associated with capital construction, acquisition, and maintenance. Appropriations in Capital Projects Fund are on a project-length basis and do not expire until the project is complete. According to the City’s budgetary policies, a major capital project generally is defined as an expenditure that has an expected useful life of more than 3 years with an estimated total cost of $50,000 or more, or an improvement/addition to an existing capital asset. Proposed Budget Amendments Fiscal Year 2019 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: CHARGES FOR SERVICE Traffic Calming - 8,700 8,700 Tree Recompense - 3,328 3,328 Landfill Use Fees 150,000 (102,000) 48,000 TOTAL: CHARGES FOR SERVICE (89,972) MISCELLANEOUS REVENUE Insurance Proceeds-Public Safety - 8,175 8,175 TOTAL: MISCELLANEOUS REVENUE 8,175 OTHER FINANCING SOURCES Operating Transfers In From General Fund 5,332,380 752,202 6,084,582 Operating Transfers In From Capital Grant Funding - 75,000 75,000 Operating Transfers In From Impact Fee Fund/Park - 3 3 TOTAL: OTHER FINANCING SOURCES 827,205 TOTAL REVENUES 745,408 CAPITAL PROJECTS FUND Change in Revenue Recognition 22 of 32 Proposed Budget Amendments Fiscal Year 2019 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES BY PROJECT: Software (IS)77,824 25,000 102,824 Increase to account for additional licensing needed* Hardware (IS)385,000 39,000 424,000 Increase to account for additional infrastructure improvements needed* Vehicles/Replacement Reserve (PD)250,644 8,175 258,819 Increase to account for insurance proceeds for total loss Fuel Management System - 20,466 20,466 Increase to account for expenses associated with upgrading the fuel mana gement system* Pavement Management 2,481,362 351,670 2,833,032 Hopewell @ Birmingham Intersection Improvements 50,625 (50,625) (0) Infrastructure/Traffic Calming 45,523 8,700 54,223 Increase to account for additional revenues received Freemanville @ Providence & Birmingham Intersection Improvements 1,255,318 110,539 1,365,857 Increase to account for Impact Fees offset correction* Crabapple @ Green Intersection Improvements - 75,000 75,000 Moving remaining City funding from the SR372 project to complete work at Cra b apple @ Green Park & Trail Expansion 292,401 120,000 412,401 Increase to account for additional expenses related to the trail blueprint* Site Improvements/Tree Recompense 141,319 3,328 144,647 Increase to account for additional revenues received Downtown Milton Master Plan 4,162 (4,162) (0) Computer/Software 265,500 36,343 301,843 TOTAL EXPENDITURES 743,434 Total Revenues Over/(Under) Expenditures $ 1,974 *Indicates a nonrecurring expenditure. CAPITAL PROJECTS FUND Amend budget to account for actual revenue received for Infrastructure Mai n tenance Fees and Landfill Use Fees; Increase project budget to address issue areas throguhout the City (use remaining Hopewll @ Birmingham funding to offset request) Increase to account for final contracted cost of new software (use remaining mas t er plan funding to offset request)* 23 of 32 GREENSPACE BOND FUND This fund was set up to account for the bond proceeds and related purchases approved in the greenspace bond referendum and the corresponding debt service. Budget amendments related to property tax collections and investment income anticipated have been requested. Proposed Budget Amendments Fiscal Year 2019 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: TAXES R eal Property - Current Year 1,671,839 96,954 1,768,793 Utility Tax - Current Year - 13,220 13,220 TOTAL: TAXES 110,174 INVESTMENT INCOME Interest (Regions) 100,000 100,000 200,000 TOTAL: INVESTMENT INCOME 100,000 TOTAL REVENUES $ 210,174 Total Revenues Over/(Under) Expenditures 210,174$ GREENSPACE BOND FUND Change in revenue recognition 24 of 32 TSPLOST FUND The TSPLOST Fund has been set up to account for the proceeds of the transportation local option sales tax and the various improvement projects outlined in the program. A budget amendment to recognize an increase in investment income anticipated has been requested. Proposed Budget Amendments Fiscal Year 2019 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: INVESTMENT INCOME Interest 10,800 175,000 185,800 TOTAL: INVESTMENT INCOME 175,000 TOTAL REVENUES $ 175,000 Total Revenues Over/(Under) Expenditures 175,000$ TSPLOST FUND Change in revenue recognition 25 of 32 CAPITAL GRANT FUND The Capital Grant Fund is considered to be a capital project fund that accounts for capital grants used to finance major capital projects. City staff have identified new opportunities across multiple grant programs and the corresponding amendments account for the grant funding and expenses as well as the City’s required matches. Additionally, the transfer of City funds no longer required for improvements at Crabapple Road and Birmingham Highway to a new road project at Crabapple Road and Green Road has been requested in the amount of $75,000. Proposed Budget Amendments Fiscal Year 2019 ACCOUNT # CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: INTERGOVERNMENTAL State Gov Grant/LCI Funds 340-0000-3341515 - 96,000 96,000 State Gov Grant/DNR Grants 340-0000-3343101 - 300,000 300,000 State Gov Grant/Bathroom Renovation 340-0000-3343103 - 100,000 100,000 TOTAL: INTERGOVERNMENTAL 496,000 INVESTMENT INCOME Interest 340-0000-3611000 - 100 100 TOTAL: INVESTMENT INCOME 100 OTHER FINANCING SOURCES Operating Transfers In From General Fund 340-0000-3912010 300,000 265,693 565,693 TOTAL: OTHER FINANCING SOURCES 265,693 TOTAL REVENUES $ 761,793 CAPITAL GRANT FUND Change in revenue recognition 26 of 32 Proposed Budget Amendments Fiscal Year 2019 ACCOUNT # CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES BY PROJECT: Infrastructure/Crabapple @ B'Ham 340-4101-541400510 301,323 (75,000) 226,323 Moving excess City funding to Green @ Crabapple Project Trail Expansion 340-6110-541401401 - 241,693 241,693 Increase to account for grant funding and City match on the Providence Park trail project* Bathroom Grant 340-6110-541300100 - 200,000 200,000 Increase to account for grant funding and City match on the Providence Park bathroom project* Lake Pier 340-6110-541300101 - 200,000 200,000 Increase to account for grant funding and City match on the lake pier project* Professional Fees/Liveable Centers Initiative 340-7410-521200001 - 120,000 120,000 Increase to account for grant funding and City match on the Deerfield LCI project* Operating Transfer Out to Capital Projects Fund 340-9000-611101000 - 75,000 75,000 Increase to account for grant funding and City match on the Deerfield LCI project TOTAL EXPENDITURES $ 761,693 Total Revenues Over/(Under) Expenditures 100$ *City matches on these projects represent nonrecurring expenditures. CAPITAL GRANT FUND 27 of 32 IMPACT FEE FUND The Impact Fee Fund accounts for revenues and expenditures related to the City’s impact fee program as approved in October 2015. Impact fees related to road projects are coming in lower than anticipated and a reduction in the revenue line and related expenditure line for road projects is being requested in the amount of $20,000. Additionally, a request to retain reverse the transfer out to the General Fund of $27,000 related to administration related expenses has been requested in order to set aside funding for impact fee related professional fees. Proposed Budget Amendments Fiscal Year 2019 ACCOUNT # CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: CHARGES FOR SERVICES Impact Fees/Road Fund 350-0000-3413214 120,000 (20,000) 100,000 TOTAL: CHARGES FOR SERVICES (20,000) OTHER FINANCING SOURCES Operating Transfers In From General Fund 350-0000-3912010 - 27,000 27,000 TOTAL: OTHER FINANCING SOURCES 27,000 TOTAL REVENUES $ 7,000 EXPENDITURES BY PROJECT: SR9 Court/Fire/Police Complex 350-1565-541300100 57,967 518 58,485 Site Improvements/Station 42 Replacement 350-3510-541200001 237,926 4,976 242,902 Intersection/Freemanville @ Providence & B'Ham 350-4101-541401703 168,526 (15,559) 152,967 Trails/Park & Trail Expansion 350-6110-541401401 2,081,985 133,430 2,215,415 Professional Fees 350-7410-521200000 - 29,980 29,980 Operating Transfer Out to General Fund/Admin 350-9000-611103000 27,000 (27,000) - Operating Transfer Out to Capital Projects/Park 350-9000-611101004 - 3 3 TOTAL EXPENDITURES $ 126,348 Total Revenues Over/(Under) Expenditures (119,348)$ IMPACT FEES FUND Increase to account for FY18 actuals over budget and updated projections for FY19 Change in revenue recognition 28 of 32 Capital Initiatives Summary FY 2019 Mid-Year Proposed Initiative Capital Projects Fund PARKS & RECREATION Lightning Detection System (Pool)*10,000$ Former MCC Facility Improvements*250,000 Facility Maintenance & Improvements*454,000 TOTAL PARKS & RECREATION 714,000$ Community Development Equestrian Zoning*35,000$ TOTAL COMMUNITY DEVELOPMENT 35,000$ TOTAL CAPITAL INITIATIVES 749,000$ *Indicates nonrecurring expenditure requests. 29 of 32 CAPITAL IMPROVEMENT PROGRAM Estimated Project Cost: Estimated Completion: DEPARTMENT:Account #:[Finance will create account #] STRATEGIC PLAN STRATEGY: STRATEGIC ACTION ITEM:Recurring/Non-Recurring:Non Recurring ESTIMATED PROJECT COST:ACTUAL EXPENDITURES TO DATE: Planning & Design Construction 10,000 Expended Through FY 18 - Land Acquisition - Fleet Acquisition - BUDGET ROLLOVER FROM PRIOR YEAR: Other - Total Project Cost:10,000 Rollover at FYE 18 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Operating Budget 10,000 - - - - - - 10,000 Debt Financing - - - - - - - - - Grant Funding - - - - - - - - - Other - - - - - - - - Funding Source Total:- 10,000 - - - - - - 10,000 - -$ 250.00$ -$ -$ 250.00$ l Park & Recreation Enrichment PROJECT NAME:Lightning Detection System for Milton City Pool $10,000 2019 Parks & Recreation Milton City Pool Improvement PROJECT DESCRIPTION and/or JUSTIFICATION: The Milton City Pool currently relies on lifeguards listening for thunder and then waiting for 30 minutes before allowing swimmers back into the pool. We are proposing to add a lightning detection system to increase the safety of the pool and tennis court users. FUNDING SOURCE(S): Previously Allocated Planned Funding Requests Total Funding Unfunded Amount Insert picture Example of a Lightning Detection System IMPACT ON OPERATING BUDGET: The system has an annual service contract of $250. Estimated Annual Impact: Expenditures Personnel Maintenance Other Revenues Total: 30 of 32 CAPITAL IMPROVEMENT PROGRAM Estimated Project Cost: Estimated Completion: DEPARTMENT:Account #: STRATEGIC PLAN STRATEGY: STRATEGIC ACTION ITEM:Recurring/Non-Recurring:Non-Recurring ESTIMATED PROJECT COST:ACTUAL EXPENDITURES TO DATE: Planning & Design - Construction 250,000 Expended Through FY 18 - Land Acquisition - Fleet Acquisition - BUDGET ROLLOVER FROM PRIOR YEAR: Other - Total Project Cost:250,000 Rollover at FYE 18 - FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Operating Budget - 250,000 - - - - - - 250,000 Debt Financing - - - - - - - - - Grant Funding - - - - - - - - Other - - - - - - - - - Funding Source Total:- 250,000 - - - - - - 250,000 - - - - - - IMPACT ON OPERATING BUDGET: TBD once the plan for the property has been approved.Estimated Annual Impact: Expenditures Personnel Maintenance Other Revenues Total: Increase our capacity for active, passive and linear parks PROJECT DESCRIPTION and/or JUSTIFICATION: The funds associated with this project are intended to bring the current facilities on the Dinsmore Road property up to code and prepare to address the desires of the community as expressed through input meetings and the upcoming community survey. FUNDING SOURCE(S): Previously Allocated Planned Funding Requests Total Funding Unfunded Amount Park & Recreation Enrichment PROJECT NAME:Former MCC Facility Improvements $250,000 TBD Parks & Recreation 31 of 32 CAPITAL IMPROVEMENT PROGRAM Estimated Project Cost: Estimated Completion: DEPARTMENT:Account #: STRATEGIC PLAN STRATEGY: STRATEGIC ACTION ITEM:Recurring/Non-Recurring:Non-Recurring ESTIMATED PROJECT COST:ACTUAL EXPENDITURES TO DATE: Planning & Design 35,000 Construction - Expended Through FY 18 - Land Acquisition - Fleet Acquisition - BUDGET ROLLOVER FROM PRIOR YEAR: Other - Total Project Cost:35,000 Rollover at FYE 18 - FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Operating Budget - 35,000 - - - - - - 35,000 Debt Financing - - - - - - - - - Grant Funding - - - - - - - - Other - - - - - - - - - Funding Source Total:- 35,000 - - - - - - 35,000 - - - - - - Preserve What Makes Milton Unique PROJECT NAME:Equestrian Zoning and Large Lot Incentive Study $35,000 Dec-19 Community Development Safeguard historic landmarks, farms, woodlands, streams and open spaces. PROJECT DESCRIPTION and/or JUSTIFICATION: Equestrian Zoning and Large Lot Incentive Study - The goal of this study is to strengthen the Milton’s equestrian character through long range planning and land use practices. The study will explore various options to update the city's zoning code like creating a separate zoning category called 'Equestrian Estates', creating an Equestrian Estate Overlay District, text amendments to AG1 zoning category to make it more equestrian friendly, or propose use permits for property owners with horses on AG1. The study will also explore various incentives that could be offered to the large lot property owners, like property tax incentives, and administrative project approvals. The consultant will take community input through stakeholder sessions and will work collaboratively with the Equestrian Committee. FUNDING SOURCE(S): Previously Allocated Planned Funding Requests Total Funding Unfunded Amount Total: IMPACT ON OPERATING BUDGET: [Enter impact description]Estimated Annual Impact: Expenditures Personnel Maintenance Other Revenues 32 of 32