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Agenda Packet - CC - 04/27/2020
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 Paul Moore Laura Bentley Carol Cookerly Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Monday, April 27, 2020 Regular Council Meeting Agenda 6:00 PM On March 20, 2020, the Mayor and City Council approved an Emergency Ordinance which declared and proclaimed a state of local emergency and, per Section 7 of said Ordinance, provided that such declaration shall constitute the finding and declaration of an emergency as contemplated by the Open Meetings Act, O.C.G.A. 50-14-1(g), such that a teleconference meeting may be held. Based upon that Ordinance finding, pertinent State law, and upon the Governor’s declaration of a statewide emergency, this meeting of the City Council will be conducted virtually using Zoom Meetings. This platform will allow for the public and media to observe the online, streaming meeting in real time via a computer or telephone. To Attend the Virtual City Council Meeting: • Using Your Computer, Tablet, or Smartphone: Go to https://zoom.us/j/94434846616 NOTE: It is beneficial to download the free Zoom app • From A Mobile Phone: +19292056099, 94434846616# US (New York) • From A Phone: +1 929 205 6099 US (New York) Webinar ID: 944 3484 6616 1) CALL TO ORDER MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 27, 2020 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 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. 20-114) 5) PUBLIC COMMENT (General) 6) CONSENT AGENDA 1. Approval of the March 16, 2020 Regular City Council Meeting Minutes. (Agenda Item No. 20-115) (Sudie Gordon, City Clerk) 2. Approval of the Financial Statements and Investment Report for the Period Ending February 2020. (Agenda Item No. 20-116) (Bernadette Harvill, Finance Director) 3 . Approval of a Professional Services Agreement between the City of Milton and Tunnell-Spangler-Walsh and Associates (TSW) to Conduct Planning Services and Complete Milton’s 2040 Comprehensive Plan. (Agenda Item No. 20-117) (Parag Agrawal, Community Development Director) 4 . Approval of a Construction Services Agreement with Pavement Technology Inc. for the Application of Pavement Preservation Treatments of Various Locations Around the City. (Agenda Item No. 20-118) (Robert Drewry, Public Works Director) 5 . Approval of a Construction Services Agreement with Blount Construction Co. Inc. for the Excavation and Repair of a Sinkhole Located in the Right- of-Way at 511 Harmony Court in the Avensong Subdivision. (Agenda Item No. 20-119) (Robert Drewry, Public Works Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 27, 2020 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 6 . Approval of a Facility Use Agreement between the City of Milton and Mill Springs Academy to Provide Gymnasium Access to Support the City of Milton Basketball Program. (Agenda Item No. 20-120) (Jim Cregge, Parks & Recreation Director) 7 . Approval of a Facility Use Agreement between the City of Milton and Mill Springs Academy to Provide School Access to Support the City of Milton Camp Joyful Soles Summer Camp. (Agenda Item No. 20-121) (Jim Cregge, Parks & Recreation Director) 8 . Approval of a Behavioral Services Contract between the City of Milton and Comprehensive Behavior Change, LLC to Provide Training Services for the Counselors at Camp Joyful Soles. (Agenda Item No. 20-122) (Jim Cregge, Parks & Recreation Director) 7) REPORTS AND PRESENTATIONS (None) 8) FIRST PRESENTATION 1 . Consideration of the Adoption of the Proposed Changes to Chapter 32 and Chapter 34 of the Milton City Code. (Agenda Item No. 20-123) (Jim Cregge, Parks & Recreation Director) 9) PUBLIC HEARING (None) 10) ZONING AGENDA (None) 11) UNFINISHED BUSINESS (None) 12) NEW BUSINESS MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 27, 2020 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 1 . Consideration for Approval of a Project Agreement between the City of Milton and the State of Georgia Department of Natural Resources for the Construction of a Fishing Pier at the Pavilion at Providence Park. (Agenda Item No. 20-124) (Jim Cregge, Parks & Recreation Director) 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Community Development 2. Finance 3. Economic Development 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 20-125) CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 20, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of the Financial Statements and Investment Report for the Period Ending February 2020. MEETING DATE: Wednesday, April 27, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ DocuSign Envelope ID: F1B8DC0F-2D33-4967-9B1D-59DC1B2F3BF6 X X April 27, 2020 X To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on April 20, 2020 for the April 27, 2020 Regular Council Meeting Agenda Item: Financial Statements & Investment Report for Period 5 – February 2020 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 3.25% over what is anticipated for the fifth period of the fiscal year. Total expenditures to-date are $12,539,215 and are 11.40% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $13,301,568, capital expenditures-to-date total $1,483,608. Please note that the financial statements for capital related funds include current encumbrances. This will provide a clear picture of future commitments of resources prior to an actual payment being made. 1 of 13 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending February 2020 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 12,025,225 52,225 62,503 (10,278) 11,977,762 11,851,017 126,745 Motor Vehicle Tax 452,100 133,705 37,342 96,363 430,961 149,369 281,592 Intangible Tax 215,000 36,347 17,910 18,438 119,041 71,638 47,403 Real Estate Transfer Tax 100,000 17,845 8,330 9,515 42,119 33,320 8,799 Franchise Fees 2,105,800 16,586 - 16,586 459,541 501,850 (42,309) Local Option Sales Tax 9,400,000 761,739 783,020 (21,281) 3,376,745 3,289,060 87,685 Alcohol Beverage Excise Tax 310,000 10,531 25,730 (15,199) 117,067 102,920 14,147 Business & Occupation Tax 800,000 92,897 160,000 (67,103) 236,809 240,000 (3,191) Insurance Premium Tax 2,500,000 - - - - - - Financial Institution Tax 45,000 9,009 6,750 2,259 9,009 6,750 2,259 Penalties & Interest 22,200 3,508 975 2,534 31,153 7,075 24,078 Alcohol Beverage Licenses 170,000 (1,142) - (1,142) 152,375 153,000 (625) Other Non-Business Permits/Licenses 33,100 2,350 2,632 (283) 16,742 13,661 3,081 Zoning & Land Disturbance Permits 58,350 18,435 4,861 13,574 45,450 24,303 21,147 Building Permits 350,000 37,687 21,000 16,687 120,921 133,000 (12,079) Intergovernmental Revenue - - - - - - - Other Charges for Service 517,420 36,524 39,581 (3,057) 188,835 218,902 (30,066) Municipal Court Fines 380,000 29,873 31,654 (1,781) 136,759 158,270 (21,511) Interest Earnings 301,000 25,298 25,073 225 124,457 125,367 (909) Contributions & Donations - - - - 22,503 - 22,503 Other Revenue 108,726 8,465 8,599 (134) 61,673 42,894 18,780 Other Financing Sources 93,093 6,924 6,924 - 49,222 39,622 9,600 Total Revenues 29,987,014 1,298,806 1,242,883 55,922 17,719,146 17,162,017 557,129 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 196,111 8,515 10,085 (1,569) 60,491 72,308 (11,817) City Clerk 390,928 (31,260) 85,527 (116,787) 94,675 250,530 (155,855) City Manager 644,897 41,802 41,451 351 245,749 244,964 785 General Administration 58,673 6,510 4,832 1,678 15,585 24,231 (8,646) Finance 646,442 56,936 62,892 (5,957) 275,092 306,335 (31,243) Legal 295,000 22,289 24,583 (2,294) 140,716 122,917 17,800 Information Technology 1,362,876 85,500 95,597 (10,098) 515,711 579,836 (64,125) Human Resources 349,281 19,786 26,186 (6,401) 123,239 148,618 (25,379) Risk Management 266,706 573 1,083 (510) 140,107 158,931 (18,824) General Government Buildings 259,502 18,427 19,888 (1,461) 87,988 100,190 (12,201) Communications 292,875 16,093 21,448 (5,355) 79,995 124,806 (44,811) Community Outreach & Engagement 164,367 11,290 14,437 (3,147) 65,482 73,120 (7,637) Municipal Court 470,202 33,828 34,287 (458) 178,029 184,344 (6,315) Police 5,629,833 398,405 413,964 (15,559) 2,298,230 2,487,994 (189,764) Fire 7,722,910 508,601 552,381 (43,779) 3,318,695 3,550,086 (231,391) Public Works 2,979,237 128,515 189,047 (60,532) 841,609 1,039,202 (197,593) Parks & Recreation (Active)1,518,414 64,148 75,924 (11,776) 692,703 725,457 (32,754) Passive Parks/Greenspace 137,789 9,343 11,103 (1,761) 50,309 56,016 (5,707) Community Development 1,701,891 108,932 137,001 (28,069) 572,057 691,742 (119,685) Economic Development 179,655 20,893 32,049 (11,157) 73,369 94,743 (21,373) Debt Service 1,177,201 - - - 630,000 1,076,257 (446,257) Operating Transfers to Other Funds 4,894,518 407,877 407,877 - 2,039,383 2,039,383 - Operating Reserve 264,448 - - - - - - Total expenditures 31,603,756 1,937,001 2,261,641 (324,641)12,539,215 14,152,006 (1,612,792) Net Income/(Loss)(1,616,742)(638,195)5,179,931 Fund Balance - Beginning 10,495,407 10,495,407 Fund Balance - Ending 8,878,665 15,675,338 Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Crabapple Fest Vendor Fee -$ -$ 1,100$ 1,100$ Rock for Rescues Vendor Fee - - - - Summer Event Vendor Fee - - - - Interest Revenues - 2 9 9 Crabapple Fest Sponsor 15,000 - 7,500 (7,500) Earth Day Sponsor - - - - Summer Event Sponsor 2,000 - - (2,000) Private Entity Contributions - - - - Gas South Partnership - 82 349 349 Total revenues 17,000$ 84$ 8,958$ (8,042)$ EXPENDITURES Current: Special Events 120,688$ 700$ 50,193$ 70,495$ Total Expenditures 120,688$ 700$ 50,193$ 70,495$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 80,000 5,659$ 23,000 (57,000) Total other financing sources and uses 80,000$ 5,659$ 23,000$ (57,000)$ Net change in fund balances (23,688)$ (18,235)$ Fund balance - beginning 71,176 71,176 Fund balance - ending 47,488$ 52,941$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 29, 2020 3 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds - - - - Interest Revenues/State Funds - - - - Interest Revenues/Federal Funds - 3 14 14 Realized Gain on Investments/State Funds - - - - Proceeds of Sale of Assets - - - - Total revenues -$ 3$ 14$ 14$ EXPENDITURES Current: Police 6,716$ -$ 13,433$ (6,717)$ Total Expenditures 6,716$ -$ 13,433$ (6,717)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (6,716)$ (13,419)$ Fund balance - beginning 95,166 95,166 Fund balance - ending 88,450$ 81,748$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 29, 2020 4 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 980,000$ 95,110$ 273,175$ (706,825)$ Total revenues 980,000$ 95,110$ 273,175$ (706,825)$ EXPENDITURES Current: Public Safety 980,000$ 95,110$ 273,175$ 706,825$ Total Expenditures 980,000$ 95,110$ 273,175$ 706,825$ OTHER FINANCING SOURCES (USES) Unallocated -$ -$ -$ -$ Transfers out to Capital Projects - - - - Net change in fund balances -$ -$ Fund balance - beginning - - Fund balance - ending -$ -$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 29, 2020 5 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 80,000$ 5,659$ 23,000$ (57,000)$ Total revenues 80,000$ 5,659$ 23,000$ (57,000)$ OTHER FINANCING SOURCES (USES) Transfers out to Special Events Fund 80,000$ 5,659$ 23,000$ (57,000)$ Total other financing sources and uses 80,000$ 5,659$ 23,000$ (57,000)$ Net change in fund balances -$ -$ Fund balance - beginning - - Fund balance - ending -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 29, 2020 6 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 110,000$ 1,415$ 32,564$ 32,564$ (77,436)$ Infrastructure Maint Penalty & Interest - - 483 483 483 Tree Recompense - - - - - Landfill Host Fees 48,000 - 12,705 12,705 (35,295) Interest Revenue - - 341 341 341 Total revenues 158,000$ 1,415$ 46,093$ 46,093$ (111,907)$ EXPENDITURES Capital Outlay City Council -$ -$ -$ -$ -$ General Admin 13,762 - - - 13,762 Finance 162,315 - - - 162,315 Information Services 383,944 - - - 383,944 General Govt Bldg 46,266 - - - 46,266 Police 226,857 345 1,101 266,233 (39,376) Fire 1,849,610 - 1,157,677 1,157,677 691,933 Public Works 5,698,404 22,640 123,086 395,086 5,303,317 Parks & Recreation (Active)3,287,597 12,236 190,404 269,221 3,018,375 Passive Parks/Greenspace 973,188 - - - 973,188 Community Development 659,626 1,083 11,340 259,436 400,190 Total Capital Outlay 13,301,568$ 36,304$ 1,483,608$ 2,347,654$ 10,953,914$ Excess of revenues over expenditures (13,143,568)$ (34,889)$ (1,437,515)$ (2,301,561)$ (11,065,821)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 4,894,518$ 407,877$ 2,039,383$ 2,039,383$ (2,855,136)$ Transfer out to General Fund (83,093) (6,924) (34,622) (34,622) 48,471 Contingencies (147,450) - - - 147,450 Total other financing sources and uses 4,663,975$ 400,952$ 2,004,760$ 2,004,760$ (2,659,215)$ Net change in fund balances (8,479,593)$ 567,245$ (296,800)$ Fund balance - beginning 8,532,749 8,532,749 8,532,749 Fund balance - ending 53,155$ 9,099,994$ 8,235,948$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 29, 2020 7 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Real Property Tax-Current Year 1,683,096$ 12,418$ 1,675,436$ 1,675,436$ (7,660)$ Real Property Tax-Prior Year - 1,317 11,067 11,067 11,067 Public Utility Tax-Current Year 13,220 - - - (13,220) Personal Property Tax-Current Year 25,090 48 24,718 24,718 (372) Personal Property Tax-Prior Year - (23) 10 10 10 Motor Vehicle Tax 5,689 611 2,248 2,248 (3,441) Penalties & Interest - Real Property - 168 2,234 2,234 2,234 Penalties & Interest - Personal Property - 0 160 160 160 Other Miscellaneous Revenue - - 37,350 37,350 37,350 Interest Revenue (Regions)200,000 7,465 35,903 35,903 (164,097) Interest Revenue (SunTrust)- 54 196 196 196 Total revenues 1,927,095$ 22,058$ 1,789,322$ 1,789,322$ (137,773)$ EXPENDITURES Capital Outlay Passive Parks/Greenspace 7,637,331$ 50,000$ 1,311,780$ 1,314,395$ 6,322,935$ Bond Principal 855,000 - - - 855,000 Bond Interest 858,875 - 429,438 429,438 429,438 Total Capital Outlay 9,351,206$ 50,000$ 1,741,218$ 1,743,833$ 7,609,988$ Excess of revenues over expenditures (7,424,111)$ (27,942)$ 48,104$ 45,489$ 7,472,215$ Net change in fund balances (7,424,111)$ 48,104$ 45,489$ Fund balance - beginning 7,536,608 7,536,608 7,536,608 Fund balance - ending 112,497$ 7,584,712$ 7,582,097$ City of Milton Greenspace Bond Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 29, 2020 8 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Transportation Local Option Sales Tax 6,300,000$ 512,795$ 2,285,412$ 2,285,412$ (4,014,588) Interest Revenues - 88 374 374 374 Realized Gain or Loss (GA Fund 1)200,000 15,574 85,831 85,831 (114,169) Total revenues 6,500,000$ 528,457$ 2,371,618$ 2,371,618$ (4,128,382)$ EXPENDITURES Capital Outlay Public Works 17,181,402$ 183,008$ 1,265,531$ 2,568,303$ 14,613,099 Total Capital Outlay 17,181,402$ 183,008$ 1,265,531$ 2,568,303$ 14,613,099$ Excess of revenues over expenditures (10,681,402)$ 345,450$ 1,106,087$ (196,685)$ 10,484,717$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances (10,681,402)$ 1,106,087$ (196,685)$ Fund balance - beginning 13,950,834 13,950,834 13,950,834 Fund balance - ending 3,269,433$ 15,056,921$ 13,754,149$ City of Milton Transportation Local Option Sales Tax (TSPLOST) Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 29, 2020 9 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Recreation Trail Program -$ -$ -$ -$ -$ Land & Water Conservation Grant - 6,412 6,412 6,412 6,412 LMIG Funds 405,528 - 444,773 444,773 39,245 Trail Connection to Big Creek Greenway 400,000 1,080 1,080 1,080 (398,920) Interest Revenues - 48 179 179 179 Contributions & Donations - - - - - Total revenues 805,528$ 7,540$ 452,444$ 452,444$ (353,084)$ EXPENDITURES Capital Outlay Public Works 1,383,489$ 1,350$ 1,350$ 45,000$ 1,338,489$ Parks & Recreation 631,443 - 4,015 11,300 620,143 Community Development 104,793 - - 1,500 103,293 Total Capital Outlay 2,119,725$ 1,350$ 5,365$ 57,800$ 2,061,925$ Excess of revenues over expenditures (1,314,197)$ 6,190$ 447,079$ 394,644$ 1,708,841$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfer Out to Capital Projects Fund - - - - - Budgeted Fund Balance - - - - -$ Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances (1,314,197)$ 447,079$ 394,644$ Fund balance - beginning 850,459 850,459 850,459 Fund balance - ending (463,738)$ 1,297,538$ 1,245,103$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 29, 2020 10 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Admin Fund 30,000$ 2,034$ 12,666$ 12,666$ (17,334)$ Law Enforcement Fund 13,000 854 5,736 5,736 (7,264) Fire Fund 72,500 4,892 32,871 32,871 (39,629) Road Fund 110,000 6,105 41,758 41,758 (68,242) Park Fund 650,000 55,936 341,831 341,831 (308,170) Interest Revenues/Admin Fund - 2 14 14 14 Interest Revenues/Law Enforcement Fund - 1 6 6 6 Interest Revenues/Fire Fund - 5,43 35 35 35 Interest Revenues/Road Fund - 7 44 44 44 Interest Revenues/Park Fund - 62 373 373 373 Total revenues 875,500$ 69,893$ 435,334$ 435,334$ (440,166)$ EXPENDITURES General Government Buildings 73,437$ -$ -$ -$ 73,437$ Fire 319,372 - - - 319,372 Public Works 266,709 - - 152,967 113,742 Parks & Recreation 3,063,327 - 1,337,853 1,337,853 1,725,474 Community Development 59,195 - - - 59,195 Total Capital Outlay 3,782,040$ -$ 1,337,853$ 1,490,820$ 2,291,220$ Excess of revenues over expenditures (2,906,540)$ 69,893$ (902,519)$ (1,055,486)$ 1,851,054$ OTHER FINANCING SOURCES (USES) Transfer Out to General Fund/Admin -$ -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances (2,906,540)$ (902,519)$ (1,055,486)$ Fund balance - beginning 3,004,194 3,004,194 3,004,194 Fund balance - ending 97,654$ 2,101,675$ 1,948,708$ City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 29, 2020 11 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues -$ -$ -$ -$ -$ Interest Revenues - 23,993 74,812 74,812 74,812 Contributions & Donations - - - - - Total revenues -$ 23,993$ 74,812$ 74,812$ 74,812$ EXPENDITURES Capital Outlay General Government Buildings 13,853,347$ 440,585$ 2,756,473$ 12,460,501$ 1,392,846$ Fire 3,706,563 - - - 3,706,563 Fiscal Agent's Fees - - 114,971 114,971 (114,971) Issuance Costs - - 387,932 387,932 (387,932) Bond Principal - - 7,881,627 7,881,627 (7,881,627) Total Capital Outlay 17,559,910$ 440,585$ 11,141,003$ 20,845,031$ (3,285,121)$ Excess of revenues over expenditures (17,559,910)$ (416,592)$ (11,066,191)$ (20,770,219)$ (3,210,309)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfers out to General Fund - - - - - Revenue Bond Proceeds - - 27,493,663 27,493,663 27,493,663 Total other financing sources and uses -$ -$ 27,493,663$ 27,493,663$ 27,493,663$ Net change in fund balances (17,559,910)$ 16,427,472$ 6,723,444$ Fund balance - beginning (1,546,653) (1,546,653) (1,546,653) Fund balance - ending (19,106,563)$ 14,880,820$ 5,176,791$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 29, 2020 12 of 13 Amount Percent Yield Money Market - Quantum Bank 5,367,870 17%1.64% GA Fund 1 14,455,861 45%1.59% GA Fund 1 (TSPLOST)12,325,511 38%1.59% Grand Total Investment Portfolio 32,149,242 100% Current Month YTD Current Month YTD Interest earned 25,220 124,098 15,574 85,831 Budgeted interest 25,000 125,000 16,667 83,333 Variance over/(under)220 (902) (1,093) 2,498 General Fund TSPLOST Fund City of Milton Investment Portfolio Month Ending February 29, 2020 13 of 13 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 21, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Tunnell, Spangler & Associates, Inc. (TSW) to Conduct Planning Services and Complete Milton’s 2040 Comprehensive Plan. MEETING DATE: Wednesday, April 27, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ DocuSign Envelope ID: F72053CC-7B5B-4C76-94C9-5F6B816E9D90 X X X April 27, 2020 X Page 1 of 3 To: Honorable Mayor and City Council Members From: Parag Agrawal, Community Development Director Date: Submitted April 21, 2020 for the April 27, 2020 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton & Tunnell, Spangler and Associates, Inc. (TSW) to Conduct Planning Services and Complete Milton’s 2040 Comprehensive Plan. _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The Georgia Department of Community Affairs (DCA) requires that local governments conduct and complete a comprehensive plan every five (5) years. The City of Milton, since its incorporation, has completed two (2) Comprehensive Plans (in 2011 and 2016) in accordance with the rules of Georgia Department of Community Affairs (DCA), and has maintained its Qualified Local Government (QLG) status. Milton’s next Comprehensive Plan is due to the state DCA in the fall of 2021 in order to fulfil this requirement and continue to maintain QLG. The planning firm Tunnell Spangler and Associates, Inc. (TSW) was selected after staff conducted a competitive request for proposals and interviews to select the best firm to manage the planning process and produce an award-worthy Comprehensive Plan. This Plan will focus on Milton’s unique character and quality community development, redevelopment, and economic viability. The results of the planning effort will be a forward-thinking vision for the City with corresponding policies and guidelines to implement the Plan. Among the key objectives are: 1. Plan Regulations a. Develop a Comprehensive Plan through a community driven process that exceeds the requirements pursuant to the rules of Georgia Department of Community Affairs (DCA), Chapter 110-12-1, Standards and Procedures for Local Comprehensive Planning, effective October 1, 2018. 2. Public Education and Community Engagement DocuSign Envelope ID: F72053CC-7B5B-4C76-94C9-5F6B816E9D90 a. Develop an innovative public engagement/communication strategy to include an online presence and online surveys that communicates key messaging and milestones to the broadest cross section of stakeholders, citizens, residents and property owners. b. Educate the public through learning techniques and communicate the long-range implication of comprehensive planning. 3. Future Thinking a. Plan for future economic, transportation and demographic trends and market changes. b. Evaluate and make recommendations for smart city readiness for emerging technologies like micro mobility options, autonomous vehicles (artificial intelligence), on-line retail, automated employment, etc. 4. Community and Economic Development a. Redefine and confirm character areas throughout the City and align with the appropriate land uses and zoning. b. Identify and define economic development character areas and discuss appropriate business (including agri-business) and consider the location, quality and design of future development, in context of fiscal and market realities. c. Focus master planning efforts on key target locations to guide future development in a way that not only maintains the character that makes Milton unique, but allow for modest growth and appropriate redevelopment character in designated areas. Work with City’s GIS Division and GIS Consultant to include 3D modeling related to target areas, as appropriate. d. The Plan will need to consider the location, quality and design of future development potential to ensure the City continues to maintain a vibrant economy. 5. Sustainability and Preservation of Greenspace a. Evaluate the impact of the City owned Greenspace/ Preserves on the community and consider and discuss a strategy to maintain, improve and or increase these assets within the City. 6. Public Art a. Confirm existing and/or establish new opportunities for the display of Public Art. Public Art should be thought of in all the various forms of art that appeals to the human senses to include, but limited to paintings, sculptures, DocuSign Envelope ID: F72053CC-7B5B-4C76-94C9-5F6B816E9D90 photography, dance, sound, pieces that may be temporary and/or permanent, static and/or interactive, indoors and/or outdoors. Procurement Summary: Purchasing method used: RFP Account Number: 300-7410-521207400 Requisition Total: $125,000.00 Vendor DBA: Other quotes or bids submitted (vendor/$): N/A Financial Review: Bernadette Harvill, April 20, 2020 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, April 20, 2020 Concurrent Review: Steve Krokoff, City Manager Attachment: Contract DocuSign Envelope ID: F72053CC-7B5B-4C76-94C9-5F6B816E9D90 1 dsd 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 Tunnell, Spangler & Associates, Inc., a Georgia corporation, (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Consultant to provide certain services in the completion of a Project (defined below); and WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work; and WHEREAS, Consultant desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Agreement, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit “A” – City Solicitation Documents Exhibit “B” – Consultant Response/Proposal Exhibit “C” – Scope of Work 2 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: provide planning services for the development of the City’s 2040 Comprehensive 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 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 or Work Order, 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 expire upon completion of and payment for all Work (provided that certain obligations will survive termination/expiration of this Agreement). The Work shall be accomplished in accordance with a schedule to be adopted in consultation with the City’s Representative, but in any event Consultant shall ensure completion of all Work and adoption of the 2040 Plan no later than December 31, 2021. As the Term of this Agreement is longer than one year, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of City on September 30 each fiscal year of the Term, and further, that this Agreement shall automatically renew on October 1 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. 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. A Work Order assigning Work under this Agreement for a price that is under the aggregate Maximum Contract Price and within the Scope of Work is not a “Change Order.” 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 3 Change Order duly executed on behalf of City and Consultant. C. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Mayor or City Council, any number of Change Orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section III(B) below. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Mayor and City Council. Amendments shall not result in a variance in price exceeding ten percent of the original contract amount. III. COMPENSATION AND METHOD OF PAYMENT A. Payment Terms. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City’s receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents requested by City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Any material deviations in tests or inspections performed, or times or locations required to complete such tests or inspections, and like deviations from the Work described in this Agreement shall be clearly communicated to City before charges are incurred and shall be handled through Change Orders as described in Section II above. City shall pay Consultant within thirty (30) days after approval of the invoice by City staff. B. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $125,000.00 (the “Maximum Contract Price”), except as outlined in Section II(C) above, and Consultant represents that this amount is sufficient to perform all of the Work set forth in and contemplated by this Agreement. The compensation for each of ten Work tasks to be performed shall be based upon the individual lump sum amounts as stated in the Cost Proposal listed in Exhibit “B”. If additional community meetings are required the compensation for Work performed, compensation shall be based on the number of hours worked times the applicable hourly rates set forth in Exhibit “B”. C. Reimbursement for Costs. The Maximum Contract Price set forth in Section III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the Project, and reimbursement for costs incurred shall be limited as follows: 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 4 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 limita tions established without disregarding sound principles of Consultant’s profession and industry, Consultant will give written notice immediately to City. C. City’s Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant’s Work performed under this Agreement. Consultant acknowledges and agrees that the acceptance of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant’s performance. Consultant further agrees that no approval of designs, plans, specifications or other work product by any person, body or agency shall relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant’s Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. D. Consultant’s Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. E. Consultant’s Representative. _____________________ [INSERT NAME] 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 5 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 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”), 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 6 exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and City may hire additional entities to perform the Work related to this Agreement. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. Consultant agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. I. Insurance. (1) Requirements: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by Consultant, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence and $2,000,000 (two million dollars) aggregate for comprehensive coverage including for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Commercial Automobile Liability (owned, non-owned, hired) coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or 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) 7 per occurrence or disease. (If Consultant is a sole proprietor, who is otherwise not entitled to coverage under Georgia’s Workers’ Compensation Act, Consultant must secure Workers’ Compensation coverage approved by both the State Board of Workers’ Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers’ Compensation Act. Further, Consultant shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Commercial Umbrella Liability Coverage: $ ___N/A_______ per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers’ Liability, and Professional Liability. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City in writing so that City may ensure the financial solvency of Consultant; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and (if applicable) Umbrella Liability Coverage. (i) Additional Insured Requirement. City and City’s elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually “Insured Party” and collectively “Insured Parties”) shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, leased, or used by Consultant; automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Consultant to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. Consultant’s insurance 8 coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of Consultant’s insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (b) Workers’ Compensation Coverage. The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (c) All Coverages. (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to City. City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by Consultant under the terms of this 9 Agreement, including but not limited to Section IV(G) of this Agreement. (5) Acceptability of Insurers: The insurance to be maintained by Consultant must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance policies shall be placed with insurer(s) with an A.M. Best Policyholder’s rate of no less than “A-” and with a financial rating of Class VII or greater. The Consultant shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Consultant shall furnish to City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Consultant is specifically required to provide an endorsement naming City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Consultant’s insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. City reserves the right to require complete, certified copies of all required insurance policies at any time. Consultant shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Subcontractors: Consultant shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (8) Claims-Made Policies: Consultant shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (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 10 carriers from providing the coverage required in this Agreement. J. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City-provided forms, attached hereto as Exhibits “D” and “E” (affidavits regarding compliance with the E- Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant’s subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “D”, and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub-subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “E”, which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub-subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. 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 11 inspections to ensure that no City Consultant or Consultant’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with City, Consultant and Consultant’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Consultant or Consultant’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. Consultant’s failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Consultant shall be liable for all damages and delays occasioned by City thereby. Consultant agrees that the employee-number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] [DESIGNATE/MARK APPROPRIATE CATEGORY] ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. K. Records, Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement (“Records”) shall be established and maintained by Consultant in accordance with applicable law and requirements prescribed by City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such 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, 12 time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, Consultant shall furnish to City any and all Records in the form requested by City. All Records provided electronically must be in a format compatible with City’s computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, Consultant shall make available to City or City’s representative(s) for examination all Records. Consultant will permit City or City’s representative(s) to audit, examine, and make excerpts or transcripts from such Records. Consultant shall provide proper facilities for City or City’s representative(s) to access and inspect the Records, or, at the request of City, shall make the Records available for inspection at City’s office. Further, Consultant shall permit City or City’s representative(s) to observe and inspect any or all of Consultant’s facilities and activities during normal hours of business for the purpose of evaluating Consultant’s compliance with the terms of this Agreement. In such instances, City or City’s representative(s) shall not interfere with or disrupt such activities. L. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Consultant become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest exists, City may require that Consultant take action to remedy the conflict of interest or terminate the Agreement without liability. City shall have the right to recover any fees paid for services rendered by Consultant when such services were performed while a conflict of interest existed if Consultant had knowledge of the conflict of interest and did not notify City within five (5) business days of becoming aware of the existence of the conflict of interest. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, 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 13 or on behalf of a sub-consultant under a contract to the prime Consultant or higher tier sub- consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. M. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. Consultant agrees that confidential information it learns or receives or such reports, information, opinions or conclusions that Consultant creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of City. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Consultant acknowledges that City’s disclosure of documentation is governed by Georgia’s Open Records Act, and Consultant further acknowledges that if Consultant submits records containing trade secret information, and if Consultant wishes to keep such records confidential, Consultant must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. N. Key Personnel. All of the individuals identified in Exhibit “F”, attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Consultant’s Project Manager or members of the Project team, as listed in Exhibit “F”, without written approval of City. Consultant recognizes that the composition of this team was instrumental in City’s decision to award the Work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Consultant’s obligations under this Agreement and shall be grounds for termination. O. Meetings. Consultant is required to meet with City’s personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to City. Meetings will occur as problems arise and will be coordinated by City. City shall inform Consultant’s Representative of the need for a meeting and of the date, time and location of the meeting at least three (3) full business days prior to the date of the meeting. Face-to-face meetings are desired. However, at Consultant’s option and expense, 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. 14 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 or belief, political affiliation, 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. S. Consultants Assisting with Procurement. As required by O.C.G.A. § 36-80-28, if the Agreement requires the Consultant to prepare, develop, or draft specifications or requirements for a solicitation (including bids, requests for proposals, procurement orders, or purchase orders) or to serve in a consultative role during a bid or proposal evaluation or negotiation process: (a) the Consultant shall avoid any appearance of impropriety and shall follow all ethics and conflict-of-interest policies and procedures of the City; (b) the Consultant shall immediately disclose to the City any material transaction or relationship, including, but not limited to, that of the Consultant, the Consultant’s employees, or the Consultant’s agents or subsidiari es, that reasonably could be expected to give rise to a conflict of interest, including, but not limited to, past, present, or known prospective engagements, involvement in litigation or other dispute, client relationships, or other business or financial interest, and shall immediately disclose any material transaction or relationship subsequently discovered during the pendency of the Agreement; and (c) the Consultant agrees and acknowledges that any violation or threatened violation of this paragraph may cause irreparable injury to the City, entitling the City to seek injunctive relief in addition to all other legal remedies. 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 15 shall not unreasonably encumber the Project site(s) with materials or equipment. B. City’s Representative. __Michele McIntosh-Ross 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, 16 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 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 17 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: Tunnell, Spangler & Associates, Inc. Attn: Thomas Walsh 1447 Peachtree St NE, Ste 850 Atlanta, GA 30309 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 18 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 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. 19 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] 20 CONSULTANT: Tunnell, Spangler & Associates, Inc. Signature: ___________________________________ Print Name: _____________________________ Title: [CIRCLE ONE] President/Vice President (Corporation) [CORPORATE SEAL] (required if corporation) Attest/Witness: Signature: _______________________________ Print Name: _____________________________ Title: __________________________________ (Assistant) Corporate Secretary (required if corporation) CITY OF MILTON, GEORGIA ________________________________________ By: Joe Lockwood, Mayor [CITY SEAL] Attest: Signature: ________________________________ Print Name: ______________________________ Title: City Clerk Approved as to form: _______________________________ City Attorney EXHIBIT “A” CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: 20-CD03 RFP Title: Planning Services for the 2040 Comprehensive Plan Due Date and Time: February 20, 2020 Local Time: 2:00 PM Number of Pages: 48 ISSUING DEPARTMENT INFORMATION Issue Date: January 23, 2020 City of Milton Community Development Dept 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Website: www.cityofmiltonga.us INSTRUCTIONS TO CONSULTANTS Return Proposal to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Mark Face of Envelope/Package: RFP Number: 20-CD03 Name of Company or Firm Special Instructions: Deadline for Written Questions February 4, 2020 by 5:00 PM Email questions to Honor Motes at honor.motes@cityofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS OFFEROS 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 Invitation to Bid 2 | RFP 20-CD03 TABLE OF CONTENTS Offeror’s RFP Checklist Disclosure Form Proposal Letter Contractor Affidavit and Agreement (eVerify) Schedule of Events Section 1: Project Overview and Instructions Section 2: RFP Standard Information Section 3: Scope of Services Section 4: Professional Proposals Section 5: Cost Proposal Section 6: Evaluation Criteria Section 7: Standard Contract Information Sample Standard Contract 3 | RFP 20-CD03 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’s website at http://www.cityofmiltonga.us to see whether any addenda were issued for the RFP. If so, you must submit a signed cover sheet for each addendum issued along with your RFP response. 9. _______Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 10. _______Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document and be sure to submit all required items on time. Late submittal responses are never accepted. This checklist is provided for assistance only and should not be submitted with Offeror’s response. 4 | RFP 20-CD03 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 20-CD03 RFP# 20-CD03 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 (20-CD03) Planning Services for the 2040 Comprehensive Plan. It is understood and agreed that we have read the City’s specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature______________________________Date_______________________ Print/Type Name______________________________________________________________ Print/Type Company Name Here_______________________________________________ 6 | RFP 20-CD03 CONTRACTOR AFFIDAVIT AND AGREEMENT MUST BE RETURNED WITH PROPOSAL STATE OF GEORGIA CITY OF MILTON By executing this affidavit , the undersigned contractor verifies its compliance with O.C.G.A. § 13 - 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization _________________________________ Name of Contractor Planning Services for the 2040 Comprehensive Plan 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 20-CD03 SCHEDULE OF EVENTS Task Date Issue RFP January 23, 2020 Deadline for Questions February 4, 2020 by 5:00 p.m. EST Answers Posted by the City (Addendum) On or about, February 11, 2020 Proposals Due By 2:00 p.m. EST on February 20, 2020 Award Contract March 16, 2020 (proposed) NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. 8 | RFP 20-CD03 SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton (City) is seeking Proposals from highly qualified firms for consultant planning services to prepare the City’s 2040 Comprehensive Plan which will include but not limited to research projects, recommendations for code revisions, urban planning, and public outreach. This is Milton’s ten (10) year major update of its comprehensive plan. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposals (RFP) is issued until a Contractor 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, Procurement Manager. Any unauthorized contact may disqualify the Offeror from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes, Procurement Manager 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, 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, und uly 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 February 4, 2020. 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 9 | RFP 20-CD03 February 11, 2020. 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 City’s standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by the date for receipt of written/e-mailed questions or with the Offeror’s RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the Offeror’s ability to respond to the RFP or perform the contract. The City reserves the right to address non -material, minor, insubstantial requests for exceptions with the highest scoring Offeror during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all Professionals submitting a response to this RFP. E. Mandatory Requirements. To be eligible for consideration, an Offeror must meet the intent of all mandatory requirements. The City will determine whether an Offeror’s RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 NON-DISCRIMINATION All qualified applicants will receive consideration without regard to age, handicap, religion, creed or belief, political affiliation, race, color, sex or national origin. 1.4 SUBMITTING PROPOSALS Offerors must organize their proposal into sections that follow the following format. This RFP is for one proposal that includes all potential phases of this project. A. Submittal Requirements. Proposals shall include the following: 10 | RFP 20-CD03 1. City of Milton request for proposal cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. City of Milton Proposal letter (information entered) 4. Contractor Affidavit and Agreement (eVerify) 5. Technical Proposal: a. No more than twelve (12) two 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 c. Stapled or spiral-bound. No binders Each Technical Proposal Shall Contain: a. Company Profile: Name, brief profile and year established. Include information for any consultants that will be used as well. b. Project Team: Information about the makeup of the team, specifically the personnel to be assigned to each type of project. For example, including but not limited to the following possible tasks; writing of code revisions, creation of area plan(s), conducting public outreach meetings, etc. Include resume of the proposed individual(s) to be assigned to the above listed projects. If more than one person is identified in the proposal to serve the required functions, then a project lead should be indicated. c. Experience and References: Provide a summary of at least three (3) projects but no more than six (6) projects with services of a similar nature within the last ten (10) years and include any innovative features of projects or delivery methods. Include project references with names, phone numbers and team members involved. Information for each referenced project shall be limited to one (1) standard (8.5” x 11”) page. Referenced projects shall be either constructed or under construction. Inclusion of projects within or in proximity to Milton should take precedence. Additionally, referenced projects should reflect characteristics comparable to those of Milton. Specific Project experience: 11 | RFP 20-CD03 • At least two (2) project examples involving Comprehensive Planning • One (1) project example involving Small Area Planning • One (1) project example involving Creative Placemaking For each project, the Consultant shall provide the following information: a. Project title and location (City and State) b. Name of agency. c. Agency contact, including contact name, phone number, email address, mailing address. d. Project manager (to be relevant, the project manager shall be currently on the proposed team for this project). e. Other key personnel from the Consultant’s team involved with the project and their role f. Project beginning and ending dates. g. Brief description of services provided (brief scope, size, cost, etc.) and specific role in the project (professional services, construction, etc.). h. Photos representative of the completed project if available (conceptual drawings may be provided if relevant and photos are not available). d. Pricing (See Section 5.0) 6. 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 four (4) copies of each submittal (plus a CD or flash 12 | RFP 20-CD03 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, February 20, 2020. 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 City is unable to open files due to data-corruption, password or encryption error, etc., the Offeror’s proposal may be considered incomplete. 4. NOTE: All digital copies must include exactly the same information as provided in the hard copy “Original”. D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the Offeror’s sole risk to assure delivery to the receptionist's desk at the designated office by the designated time. Late proposals will not be opened and may be returned to the Offeror at the expense of the Offeror or destroyed if requested. 1.5 OFFEROR'S CERTIFICATION A. Understanding of Specifications and Requirements. By submitting a response to this RFP, Offeror agrees to an understanding of and compliance with the specifications and requirements described in this RFP. 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. 13 | RFP 20-CD03 B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and Offeror resulting from this RFP process. SECTION 2: RFP STANDARD INFORMATION 2.3 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, 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 an Offeror’s legal counsel attesting to and 14 | RFP 20-CD03 explaining the validity of the trade secret claim is attached to each submittal containing trade secrets. Please contact Honor Motes , Procurement Manager, 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 re quired 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 libraries, unless specifically requested. Information or materials 15 | RFP 20-CD03 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. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. G. Request for Documents Notice. Upon concurrence with the evaluation committee’s recommendation for contract award, the procurement officer may issue a “Request for Documents Notice” to the highest scoring Offeror to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the “Request for Documents Noti ce” 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 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 t he next highest scoring Offeror. I. Contract Award. Contract award, if any, will be made to the highest scoring Offeror who provides all required documents and successfully completes contract negotiation. 16 | RFP 20-CD03 2.4 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: 1. Modify, cancel or terminate this RFP, 2. Reject any or all proposals received in response to this RFP, 3. Select 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. Award a portion of this RFP or not award any portion of this RFP if it is in the best interest of the City not to proceed with contract execution; or 7. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 17 | RFP 20-CD03 SECTION 3: SCOPE OF SERVICES 3.0 Project Description The City of Milton (City) is to select a highly qualified consultant firm or multi- disciplinary professional team (Consultant) with expertise, experience and resources to prepare a Comprehensive Plan (Plan) and, including marketing and placemaking. The City seeks to develop a Plan, which will focus on the Milton’s unique character and quality community development, redevelopment, and economic viability. The results of the planning effort will be a forward-thinking vision for the City with corresponding policies and guidelines to implement the Plan. The current Comprehensive Plan was completed in 2016; the deadline for completion of the next Plan is July 31, 2021. The anticipated timeline for this effort is 12 - 16 months. Among the key objectives are: 1. Plan Regulations a. Develop a Comprehensive Plan through a community driven process that exceeds the requirements pursuant to the Rules of Georgia Department of Community Affairs (DCA), Chapter 110-12-1, Standards and Procedures for Local Comprehensive Planning, effective October 1, 2018. 2. Public Education and Community Engagement a. Develop an innovative public engagement/communication strategy to include an online presence and online surveys that communicates key messaging and milestones to the broadest cross section of stakeholders, citizens, residents and property owners. b. Educate the public through learning techniques and communicate the long- range implication of comprehensive planning. 3. Future Thinking a. Plan for future economic, transportation and demographic trends and market changes. b. Evaluate and make recommendations for smart city readiness for emerging technologies like micro mobility options, autonomous vehicles (artificial intelligence), on-line retail, automated employment, etc. 4. Community and Economic Development a. Redefine and confirm character areas throughout the City and align with the appropriate land uses and zoning. 18 | RFP 20-CD03 b. Identify and define economic development character areas and discuss appropriate business (including agri-business) and consider the location, quality and design of future development, in context of fiscal and market realities. c. Focus master planning efforts on key target locations to guide future development in a way that not only maintains the character that makes Milton unique, but allow for modest growth and appropriate redevelopment character in designated areas. Work with City’s GIS Division and GIS Consultant to include 3D modeling related to target areas, as appropriate. d. The Plan will need to consider the location, quality and design of future development potential to ensure the City continues to maintain a vibrant economy. 5. Sustainability and Preservation of Greenspace a. Evaluate the impact of the City owned Greenspace/ Preserves on the community and consider and discuss a strategy to maintain, improve and or increase these assets within the City. 6. Public Art a. Confirm existing and/or establish new opportunities for the display of Public Art. Public Art should be thought of in all the various forms of art that appeals to the human senses to include, but limited to paintings, sculptures, photography, dance, sound, pieces that may be temporary and/or permanent, static and/or interactive, indoors and/or outdoors. 3.1 Project Management The City’s Community Development Department Director or designee shall serve as the project manager. The Consultant agrees to take direction from the project manager and to make all project documentation available upon request. The project manager shall have sole discretion as to the acceptability of all work. Key Project Task Include: 1. Work with the project manager to develop the planning process strategy framework, including the project schedule, which will serve as a road map for the entire planning effort. The framework should employ a combination of best practices, new approaches and be tailored to Milton’s unique needs. 19 | RFP 20-CD03 2. Initiate the planning process will began with a community education program, developed in collaboration with the project manager that focus on these major areas: a. Market/Economic Realities b. Growth and Population Projection c. Demographic Changes and Shifts d. Development Trends and New Urbanism/Traditional Neighborhood Design e. Design/Scale/Bulk vs Density f. Principles of Placemaking 3. Review and analyze existing plans, projects, studies regulations and manuals, as well as any additional information that may influence the planning process for this Plan. 4. Develop a community engagement/outreach strategy that exceeds Section 110-12-1--.02(2). The strategy should accomplish the following goals: 1) proactively and positively communicate with the public so that they understand and can participate in every step of the plan development. 2) Present information in an engaging and understandable manner through both traditional and modern approaches such as; interactive and visual tools, video, social media, web and one-line platforms, media relations, charrette, outreach and other tactile communications. Consultant will work closely w ith the project manager to implement the communication strategy throughout the project. 5. Work with the project manager, technical committee and comprehensive plan advisory committee (CPAC) to develop a plan, that meets and exceeds the Minimum Standards and Procedures for Local Comprehensive Planning and the established planning process. The technical committee will consist of staff and technical expertise from local and regional agencies to advise on technical and industry correctness. CPAC will serve to help facilitate the plan development by providing guidance regarding local preferences and make recommendations regarding the four components of the Comprehensive Plan, which are 1) General Vision Statement, 2) List of Community Goals, 3) Community Policies, and 4) Character Area and Defining Narrative; and reviewing draft materials. 6. Prepare public meeting agendas, presentation and meeting materials, meeting summaries, sign-in sheets, comment cards, copies of resulting sketches, maps, graphics engagement exercise, etc. All materials provided in advance for review and afterward for posting on City/Project web site. 20 | RFP 20-CD03 7. Deliver a final document that satisfies in all respects current requirements outlined in Chapter 110-12-1 of the Department of Community Affairs Minimum Standards and Procedures for Local Comprehensive Planning. The result is an inclusive Comprehensive Plan that adheres to the DCA guidelines and that promote orderly growth and development consistent with the goals, objectives, and vision of the community. 8. In addition to the community engagement meetings, the Consultant will attend the public hearings as requested by the Client and the adoption meeting of the City Council to respond to any questions or comments, and where appropriate, make presentations regarding the Plan Deliverables: • Draft Comprehensive Plan that is revised as needed to address comments identified during the public hearing and approval process; • Rendered Arnold Mill small area plans with parcel level details recommendations, architectural renderings, etc. that can stand alone as separate guiding documents, as needed; • Address comments identified by ARC and DCA and include necessary changes in document; • Final Draft incorporating comments and changes identified during the planning process • Digital Copy (Native file & Acrobat Adobe PDT) of the complete final Comprehensive Plan; • All maps created in the latest version of ESRI ArcGIS and GIS shapefiles provided for all newly created or edited data. PDF and JEPEG files must be submitted for each map included in the Final Plan; • All tables shall be submitted in separate Microsoft forma; and • Ten (10) printed and bounded copies of the complete final Comprehensive Plan. 3.2 Meetings: Consultant will be required to plan and attend community meetings as well as project team meetings, stakeholder meetings, and present at Planning Commission and City Council Meetings. Provide an hourly rate for meetings an d conference calls. 21 | RFP 20-CD03 SECTION 4: OFFEROR PROPOSALS 4.0 CITY’S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the Professional to provide the supplies and/or perform the services specified. 4.1 OFFEROR INFORMATIONAL REQUIREMENTS Firms interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. SECTION 5: COST PROPOSAL - SUBMIT IN A SEPERATELY SEALED ENVELOPE Consultants must use their own form to provide the cost of services. The cost proposal must include an hourly rate for extra community meetings. SECTION 6: EVALUATION CRITERIA 6.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the Proposals according to the following criteria: • A selection team for the City will initially evaluate and score all submittals received. • Proposals not meeting the minimum requirements and those who are non-responsive will not be considered. Submittal Evaluation Criteria Company and Consultant 20 pts • Proximity and availability of key personnel Project Team Qualifications 35 pts • Program manager qualifications • Design/Planning project manager qualifications Project Team Experience and References 35 pts • Quality and experience of company and consultants • Ability to meet schedules Cost 10 pts 22 | RFP 20-CD03 Total Possible Points Available are 100 points. 1. Interviews and Product Demonstration If applicable, short-listed Vendors will be invited to make a presentation to the City of Milton. At this time, they can provide live demonstrations and discuss the benefits with the City. A question and answer will follow the presentation. 2. Final Ranking Upon completion of the interviews and demonstrations, the evaluation committee will rank the short-listed proposals based on a combination of the evaluation scores and presentation scores. The top-ranked proposal will be recommended for contract award, pending successful negotiations. SECTION 7: STANDARD CONTRACT INFORMATION 7.0 STANDARD CONTRACT The City’s standard contract is attached to this document as Appendix A. Offeror 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 Offeror’s RFP response. Any requests for material, substantive, important exceptions to the standard contract will be addressed in any formal written addendum issued by the procurement officer in charge of the solicitation. The City reserves the right to address any non- material, minor, insubstantial exceptions to the standard contract with the highest scoring Offeror at the time of contract negotiation. 7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the Offeror’s RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City’s standard contract, attached as Appendix A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring Offeror. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. 7.2 SUBCONTRACTOR The highest scoring Offeror will be the prime contractor if a contract is awarded 23 | RFP 20-CD03 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-contractor or agents and of persons directly or indirectly employed by such sub-contractor, and for the acts and omissions of persons employed directly by the Contractor. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any subcontractor and the City. 7.3 GENERAL INSURANCE REQUIREMENTS See sample contract. 7.4 COMPLIANCE WITH WORKERS’ COMPENSATION ACT The Contractor is required to supply the City of Milton with proof of compliance with the Workers’ Compensation Act while performing work for the City. Neither the Contractor nor its employees are employees of the City. The proof of 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 OFFERORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 7.5 COMPLIANCE WITH LAWS The Contractor must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or sub-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. ~ SAMPLE CONTRACT INTENTIONALLY OMITTED ~ RFP 20-CD03 Addendum #1 1 | P a g e ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 20-CD03 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL ADDRESS: Signature Date ADDENDUM #1 RFP 20-CD03 Addendum #1 2 | P a g e ADDENDUM #1 RFP 20-CD03 This Addendum forms a part of the contract documents and modifies the original RFP documents as noted below: Questions and Answers 1. What is the proposed or estimated budget for the planning services for the 2040 Comprehensive Plan? The City does not have a fixed budget for the Comprehensive Plan Project. The consultants should put together comprehensive proposals covering the entire scope of work. 2. What level of detail/sophistication is being sought for the Arnold Mill small area plans? (Section 3.1, p. 20, Deliverables) The Arnold Mill sub area plan should update the existing Arnold Mill master plan with a visioning document that can inform appropriate zoning changes for the area at a later date. This should be a high-level visioning exercise with the proposed development types. There could also be a phased approach. Phase 1 is the comprehensive plan and the Phase 2 could be the visioning exercise based on the feedback of the project team. 3. Have additional areas been designated for focused master planning efforts in addition to Arnold Mill? (Section 3.0, Item c., p.18) Arnold Mill is the identified area expected for the visioning update; however, if during the planning process the community identifies an alternate area or an additional area the team will decide how to proceed at that time. Additional areas are not part of the current scope of work. 4. The RFP mentions that the City currently utilizes a GIS consultant. What role will the GIS Department and GIS consultant play in producing mapping projects related to the development of the Comprehensive Plan, as opposed to the Consultant Team selected for the Comprehensive Plan? For example, will the GIS Department and Consultant just provide the base data for the 3D modeling, be an active partner in the 3D model development, or actually produce the 3D model based on input from the Comprehensive Plan Consultant (Section 3.0, Item c., p.18) The Milton GIS department will provide base data of property parcels and other information. The consultant team selected for the comprehensive plan will be responsible for producing additional GIS data and modeling as necessary. 5. What ArcGIS software is the City currently using (both on the server side and desktop) and what releases? In particular, what software and format is the City using for your 3D modeling? The City of Milton has an Enterprise License Agreement (ELA) with Esri. As such all of our GIS software is on the ArcGIS platform. On server side, we are currently at version 10.5.1, but have plans to upgrade soon to 10.7.1. On the desktop side, user versions range from 10.5.1 to 10.7.1. Regarding 3D modeling: currently, the City does not make use of 3D in its RFP 20-CD03 Addendum #1 3 | P a g e GIS. However, the City has a license for Esri’s City Engine which we plan to make use of at some point in the future. 6. Does the City expect to utilize its own website/online tools to host information about the planning effort or do you aim to have a separate online outreach platform developed and managed by the consultant team? The chosen consultant should provide a project website that can be linked from the City of Milton’s website. 7. Please clarify whether the City desires for the resulting Comprehensive Plan document to include an Economic Development Element and/or a Housing Element, both of which are considered to be ‘optional’ elements per the DCA Minimum Standards. (Note: the scope includes references to objectives “Future Thinking” and “Community and Economic Development” which seem to indicate interest in a specific Economic Development element, but that is not explicitly called for.) Yes, the City does want to include an Economic Development and Housing element. 8. What is the proposed or estimated budget for the planning services for the 2040 Comprehensive Plan? The City does not have a fixed budget for the Comprehensive Plan Project. The consultants should put together comprehensive proposals covering the entire scope of work. EXHIBIT “B” TSW Contact: Thomas Walsh 1447 Peachtree Street NE Suite 850 Atlanta, GA 30309 404.873.6730 x121 twalsh@tsw-design.com www.tsw-design.com REQUEST FOR PROPOSAL #20-CD03 DUE: FEBRUARY 20, 2020 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF MILTON PLANNING SERVICES FOR THE 2040 COMPREHENSIVE PLAN COPY No Text TSW 1447 Peachtree Street NE, Suite 850 Atlanta, GA 30309 Thomas H. Walsh, Founding Principal 404.873.6730 x121 N/A twalsh@tsw-design.com58-1873676 TSW 1447 Peachtree Street NE, Suite 850 Atlanta, GA 30309 Thomas H. Walsh, Founding Principal 404.873.6730 x121 N/A twalsh@tsw-design.com58-1873676 iiiTSW TEAM | CITY OF MILTON: PLANNING SERVICES FOR THE 2040 COMPREHENSIVE PLAN TSW N/A N/A N/A iv TSW TEAM | CITY OF MILTON: PLANNING SERVICES FOR THE 2040 COMPREHENSIVE PLAN February 18, 2020 Thomas H. Walsh, Founding Principal TSW February 18, 2020 Thomas H. Walsh, Founding Principal TSW vTSW TEAM | CITY OF MILTON: PLANNING SERVICES FOR THE 2040 COMPREHENSIVE PLAN 208896 April 24, 2009 Tunnell-Spangler & Associates, Inc. d/b/a TSW Feb 18 20 ATL GA Thomas H. Walsh, Founding Principal 18th February 20 208896 April 24, 2009 Tunnell-Spangler & Associates, Inc. d/b/a TSW Feb 18 20 ATL GA Thomas H. Walsh, Founding Principal 18th February 20 vi TSW TEAM | CITY OF MILTON: PLANNING SERVICES FOR THE 2040 COMPREHENSIVE PLAN COMPANY PROFILE SECTION A TSW TSW is an Atlanta-based, full-service planning, ar- chitecture, and landscape architecture firm with approximately 30 full-time employees. Maintain - ing a small office size allows our principals to be hands-on in every aspect of a project and allows for more multidisciplinary collaboration. TSW works throughout the United States on a variety of proj - ects, including comprehensive plans, downtown and corridor planning studies, coding and design guidelines, residential and community architec- ture, park and recreation facilities, and streets- cape projects. Our multidisciplinary approach goes beyond planning and design to incorporate real world knowledge of sustainability, develop - ment and retail economics, and feasibility. Imple - mentation is a key focus of all of TSW’s plans and we are especially proud of our experience of im - plementation. In addition, meaningful stakehold- er involvement allows us to incorporate the aspi - rations of our client and other stakeholders and build on local and/or regional identity to establish a market niche and a strong sense of place. Tunnell-Spangler & Associates was founded in 1990 by partners William T. Tunnell and Jerry W. Spangler in Atlanta, Georgia. TSW builds upon the foundation of two predecessor firms whose founders worked with Charles Fraser and the Sea Pines Company. The firm’s name was changed to Tunnell-Spangler-Walsh & Associates in Septem - ber of 2002 when principal Thomas H. Walsh be - came a partner in the firm, and was shortened to TSW in 2013. TSW TEAM OVERVIEW TSW will lead the comprehensive planning effort and focus on overall planning, implementation strat- egies, public involvement, and project management. Also included on our team are: Noell Consulting Group for economic and market analysis; Gresham Smith for transportation planning and engineer- ing; and Southface for sustainability community engagement/education session. Currently, our personnel includes: 4 registered architects, 8 project architect designers, 4 reg- istered landscape architects, 8 landscape de- signers, 12 planners (9 with AICP accreditation), 10 LEED Accredited Professionals, and 2 adminis- trative employee. Several staff members work in multiple studios. TSW CONTACT INFORMATION: Principal-in-Charge: Thomas Walsh Email: twalsh@tsw-design.com Project Manager: Laura Richter Email: lrichter@tsw-design.com 1447 Peachtree St NE, Suite 850, Atlanta, GA 30309 Phone: 404.873.6730 Web: www.tsw-design.com NOELL CONSULTING GROUP Formed in 2008, Noell Consulting Group, Inc. is a real estate advisory services firm based in Atlan- ta geared toward providing private and public sector clients with advice that is Marketunistic— market-based, yet opportunistic—in perspective. The research, analysis, and advice provided by Noell Consulting Group allows its clients to make decisions that are well-grounded in reality while taking full advantage of opportunities that exist in the market; including opportunities that may not be readily apparent locally. In doing so, Noell Consulting Group provides insights into not only where the market is today, but where the market it is heading in the coming years. 1TSW TEAM | CITY OF MILTON: PLANNING SERVICES FOR THE 2040 COMPREHENSIVE PLAN Well-versed in markets throughout the US, Noell Consulting Group provides strategic advice that spans the array of residential and commercial product types, including more complex and dy- namic mixed-use projects. Our goal when study- ing any of these land uses, either in combination or as stand-alone products, is to understand who is demanding these products, what they are seek- ing, how these products can satisfy their needs, and how these products and projects should be positioned in the competitive market to maximize opportunities for success. Our services include: Transit-Oriented Development Analysis (TOD) Retail Strip Corridor Revitalization Housing Needs Assessments Urban Core Analysis and Strategy Neighborhood Revitalization Analyses Disposition Analysis Project Feasibility Assessments relative to TAD/ TIF Funding Retail Demand/Supply Analyses Demographic/Economic Growth Analysis Financial Analysis Checks to Ensure Potential Project Feasibility NOELL CONSULTING GROUP CONTACT INFORMATION: David Laube, Principal Email: dlaube@noellconsulting.com 130 Krog Street NE, Suite Z, Atlanta, GA 30307 Phone: 404.681.0006 Web: www.noellconsulting.com GRESHAM SMITH Gresham Smith is an architecture, engineering and design practice that provides creative solu- tions while genuinely caring for each other, our clients and our communities. With 27 locations throughout the US and Asia, and a home office in Nashville, we offer a global perspective with a local feel. That means we not only bring a broad range of experience to the picture, but we also really get to know our clients, their business and the entire landscape of their project. As a full service firm for over 52 years, Gresham Smith’s team of planners, landscape architects, and engineers work seamlessly to develop cor- ridor plans that not only improve traffic, but en- hance safety and connectivity and create in- viting spaces for all travelers. We have used our local and national expertise in corridor studies, active transportation plans, and innovative road- way concepts to establish ourselves as a nation- al leader for multimodal planning and design. We have authored national multi-modal design guidelines such as the NCHRP 880; implemented projects which are being used as case studies in the NACTO Urban Street Stormwater Guide; and frequently conducted training on implementing Complete Streets projects nationwide. GRESHAM SMITH CONTACT INFORMATION: Erin Thoresen, Senior Transportation Planner Email: erin.thoresen@greshamsmith.com 1125 Sanctuary Parkway, Suite 350 Alpharetta, GA 30009 Phone: 770.754.0755 Web: www.greshamsmith.com SOUTHFACE Southface is a nonprofit promoting sustainable communities. We envision a regenerative econo- my through responsible resource use, social equi- ty, and a healthy built environment for all. For the past 40 years, Southface has been a leader in the research, design, and transformation across the Southeast. Over this time, we have driven innova- tive solutions to address resource efficiency, build- ing science, and sustainable communities. Our team creates energy, land use, and community planning solutions to problems at the intersection of the natural and built environments. We envi- sion a balance of urban, rural, and wild lands with economic, environmental, and social equity. SOUTHFACE CONTACT INFORMATION: Robert Reed, Advisor, Community Planning Email: rreed@southface.org 241 Pine Street NE, Atlanta, GA 30308 Phone: 404.604.3646 Web: www.southface.org 2 TSW TEAM | CITY OF MILTON: PLANNING SERVICES FOR THE 2040 COMPREHENSIVE PLAN PROJECT TEAM SECTION B TSW TEAM PROJECT MANAGEMENT PRINCIPAL-IN-CHARGE: THOMAS WALSH PROJECT MANAGER: LAURA RICHTER THOMAS WALSH LAURA RICHTER SARAH MCCOLLEY CALEB RACICOT + SUPPORT STAFF TSW TEAM ORGANIZATION & PROJECT MANAGEMENT The following staff members that are included in the organizational chart below will be assigned to the project, if awarded, and will remain on the project throughout its duration. If a staff member does need to be replaced because of unforeseen circumstances, the City of Milton will be notified imme- diately and that staff person will be replaced by another staff member with equal or greater qualifi- cations and experience. Thomas Walsh, a Founding Principal at TSW, will serve as the Principal-in-Charge. Tom is a community planner specializing in leading multidisciplinary teams in the planning and design of livable communi- ties and comprehensive plans. Tom has experience in directing projects in both the public and private sectors and has broad experience with facilitating the public involvement process. Laura Richter, an Associate at TSW, will serve as the Project Manager. Laura has successfully managed numerous large-scale municipal planning efforts and has a thorough understanding of Georgia’s comprehensive planning process. She is a dynamic planner who enjoys interacting with the commu- nity and can lead groups toward consensus. LAND USE, CODING URBAN DESIGN, COMMUNITY FACILITIES COMMUNITY PARTICIPATION OUTREACH COORDINATOR: + SARAH MCCOLLEY COMMUNITY EDUCATION PROGRAM SPEAKERS + THOMAS WALSH + LAURA RICHTER + DAVID LAUBE + ROBERT REED WORKSHOPS + MEETINGS: + THOMAS WALSH + LAURA RICHTER + SARAH MCCOLLEY + DAVID LAUBE + ERIN THORESEN + ROBERT REED ERIN THORESEN NITHIN GOMEZ + GRESHAM SMITH SUPPORT STAFF TRAFFIC, CONNECTIVITY, TRANSPORTATION STRATEGIES ROBERT REED THOMAS WALSH LAURA RICHTER SARAH MCCOLLEY + SUPPORT STAFF SUSTAINABILITY, NATURAL, HISTOR- IC & CULTURAL RESOURCES DEMOGRAPHICS, ECONOMICS DEVELOPMENT, HOUSING DAVID LAUBE LAURA RICHTER SARAH MCCOLLEY + NOELL CONSULTING GROUP SUPPORT STAFF TSW: THOMAS WALSH, LAURA RICHTER, SARAH MCCOLLEY, CALEB RACICOT + SUPPORT STAFF NOELL CONSULTING GROUP: DAVID LAUBE + SUPPORT STAFF GRESHAM SMITH: ERIN THORESEN, NITHIN GOMEZ + SUPPORT STAFF SOUTHFACE: ROBERT REED 3TSW TEAM | CITY OF MILTON: PLANNING SERVICES FOR THE 2040 COMPREHENSIVE PLAN THOMAS WALSH ROLE: PRINCIPAL-IN-CHARGE/ PLANNER Education: Bach. of Landscape Architecture, Louisiana State University Professional Status: Registered Landscape Architect Representative Experience: Downtown Milton/Crabapple Placemaking Plan (Milton, GA) - Principal-in-Charge for a plan focusing on Crabapple as an area of growth, TDR receiving area, and downtown for Milton. The plan provides recommendations on future development, street and pedestrian connec- tions, parks and open spaces, parking, and historic preservation. The City has begun imple- menting recommendations from this plan. City of Johns Creek Comprehensive Plan (Johns Creek, GA) - Principal-in-Charge for major up- date to Johns Creek 2030 Comprehensive Plan in coordination with the City’s Transportation Master Plan and Green Plan. Augusta Sustainable Development Imple- mentation Program (Augusta, GA) - Princi- pal-in-Charge for HUD sponsored 4.5-mile corri- dor revitalization plan focused on multi-modal transportation, urban design, and affordable housing. The program also includes an exten- sive public outreach effort. Make East Lake Yours (East Lake MARTA TOD) LCI (Decatur, GA) - Principal-in-Charge for a transit-oriented development within 1/2-mile of the East Lake MARTA station that focuses on affordable and workforce housing, mixed- use development, improved connectivity to the station, and open space that reaches MARTA’s density requirements while blending with the neighborhood context. #CantonForward LCI (Canton, GA) - Princi- pal-in-Charge for plan that connects Down- town with the River Mill District to maximize mixed-use development, improve connectivi- ty, and identify catalyst projects to strengthen existing businesses and attract new investment. LAURA RICHTER ROLE: PROJECT MANAGER / PLANNER Education: Master of City & Regional Planning, Georgia Institute of Technology Master of Architecture, Georgia Institute of Technology Bachelor of Science in Architecture, Honor Graduate, Georgia Institute of Technology Professional Status: American Institute of Certified Planners (AICP), Associate, American Institute of Architects Representative Experience: One Chamblee Comprehensive Plan (Cham- blee, GA) - Project Manager for comprehen- sive plan update that incorporated synthesizing recommendations from recent planning efforts and developed small area plan recommenda- tions for potential redevelopment. City of Rome/Floyd County/Cave Spring Com- prehensive Plan (Chamblee, GA) - Project Manager for unified plan for Floyd County that focuses on keeping the current comprehensive plan relevant while producing more modern recommendations. City of Johns Creek Comprehensive Plan (Johns Creek, GA) - Project Manager for major update to Johns Creek 2030 Comprehensive Plan in coordination with the City’s Transporta- tion Master Plan and Green Plan. City of Powder Springs Comprehensive Plan Update (Powder Springs, GA) - Project Manag- er for Comprehensive Plan Update to keep the Comprehensive Plan relevant and produce new recommendations for implementation. Gwinnett Unified Plan (Gwinnett County, GA) - Project Planner for county-wide comprehen- sive plan that included an extensive outreach effort and public engagement with TSW focus- ing on land use, housing, and outreach com- ponents and tasks. 4 TSW TEAM | CITY OF MILTON: PLANNING SERVICES FOR THE 2040 COMPREHENSIVE PLAN CALEB RACICOT ROLE: PROJECT ADVISOR / CODING SPECIALIST Education: Master of City & Regional Planning, Georgia Institute of Technology Bachelor of Science in Environmental Design, University of Massachusetts at Amherst Professional Status: American Institute of Certified Planners (AICP), LEED Accredited Professional Representative Experience: City of Milton Form-Based Codes (Milton, GA) - Principal-in-Charge for locally-calibrated SmartCode for the Crabapple and Deerfield (Highway 9 corridor) areas. Both codes includ- ed an extensive public participation process. City of Milton Historic Preservation Design Guidelines (Milton, GA) - Principal-in-Charge/ Project Manager for historic preservation de- sign guidelines to protect the visual qualities of local historic districts and landmarks. The guidelines provide standards for renovations an additions to historic buildings an for new buildings constructed in historic districts. Decatur Unified Development Ordinance (De - catur, GA) - Principal-in-Charge/Project Man- ager developing a unified development code that support the 2010 Decatur Strategic Plan. City of Atlanta Zoning Ordinance Rewrite As- sessment (Atlanta, GA) - Principal-in-Charge for the assessment of the City’s zoning code and identification of other zoning ordinance models/ typologies that may be appropriate for the City. Hapeville Urban Design Standards (Hapeville, GA) - Principal-in-Charge/Project Manager for urban design standards for the downtown area. City of Snellville Towne Center Districts (Snell - ville, GA) - Principal-in-Charge Towne Center Districts regulations to support the vision of the 2003 LCI, 2030 Comprehensive Plan, and Towne Center Master Plan. City of McDonough Unified Development Ordi- nance (McDonough, GA) - Principal-in-Charge for developing a unified development code. SARAH MCCOLLEY ROLE: PROJECT PLANNER / OUTREACH COORDINATOR Education: Master of City & Regional Planning, Georgia Institute of Technology Bachelor of Landscape Architecture, Honor Grad- uate, Summa Cum Laude, Ball State University Professional Status: American Institute of Certified Planners (AICP) Representative Experience: Downtown Milton/Crabapple Placemaking Plan (Milton, GA) - Project Manager and Planner for a plan focusing on Crabapple as an area of growth, TDR receiving area, and downtown for Milton. The plan provides recommendations on future development, street and pedestrian connections, parks and open spaces, parking, and historic preservation. The City has begun implementing recommendations from this plan. Make East Lake Yours (East Lake MARTA TOD) LCI (Decatur, GA) - Project Manager for a transit-oriented development within 1/2-mile of the East Lake MARTA station that focuses on affordable and workforce housing, mixed- use development, improved connectivity to the station, and open space that reaches MARTA’s density requirements while blending with the neighborhood context. The LCI study included an involved public input program, with two online surveys, 6,000 post cards, a design workshop, and multiple public open houses. Buckhead Action Plan LCI Update (Atlanta, GA) - Project Planner and Outreach Coordina- tor for major update to the existing LCI study, focusing on recommendations to help the community achieve greater connectivity and placemaking for current and future residents. Cultivate Lake City: Downtown Master Plan (Lake City, SC) - Project Manager and Plan- ner for a downtown master plan to guide fu- ture development and enhance connectivity in the area. The planning process included an extensive public participation program to en- sure that the vision was community-supported. 5TSW TEAM | CITY OF MILTON: PLANNING SERVICES FOR THE 2040 COMPREHENSIVE PLAN DAVID LAUBE ROLE: ECONOMIC ANALYST Education: Bachelor of Building Construction, Certificate in Land Development, Georgia Institute of Technology Representative Experience: Atlanta BeltLine Real Estate, Housing & Econom- ic Development Action Plan (Atlanta, GA) - Prin- cipal-in-Charge and lead on a seven-month, comprehensive analysis of market and existing conditions, resources and staff, and potential new revenue sources, providing best practices to develop the ABI strategic action plan. River Mill LCI Master Plan Update (Canton, GA) - Subconsultant for TSW, contributing market analysis to update demand potential and de- velopment opportunities and project future trends in the Downtown and River Mill area. Lakewood LCI Plan (Atlanta, GA) - Subcon- sultant for TSW, providing guidance informing the market and economic analysis portion of the plan and identifying specific development and redevelopment opportunities to maximize community revitalization potential. 3rd and 4th Corridors Development Plan(Chat- tanooga, TN) - Subconsultant for Urban Design Associates, conducting a 2-part market anal- ysis identifying development and redevelop- ment opportunities in the 3rd and 4th Street corridors of downtown Chattanooga. An in- depth market analysis was followed by a 2nd phase testing feasibility from an intensity/finan- cial perspective. City of Culver City Retail Market Analysis (Culver City, CA) - Lead consultant to review a proposed private sector development in light of current market conditions, forecasted market trends, and evolution of the retail market. Results were presented in a council meeting to aid in voting for a unanimous approval of the development. Multiple Land Use Market Analyses for Newport US RE (Atlanta, GA) - Led multiple market studies on individual phases as well as an overall mar- ket study to guide future acquisitions and devel- opments within a rebranded/revitalizing part of Downtown Atlanta. ERIN THORESEN ROLE: SENIOR TRANSPORTATION PLANNER Education: Master of Urban Planning, University of Michigan Bachelor of Arts, Kalamazoo College Professional Status: American Institute of Certified Planners (AICP) Representative Experience: Town Center CID, Chastain Road LCI Corridor Study (Kenneasw, GA) - This corridor study will identify strategies to improve the safety and efficiency, with a focus on creating a walk- able environment and identifying catalysts for vibrant, public-oriented space and redevel- opment. It will include recommendations for a “Complete Street” concept with a focus on urban design, wayfinding and signage, and integrated “smart corridor” technology to im- prove multimodal travel and create a stron- ger sense of place. As Project Manager Erin oversees day-to-day work, including analysis, public engagement, client interactions, and development of recommendations. Cobb County DOT - On-Call Transportation, Planning & Environmental Services - Green- ways and Trails Master plan (Cobb County, GA) - The Greenways and Trails Master Plan will serve as a guide for the expansion of green- ways and trails throughout Cobb County. Erin was responsible for day-to-day oversight of the project, a substantial proportion of community and stakeholder outreach, research and analy- sis, and production of the draft and final report. Tucker Strategic Transportation Master Plan (Tucker, GA) - Gresham Smith played an inte- gral role in VHB’s team developing the City of Tucker’s first ever Strategic Transportation Mas- ter Plan (STMP). Erin was responsible for lead- ing the facility inventory and development of recommendations and led development of the crossing location assessment memo which supported the implementation project. 6 TSW TEAM | CITY OF MILTON: PLANNING SERVICES FOR THE 2040 COMPREHENSIVE PLAN ROBERT REED ROLE: SUSTAINABILITY EXPERT Education: BA, Georgia Institute of Technolo - gy, College of Architecture National Charrette Institute - Charrette Manager Robert is the Senior Director at Southface, which promotes sustainable homes, workplaces and communities through education, research, ad- vocacy and technical assistance. Robert leads Southface’s Regenerative Places & Spaces team. Through community engagement and diverse partnerships, the Regenerative Places & Spac- es team implements sustainability programs that range from residential homes to regional com- munity planning, thereby improving the quality of life for residents regardless of income level. Robert’s leadership drives our communities to- wards Southface’s vision for a regenerative econ- omy, responsible resource use and social equity through a healthy built environment for all. Representative Experience: One Chamblee Comprehensive Plan (Cham- blee, GA) - Sustainability Expert for comprehen- sive plan update that incorporated synthesized recommendations from recent planning efforts and developed small area plan recommenda- tions for potential redevelopment. Augusta 15th Street Corridor (Augusta, GA) - In partnership with TSW, developed Sustainable Design Standards for form based code. Imple- menting renewable energy, local agriculture and green infrastructure into zoning regula- tions. Midtown Greenprint (Atlanta, GA) - Building on Midtown Alliance’s successful “Blueprint”, the team planned Midtown’s next step toward a sustainable future with programs for energy, water, transportation, greenspace and waste. DeKalb Energy and Sustainability Plan (DeKalb County, GA) - County-wide engagement to align DeKalb’s regulatory and community en- vironment with sustainability. Georgia Plan- ning Association Award of Excellence. NITHIN GOMEZ ROLE: SENIOR TRANSPORTATION ENGINEER Education: Master of Science, Civil Engineering, Vanderbilt University Bachelor of Science, Civil Engineering, Indian Institute of Technology Professional Status: Professional Engineer: GA (038053) Representative Experience: City of Brookhaven, Comprehensive Transpor- tation Plan (Brookhaven, GA) - Gresham Smith prepared the City of Brookhaven’s first Com- prehensive Transportation Plan (CTP) in 2014. The team assessed the existing transportation system, projected future needs, and proposed a series of recommendations, including road- way and intersection improvements, bicycle and pedestrian facilities, and transportation demand management strategies, to meet the established community vision. Nithin led the traffic analysis and transportation elements to the original CTP. City of Milton, Hopewell Road at Bethany Bend/ Way Intersection Improvements (Milton, GA) - As the lead Traffic Engineer, Nithin led the traffic analysis, development of concepts and traffic modeling of alternatives as part of a conceptual study to improve safety and operations along a section of Hopewell Road. GDOT, Traffic Projections/Forecasting Studies (Districts 3, 6 and 7) - Gresham Smith is current- ly under an On-Call IDIQ contract with GDOT to conduct design-level traffic forecasting work for transportation projects located in Dis- tricts 3, 6 and 7. Nithin’s experience included managing four internal forecasting teams, two sub-consultants, and four vendors. He was also in charge of monitoring contact performance with respect to scope, schedule and budget and was the person in charge working direct- ly with GDOT’s Design Traffic Group and with GDOT’s internal and external customers repre - senting the Design Traffic Group. 7TSW TEAM | CITY OF MILTON: PLANNING SERVICES FOR THE 2040 COMPREHENSIVE PLAN TSW ProjectNoell Consulting Group ProjectGresham Smith ProjectComprehensive Planning Process Urban Planning / Small Area DesignResearch & AnalysisCode Revisions / RecommendationsFeasible RecommendationsAction / Implementation StrategyCreative PlacemakingEmerging TechnologiesSustainability RecommendationsCommunity Education/EducationVisioning GraphicsChamblee Comprehensive Plan Rome-Floyd Comprehensive Plan Powder Springs LCI & Comprehensive Plan Clarkston LCI & Comprehensive Plan Braselton Comprehensive Plan Johns Creek Comprehensive Plan Kingsport (TN) Downtown Master Plan Evans Town Center Urban Design Plan Milton/Crabapple Placemaking Plan Peachtree City LCI Atlanta BeltLine Subarea 10 Update Atlanta BeltLine Econ Dev Action Plan Suwanee LCI, Downtown Suwanee MP Canton Rental Residential Market Analysis Lawrenceville Executive Housing Analysis Downtown Chattanooga Market Analysis Charlotte (NC) Demand Allocation Analysis Culver City (CA) Retail Market Analysis Cobb County Transportation On-Call Brookhaven Comp Transportation Plan Douglas Co Transportation Services Plan City of Roswell East Alley Chastain Road LCI Corridor Study Chattahoochee RiverLands Greenway Tucker Strategic Transportation Master Plan RECENT EXPERIENCE & REFERENCES SECTION C 8 TSW TEAM | CITY OF MILTON: PLANNING SERVICES FOR THE 2040 COMPREHENSIVE PLAN Economic development opportunities to aid in the attraction of new businesses, and jobs. Expansion of the City’s tax base via the annex- ation and development of nearby parcels in unincorporated Cobb County. Recommendations to develop vacant/under- developed areas within the City, outside of downtown. (Construction on the Town Green and surrounding development is underway.) Adjustments to the City’s current future devel- opment plan to ease the implementation of the plan’s eventual recommendations. REFERENCE CONTACT: Tina Garver, Community Development Director Phone: 770.943.8801 ext. 361 Email: tgarver@cityofpowdersprings.org City of Powder Springs 4488 Pineview Drive, Powder Springs, GA 30127 PROJECT MANAGER: Laura Richter OTHER KEY PERSONNEL: Sarah McColley, Project Planner PROJECT DATES: September 2016 - October 2017 POWDER SPRINGS, GA TSW was retained to lead a team to prepare a major update to the City of Powder Springs’ Comprehensive Plan (last updated in 2007) that would build off of the momentum of the City’s recently completed LCI study of their downtown (also completed by TSW). The previous compre- hensive plan had predicted a large increase in population and housing by 2015, but the housing crisis and recession that occurred after the plan’s completion had drastically affected the city’s rate of growth and development. The goal of the comprehensive plan update was to create a plan that was more aligned with the city’s current population and housing demands, while creating opportunities for Powder Springs to participate in the region’s recent surge in population and em- ployment. The success of the project was heavily dependent on effective outreach and public en- gagement via an online community input survey and planning workshop attendance. The plan was adopted in October 2017 and ad- dresses: Strategies to expand the City’s trail system and transit opportunities. CITY OF POWDER SPRINGS COMPREHENSIVE PLAN 9 views, an online and paper survey, four pub- lic meetings, two pop-up events to gather input and advertise upcoming meetings and regular meetings with a 35-person steering committee that included deep dives into plan recommendations and site visits to areas of in- spiration in and around Chamblee. The comprehensive plan update created a more defined vision for the City of Chamblee using the results of the TSW Team’s analyses, observations, and public input, and based on the recommen- dations of the aforementioned previous planning efforts. REFERENCE CONTACT: Matthew Dickison, Planning & Development Director Phone: 470.395.2333 Email: mdickison@chambleega.gov City of Chamblee 3506 Broad Street, Chamblee, GA 30341 PROJECT MANAGER: Laura Richter PROJECT DATES: March 2019 - December 2019 CHAMBLEE, GA TSW led a consultant team to create the City of Chamblee’s recent comprehensive plan update. Chamblee has completed many recent planning efforts, including their Multi-modal Transportation Plan, various Livable Centers Initiative (LCI) plans, the Rail Trail Expansion studies, the Strategic Eco - nomic Development Plan, and the Automated Shuttle Feasibility Study and Design Plan. Cham - blee has also seen a lot of new development in both its downtown area and the Peachtree Bou - levard corridor since its last comprehensive plan update in 2014. The scope of this comprehensive plan update was to: Determine what elements in the current plan is working, and what needs improvement; Make specific recommendations for land use and future development, and create addi - tional guidelines for infill development; Develop a plan for economic development that builds off of the City’s Strategic Economic Development Plan; Make recommendations for increasing walk- ability and bikeability; and Develop a plan for increased sustainability. The planning process involved an extensive public outreach effort with stakeholder inter- ONE CHAMBLEE COMPREHENSIVE PLAN 10 Establish locations and programming for park space in the Crabapple area; Create a trail network that connects to side- walks, schools, commercial development, and parks; Provide streetscape improvements that priori- tize pedestrians on key streets; Establish a parking management strategy; and Locate development where appropriate, and determine the most suitable types of develop- ment. REFERENCE CONTACT: Michele McIntosh-Ross, Principal Planner Phone: 678.242.2538 Email: michele.mcintosh-ross@cityofmiltonga.us City of Milton 2006 Heritage Walk, Milton, GA 30004 PROJECT MANAGER: Sarah McColley OTHER KEY PERSONNEL: Thomas Walsh, Principal-in-Charge Caleb Racicot, Project Advisor PROJECT DATES: June 2016 - May 2017 MILTON, GA TSW led a consultant team to develop Milton’s Downtown Placemaking Plan in the Crabapple character area established in the previous LCI study and Form-Based Code (also TSW projects). The Form-Based Code encourages low-density and small building footprints, but also encour- ages mixed-use development. The Crabapple area has seen recent growth focused around the historic Crossroads intersection and signifi - cant public investment with the relocation of the City Hall in the area (opening 2017) and the new Milton Public Library. The area has a strong retail core, single-family homes, and three community schools, but the street network is dominated by automobile-centric roads that reduce safety for pedestrians. The placemaking plan involved an extensive public outreach effort with focus groups, steer- ing committee meetings, open houses, and a 3-day charrette with the entire consultant team that included a walking audit and public input throughout the charrette. The Placemaking Plan consisted of design and policy goals: DOWNTOWN MILTON / CRABAPPLE PLACEMAKING PLAN 11 Other key considerations that surfaced through the engagement process include ensuring af- fordable housing, creating open space, and preserving the social diversity of the neighbor- hoods. Recommendations included developing the MARTA station with mixed-use development, a stormwater park (below) to replace the de- tention pond owned by MARTA north of the sta- tion, extending Winter Avenue through the site to College Avenue, moving the buses to College Avenue, and many streetscape updates for sur- rounding streets. REFERENCE CONTACT: Angela Threadgill, Planning & Economic Development Director Phone: 404.371.8386 Email: angela.threadgill@decaturga.com City of Decatur 509 N. McDonough Street, Decatur, GA 30030 PROJECT MANAGER: Sarah McColley OTHER KEY PERSONNEL: Thomas Walsh, Principal-in-Charge Caleb Racicot, Project Advisor PROJECT DATES: September 2017 - August 2018 DECATUR, GA Based on a recommendation in the Decatur Com - prehensive Plan, the City of Decatur looked to de - velop an LCI Study for the East Lake MARTA Station and surrounding area that accomplishes commu- nity goals and MARTA’s vision for TOD at their sta - tions. TSW was retained to lead the effort that in- cluded coordination with the City of Decatur, City of Atlanta, MARTA, and the 6 neighborhoods that the study area affects. The 11-acre MARTA station site is currently utilized for surface parking (only 39% used historically) and is one of the few large parcels left in the area for redevelopment. TSW collaborated with the community, Cities of Decatur and Atlanta, and MARTA to establish a vision for the future of the station and surround- ing 1/2 mile radius. In addition to increasing rider- ship and revenue for MARTA, other goals include: make the station a community destination; de - sign better connections to and between the East Lake MARTA station and between residential neighborhoods by improving safety for pedestri - ans and cyclists; create a vision for under-used properties on commercial corridors with neigh - borhood-oriented uses; and establish the scale of future development that enhances and pro - tects the surrounding residential neighborhoods. MAKE EAST LAKE MARTA YOURS (EAST LAKE MARTA LCI) 12 TSW Thomas Walsh, Founding Principal 1447 Peachtree Street NE, Suite 850 Atlanta GA 30309 twalsh@tsw-design.com February 18, 2020 404.873.6730 x121 TSW Thomas Walsh, Founding Principal 1447 Peachtree Street NE, Suite 850 Atlanta GA 30309 twalsh@tsw-design.com February 18, 2020 404.873.6730 x121 13TSW TEAM | CITY OF MILTON: PLANNING SERVICES FOR THE 2040 COMPREHENSIVE PLAN ADDENDUM ACKNOWLEDGEMENT APPENDIX No Text HIP TEAM I CITY OF FARTOW PLANNING SERVICIG FOR THE 2040 COMPREHENSIVE PAN COST PROPOSAL End YEAR Mors 5 1114 Ed � 0 �p YEN she COF NO Avon and he communny. We dic MEETINGS Goal FATRY THEALOARLY ANY In* �� AN Wi do PLANNING 10 GNP solh FOL) NOWLEMOR IF Go W" MCCOULly VIA ESTIMATED KHEMATTED FEE HOUK MEET ii COMMUNITY GOAK & OTHER PUNI INPUT HITAFFE TASK 2: COMMUN TY ASSFUMENT $lZW) 116 HE VUERG ad AT MITI UK VAIL T. COME U KEITH SERVING vi R ADDITIONAL COMMUNITY MEETINGS THOMAS NATURE! 11HE LAURIE FICTION $93 W" MCCOULly VIA NETHIMOOMIZ RODERWEED MIT EXHIBIT “C” See Exhibits “A and B” EXHIBIT “D” STATE OF ____________ COUNTY OF ___________ CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13 -10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization Tunnell, Spangler & Associates, Inc. Name of Contractor Planning Services for the 2040 Comprehensive Plan 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 Tunnell, Spangler & Associates, Inc. (name of contractor) on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor Planning Services for the 2040 Comprehensive Plan Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _________, 20__ in _____________________ (city), ______ (state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________, 20___. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ EXHIBIT “F” The following individuals are designated as Key Personnel under this Agreement and, as such, are necessary for the successful prosecution of the Work: See Exhibit “B” CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 21, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Construction Services Agreement with Pavement Technology, Inc. for the Application of Pavement Preservation T reatments at Various Locations Around the City MEETING DATE: Monday, April 27, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ DocuSign Envelope ID: F273D5C7-91C1-47D5-82DE-73881AB7FAD6 April 27,2020 X X X X To: Honorable Mayor and City Council Members From: Robert Drewry, Public Works Director Date: Submitted on April 21, 2020 for the April 27, 2020 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement with Pavement Technology Inc. for the Application of a Pavement Preservation Treatments at Various Locations Around the City _____________________________________________________________________________________ Project Description: The Contractor will be providing construction services for pavement preservation treatments at the locations called out in the contract. These rejuvenation treatments will prolong the life of the asphalt on these roads. This also includes all materials, labor, and equipment to complete this work. Procurement Summary: Purchasing method used: Bid Award-ITB (Over $50,000) Account Number: 300-4101-522260000 Requisition Total: $39,007.81 Vendor DBA: Pavement Technology. Inc. Other quotes or bids submitted (vendor/$) Vendor/Firm Quote/Bid **no other bids received** Financial Review: Bernadette Harvill, April 21, 2020 Legal Review: Sam VanVolkenburgh – Jarrard & Davis, April 20, 2020 Concurrent Review: Robert Drewry, Public Works Director Attachment(s): Construction Services Agreement DocuSign Envelope ID: F273D5C7-91C1-47D5-82DE-73881AB7FAD6 1 Construction Services Agreement | Version 1.0 CONSTRUCTION SERVICES AGREEMENT Asphalt Rejuvenation Project This Construction Services Agreement (the “Agreement”) is made and entered into this ___ day of __________________, 20___ (the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Milton City Council (hereinafter referred to as the “City”), and Pavement Technology, Inc. an Ohio corporation with its principal place of business located at 24144 Detroit Rd, Westlake, Ohio 44145 (hereinafter referred to as the “Contractor”), collectively referred to herein as the "Parties”. W I T N E S S E T H: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project, as defined below; and WHEREAS, the City solicited bids for construction of the Project pursuant to the Request for Bids, dated March 20, 2020, 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 QR 20-PW08 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 2 Construction Services Agreement | 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 A”; B. Bid Documents from Contractor, dated April 7, 2020, attached hereto as “Exhibit B”; C. Scope of Work, attached hereto as “Exhibit C”; D. Any required Performance Bond, Payment Bond and Maintenance Bond, attached hereto collectively as “Exhibits D.1, D.2 and D.3”; E. Noncollusion Affidavit of Prime Bidder, attached hereto as “Exhibit E”; F. Final Affidavit, attached hereto as “Exhibit F”; G. Alien Employment affidavits, attached hereto as “Exhibits G.1 and G.2”; H. Additional Payment/Retainage Requirements, attached hereto as “Exhibit H”; I. Supplementary Conditions (if issued), attached hereto as “Exhibit I”; J. City of Milton Code of Ethics (codified in the official Code of the City of Milton); K. The following, which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Change Orders (defined in Section 6 below), other written amendments, and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties. Section 2. Project Description; Architect; Engineer; Contract Administrator A. Project. A general description of the Project is as follows: Apply Reclamite, an asphalt rejuvenation agent, as specified at each of the named locations detailed in the Scope of Work found at Exhibit “A” (the “Project”). A third-party Architect 3 Construction Services Agreement | Version 1.0 or Engineer has not been retained related to this Project. B. Contract Administrator. The Contract Administrator for this Agreement shall be: Matthew Fallstrom, Capital Projects Manager. Section 3. The Work A. The Work. The work to be completed under this Agreement (the “Work”) includes, but shall not be limited to, the work described in the Scope of Work provided in “Exhibit C”, attached hereto and incorporated herein by reference. The Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term “reasonably inferable” takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents. In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. B. Notice to Proceed. The City will issue a Notice to Proceed, which Notice to Proceed shall state the dates for beginning Work (“Commencement Date”) and the expected date of final completion. 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. 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 or the proper termination and non-renewal of this Agreement (provided that certain obligations, including but not limited to Warranty obligations, will survive termination/expiration of this Agreement). Contractor warrants and represents that it will perform its Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The Contractor shall commence Work pursuant to this Agreement within ten (10) calendar days of the Commencement Date provided by the City, and the Parties intend that all Work shall be completed within seven (7) calendar days from the Notice to Proceed. Every effort will be made by Contractor to shorten this period. If the Term of this Agreement continues beyond the calendar year in which this Agreement is executed, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on September 30 each fiscal year of the Term, and further, that 4 Construction Services Agreement | Version 1.0 this Agreement shall automatically renew on October 1 of each subsequent fiscal year absent the City’s provision of written notice of non-renewal to Contractor at least five (5) calendar days prior to the end of the then current fiscal year . Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by the City. B. Time is of the Essence. Contractor specifically acknowledges that TIME IS OF THE ESSENCE of this Agreement. C. Expediting Completion. The Contractor is accountable for completing the Work within the time period provided in the Contract Documents. If, in the judgment of the City, the Work is behind schedule and the rate of placement of work is inadequate to regain scheduled progress to ensure timely completion of the entire Work or a separable portion thereof, the Contractor, when so informed by the City, shall immediately take action to increase the rate of work placement by: (1) An increase in working forces; (2) An increase in equipment or tools; (3) An increase in hours of work or number of shifts; (4) Expediting delivery of materials; and/or (5) Other action proposed if acceptable to City. Within five (5) calendar days after such notice from City that the Work is behind schedule, the Contractor shall notify the City in writing of the specific measures taken and/or planned to increase the rate of progress. The Contractor shall include an estimate as to the date of scheduled progress recovery. Should the City deem the plan of action inadequate, the Contractor shall take additional steps to make adjustments as necessary to its plan of action until it meets with the City’s approval and such approval is provided in writing by the City. D. Partial Occupancy or Use. The City may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement between the City and Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the City and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. Immediately prior to such partial occupancy or use, the City, Contractor and Contract Administrator shall jointly inspect the area to be occupied, or portion of the Work to be used, in order to determine and record the condition of the Work. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 5 Construction Services Agreement | Version 1.0 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 $39,007.81 (the “Maximum Contract Price”), except as outlined in Section 6 below. The compensation for Work performed shall be based upon the lump sum amount stated in Exhibit “B”. B. Additional Payment Requirements. Additional payment requirements are included as “Exhibit H”, attached hereto and incorporated herein by reference. C. Material Deviations. Any material deviations in tests or inspections performed, or times or locations required to complete such tests or inspections, and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through written Change Orders, as described in Section 6 below. Whenever the Contract Administrator considers it necessary or advisable, it shall have authority to require inspection or testing of the Work. However, neither this authority of the Contract Administrator nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Contract Administrator to the Contractor, subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. D. Taxes. The City is a governmental tax-exempt entity and shall not be responsible for paying any taxes on any materials or services provided for herein. At Contractor’s request, City shall provide evidence of its tax-exempt status. To the extent, if any, that the City furnishes tangible personal property to Contractor for incorporation into the Project, Contractor shall be responsible for paying the amount of tax owed for such tangible personal property. Section 6. Change Orders A. Change Order Defined. A “Change Order” means a written modification of the Contract Documents, signed by representatives of the City and the Contractor with appropriate authorization. B. Right to Order Changes. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Change Orders and executed by the Contractor and the City. Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms, and the Contractor shall proceed with the changed work. 6 Construction Services Agreement | Version 1.0 C. Change Order Requirement. Any work added to the scope of this Agreement by a Change Order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly executed on behalf of the City and the Contractor. D. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Milton City Council, any number of Change Orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section 5(A) above. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Milton City Council. E. Minor Changes in the Work. The Contract Administrator will have the authority to order minor changes in the Work not involving adjustment in the Maximum Contract Price or extension of the Term and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order signed by the Contract Administrator. The Contractor shall carry out such written orders promptly. If the minor changes subsequently may affect adjustments in the Maximum Contract Price or the Term, the changes shall then be converted to a written Change Order by the requesting Party. Section 7. Covenants of Contractor A. Ethics Code; Conflict of Interest. (i) Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of his knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Contractor become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Contractor shall immediately notify the City. If the City determines that a conflict of interest exists, the City may require that Contractor take action to remedy the conflict of interest or terminate the Agreement without liability. The City shall have the right to recover any fees paid for services rendered by Contractor when such services were performed while a conflict of interest existed if Contractor had knowledge of the conflict of interest and did not notify the City within five (5) business days of becoming aware of the existence of the conflict of interest. (ii) Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of 7 Construction Services Agreement | Version 1.0 employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub-consultant under a contract to the prime Contractor or higher tier sub- consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Meetings. The Contractor is required to meet with the City’s personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City or the Contract Administrator. The Contractor will be given a minimum of three (3) full business days’ notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor’s option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of the contract for cause. C. Expertise of Contractor. Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. The Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of City and the Project in accordance with City’s requirements and procedures, and Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. D. Proper Execution by Contractor. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor’s profession or business and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, and Georgia’s Open Records Act (O.C.G.A. § 50-18-70, et seq.). Any additional work or costs incurred as a result of error and/or omission by Contractor as a result of not complying with the Contract Documents or not meeting the applicable standard of care or quality, including but not limited to those of repeated procedures and compensation for the Contract Administrator’s services or expenses, will be provided at Contractor’s expense and at no additional cost to the City. This provision shall survive termination of this Agreement. 8 Construction Services Agreement | Version 1.0 It is the Contractor’s responsibility to be reasonably aware of all applicable laws, statutes, ordinances, building codes, and rules and regulations. If the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Contract Administrator and the City in writing of any portions of the Contract Documents that are at variance with the applicable laws, statutes, ordinances, building codes, and rules and regulations. The Contractor’s duties shall not be diminished by any approval by the City or Contract Administrator of Work completed or produced; nor shall any approval by the City or Contract Administrator of Work completed or produced release the Contractor from any liability therefor, it being understood that the City is ultimately relying upon the Contractor’s skill and knowledge in performing the Work required under the Contract Documents. Organization of the specifications into divisions, sections and articles, and arrangement of drawings shall not control the Contractor in dividing the Work among subcontractors or in establishing the extent of Work to be performed by any trade. E. Familiarity with the Work. (i) Contractor Familiarity with Work. Contractor represents that it has familiarized itself with the nature and extent of the Contract Documents, the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Contract Documents, site conditions, authorities, tests, reports and studies relative to that portion of the Work, as well as the information furnished by the City, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the Project site(s) affecting it. Contractor represents and agrees that it has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, inconsistencies, or ambiguities in the Contract Documents; however, any errors, inconsistencies, omissions, or ambiguities discovered by the Contractor shall be reported promptly to the Contract Administrator and City in writing. Contractor represents that it has given the City written notice of all errors, omissions, inconsistencies, or ambiguities that the Contractor has discovered in the Contract Documents so far, and the written resolution thereof by the City is acceptable to the Contractor. Further, Contractor acknowledges that its obligation to give notice of all such errors, omissions, inconsistencies, or ambiguities shall be continuing during the 9 Construction Services Agreement | Version 1.0 Term of this Agreement. Any failure on the part of the Contractor to notify the Contract Administrator and City in writing of any errors, omissions, inconsistencies, or ambiguities in the Contract Documents that Contractor discovered or reasonably should have discovered shall result in a waiver and full release by the Contractor of any future arguments or defenses based on such errors, omissions, inconsistencies, or ambiguities against the City. Further, if the Contractor fails to perform its obligations pursuant to this paragraph, the Contractor shall pay such costs and damages to the City as would have been avoided if the Contractor had performed such obligations. (ii) Inspection of Prior Work. If part of the Contractor’s Work depends for proper execution or results upon construction or operations by a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Contract Administrator apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the City’s or separate contractor’s completed or partially completed construction is fit and proper to receive the Contractor’s Work, except as to defects not then reasonably discoverable, and Contractor shall be responsible for all costs and damages resulting from its failure to report reasonably discoverable defects. (iii) Contractor Requests for Information. If, with undue frequency (as determined by the City in its sole discretion), the Contractor requests information that is obtainable through reasonable examination and comparison of the Contract Documents, site conditions, and previous correspondence, interpretations or clarifications, the Contractor shall be liable to the City for reasonable charges from the Contract Administrator for the additional services required to review, research and respond to such requests for information. F. Supervision, Inspection and Construction Procedures. The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Agreement, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety therefor and, except as stated below, shall be fully and solely responsible for the jobsite safety for such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the City and Contract Administrator and shall not proceed with that portion of the Work without further written instructions from the City or Contract Administrator as approved in writing by the City. 10 Construction Services Agreement | Version 1.0 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of this Agreement. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to: (a) employees and other persons who may be affected, (b) the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site(s), under care, custody or control of the Contractor or Contractor’s subcontractors or sub-subcontractors, and (c) other property at the Project site(s) or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the Project site(s) by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the City and Contract Administrator in writing. G. Tests and Inspections. Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, or ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made promptly at an appropriate time to avoid unreasonable delay in the Work. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the City, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Contract Administrator timely notice of when and where tests and inspections are to be made so that the Contract Administrator may be present for such procedures. Required permits or certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and delivered to the Contract Administrator within ten (10) calendar days of issuance. H. Budgetary Limitations. Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor’s profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor’s profession and industry, Contractor will give written notice immediately to the City. 11 Construction Services Agreement | Version 1.0 I. City’s Reliance on the Work. The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that therefore, the City bears no responsibility for Contractor’s Work performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor’s performance. Contractor further agrees that no approval of designs, plans, or specifications by any person, body, or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor’s Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. J. Contractor’s Reliance on Submissions by the City. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. K. Uncovering and Correction of Work. If a portion of the Work is covered contrary to the Contract Administrator’s request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Contract Administrator, be uncovered for examination by the Contract Administrator and be replaced at the Contractor’s expense without change in the Agreement Term. If a portion of the Work has been covered which the Contract Administrator has not specifically requested to examine prior to its being covered or which the Contract Documents did not require to remain uncovered until examined, the Contract Administrator may request to see such Work, and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the City’s expense, which expense shall be agreed upon in writing prior to being incurred. If such Work is not in accordance with the Contract Documents, correction shall be at the Contractor’s expense, unless the condition was caused by the City, in which event the City shall be responsible for payment of such costs including reasonable charges, if any, by the Contract Administrator for additional service, which expense shall be agreed upon in writing prior to being incurred. If the City prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the City may do so instead of requiring its removal and correction, in which case the Maximum Contract Price will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. L. Clean Up. Contractor shall keep the Project site(s) and surrounding area free from 12 Construction Services Agreement | Version 1.0 accumulation of waste materials or rubbish caused by operations under this Agreement. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor’s tools, construction equipment, machinery and surplus materials. If the Contractor fails to clean up as provided in the Contract Documents, the City may do so, and the cost thereof shall be charged to the Contractor. M. Contractor’s Representative. _________________ [INSERT NAME OF CONTRACTOR’S REPRESENTATIVE] shall be authorized to act on Contractor’s behalf with respect to the Work as Contractor’s designated representative. N. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the City. Nothing contained in this Agreement shall be construed to make the Contractor, or any of its employees, servants or subcontractors, an employee, servant or agent of the City for any purpose. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies, and/or materials necessary to complete the Work; hiring of subcontractors, agents, or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding, and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and the City by virtue of this Agreement with the Contractor. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and the City may hire additional entities to perform Work related to this Agreement. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City’s agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. O. Responsibility of Contractor and Indemnification of City. The Contractor covenants and agrees to take and assume all responsibility for the Work rendered 13 Construction Services Agreement | Version 1.0 in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City and the City’s elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an “Indemnified Party” and collectively “Indemnified Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including, but not limited to, attorney’s fees and costs of defense (“Liabilities”), which may arise from or be the result of alleged willful, negligent, or tortious act or omission arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. To the extent any Work may be considered engineering work, the obligation above is limited to indemnifying the City for Liabilities caused by the negligence or willful wrongdoing of Contractor and its agents. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of the Contractor, its subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts, or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. P. Insurance. (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. 14 Construction Services Agreement | Version 1.0 (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability: $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate comprehensive/extended/enhanced Commercial General Liability policy with coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, damage to premises/operations, products/completed operations, independent consultants and contractual liability (specifically covering the indemnity), broad-from property damage, and underground, explosion and collapse hazard. This coverage may be achieved by using an excess or umbrella policy. The policy or policies must be on “an occurrence” basis (“claims made” coverage is not acceptable). (b) Commercial Automobile Liability (owned, non-owned, hired): $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate for comprehensive Commercial Automobile liability coverage (owned, non-owned, hired) including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability: $1,000,000 (one million dollars) limit Professional Liability policy for claims arising out of professional services and caused by the Contractor’s errors, omissions, or negligent acts (required if any professional services will be provided). (d) Workers’ Compensation and Employers’ Liability: Workers’ Compensation policy with limits as required by the State of Georgia and Employers’ Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Contractor is a sole proprietor, who is otherwise not entitled to coverage under Georgia’s Workers’ Compensation Act, Contractor must secure Workers’ Compensation coverage approved by both the State Board of Workers’ Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers’ Compensation Act. Further, the Contractor shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) RESERVED. (f) Commercial Umbrella Liability Coverage: $___n/a_________ per 15 Construction Services Agreement | Version 1.0 occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers’ Liability, and Professional Liability. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing so that the City may ensure the financial solvency of the Contractor; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and Umbrella Liability Coverage. (i) Additional Insured Requirement. The City and City’s elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually “Insured Party” and collectively “Insured Parties”) shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. The Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self- insurance maintained by the Insured Parties shall be in excess of the Contractor’s insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that the Contractor’s insurance shall apply separately to each insured 16 Construction Services Agreement | Version 1.0 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 of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(O) of this Agreement. (5) Acceptability of Insurers: The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance shall be placed with insurer(s) with an A.M. Best Policyholder’s rating of no less than “A-” and with a financial rate of Class VII or greater. The Contractor shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Contractor shall furnish to the City for City approval certificates of insurance and endorsements to the policies 17 Construction Services Agreement | Version 1.0 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 and Payment bonds as a condition of this Agreement. At the conclusion of the Work, Contractor shall also provide City with a maintenance bond in the amount of one-third (1/3) of the total amount paid under the Agreement, guaranteeing the repair or replacement caused by defective workmanship or materials for a period of two (2) years from the completion of the Work. Bonds shall be provided on the forms attached hereto as “Exhibits D.1, D.2 and D.3” 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. 18 Construction Services Agreement | 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-Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless: (1) the Contractor shall provide evidence on City-provided forms, attached hereto as “Exhibits G.1 and G.2” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and its subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in “Exhibit G.1”, and submitted such affidavit to City or provided the City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub-subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13- 10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as “Exhibit G.2”, which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in sub-subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10- 91, the City Manager or his/her designee shall be authorized to conduct an 19 Construction Services Agreement | Version 1.0 inspection of the Contractor’s and Contractor’s subcontractors’ verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor’s subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor’s failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee-number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] [DESIGNATE/MARK APPROPRIATE CATEGORY] ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law and shall be construed to be in conformity with those laws. T. Records, Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for the City under this Agreement (“Records”) shall be established and maintained by the Contractor in accordance with applicable law and requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such 20 Construction Services Agreement | Version 1.0 Records shall be maintained for at least three (3) years from the date that final payment is made to Contractor by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all Records in the form requested by the City. All Records stored on a computer database must be of a format compatible with the City’s computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, Contractor shall make available to the City or City’s representative(s) for examination all Records. The Contractor will permit the City or City’s representative(s) to audit, examine, and make excerpts or transcripts from such Records. Contractor shall provide proper facilities for City or City’s representative(s) to access and inspect the Records, or, at the request of the City, shall make the Records available for inspection at the City’s office. Further, Contractor shall permit the City or City’s representative(s) to observe and inspect any or all of Contractor’s facilities and activities during normal hours of business for the purpose of evaluating Contractor’s compliance with the terms of this Agreement. In such instances, the City or City’s representative(s) shall not interfere with or disrupt such activities. U. Confidentiality. Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, contractors, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions, or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that the City’s disclosure of documentation is governed by Georgia’s Open Records Act, and Contractor further acknowledges that, if Contractor submits records containing trade secret information and if Contractor 21 Construction Services Agreement | Version 1.0 wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. V. Licenses, Certifications and Permits. The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits, or the like required of the Contractor by any and all national, state, regional, county or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement; provided that some permits or licenses related to the Project may be obtained as part of the Work and shall be obtained as required. The Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work, which are customarily secured after execution of the Agreement and which are legally required. Contractor shall furnish copies of such permits, licenses, etc. to the City within ten (10) days after issuance. W. RESERVED. X. Authority to Contract. The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners, or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. Y. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other materials, including those in electronic form, prepared or in the process of being prepared for the Work to be performed by the Contractor (“Materials”) shall be the property of the City, and the City shall be entitled to full access and copies of all Materials in the form prescribed by the City. Any Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the Work shall be delivered immediately to the City whether or not the Project or Work is commenced or completed, provided, however, that Contractor may retain a copy of any deliverables for its records. The Contractor assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged, or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to the City, and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. Z. Nondiscrimination. During the performance of this Agreement, the Contractor agrees as follows: 1. Compliance with Regulations The Contractor shall comply with the Regulations, hereinafter defined, relative to nondiscrimination in federally-assisted programs of the Department of Transportation (the “DOT”), Title 49, Code of Federal Regulations, part 21, as they 22 Construction Services Agreement | Version 1.0 may be amended from time to time (the “Regulations”), which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination The Contractor, with regard to the Work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, belief, political affiliation, or national origin in the selection and retention of employees or subcontractors, including procurement of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the Contractor for Work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor’s obligations under this Agreement and the Regulations relative to nondiscrimination on the ground of race, color, sex, or national origin. 4. Information and Reports The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, and other sources of information and its facilities as may be determined by the City, GDOT, or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the City, or GDOT or the Federal Highway Administration, as appropriate, and shall set forth what efforts it has made to obtain such information. 5. Sanctions for Noncompliance In the event of the Contractor’s noncompliance with the nondiscriminatory provision of this Agreement, City shall impose contract sanctions as it or GDOT or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) Withholding of payments to the Contractor under the Agreement until Contractor complies; and/or (b) Cancellation, termination, or suspension of the Agreement, in whole or in part. 6. Incorporation of Provisions The Contractor shall include the provisions of paragraphs (1) through (5) in every subcontract, procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issue thereto. The Contractor shall take such action with respect to any subcontractor or procurement as the City or GDOT or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctioning noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the City to enter into such litigation to protect the interest 23 Construction Services Agreement | Version 1.0 of the City and, in addition, the Contractor may request the Georgia Department of Transportation to enter into such litigation to protect the interests of the State and the United States to enter into such litigation to protect the interests of the United States. Section 8. Covenants of the City A. Right of Entry. The City shall provide for right of entry for Contractor and Contractor’s equipment as required for Contractor to complete the Work; provided that Contractor shall not unreasonably encumber the Project site(s) with materials or equipment. B. City’s Representative. Matthew Fallstrom shall be authorized to act on the City’s behalf with respect to the Work as the City’s designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section 6 above. Section 9. Final Project Documents; Warranty A. Final Project Documents. Prior to final payment, Contractor shall deliver to City a written assignment of all warranties, guaranties, certificates, permits, and other documents, including without limitation, all contractors’ and manufacturers’ warranties. At such time, Contractor shall also deliver to the City copies of all as- built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. B. Warranty. The Contractor warrants to the City and the Contract Administrator that materials and equipment furnished under the Agreement will be of good quality and new, unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, is considered defective. This warranty excludes remedy for damage or defect caused by abuse by the City or modifications to the Work not executed by the Contractor or an employee/subcontractor/sub-subcontractor thereof. 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 24 Construction Services Agreement | Version 1.0 Agreement for cause as provided in Section 11 of this Agreement. The City shall give Contractor at least seven (7) calendar days’ written notice of its intent to terminate the Agreement for cause and the reasons therefor, and if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project. C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in Section 4(A) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of the City. D. Payment. Provided that no damages are due to the City for Contractor’s failure to perform in accordance with this Agreement, and except as otherwise provided herein, the City shall, upon termination for convenience or statutory termination, pay Contractor for Work performed prior to the date of termination in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. At its sole discretion, the City may pay Contractor for additional value received as a result of Contractor’s efforts, but in no case shall said payment exceed any remaining unpaid portion of the Maximum Contract Price. If this Agreement is terminated for cause, the City will make no further payment to the Contractor or its Surety until the Project is completed and all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this Agreement, exceeds the cost of finishing the Project, City shall provide payment to the Contractor (or its Surety) for services rendered and expenses incurred prior to the termination date, provided that such payment shall not exceed the unpaid balance of the amount otherwise payable under this Agreement minus the cost of completing the Project. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. E. Assumption of Contracts. The City reserves the right in termination for cause to take assignment of all contracts between the Contractor and its subcontractors, vendors, and suppliers. The City will promptly notify the Contractor of the contracts the City elects to assume. Upon receipt of such notice, the Contractor shall promptly take all steps necessary to effect such assignment. F. Conversion to Termination for Convenience. If the City terminates this Agreement for cause and it is later determined that the City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section 10(A) above. G. Requirements Upon Termination. Upon termination, the Contractor shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible if requested to do so by the City, and not incur any new obligations, unless 25 Construction Services Agreement | Version 1.0 the City directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. H. Reservation of Rights and Remedies. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11. City’s Rights; Contractor Default A. City Rights Related to the Work. (i) City’s Right to Stop the Work. If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, as required by the Contract Administrator, or persistently fails to carry out Work in accordance with the Contract Documents, the City may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the City to stop the Work shall not give rise to a duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. Such a stoppage of Work shall not extend the deadline for 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 26 Construction Services Agreement | Version 1.0 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 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 27 Construction Services Agreement | Version 1.0 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 exchanged between Matthew Fallstrom for the City and ___________________ [INSERT CONTACT NAME] for the Contractor. (2) Official Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when (1) personally delivered, or (2) on the third calendar day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the addresses given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton Attn: Procurement Manager 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Pavement Technology Inc. 24144 Detroit Rd. Westlake, Ohio 44145 G. Waiver of Agreement. No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City’s right to demand exact and strict compliance by Contractor with the terms and conditions of this Agreement. Further, no express 28 Construction Services Agreement | Version 1.0 waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations, warranties, and insurance maintenance requirements. I. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. J. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City’s elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor’s performance of services under this Agreement shall not subject Contractor’s individual employees, officers, or directors to any personal liability, except where Contractor is a sole proprietor. The Parties agree that their sole and exclusive remedy, claim, demand, or suit shall be directed and/or asserted only against Contractor or the City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. K. Force Majeure. Neither the City nor Contractor shall be liable for their respective 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. 29 Construction Services Agreement | Version 1.0 N. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, each Party binds itself, its partners, successors, assigns, and legal representatives to the other Party hereto, its partners, successors, assigns, and legal representatives with respect to all covenants, agreements, and obligations contained in the Contract Documents. O. Agreement Construction and Interpretation. Contractor represents that it has reviewed and become familiar with this Agreement and has notified the City of any discrepancies, conflicts or errors in the Contract Documents. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents may omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. P. Material Condition. Each term of this Agreement is material, and Contractor’s breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to the City at law or in equity. Q. Use of Singular and Plural. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. 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] 30 Construction Services Agreement | Version 1.0 CONTRACTOR: Pavement Technology, Inc. By: ________________________________________ Print Name: _________________________________ Its: [CIRCLE ONE] President/Vice President (Corporation) [CORPORATE SEAL] (required if corporation) Attest/Witness: ____________________________________________ Print Name: ___________________________________ Its: ______________________________________ ((Assistant) Corporate Secretary if corporation) CITY OF MILTON, GEORGIA RATIFIED BY COUNCIL: By: ________________________________ By: ____________________________ Steven Krokoff, City Manager Joe Lockwood, Mayor [CITY SEAL] Attest: ____________________________________ Print Name:__________________________ Its: City Clerk Approved as to form: ____________________________________ City Attorney “EXHIBIT A” QR 20-PW08 1 | P a g e Quote Number: 20-PW08 Project Name: Asphalt Rejuvenation Project Due Date and Time: April 7, 2020 Local Time: 2:00pm Number of Pages: 109 ISSUING DEPARTMENT INFORMATION Issue Date: March 20, 2020 City of Milton Public Works Department 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Website: www.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Electronic Submittal: **Bids must be submitted electronically via Milton’s BidNet procurement portal/platform at www.cityofmiltonga.us If you have not registered as a vendor via BidNet we encourage you to register. There is no cost to join, and you will be notified of any potential bid opportunities with the City of Milton as well as other agencies who are part of the Georgia Purchasing Group. Mark Face of Envelope/Package: Bid Number: 20-PW07 Name of Company or Firm Special Instructions: Deadline for Written Questions March 27, 2020 at 5:00 pm Email questions online via the BidNet Direct procurement portal at www.cityofmiltonga.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 CITY OF MILTON QUOTE REQUEST (THIS IS NOT AN ORDER) QR 20-PW08 2 | P a g e Table of Contents Topic Page 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 33 General Conditions 34 EPD Air Quality Rules 40 Sample Contract Agreement 41 QR 20-PW08 3 | P a g e 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: Gallon LF: Lineal Feet LM: Lineal Mile LS: Lump Sum SY: Square Yard TN: Ton MUTCD: Manual on Uniform Traffic Control Devices OSHA: Occupational Safety and Health Administration FHWA: Federal Highway Administration AASHTO: American Association of State Highway and Transportation Officials QR 20-PW08 4 | P a g e Quote Request (QR) 20-PW08 The City of Milton is accepting electronic bids from qualified firms for the Asphalt Rejuvenation Project for the Public Works Department in conformance with Title 32, Chapter 4, Article 4, Part 2 of the Official Code of Georgia Annotated. All work will be done in accordance with Georgia Department of Transportation’s (GDOT) Standard Drawings, Standard Specifications, and Pay Items Index as standards and specifications for the construction and completion of the work required. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. Electronic bids will be received no later than 2:00 PM Local Time on April 7, 2020. Electronic bids shall be submitted online via BidNet Direct, the City’s procurement portal, at www.cityofmiltonga.us . Bids received after the above time will not be accepted. Questions must be also be submitted online in the same manner listed above for bids. Deadline for questions is March 27, 2020 at 5:00pm. Official answers to questions and potential change (Addendums) to the Quote Request (QR) will be posted at the same web location as the QR on or about March 31, 2020. Any other form of interpretation, correction, or change to this QR will not be binding upon the City. It is the bidder’s responsibility to check the website for potential updates. Please refer to Bid (20-PW08) and bid name (Asphalt Rejuvenation Project) when requesting information. The City of Milton reserves the right to reject any or all bids and to w aive technicalities and informalities, and to make award in the best interest of the City of Milton. The selected contractor must be able to start work within ten (10) calendar days after the “Notice to Proceed” is issued. The time of completion for the project is to be determined prior to the issuance of the “Notice to Proceed.” If weather affects the required completion schedule, The City and selected contractor will negotiate a new completion date. Section 108.08 of the State of Georgia Department of Transportation Standard Specifications Construction of Transportation Systems (current edition) shall be applied. QR 20-PW08 5 | P a g e SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE EVENT DATE QR Issue Date March 20, 2020 Deadline for Receipt of Online Questions 5 PM on March 27, 2020 Posting of Written Answers by City to Websites on or about March 31, 2020 QR DUE No Later than 2:00 PM on April 7, 2020 Tentative Contract Award (on/about) April 27, 2020 Notice to Proceed (on/about) To be coordinated with the Contractor NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. QR 20-PW08 6 | P a g e BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) 1 Filled out and Signed Invitation to Bid (Cover Sheet) 1 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 33 INFORMATION AND INSTRUCTIONS 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 Asphalt Rejuvenation Project, QR 20-PW08. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. Unless clearly shown as “no substitute” or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturer’s number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. The City reserves the right to cancel the contract at any time with 30 days written QR 20-PW08 7 | P a g e notice. Title to any supplies, materials, equipment or other personal property shall remain the Contractors’ until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor’s expense to the complete satisfaction of the City of Milton with no additional expense to the City. EVALUATION The City intends to evaluate the QR on the lowest, responsible and responsive bidder. 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 QR. If a bid is found to be non- responsive or non-qualified, it will not be considered further. INSURANCE REQUIREMENTS Within ten (10) days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7.K). (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject QR 20-PW08 8 | P a g e to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance 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 QR 20-PW08 9 | P a g e shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor’s insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has QR 20-PW08 10 | P a g e been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims-Made Policies: Contractor shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers’ Compensation policy. BONDING REQUIREMENTS Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project strictly within the terms and conditions stated in this bid and in the bidding and contract documents, should the construction contract be awarded. The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE BONDS for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the 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. QR 20-PW08 11 | P a g e Bonds shall be issued by a corporate surety appearing on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. OATH Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e). COST OF PREPARING A BID The costs for developing and delivering responses to this QR 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 QR become the property of the City of Milton. QR 20-PW08 12 | P a g e [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 20-PW08 Asphalt Rejuvenation Project The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided, or expenses incurred, which are not specifically delineated in the Contract Documents, but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid. 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 QR 20-PW08 13 | P a g e complete all Work as scheduled in Task Order(s) issued. If weather affects the required completion schedule, the City and selected Bidder will negotiate a new completion date. Attached hereto is an executed Bid Bond in the amount of __________________ Dollars ($ (Five Percent of Amount Bid). If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed _______________ _______________ _______________ _______________ Bidder further declares that the full name and resident address of Bidder’s Principal is as follows: Signed, sealed, and dated this _______ day of _____________, 20_____ Bidder _______________________ (Seal) Company Name Bidder Mailing Address: ___________________________________________ ___________________________________________ ___________________________________________ Signature: ________________________________________ Print Name: ______________________________________ Title: _____________________________________________ QR 20-PW08 14 | P a g e [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. BIDDER SURETY (Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: ___________________________ Signature and Title: Signature and Title: (Attach Power of Attorney) Attest: Attest:_________________________ Signature and Title: Signature and Title: QR 20-PW08 15 | P a g e 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. QR 20-PW08 16 | P a 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, 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. QR 20-PW08 17 | P a g e [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature______________________________Date_______________________ Print/Type Name______________________________________________________________ Print/Type Company Name Here_______________________________________________ CORPORATE CERTIFICATE I, ___________________________________, certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that _______________________________________ who signed said bid in behalf of the Contractor, was then (title)_________________________ of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of _________________________________. This _________________ day of ________________, 20______ ______________________________________(Seal) (Signature) QR 20-PW08 18 | P a g e [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:___________________________________________________ QR 20-PW08 19 | P a g e [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] 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 w ith 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 Asphalt Rejuvenation Project Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent _______________________________ SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ QR 20-PW08 20 | P a g e [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: ________________ ___________________________________________ ___________________ ____________________________________________________ QR 20-PW08 21 | P a g e PROJECT SPECIFICATIONS PROJECT DESCRIPTION: The City of Milton Public Works Department (City) requests for interested parties to submit formal sealed bids/proposals for the FY20 Asphalt Rejuvenation Project. The project segments locations are depicted in the Bid Schedule. This project shall follow the City of Milton Specifications called out in this bid. The most current GDOT Specifications and shelf Special Provisions apply to all work performed under this contract. QR 20-PW08 22 | P a g e STANDARD SPECIFICATIONS FOR ASPHALT SURFACE PRESERVATION WITH A MALTENE BASED ASPHALT REJUVENATING AGENT QR 20-PW08 23 | P a g e ASPHALT REJUVENATING AGENT Scope This work shall consist of furnishing all labor, material, and equipment necessary to perform all operations for the application of an asphalt rejuvenating agent to asphaltic concrete surface courses. The rejuvenation of surface courses shall be by spray application of a maltene based cationic rejuvenating agent composed of petroleum oils and resins emulsified with water. All work shall be in accordance with the specifications, the applicable drawings, and subject to the terms and conditions of this contract. Material Specifications The asphalt rejuvenating agent shall be an emulsion composed of a petroleum resin oil base uniformly emulsified with water. Each bidder must submit with his bid a certified statement from the asphalt rejuvenator manufacturer showing that the asphalt rejuvenating emulsion conforms to the required physical and chemical requirements. SPECIFICATIONS Test Method Requirements Tests ASTM AASHTO Min. Max. Tests on Emulsion: Viscosity @ 25 C, SFS D-244 T-59 15 40 Residue, % W1 D-244(Mod.) T-59(Mod) 60 65 Miscibility Test2 D-244(Mod.) T-59(Mod) No Coagulation Sieve Test, %W3 D-244(Mod.) T-59(Mod) - 0.1 Particle Charge Test D-244 T-59 Positive Percent Light Transmittance4 GB GB - 30 Tests on Residue from Distillation: Flash Point, COC, C D-92 T-48 196 - Viscosity @ 60 C, cSt D-445 - 100 200 Asphaltenes, %w D-2006-70 - - 1.00 Maltene Dist. Ratio D-2006-70 - 0.3 0.6 PC + A15 S + A2 QR 20-PW08 24 | P a g e PC/S Ratio5 D-2006-70 - 0.5 - Saturated Hydrocarbons,S5 D-2006-70 - 21 28 ------------------------------------------------------------------- 1 ASTM D-244 Modified Evaporation Test for percent of residue is made by heating 50 gram sample to 149 C (300 F) until foaming ceases, then cool immediately and calculate results. 2 Test procedure identical with ASTM D-244-60 except that .02 Normal Calcium Chloride solution shall be used in place of distilled water. 3 Test procedures identical with ASTM D-244-60 except that distilled water shall be used in place of two percent sodium oleate solution. 4 Test procedure is attached. 5 Chemical composition by ASTM Method D-2006-70: PC = Polar Compounds, A1 = First Acidaffins A2 = Second Acidaffins, S = Saturated Hydrocarbons PROCEDURE FOR DETERMINING PERCENT LIGHT TRANSMITTANCE ON ASPHALT REJUVENATING AGENT A. SCOPE This procedure covers the determination of percent light transmittance of the asphalt rejuvenating agent. B. APPARATUS 1) Container may be either glass, plastic or metal having a capacity of 6,000 ml. 2) Graduated cylinder, 1,000 ml, or greater 3) Light transmittance measuring apparatus, such as Bausch and Lomb or Lumetron spectrophotometer 4) Graduated pipette having 1 ml capacity to 0.01 ml accuracy 5) Suction bulb for use with pipette 6) Test tubes compatible with spectrophotometer, 3/4” X 6, Bausch and Lomb, Catolog No. 33-17- 81, (B&L) QR 20-PW08 25 | P a g e C. CALIBRATION OF SPECTROPHOTOMETER 1) Calibrate spectrophotometer as follows: (a) Set wavelength at 580 mu, (b) Allow spectrophotometer to warm-up thirty minutes, (c) Zero percent light transmittance (%LT) scale, (d) Rinse test tube three times with tap water and fill to top of circle marking on B&L test tube or approximately 2/3 full, (e) Place tube in spectrophotometer and set %LT scale at 100, and (f) repeat steps (c) and (e) two times or until no further adjustments are necessary. D. PROCEDURE 1) Shake, stir or otherwise thoroughly mix emulsion to be tested. Place sample of emulsion in beaker and allow to stand one minute. 2) Place 2,000 ml tap water in container. 3) Suck 1.00 ml emulsion into pipette using suction bulb. Wipe off outside of pipette. 4) Using suction bulb, blow emulsion into container. 5) Rinse pipette by sucking in diluted emulsion solution and blowing out. 6) Clean pipette with soap or solvent and water. Rinse with acetone. 7) Stir diluted emulsion thoroughly. 8) Rinse out tube to be used with the diluted emulsion three times and fill to top of circle. 9) Calibrate spectrophotometer. 10) Place diluted emulsion sample tube in spectrophotometer, cover and read %LT to nearest tenth. 11) Repeat steps 9 and 10 until three identical consecutive readings are achieved. 12) The elapsed time between addition of emulsion to dilution of water and final %LT reading should not exceed 5 minutes. MATERIAL PERFORMANCE The asphalt rejuvenating agent shall have the capability to penetrate the asphalt pavement surface. The asphalt rejuvenating agent shall be absorbed and incorporated into the asphalt binder. Verification that said incorporation of the asphalt rejuvenating agent into the asphalt binder has been affected shall be by analysis of the chemical properties of said asphalt binder i.e. viscosity shall be improved to the following extent. The viscosity shall be reduced by a minimum of forty, (40%) percent QR 20-PW08 26 | P a g e as determined by dynamic shear rheometer (DSR) method for asphalt testing in accord with AASHTO T315-05. This analysis shall apply to extracted asphalt binder, taken from cores extracted fifteen to thirty days following application, in the upper 3/8” of pavement. In addition, the treated areas shall be sealed in-depth to the intrusion of air and water. The rejuvenating agent shall have a record of at least five years of satisfactory service as an asphalt rejuvenating agent and in-depth sealer. Satisfactory service shall be based on the capability of the material to decrease the viscosity of the asphalt binder and provide an in-depth seal. Reclamite®, manufactured by D&D Emulsion, Inc., Mansfield, Ohio, is a product of know quality and accepted performance. The bidder must submit with his bid the manufacturer's certification that the material proposed for use is in compliance with the specification requirements. The bidder must submit with his bid previous use documentation and test data conclusively demonstrating that; the rejuvenating agent has been used successfully for a period of five years by government agencies such as Cities, Counties, etc; and that the asphalt rejuvenating agent has been proven to perform, as heretofore required, through field testing by government agencies as to the required change in asphalt binder viscosity. Testing data shall be submitted indicating such product performance on a sufficient number of projects to insure product consistency. In addition, testing data shall be submitted to indicate said product performance over a testing period of three years to insure reasonable life expectancy. RECLAMITE®, a product of Golden Bear Oil, a division of Tricor Refining, LLC. is a product of known quality and accepted performance. APPLICATOR EXPERIENCE The asphalt-rejuvenating agent shall be applied by an experienced applicator of such material. The bidder shall have a minimum of three (3) years’ experience in applying the product proposed for use. Bidder must submit with his bid a list of five (5) projects on which he applied said rejuvenator. Bidder shall indicate the project dates, number of square yards treated in each and the name and phone number of the government official in charge of each project. QR 20-PW08 27 | P a g e A project superintendent knowledgeable and experienced in application of the asphalt-rejuvenating agent must be in control of each day's work. The bidder shall submit a written experience outline of the project superintendent. PRODUCT STANDARDS AND ALTERNATES The product "Reclamite"® for the asphalt rejuvenating agent as manufactured by Golden Bear oil, a division of Tricor Refining, LLC. is the standard for these specifications and the prices quoted on the Bid Sheet Base Bid shall be for this standard. Should a bidder wish to submit a bid for alternates to the Standard, said prices shall be entered on the BID SHEET as the "Alternate Bid" for each item. In the event that the bidder submits no bid for the Standard, only the "Alternate Bids" should be completed. Bidders may offer an ALTERNATE for the Standard specified in the Specifications provided the bidder adheres to the following and submits same with his bid. (a) List the proposed alternate on the BID SHEET form giving the product name and price. (b) Furnish complete specifications and descriptive literature for the alternate as well as a one-gallon sample of the material proposed for use. Such descriptive and detailed information shall be complete and at least equal in detail to the agency’s requirements for the standard item for which the alternate is offered. (c) Submit a current Material Safety Data Sheet for the alternate materials. The agency will give the alternate consideration. The Contractor may furnish only those alternate items included in his proposal and approved by the agency prior to award of a contract. (d) Furnish all required test data and use documentation as hereto for required. If no ALTERNATE is indicated on the BID SHEET, the Contractor shall furnish the STANDARD (brand) specified in the attached specifications. Should the ALTERNATE offered be found unacceptable by the agency based on the data submitted with the bid and no bid is entered on the BID SHEET for the Standard, then said bid will be considered non-responsive. QR 20-PW08 28 | P a g e APPLICATION TEMPERATURE/WEATHER LIMITATIONS The temperature of the asphalt rejuvenating emulsion, at the time of application shall be as recommended by the manufacturer. The asphalt-rejuvenating agent shall be applied only when the existing surface to be treated is thoroughly dry and when it is not threatening to rain. The asphalt-rejuvenating agent shall not be applied when the ambient temperature is below 40°F. HANDLING OF ASPHALT REJUVENATING AGENT Contents in tank cars or storage tanks shall be circulated at least forty-five minutes before withdrawing any material for application. When loading the distributor, the asphalt rejuvenating agent concentrate shall be loaded first and then the required amount of water shall be added. The water shall be added into the distributor with enough force to cause agitation and thorough mixing of the two materials. To prevent foaming, the discharge end of the water hose or pipe shall be kept below the surface of the material in the distributor that shall be used as a spreader. The distributor truck will be cleaned of all of its asphalt materials and washed out to the extent that no discoloration of the emulsio n may be perceptible. Cleanliness of the spreading equipment shall be subject to the approval and satisfaction of the Engineer. RESIDENT NOTIFICATION The Contractor shall distribute by hand, a typed notice to all residences and businesses on the street to be treated. The notice will be delivered no more than 24 hours prior to the treatment of the road. The notice will have a local phone number that residents may call to ask questions. The notice shall be of the door hanger type that secures to the door handle of each dwelling. Unsecured notices will not be allowed. The Contractor shall also place the notice on the windshield of any parked cars on the street. Hand distribution of this notice will be considered incidental to the contract. APPLICATING EQUIPMENT The distributor for spreading the emulsion shall be self-propelled and shall have pneumatic tires. The distributor shall be designed and equipped to distribute the QR 20-PW08 29 | P a g e asphalt rejuvenating agent uniformly on variable widths of surface at readily determined and controlled rates from 0.05 to 0.5 gallons per square yard of surface, and with an allowable variation from any specified rate not to exceed 5 percent of the specified rate. Distributor equipment shall include full circulation spray bars, pump tachometer, volume measuring device and a hand hose attachment suitable for application of the emulsion manually to cover areas inaccessible to the distributor. The distributor shall be equipped to circulate and agitate the emulsion within the tank. The distributor shall have a computerized system, acceptable to the Engineer that controls the rate of product application. A check of distributor equipment as well as application rate accuracy and uniformity of distribution shall be made when directed by the Engineer. The truck used for applying slag screenings, or other aggregate approved by the Engineer, shall be equipped with a spreader that allows the slag screenings to be uniformly distributed onto the pavement. The spreader shall be able to apply 1/2 pound to 3 pounds of slag screenings per square yard in a single pass. The spreader shall be adjustable so as not to broadcast the slag screenings onto driveways or tree lawns. The slag screenings to be used shall be free flowing, without any leaves, dirt, stones, etc. Any wet slag screenings shall be rejected from the job site. Any equipment that is not maintained in full working order, or is proven inadequate to obtain the results prescribed, shall be repaired or replaced at the direction of the Engineer. APPLICATION OF REJUVENATING AGENT The asphalt-rejuvenating agent shall be applied by a distributor truck at the temperature recommended by the manufacturer and at the pressure required for the proper distribution. The emulsion shall be so applied that uniform distribution is obtained at all points of the areas to be treated. Distribution shall be commenced with a running start to ensure full rate of spread over the entire area to be treated. Areas inadvertently missed shall receive additional treatment as may be required by hand sprayer application. QR 20-PW08 30 | P a g e Application of asphalt rejuvenating agent shall be on one-half width of the pavement at a time. When the second half of the surface is treated, the distributor nozzle nearest the center of the road shall overlap the previous application by at least one-half the width of the nozzle spray. In any event the centerline construction joint of the pavement shall be treated in both application passes of the distributor truck. Before spreading, the asphalt rejuvenating agent shall be blended with water at the rate of two (2) parts rejuvenating agent to one (1) part water, by volume or as specified by the manufacturer for jobsite conditions. The combined mixture of asphalt rejuvenating agent and water shall be spread at the rate of 0.05 to 0.10 gallons per square yard, or as approved by the Engineer following field testing. Where more than one application is to be made, succeeding applications shall be made as soon as penetration of the preceding application has been completed and the Engineer grants approval for additional applications. Grades or super elevations of surfaces that may cause excessive runoff, in the opinion of the Engineer, shall have the required amounts applied in two or more applications as directed. After the rejuvenating emulsion has penetrated, a light coating of dry slag screenings, or other aggregate approved by the Engineer, shall be applied to the surface in sufficient amount to protect the traveling public as required by the Engineer. The slag screenings shall be swept and removed from the streets and properly disposed of at the Contractor’s expense within 24 hours of application. The Contractor shall furnish a quality inspection report showing the source, manufacturer, and the date shipped, for each load of asphalt rejuvenating agent. When directed by the Engineer, the Contractor shall take representative samples of material for testing. STREET SWEEPING The Contractor shall be responsible for sweeping and cleaning of the streets prior to, and after treatment. Prior to treatment, the street will be cleaned of all standing water, dirt, leaves, QR 20-PW08 31 | P a g e foreign materials, etc. This work shall be accomplished by hand brooming, power blowing or other approved methods. If in the opinion of the Engineer, the hand cleaning is not sufficient than a self-propelled street sweeper shall be used. All slag screenings used during the treatment must be removed no later than 24 hours after treatment of the street. This shall be accomplished by a combination of hand and mechanical sweeping. All turnouts, cul-de-sacs, etc. must be cleaned of any material to the satisfaction of the Engineer. Street sweeping will be included in the price bid per square yard for asphalt rejuvenating agent. If, in the opinion of the Engineer, additional slag screenings are required said material shall be applied by the contractor. Said slag screenings shall be swept up no later than 24 hours following reapplication. No additional compensation will be allowed for reapplication and removal of slag screenings. SPECIAL PROVISIONS All work associated with this contract shall meet the City of Milton and Georgia DOT standard specifications for construction materials, methods and procedures not specifically listed in this solicitation. The following are special provisions prepared specifically for this contract and may be in conflict with parts of the standard specifications. If conflicts are evident the special provisions shall take precedence over the standard specifications. PROSECUTION AND PROGRESS The City desires to have all work completed by October 1, 2020. 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 QR 20-PW08 32 | P a g e 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. The work will require bidder to provide all labor, administrative forces, equipment, materials and other incidental items to complete all required work. The City shall perform a Final Inspection upon completion of all work. The Contractor will be allowed to participate in the Final Inspection. All repairs shall be completed by the Contractor at his expense prior to issuance of Final Acceptance. 10% retainage will be held from the total amount due the Contractor until Final Acceptance of work is issued by the City. The Contractor shall provide all materials, labor, and equipment necessary to perform the work without delay unto completion. PERMITS AND LICENSES The Contractor shall procure all permits and licenses, pay all charges, taxes and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. QC/QA TESTING OF MATERIALS The Contractor will be responsible for all quality control testing (sampling, testing, and inspections) of materials incorporated into the project. All materials and workmanship shall meet appropriate GDOT specifications. Materials quality control testing types will meet GDOT specifications at a frequency equal to or exceeding that set by those specifications. Contractor shall secure the services of a GDOT qualified geotechnical testing firm to perform all required tests. Test results shall be provided to the City promptly as the work progresses. Tests shall meet GDOT Specs for type, method, and frequency. This work shall be considered incidental to the rest of the work and no separate payment will be made. Contractor will be responsible for replacing any work performed with material from rejected sample lot at no cost to the City. QR 20-PW08 33 | P a g e DEVIATION OF QUANTITIES The quantities given are estimates only and will vary from those indicated. Payment will be made based on actual quantities of work completed and accepted. The City reserves the right to add or delete quantities at any time. Contractor will notify the City in writing if additional items are identified or quantities of contract items will exceed plan. At no time will Contractor proceed with work outside the prescribed scope of services for which additional payment will be requested without the written authorization of the City. UTILITIES Contractor shall be responsible for coordinating any utility relocation necessary to the completion of the work. TEMPORARY TRAFFIC CONTROL The Contractor shall, at all times, conduct his work as to assure the least possible obstruction of traffic. The safety and convenience of the general public and the residents along the roadway and the protection of persons and property shall be provided for by the contractor as specified in the State of Georgia, Department of Transportation Standard Specifications Sections 104.05, 107.09 and 150. Traffic whose origin and destination is within the limits of the project shall be provided ingress and egress at all times unless otherwise specified by the City. The ingress and egress includes entrances and exits VIA driveways at various properties, and access to the intersecting roads and streets. The contractor shall maintain sufficient personnel and equipment (including flaggers and traffic control signing) on the project at all times, particularly during inclement weather, to ensure that ingress and egress are safely provided when and where needed. Two-way traffic shall be maintained at all times unless otherwise specified or approved by the City. In the event of an emergency situation, the Contractor shall provide access to emergency vehicles and/or emergency personnel through or around the construction area. Any pavement damaged by such an occurrence will be repaired by the Contractor at no additional cost to the City. QR 20-PW08 34 | P a g e The Contractor shall furnish, install and maintain all necessary and required barricades, signs and other traffic control devices in accordance with the latest MUTCD and GDOT specifications, and take all necessary precautions for the protection of the workers and safety of the public.. All existing signs, markers and other traffic control devices removed or damaged during construction operations will be reinstalled or replaced at the Contractor’s expense. At no time will Contractor remove regulatory signing which may cause a hazard to the public. The Contractor shall, within 24 hours place temporary pavement markings (paint or removable tape) matching existing pavement markings on milled or patched pavements. All personnel and equipment required for maintaining temporary traffic control, public convenience and safety will not be paid for separately and shall be incidental to other pay items. PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE The Contractor shall be responsible for the preservation of all public and private property, crops, fish ponds, trees, monuments, highway signs and markers, fences, grassed and sodded areas, etc. along and adjacent to the highway, road or street, and shall use every precaution necessary to prevent damage or injury thereto, unless the removal, alteration, or destruction of such property is provided for under the contract. No stone or asphalt chunks shall be left in the right-of-way and topsoil shall be placed in all disturbed areas before grassing. Contractor is responsible for ensuring that all permanent grassing shall match the existing grassing. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or in consequence of the non-execution thereof by the Contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding or otherwise restoring as may be directed, or she/he shall make good such damage or injury in an acceptable manner. The Contractor shall correct all disturbed areas before retainage will be released. QR 20-PW08 35 | P a g e CLEANUP All restoration and clean-up work shall be performed daily. Operations shall be suspended if the Contractor fails to accomplish restoration and clean-up within an acceptable period of time. Asphalt and other debris shall be removed from gutters, sidewalks, yards, driveways, etc. Failure to perform clean-up activities may result in suspension of the work. Project List Quantities are estimated quantities. Contractor shall determine the correct amount of quantity needed to complete this project. This project is a LUMP SUM bid. ROAD SY Champions Close 7,204 Pleasant Hollow Trail 3,668 Stratford Dr 3,517 Coach House Ln 4,183 Ashpoint Cir 850 Ashpoint Ln 2,317 Greenpoint 1,783 Heddingham Ct 1,063 Hermitage Trail 1,837 Lochmere Ct 1,037 Northwood Cove 1,939 Northwood Dr 6,155 Sabegreen Way 3,201 Sablewood Dr 5,078 43,829 QR 20-PW08 36 | P a g e [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Submittal Form – QR 20-PW08, Asphalt Rejuvenation Project 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 SIGNATURE______________________________________________________ PRINT / TYPE NAME ___________________________________________________________ TITLE ________________________________________________________________________ Total Bid Price $______________________________________________________________ Print Total Bid Price $_________________________________________________________ Number of days to fully complete project (exclude weather related days) ___________ QR 20-PW08 37 | P a g e GENERAL CONDITIONS Unless otherwise directed, all work performed under this contract shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition), and Special Provisions modifying them, except as noted below. SECTION 101 DEFINITION AND TERMS Section 101.10 Delete as written and substitute the BOARD following: CITY COUNCIL OF CITY OF MILTON, GEORGIA Section 101.14 Delete as written and substitute the COMMISSIONER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON Section 101.16 Delete the second paragraph and substitute CONTRACT 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 as a part of the Contract. Section 101.22 Delete as written and substitute the DEPARTMENT following: PUBLIC WORKS DEPARTMENT CITY OF MILTON Section 101.24 Delete as written and substitute the ENGINEER following: DIRECTOR OF PUBLIC WORKS, CITY QR 20-PW08 38 | P a g e OF MILTON, ACTING DIRECTLY OR THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Section 101.47 Delete as written and substitute STATE HIGHWAY ENGINEER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON, ACTING DIRECTLY OR THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Section 101.74 Retain as written and substitute the SUPPLEMENTAL AGREEMENT 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." Section 101.84 Add: DIRECTOR OF PUBLIC WORKS CITY OF MILTON SECTION 102 - BIDDING REQUIREMENTS AND CONDITIONS Section 102.05 EXAMINATION OF PLANS, Add the following paragraph: SPECIFICATIONS, SPECIAL PROVISIONS, “The City will not be responsible for AND SITE OF THE WORK Bidders’ errors or misjudgment, nor for any information on local conditions or general laws and regulations.” Section 102.07 REJECTION OF Add the following subparagraphs PROPOSALS “I. The City reserves the right to reject any and all bids, to waive technicalities, and to make an award as deemed in its best interest. It is understood that all bids are made subject to this Agreement, that the City reserves the right to award the bid to the lowest, responsible Bidder, and in arriving at this decision, full consideration will be given to the reputation of the Bidder, his financial responsibility, and work of this type successfully completed. “J. The City also reserves the right to reject any and all bids from any person, firm, or corporation who is in arrears in any debt or obligation to The City of Milton, Georgia.” QR 20-PW08 39 | P a g e Section 102.08 PROPOSAL Substitute the following for the first GUARANTY 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.” Add Section 102.15 ADDENDA AND INTERPRETATION 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.” Section 102.09 DELIVERY OF PROPOSALS: 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. SECTION 103 - AWARD OF AWARD AND EXECUTION OF CONTRACT Section 103.02 AWARD OF CONTRACT Delete in its entirety and substitute the following: “The contract, if awarded, shall be awarded to the lowest responsible bidder. The City of Milton reserves the right to exercise exclusive discretion as to the responsibility of any bidder. QR 20-PW08 40 | P a g e 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.” Section 103.05 REQUIREMENTS OF Delete in its entirety and substitute the CONTRACT BONDS 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. “ Section 103.07 FAILURE TO Delete in its entirety and substitute the EXECUTE CONTRACT following: “Failure to execute the Contract Performance, Payment or Maintenance Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days after the date of Notice of Award of the Contract, may be just cause for the annulment of the award and for the forfeiture of the proposal guaranty to the City of Milton, not as a penalty, but as liquidation of damages sustained. At the discretion of the City, the award may then be made to the next lowest bidder, may be re-advertised, or may be constructed by City forces. The Contract and Contract bonds shall be executed in quadruplicate.” SECTION 107 - LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC Section 107.18 ACQUISITION OF Add the following paragraph: RIGHT OF WAY “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.” QR 20-PW08 41 | P a g e Section 107.21 CONTRACTORS Add the following sentence to Paragraph A: RESPONSIBILITY FOR UTILITY “The Contractor is responsible for the PROPERTY AND SERVICE location of above and below ground Utilities and structures which may be affected by the Work.” SECTION 109 MEASUREMENT AND PAYMENT Section 109.07 PARTIAL PAYMENTS 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. Section 109.08 FINAL PAYMENT Delete in its entirety and substitute the Following: “Final Payment: Upon completion by the Contractor of the work, including the receipt of any final written submission of the Contractor and the approval thereof by the Department, the CITY will pay the Contractor a sum equal to 100 percent (100%) of the compensation set forth herein, less the total of all previous partial payments, paid or in the process of payment. The Contractor agrees that acceptance of this final payment shall be in full and final settlement of all claims arising against the CITY for work done, materials furnished, costs incurred, or otherwise arising out of this Agreement and shall release the CITY from any and all further claims of whatever nature, whether known or unknown for and on account of said Agreement, and for any and all work done, and labor and materials furnished, in connection with same.” QR 20-PW08 42 | P a g e ***NOTICE TO CONTRACTORS*** EPD AIR QUALITY RULES ON OPEN BURNING REFER TO CHAPTER 391-3-1-02-05 For additional/information, please contact: Georgia Department of Natural Resources Environmental Protection Division Air Protection Branch 4244 International Parkway, Suite 120 Atlanta, GA 30354 404/363-7000; 404/362-2534 – FAX ~ SAMPLE CONTRACT INTENTIONALLY OMITTED ~ “EXHIBIT B” ROME OF'TFiE BEST QUALIFY Of IJfF.N C FORG", I LTO NIP ESTABLISHED 2006 CITY OF MILTON QUOTE REQUEST (THIS IS NOT AN ORDER) Quote Number: Project Name: 20-PW08 Asphalt Rejuvenation Project Due Date and Time: April 7, 2020 Number of Pages: Local Time: 2:00pm ISSUING DEPARTMENT INFORMATION Issue Date: March 20, 2020 City of Milton Public Works Department 2006 Heritage Walk Milton, GA 30004 INSTRUCTIONS TO BIDDERS 109 Phone: 678-242-2500 Fax: 678-242-2499 Website: www.cityofmiltonga.us Electronic Submittal: **Bids must be Mark Face of Envelope/Package: submitted electronically via Milton's Bid Number: 20-PW07 BidNet procurement portal/platform at Name of Company or Firm www.cityofmiltonga. us If you have not registered as a vendor via BidNet we encourage you to register. There is no cost to join, and you will be notified of any potential bid opportunities with the City of Milton as well as other agencies who are part of the Georgia Purchasing Group. Special Instructions: Deadline for Written Questions March 27, 2020 at 5:00 pm Email questions online via the BidNet Direct procurement portal at www.cityofrni1tonga.us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authorized Bidder Signatory: Pavement Technology,lnc. 24144 Detriot Road an J, Durante, Sec fy/Treasurer 'i Westlake, Ohio 44145 se print name d SI n in � (.% AAr.� ? A - Bidder Phone Number: Bidder FAX Nu r: 440-892-1895 440-892-0953 Bidder Federal I.D. Number: Bidder E-mail Address: 34-1108308 jpalmer@pavetechinc.com BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE QR 20-PW08 1 I Page Table of Contents Topic Page 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 33 General Conditions 34 EPD Air Quality Rules 40 Sample Contract Agreement 41 QR 20-PW08 2 1 Page 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: Gallon LF: Lineal Feet LM: Lineal Mile LS: Lump Sum SY: Square Yard TN: Ton MUTCD: Manual on Uniform Traffic Control Devices OSHA: Occupational Safety and Health Administration FHWA: Federal Highway Administration AASHTO: American Association of State Highway and Transportation Officials QR 20-PW08 3 1 Page M I LTO-NIIN ESTAR [SHED 25 Quote Request (QR) 20-PW08 The City of Milton is accepting electronic bids from qualified firms for the Asphalt Rejuvenation Project for the Public Works Department in conformance with Title 32, Chapter 4, Article 4, Part 2 of the Official Code of Georgia Annotated. All work will be done in accordance with Georgia Department of Transportation's (GDOT) Standard Drawings, Standard Specifications, and Pay Items Index as standards and specifications for the construction and completion of the work required. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. Electronic bids will be received no later than 2:00 PM Local Time on April 7, 2020. Electronic bids shall be submitted online via BidNet Direct, the City's procurement portal, at www.cityofmiltonga.us . Bids received after the above time will not be accepted. Questions must be also be submitted online in the same manner listed above for bids. Deadline for questions is March 27, 2020 at 5:OOpm. Official answers to questions and potential change (Addendums) to the Quote Request (QR) will be posted at the same web location as the QR on or about March 31, 2020. Any other form of interpretation, correction, or change to this QR will not be binding upon the City. It is the bidder's responsibility to check the website for potential updates. Please refer to Bid (20-PW08) and bid name (Asphalt Rejuvenation Project) when requesting information. The City of Milton reserves the right to reject any or all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. The selected contractor must be able to start work within ten (10) calendar days after the "Notice to Proceed" is issued. The time of completion for the project is to be determined prior to the issuance of the "Notice to Proceed." If weather affects the required completion schedule, The City and selected contractor will negotiate a new completion date. Section 108.08 of the State of Georgia Department of Transportation Standard Specifications Construction of Transportation Systems (current edition) shall be applied. QR 20-PW08 4 1 Page SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE EVENT QR Issue Date DATE March 20,202 Deadline for Receipt of Online Questions 5 PM on March 27, 2020 Posting of Written Answers by City to Websites on or about March 3T, 2020 QR DUE No Later than 2:00 PM on April 7, 2020 Tentative Contract Award (on/about) Notice to Proceed (on/about) April 27, 2020 To be coordinated with the Contractor NOTE: PLEASE CHECK THE CITY WEBSITE (hfp://www.cityofmittonga.us) FOR ADDENDA AND SCHEDULE UPDATES. QR 20-PW08 5 1 Page BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) 1 Filled out and Signed Invitation to Bid (Cover Sheet) 1 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 33 INFORMATION AND INSTRUCTIONS 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 Asphalt Rejuvenation Project, QR 20-PW08. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. Unless clearly shown as "no substitute" or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturer's number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. The City reserves the right to cancel the contract at any time with 30 days written QR 20-PW08 6 1 Page notice. Title to any supplies, materials, equipment or other personal property shall remain the Contractors' until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor's expense to the complete satisfaction of the City of Milton with no additional expense to the City. EVALUATION The City intends to evaluate the QR on the lowest, responsible and responsive bidder. 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 QR. If a bid is found to be non- responsive or non-qualified, it will not be considered further. INSURANCE REQUIREMENTS Within ten (10) days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7.K). (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject QR 20-PW08 7 1 Page to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General_ Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance 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 QR 20-PW08 8 1 Page shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross -liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has QR 20-PW08 9 1 Page been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers' Compensation policy. BONDING REQUIREMENTS Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project strictly within the terms and conditions stated in this bid and in the bidding and contract documents, should the construction contract be awarded. The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE BONDS for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the 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. QR 20-PW08 10 1 Page Bonds shall be issued by a corporate surety appearing on the Treasury Department's most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. OATH Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e). COST OF PREPARING A BID The costs for developing and delivering responses to this QR 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 QR become the property of the City of Milton. QR 20-PW08 11 1 Page MILTON ESTABLISHED 27 [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 20-PW08 Asphalt Rejuvenation Project The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided, or expenses incurred, which are not specifically delineated in the Contract Documents, but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid. 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 QR 20-PW08 12 1 Page complete all Work as scheduled in Task Order(s) issued. If weather affects the required completion schedule, the City and selected Bidder will negotiate a new completion date. Attached hereto is an executed Bid Bond in the amount of $1,950.39 Dollars ($ (Five Percent of Amount Bid). If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda -- Addendum No. Date viewed Bidder further declares that the full name and resident address of Bidder's Principal is as follows: rd Signed, sealed, and dated this 3 day of Bidder Mailing Address: Pavement Technology,lnc. 24144 Detroit Road Westlake, Ohio 44145 Signature: April 20 20 Bidder Pavement Technology, Inc. Company Name Print Name: Susan J. Durante Title: Secretary/Treasurer (Seal) QR 20-PW08 13 1 Page MILTON ESTABLISHED 2W6 [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): Pavement Technology, Inc. SURETY (Name and Address of Principal Place of Business): Travelers Casualty and Surety Company of America 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): Asphalt Rejuvenation Project BOND BOND NUMBER: DATE (Not later that Bid due date): PENALSUM: 50 of Bid Amount 5% of Bid Amount (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. BIDDER' SURETY Travelers Casualty and Surety Company of em6�nt'Tgchnology (Inc. Seal) Am a (Seal) r' Name gnd Cor orat Seal --� Surety's Name and Corporate Seal By: ,( /* !!!:�"r Si,gnaturi�'b d V Aftest: .ria ure argd TitleJ By. MW NmA Signature and Title: Power of Attorney (Attach Power of Attorney) Attest: Signature and Title: QR 20-PW08 14 1 Page 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 sets 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. QR 20-PW08 15 1 Page 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. QR 20-PW08 16 1 Page ITRAVELERSJ� Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Allison Rindels of FAIRVIEW PARK , Ohio , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 17th day of January, 2019. �� �rr� � *vl■ RN0 y9 Ham. Ge �� State of Connecticut City of Hartford ss. By: 4-0 � — Robert L. Rane enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. ^F N� IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 rusuo Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 26th day of March 2020 e�iWrr �,µtr akoa ��t� � 3 � e j �w�Kevin E Hughes, Assr Cant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880, Please refer to the above-named Attorney -in -Fact and the details of the bond to which this Power of Attorneyis attached. Office of Risk Assessment Ohio Department of Insurance 50 West Town Street Ar% Third Floor - Suite 300 Mike DeWine - Governor Columbus,Ohio 43215 Jillian Froment - Director (614)644-2658 Certificate of Compliance ww.i surae e.o6 www.insurance.ohio.gov Issued 03/20/2020 Effective 04/02/2020 Expires 04/01/2021 I, Jillian Froment, hereby certify that I am the Director of Insurance in the State of Ohio and have supervision of insurance business in said State and as such I hereby certify that TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA of Connecticut is duly organized under the laws of this State and is authorized to transact the business of insurance under the following section(s) of the Ohio Revised Code: Section 3929.01 (A) Accident & Health Aircraft Allied Lines Boiler & Machinery Burglary & Theft Commercial Auto - Liability Commercial Auto - No Fault Commercial Auto - Physical Damage Credit Earthquake Fidelity Financial Guaranty Fire Glass Inland Marine Medical Malpractice Multiple Peril - Commercial Multiple Peril - Farmowners Multiple Peril - Homeowners Ocean Marine Other Liability Private Passenger Auto - Liability Private Passenger Auto - No Fault Private Passenger Auto - Physical Damage Surety Workers Compensation TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA certified in its annual statement to this Department as of December 31,2019 that it has admitted assets in the amount of $4,386,702,020, liabilities in the amount of $2,263,017,456, and surplus of at least $2,123,684,564. IN WITNESS WHEREOF, I have hereunto subscribed my name and caused my seal to be affixed at Columbus, Ohio, this day and date. Jillian Froment, Director INS7230(Rev.6/2003) Accredited by the National Association of Insurance Commissioners (NAIC) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD, CONNECTICUT 06183 FINANCIAL STATEMENT AS OF JUNE 30, 2019 CAPITAL STOCK $ 6,480,000 CASH AND INVESTED CASH $ 126,044,492 UNEARNED PREMIUMS $ 1,044,254,065 BONDS 3,657,484,389 LOSSES 786,554,485 STOCKS 301,556,879 LOSS ADJUSTMENT EXPENSES 165,965,315 INVESTMENT INCOME DUE AND ACCRUED 37,505,938 COMMISSIONS 33,039,858 OTHER INVESTED ASSETS 4,298,731 TAXES, LICENSES AND FEES 12,314,734 PREMIUM BALANCES 291,611,840 OTHER EXPENSES 32,884,644 NET DEFERRED TAX ASSET 51,102,309 CURRENT FEDERAL AND FOREIGN INCOME TAXES 7,883,423 REINSURANCE RECOVERABLE 24,272,783 REMITTANCES AND ITEMS NOT ALLOCATED 16,516,275 SECURITIES LENDING REINVESTED COLLATERAL ASSETS 5,320,191 AMOUNTS WITHHELD / RETAINED BY COMPANY FOR OTHERS 29,111,086 RECEIVABLES FROM PARENT, SUBSIDIARIES AND AFFILIATES 15,814,022 RETROACTIVE REINSURANCE RESERVE ASSUMED 799,095 OTHER ASSETS TRI -PARTY / TAX CREDIT BONDS 3,691,530 POLICYHOLDER DIVIDENDS 11,240,864 ASSUMED REINSURANCE RECEIVABLE AND PAYABLE 567,396 PROVISION FOR REINSURANCE 7,641,356 OTHER ASSETS 1,043,260 ADVANCE PREMIUM 1,256,693 PAYABLE FOR SECURITIES LENDING 5,320,191 ESCHEAT LIABILITY 1,232,614 CEDED REINSURANCE NET PREMIUMS PAYABLE 46,393,646 OTHER ACCRUED EXPENSES AND LIABILITIES 75,783 TOTAL LIABILITIES $ 2,202,484,127 CAPITAL STOCK $ 6,480,000 PAID IN SURPLUS 433,803,760 OTHER SURPLUS 1,877,545,873 TOTAL SURPLUS TO POLICYHOLDERS 2,31 ,829,8 3 TOTAL ASSETS 4,520,313,760 TOTAL LIABILITIES & SURPLUS 4,520,313,760 STATE OF CONNECTICUT ) COUNTY OF HARTFORD ) SS. CITY OF HARTFORD ) MICHAEL J. DOODY. BEING DULY SWORN, SAYS THAT HE IS VICE PRESIDENT, FINANCE, OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID COMPANY AS OF THE 30TH DAY OF JUNE, 2019. SUBSCRIBED AND SWORN TO BEFORE ME THIS 23RD DAY OF AUGUST, 2019 yyy y,l It,,, . �Ilf El. _� jLX'C")4lf :� VICE PRESIDENT. FIN8NGE r�� NOTARY B SUSAN M. WEISSLEDER NotaryPublic My Conmrission Expires November 30, 2022 E F E> CERTIFICATE OF LIABILITY INSURANCE DATA/g/ZOZOY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT McGowan & Company,Inc. NAME: Frances Lyons PHONE , 440.895.4359 FAX Nc :44O-333-3214 20595 Lorain Rd C MnN_v Fairview Park OH 44126 ADDRESS: flvonsamcgowaninsurance.com INSURED Pavement Technology, Inc 24144 Detroit Rd Westlake OH 44145 INSURER A: Travelers Property Casualty Co of America PAVETEC-01 INSURER B: Phoenix Insurance ComDanv INSURER D INSURER E: INSURER F COVERAGES CFRTIFICATF NI IMRFR• 11 Q9ARA94F 01:1/ICIr1Nl NII IMRPI?• NAIC # 36161 25623 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 lICY EXP i7 R ADDL TYPE OF INSURANCE M.Sa rvDBRI POLICY NUMBER f MM DD/YYYY MMPOGICY EFF LDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FRI OCCUR Y Y C0-324146425 3/1/2020 3/1/2021 EACH OCCURRENCE $1,000,000 PREMISE Ea qoqmrewal $500,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: POLICY [K] JE � ❑LOC OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS -COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIREDX NON -OWNED AUTOS ONLY AUTOS ONLY Y Y 810-81-678293 3/1/2020 3/1/2021 COMBINED SINLE LIMIT $1,000,000 Ea accident BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X PR¢PEI2TYDAMAGE $ Per 1 A X UMBRELLA LIAB EXCESS LAB X OCCUR CLAIMS -MADE Y Y CUP -2J391570 3/1/2020 3/1/2021 EACH OCCURRENCE $5,000,000 AGGREGATE $ 5,000,000 DED I X RETENTION $ IQ Min $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVEE.L, OFFICER/MEMBEREXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A Y UB-OK349145 3/1/2020 3/1/2021 .X SETATUTE EROTH- EACH ACCIDENT $ 1,000,000 EL DISEASE - EA EMPLOYEE $ 1,000,000 E.L DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: Asphalt Rejuvenation Project Certificate Holder is included as an additional insured as required by written contract It is further agreed that a waiver of subrogation applies in favor of the certificate holder as required by written contract. CERTIFICATE HOLDER CANCELLATION City of Milton Attn: Purchasing Office 2006 Heritage Walk Milton GA 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD MILTON IP UTABL1SHED 240G [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do , do not _ X , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name: QR 20-PW08 18 1 Page MILTON ESTABLISHED W [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] 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: 705855 eVerify Number March 2015 Date of Authorization Pavement Technology, Inc. Name of Contractor Asphalt R 'uvenation Project Name of Project City of Milton, Georgia Name of Public Employer QR 20-PW08 I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on April 3 2W iWestlal�city), OH (state). 11 Sign Lure of Authoriz Officer o i ed Name and T of Authorized Officer or Agent Susan J. Durante, Secretary/Treasurer SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 3 DAY OF April 2C2Q_. l _ TA-04PUBUC 1 . GREGORY B. BUCUR (N TA[�Y' SEAL] NOTARY PUBLIC - OHIO ` ,� _ t"•'• '� MY COMMISSION EXPIRES My C' -0 Expiret: June 30, 2024 19 Page MILTON ESPABLIS11tD 2007 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder Pavement Technology, Inc. Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) N/A List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description 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: QR 20-PW08 20 1 Page PROJECT SPECIFICATIONS PROJECT DESCRIPTION: The City of Milton Public Works Department (City) requests for interested parties to submit formal sealed bids/proposals for the FY20 Asphalt Rejuvenation Project. The project segments locations are depicted in the Bid Schedule. This project shall follow the City of Milton Specifications called out in this bid. The most current GDOT Specifications and shelf Special Provisions apply to all work performed under this contract. QR 20-PW08 21 1 Page STANDARD SPECIFICATIONS FOR ASPHALT SURFACE PRESERVATION WITH A MALTENE BASED ASPHALT REJUVENATING AGENT QR 20-PW08 22 1 Page ASPHALT REJUVENATING AGENT Scope This work shall consist of furnishing all labor, material, and equipment necessary to perform all operations for the application of an asphalt rejuvenating agent to asphaltic concrete surface courses. The rejuvenation of surface courses shall be by spray application of a maltene based cationic rejuvenating agent composed of petroleum oils and resins emulsified with water. All work shall be in accordance with the specifications, the applicable drawings, and subject to the terms and conditions of this contract. Material Specifications The asphalt rejuvenating agent shall be an emulsion composed of a petroleum resin oil base uniformly emulsified with water. Each bidder must submit with his bid a certified statement from the asphalt rejuvenator manufacturer showing that the asphalt rejuvenating emulsion conforms to the required physical and chemical requirements. SPECIFICATIONS Test Method Requirements Tests ASTM AASHTO Min. Max. Tests on Emulsion: Viscosity @ 25❑C, SFS D-244 T-59 15 40 Residue, % W1 D-244(Mod.) T-59(Mod) 60 65 Miscibility Test2 D-244(Mod.) T-59(Mod) No Coagulation Sieve Test, %W3 D-244(Mod.) T-59(Mod) - 0.1 Particle Charge Test D-244 T-59 Positive Percent Light Transmittance4 GB GB - 30 Tests on Residue from Distillation: Flash Point, COC, ❑C D-92 T-48 196 - Viscosity @ 60❑C, cSt D-445 - 100 200 Asphaltenes, how D-2006-70 - - 1.00 Maltene Dist. Ratio D-2006-70 - 0.3 0.6 PC + A,5 S+A2 QR 20-PW08 23 1 Page PC/S Ratios D-2006-70 - 0.5 - Saturated Hydrocarbons,S5 D-2006-70 - 21 28 1 ASTM D-244 Modified Evaporation Test for percent of residue is made by heating 50 gram sample to 149 C (300 F) until foaming ceases, then cool immediately and calculate results. 2 Test procedure identical with ASTM D-244-60 except that .02 Normal Calcium Chloride solution shall be used in place of distilled water. 3 Test procedures identical with ASTM D-244-60 except that distilled water shall be used in place of two percent sodium oleate solution. 4 Test procedure is attached. 5 Chemical composition by ASTM Method D-2006-70: PC = Polar Compounds, Ai = First Acidaffins A2 = Second Acidaffins, S = Saturated Hydrocarbons PROCEDURE FOR DETERMINING PERCENT LIGHT TRANSMITTANCE ON ASPHALT REJUVENATING AGENT A. SCOPE This procedure covers the determination of percent light transmittance of the asphalt rejuvenating agent. B. APPARATUS 1) Container may be either glass, plastic or metal having a capacity of 6,000 ml. 2) Graduated cylinder, 1,000 ml, or greater 3) Light transmittance measuring apparatus, such as Bausch and Lomb or Lumetron spectrophotometer 4) Graduated pipette having 1 ml capacity to 0.01 ml accuracy 5) Suction bulb for use with pipette 6) Test tubes compatible with spectrophotometer, 3/4" X 6, Bausch and Lomb, Catolog No. 33-17- 81, (B&L) QR 20-PW08 24 1 Page C. CALIBRATION OF SPECTROPHOTOMETER 1) Calibrate spectrophotometer as follows: (a) Set wavelength at 580 mu, (b) Allow spectrophotometer to warm-up thirty minutes, (c) Zero percent light transmittance (%LT) scale, (d) Rinse test tube three times with tap water and fill to top of circle marking on B&L test tube or approximately 2/3 full, (e) Place tube in spectrophotometer and set %LT scale at 100, and (f) repeat steps (c) and (e) two times or until no further adjustments are necessary. D. PROCEDURE 1) Shake, stir or otherwise thoroughly mix emulsion to be tested. Place sample of emulsion in beaker and allow to stand one minute. 2) Place 2,000 ml tap water in container. 3) Suck 1.00 ml emulsion into pipette using suction bulb. Wipe off outside of pipette. 4) Using suction bulb, blow emulsion into container. 5) Rinse pipette by sucking in diluted emulsion solution and blowing out. 6) Clean pipette with soap or solvent and water. Rinse with acetone. 7) Stir diluted emulsion thoroughly. 8) Rinse out tube to be used with the diluted emulsion three times and fill to top of circle. 9) Calibrate spectrophotometer. 10) Place diluted emulsion sample tube in spectrophotometer, cover and read %LT to nearest tenth. 1 1) Repeat steps 9 and 10 until three identical consecutive readings are achieved. 12) The elapsed time between addition of emulsion to dilution of water and final %LT reading should not exceed 5 minutes. MATERIAL PERFORMANCE The asphalt rejuvenating agent shall have the capability to penetrate the asphalt pavement surface. The asphalt rejuvenating agent shall be absorbed and incorporated into the asphalt binder. Verification that said incorporation of the asphalt rejuvenating agent into the asphalt binder has been affected shall be by analysis of the chemical properties of said asphalt binder i.e. viscosity shall be improved to the following extent. The viscosity shall be reduced by a minimum of forty, (40%) percent QR 20-PW08 25 1 Page as determined by dynamic shear rheometer (DSR) method for asphalt testing in accord with AASHTO T315-05. This analysis shall apply to extracted asphalt binder, taken from cores extracted fifteen to thirty days following application, in the upper 3/8" of pavement. In addition, the treated areas shall be sealed in-depth to the intrusion of air and water. The rejuvenating agent shall have a record of at least five years of satisfactory service as an asphalt rejuvenating agent and in-depth sealer. Satisfactory service shall be based on the capability of the material to decrease the viscosity of the asphalt binder and provide an in-depth seal. Reclamite@, manufactured by D&D Emulsion, Inc., Mansfield, Ohio, is a product of know quality and accepted performance. The bidder must submit with his bid the manufacturer's certification that the material proposed for use is in compliance with the specification requirements. The bidder must submit with his bid previous use documentation and test data conclusively demonstrating that; the rejuvenating agent has been used successfully for a period of five years by government agencies such as Cities, Counties, etc; and that the asphalt rejuvenating agent has been proven to perform, as heretofore required, through field testing by government agencies as to the required change in asphalt binder viscosity. Testing data shall be submitted indicating such product performance on a sufficient number of projects to insure product consistency. In addition, testing data shall be submitted to indicate said product performance over a testing period of three years to insure reasonable life expectancy. RECLAMITE®, a product of Golden Bear Oil, a division of Tricor Refining, LLC. is a product of known quality and accepted performance. APPLICATOR EXPERIENCE The asphalt -rejuvenating agent shall be applied by an experienced applicator of such material. The bidder shall have a minimum of three (3) years' experience in applying the product proposed for use. Bidder must submit with his bid a list of five (5) projects on which he applied said rejuvenator. Bidder shall indicate the project dates, number of square yards treated in each and the name and phone number of the government official in charge of each project. QR 20-PW08 26 1 Page A project superintendent knowledgeable and experienced in application of the asphalt -rejuvenating agent must be in control of each day's work. The bidder shall submit a written experience outline of the project superintendent. PRODUCT STANDARDS AND ALTERNATES The product "Reclamite"® for the asphalt rejuvenating agent as manufactured by Golden Bear oil, a division of Tricor Refining, LLC. is the standard for these specifications and the prices quoted on the Bid Sheet Base Bid shall be for this standard. Should a bidder wish to submit a bid for alternates to the Standard, said prices shall be entered on the BID SHEET as the "Alternate Bid" for each item. In the event that the bidder submits no bid for the Standard, only the "Alternate Bids" should be completed. Bidders may offer an ALTERNATE for the Standard specified in the Specifications provided the bidder adheres to the following and submits same with his bid. (a) List the proposed alternate on the BID SHEET form giving the product name and price. (b) Furnish complete specifications and descriptive literature for the alternate as well as a one -gallon sample of the material proposed for use. Such descriptive and detailed information shall be complete and at least equal in detail to the agency's requirements for the standard item for which the alternate is offered. (c) Submit a current Material Safety Data Sheet for the alternate materials. The agency will give the alternate consideration. The Contractor may furnish only those alternate items included in his proposal and approved by the agency prior to award of a contract. (d) Furnish all required test data and use documentation as hereto for required. If no ALTERNATE is indicated on the BID SHEET, the Contractor shall furnish the STANDARD (brand) specified in the attached specifications. Should the ALTERNATE offered be found unacceptable by the agency based on the data submitted with the bid and no bid is entered on the BID SHEET for the Standard, then said bid will be considered non-responsive. QR 20-PW08 27 1 Page APPLICATION TEMPERATURE/WEATHER LIMITATIONS The temperature of the asphalt rejuvenating emulsion, at the time of application shall be as recommended by the manufacturer. The asphalt -rejuvenating agent shall be applied only when the existing surface to be treated is thoroughly dry and when it is not threatening to rain. The asphalt -rejuvenating agent shall not be applied when the ambient temperature is below 40°F. HANDLING OF ASPHALT REJUVENATING AGENT Contents in tank cars or storage tanks shall be circulated at least forty-five minutes before withdrawing any material for application. When loading the distributor, the asphalt rejuvenating agent concentrate shall be loaded first and then the required amount of water shall be added. The water shall be added into the distributor with enough force to cause agitation and thorough mixing of the two materials. To prevent foaming, the discharge end of the water hose or pipe shall be kept below the surface of the material in the distributor that shall be used as a spreader. The distributor truck will be cleaned of all of its asphalt materials and washed out to the extent that no discoloration of the emulsion may be perceptible. Cleanliness of the spreading equipment shall be subject to the approval and satisfaction of the Engineer. RESIDENT NOTIFICATION The Contractor shall distribute by hand, a typed notice to all residences and businesses on the street to be treated. The notice will be delivered no more than 24 hours prior to the treatment of the road. The notice will have a local phone number that residents may call to ask questions. The notice shall be of the door hanger type that secures to the door handle of each dwelling. Unsecured notices will not be allowed. The Contractor shall also place the notice on the windshield of any parked cars on the street. Hand distribution of this notice will be considered incidental to the contract. APPLICATING EQUIPMENT The distributor for spreading the emulsion shall be self-propelled and shall have pneumatic tires. The distributor shall be designed and equipped to distribute the QR 20-P W 08 28 1 Page asphalt rejuvenating agent uniformly on variable widths of surface at readily determined and controlled rates from 0.05 to 0.5 gallons per square yard of surface, and with an allowable variation from any specified rate not to exceed 5 percent of the specified rate. Distributor equipment shall include full circulation spray bars, pump tachometer, volume measuring device and a hand hose attachment suitable for application of the emulsion manually to cover areas inaccessible to the distributor. The distributor shall be equipped to circulate and agitate the emulsion within the tank. The distributor shall have a computerized system, acceptable to the Engineer that controls the rate of product application. A check of distributor equipment as well as application rate accuracy and uniformity of distribution shall be made when directed by the Engineer. The truck used for applying slag screenings, or other aggregate approved by the Engineer, shall be equipped with a spreader that allows the slag screenings to be uniformly distributed onto the pavement. The spreader shall be able to apply 1/2 pound to 3 pounds of slag screenings per square yard in a single pass. The spreader shall be adjustable so as not to broadcast the slag screenings onto driveways or tree lawns. The slag screenings to be used shall be free flowing, without any leaves, dirt, stones, etc. Any wet slag screenings shall be rejected from the job site. Any equipment that is not maintained in full working order, or is proven inadequate to obtain the results prescribed, shall be repaired or replaced at the direction of the Engineer. APPLICATION OF REJUVENATING AGENT The asphalt -rejuvenating agent shall be applied by a distributor truck at the temperature recommended by the manufacturer and at the pressure required for the proper distribution. The emulsion shall be so applied that uniform distribution is obtained at all points of the areas to be treated. Distribution shall be commenced with a running start to ensure full rate of spread over the entire area to be treated. Areas inadvertently missed shall receive additional treatment as may be required by hand sprayer application. QR 20-PW08 29 1 Page Application of asphalt rejuvenating agent shall be on one-half width of the pavement at a time. When the second half of the surface is treated, the distributor nozzle nearest the center of the road shall overlap the previous application by at least one-half the width of the nozzle spray. In any event the centerline construction joint of the pavement shall be treated in both application passes of the distributor truck. Before spreading, the asphalt rejuvenating agent shall be blended with water at the rate of two (2) parts rejuvenating agent to one (1) part water, by volume or as specified by the manufacturer for jobsite conditions. The combined mixture of asphalt rejuvenating agent and water shall be spread at the rate of 0.05 to 0.10 gallons per square yard, or as approved by the Engineer following field testing. Where more than one application is to be made, succeeding applications shall be made as soon as penetration of the preceding application has been completed and the Engineer grants approval for additional applications. Grades or super elevations of surfaces that may cause excessive runoff, in the opinion of the Engineer, shall have the required amounts applied in two or more applications as directed. After the rejuvenating emulsion has penetrated, a light coating of dry slag screenings, or other aggregate approved by the Engineer, shall be applied to the surface in sufficient amount to protect the traveling public as required by the Engineer. The slag screenings shall be swept and removed from the streets and properly disposed of at the Contractor's expense within 24 hours of application. The Contractor shall furnish a quality inspection report showing the source, manufacturer, and the date shipped, for each load of asphalt rejuvenating agent. When directed by the Engineer, the Contractor shall take representative samples of material for testing. STREET SWEEPING The Contractor shall be responsible for sweeping and cleaning of the streets prior to, and after treatment. Prior to treatment, the street will be cleaned of all standing water, dirt, leaves, QR 20-P W 08 30 1 Page foreign materials, etc. This work shall be accomplished by hand brooming, power blowing or other approved methods. If in the opinion of the Engineer, the hand cleaning is not sufficient than a self-propelled street sweeper shall be used. All slag screenings used during the treatment must be removed no later than 24 hours after treatment of the street. This shall be accomplished by a combination of hand and mechanical sweeping. All turnouts, cul-de-sacs, etc. must be cleaned of any material to the satisfaction of the Engineer. Street sweeping will be included in the price bid per square yard for asphalt rejuvenating agent. If, in the opinion of the Engineer, additional slag screenings are required said material shall be applied by the contractor. Said slag screenings shall be swept up no later than 24 hours following reapplication. No additional compensation will be allowed for reapplication and removal of slag screenings. SPECIAL PROVISIONS All work associated with this contract shall meet the City of Milton and Georgia DOT standard specifications for construction materials, methods and procedures not specifically listed in this solicitation. The following are special provisions prepared specifically for this contract and may be in conflict with parts of the standard specifications. If conflicts are evident the special provisions shall take precedence over the standard specifications. PROSECUTION AND PROGRESS The City desires to have all work completed by October 1, 2020. 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 QR 20-PW08 31 1 P a g e 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. The work will require bidder to provide all labor, administrative forces, equipment, materials and other incidental items to complete all required work. The City shall perform a Final Inspection upon completion of all work. The Contractor will be allowed to participate in the Final Inspection. All repairs shall be completed by the Contractor at his expense prior to issuance of Final Acceptance. 10% retainage will be held from the total amount due the Contractor until Final Acceptance of work is issued by the City. The Contractor shall provide all materials, labor, and equipment necessary to perform the work without delay unto completion. PERMITS AND LICENSES The Contractor shall procure all permits and licenses, pay all charges, taxes and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. 9C/QA TESTING OF MATERIALS The Contractor will be responsible for all quality control testing (sampling, testing, and inspections) of materials incorporated into the project. All materials and workmanship shall meet appropriate GDOT specifications. Materials quality control testing types will meet GDOT specifications at a frequency equal to or exceeding that set by those specifications. Contractor shall secure the services of a GDOT qualified geotechnical testing firm to perform all required tests. Test results shall be provided to the City promptly as the work progresses. Tests shall meet GDOT Specs for type, method, and frequency. This work shall be considered incidental to the rest of the work and no separate payment will be made. Contractor will be responsible for replacing any work performed with material from rejected sample lot at no cost to the City. QR 20-PW08 32 1 Page DEVIATION OF QUANTITIES The quantities given are estimates only and will vary from those indicated. Payment will be made based on actual quantities of work completed and accepted. The City reserves the right to add or delete quantities at any time. Contractor will notify the City in writing if additional items are identified or quantities of contract items will exceed plan. At no time will Contractor proceed with work outside the prescribed scope of services for which additional payment will be requested without the written authorization of the City. UTILITIES Contractor shall be responsible for coordinating any utility relocation necessary to the completion of the work. TEMPORARY TRAFFIC CONTROL The Contractor shall, at all times, conduct his work as to assure the least possible obstruction of traffic. The safety and convenience of the general public and the residents along the roadway and the protection of persons and property shall be provided for by the contractor as specified in the State of Georgia, Department of Transportation Standard Specifications Sections 104.05, 107.09 and 150. Traffic whose origin and destination is within the limits of the project shall be provided ingress and egress at all times unless otherwise specified by the City. The ingress and egress includes entrances and exits VIA driveways at various properties, and access to the intersecting roads and streets. The contractor shall maintain sufficient personnel and equipment (including flaggers and traffic control signing) on the project at all times, particularly during inclement weather, to ensure that ingress and egress are safely provided when and where needed. Two-way traffic shall be maintained at all times unless otherwise specified or approved by the City. In the event of an emergency situation, the Contractor shall provide access to emergency vehicles and/or emergency personnel through or around the construction area. Any pavement damaged by such an occurrence will be repaired by the Contractor at no additional cost to the City. QR 20-PW08 33 1 Page The Contractor shall furnish, install and maintain all necessary and required barricades, signs and other traffic control devices in accordance with the latest MUTCD and GDOT specifications, and take all necessary precautions for the protection of the workers and safety of the public.. All existing signs, markers and other traffic control devices removed or damaged during construction operations will be reinstalled or replaced at the Contractor's expense. At no time will Contractor remove regulatory signing which may cause a hazard to the public. The Contractor shall, within 24 hours place temporary pavement markings (paint or removable tape) matching existing pavement markings on milled or patched pavements. All personnel and equipment required for maintaining temporary traffic control, public convenience and safety will not be paid for separately and shall be incidental to other pay items. PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE The Contractor shall be responsible for the preservation of all public and private property, crops, fish ponds, trees, monuments, highway signs and markers, fences, grassed and sodded areas, etc. along and adjacent to the highway, road or street, and shall use every precaution necessary to prevent damage or injury thereto, unless the removal, alteration, or destruction of such property is provided for under the contract. No stone or asphalt chunks shall be left in the right-of-way and topsoil shall be placed in all disturbed areas before grassing. Contractor is responsible for ensuring that all permanent grassing shall match the existing grassing. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or in consequence of the non -execution thereof by the Contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding or otherwise restoring as may be directed, or she/he shall make good such damage or injury in an acceptable manner. The Contractor shall correct all disturbed areas before retainage will be released. QR 20-PW08 34 1 Page CLEANUP All restoration and clean-up work shall be performed daily. Operations shall be suspended if the Contractor fails to accomplish restoration and clean-up within an acceptable period of time. Asphalt and other debris shall be removed from gutters, sidewalks, yards, driveways, etc. Failure to perform clean-up activities may result in suspension of the work. Project List ROAD SY Champions Close 7,204 Pleasant Hollow Trail 3,668 Stratford Dr 3,517 Coach House Ln 4,183 Ashpoint Cir 850 Ashpoint Ln 2,317 Greenpoint 1,783 Heddingham Ct 1,063 Hermitage Trail 1,837 Lochmere Ct 1,037 Northwood Cove 1,939 Northwood Dr 6,155 Sabegreen Way 3,201 Sablewood Dr 5,078 43,829 Quantities are estimated quantities. Contractor shall determine the correct amount of quantity needed to complete this project. This project is a LUMP SUM bid. QR 20-PW08 35 1 Page MILTON ESTABLISHED 77 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Submittal Form - QR 20-PW08, Asphalt Rejuvenation Project 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 Pavement Technology, Inc. Detro' ad, Westlake, Ohi 44141 �~ --- ADDRESS 24144 }��, � � AUTHORIZED SIGNATUR PRINT / TYPE NAME Susan J. Durante TITLE Secretary/Treasurer Total Bid Price $ 39, 007.81 Print Total Bid Price $ Thirty nine thousand, seven dollars and eighty one cents. Number of days to fully complete project (exclude weather related days) 7 days QR 20-PW08 36 1 Page GENERAL CONDITIONS Unless otherwise directed, all work performed under this contract shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition), and Special Provisions modifying them, except as noted below. SECTION 101 DEFINITION AND TERMS Section 101.10 Delete as written and substitute the BOARD following: CITY COUNCIL OF CITY OF MILTON, GEORGIA Section 101.14 Delete as written and substitute the COMMISSIONER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON Section 101.16 Delete the second paragraph and substitute CONTRACT 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 as a part of the Contract. Section 101.22 Delete as written and substitute the DEPARTMENT following: PUBLIC WORKS DEPARTMENT CITY OF MILTON Section 101.24 Delete as written and substitute the ENGINEER following: DIRECTOR OF PUBLIC WORKS, CITY QR 20-PW08 37 1 Page Section 101.47 STATE HIGHWAY ENGINEER Section 101.74 SUPPLEMENTAL AGREEMENT Section 101.84 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 - BIDDING 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 information on local conditions or general laws and regulations." Section 102.07 REJECTION OF PROPOSALS Add the following subparagraphs "I. The City reserves the right to reject any and all bids, to waive technicalities, and to make an award as deemed in its best interest. It is understood that all bids are made subject to this Agreement, that the City reserves the right to award the bid to the lowest, responsible Bidder, and in arriving at this decision, full consideration will be given to the reputation of the Bidder, his financial responsibility, and work of this type successfully completed. "J. The City also reserves the right to reject any and all bids from any person, firm, or corporation who is in arrears in any debt or obligation to The City of Milton, Georgia." QR 20-PW08 38 1 Page Section 102.08 PROPOSAL GUARANTY Add Section 102.15 ADDENDA AND INTERPRETATION Section 102.09 DELIVERY OF PROPOSALS: 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. SECTION 103 - AWARD OF AWARD AND EXECUTION OF CONTRACT Section 103.02 AWARD OF CONTRACT Delete in its entirety and substitute the following: "The contract, if awarded, shall be awarded to the lowest responsible bidder. The City of Milton reserves the right to exercise exclusive discretion as to the responsibility of any bidder. QR 20-P W 08 39 1 Page Section 103.05 REQUIREMENTS OF CONTRACT BONDS Section 103.07 FAILURE TO EXECUTE CONTRACT 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." SECTION 107 - LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC Section 107.18 ACQUISITION OF RIGHT OF WAY 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." QR 20-PW08 40 1 Page 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 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, 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." QR 20-PW08 41 1 Page 'NOTICE TO CONTRACTORS' EPD AIR QUALITY RULES ON OPEN BURNING REFER TO CHAPTER 391-3-1-02-05 For additional/information, please contact: Georgia Department of Natural Resources Environmental Protection Division Air Protection Branch 4244 International Parkway, Suite 120 Atlanta, GA 30354 404/363-7000; 404/362-2534 - FAX QR 20-PW08 42 1 Page 270 PARK AVENUE EAST P.O. BOX 1706 MANSFIELD, OH 44901 www.ddemulsionsinc.coni Phone: 419-522-9440 Fax: 419-522-8606 Licensed Manufacturer Tricor Refining, LLC Producers of Golden Bearo Preservation Products CERTIFICATE OF COMPLIANCE TO WHOM IT MAY CONCERN PRODUCT- RECLAMITE® IT IS HEREBY CERTIFIED THAT THE ABOVE PRODUCT DESIGNATED HEREON CONFORMS TO THE APPLICABLE SPECIFICATIONS FOR THE PRODUCT SO INDICATED, AND THAT PAVEMENT TECHNOLOGY, INCORPORATED HAS BEEN AN AUTHORIZED APPLICATOR FOR D & D EMULSIONS, INC. AN AUTHORIZED LICENSED MANUFACTURER FOR TRICOR REFINING, LLC. Date. May 25, 2018 Approved by: 1 rkr� Title Presi er�t TRICOR REFINING, LLC Producers of GOLDEN BEAR PRESERVATION PRODUCTS 1134 Manor St. - Oildale, CA 93308 / P.O. Box 5877 - Bakersfield, CA 93388 Phone 661.393.7110 — Fax 661.393.1601 R E C LAM I TE ® Asphalt Rejuvenating Agent Specifications: _ Test Method Requirements Tests ASTM AASHTO Min. Max. Tests on Emulsion: Viscosity @ 25°C, SFS D-244 Residue, % wt'? D-244 (mod) Miscibility Test(�) D-244 (mod) Sieve Test, % wi31 D-244 (Mod) Particle Charge Test D-244 Percent Light Transmittance(4) GB Cement Mixing D-244 T-59 15 40 T-59 (mod) 60 65 T-59 (mod) No Coagulation T-59 (mod) --- 0.1 T-59 Positive GB — 30 2.0 Tests on Residue from Distillation Flash Point, COC, °C D-92 T-48 196 -- Viscosity @ 60°C, cSt D-445 -- 100 200 Asphaltenes, %w D-2006-70 --- 0.75 Maltene Distribution Ratio D-2006-70 --- 0.3 0.6 PC + Al(5) S + A2 PC/S Ratio(5) D-2006-70 -- 0.5 --- Saturate hydrocarbons, S(5) D-2006-70 -- 21 28 'ASTM D-244 Evaporation Test for percent of residue is made by heating 50 gram sample to 149°C (300°F) until foaming ceases, then cool immediately and calculate results. T'rest procedure identical with ASTM D-244 60 except that .02 Normal Calcium Chloride solution shall he used in place of distilled water.. Test procedure identical with ASTM D-244 60 except that distilled water shall be used in place of two percent sodium oleate solution. ¢Test procedure is attached, $Chemical composition by ASTM Method D-2006-70: PC = Polar Compounds, Ar = First Acidaf ins. A2= Second Acidaffins, S = Saturated Hydrocarbons. Note: For gailton conversion use 242 gal/ton. Note: Data presented are typical. Slight variation may occur from lot to lot. Evaluation of *Seal boat Runway 16-34 Laj*es Field, Azores by J. E. Pickets Geotechnical Laboratory . U.S. Army Engineer Waterways Fatperimcnt Station P.O. Boa 631 Vicksburg, Mississipi March 1983 Pavement Technology, Inc. AVT=ffiW afahmmax" sp"&Zr 24344 DOWA Fid. Vftsd&ke, OH 4414:5 I . In February 1983, the Pavement Systems Division. Geoterlideal Laboratory, U.S. Array P.,ngin= Waterways Experiment Station (WBS), Vicksburg, Nfisdssippi, was requested by the 1605th Air Base Wing (MAC), Lajes FWcL i4.xorm, to provide t=h- nical assistatice and construction hMm: 6n of the rejuvenator project an Rmnny I6-34, which induded sampling and kboratory testing. Treatment of the runway was per enc: 3 i.gout of saaepled eras' L46 B+ 9"OldN hoject. AZ 9=19 'l5U0' formed 10-15 March. An excess of Reclamite remaining from projects in 1979 and 1983 was used too treat some parking aprons and taxiways. . 2. Messrs. Jack E. Pickett and James E. Schoenberger traveled to L ejes Field on 28 February 1983 to take samples before and after treatment and to observe the rejuvenator application. 3. The 10,854 -ft runway was divided into seWors and treated in three phases. This was 2 E) m CL a 3 .. i 1,(-- 1432' 2 3 k done so the runway could remain open to traffic during treatment. Before treatment, one set of three 6 -in. cores were taken at each of eight locations, selected at random throughout the runway, two sets from Phase I and tree sets each from Phases II and III. Core loca- tions are shown on Incl I., After treatment, throe additional cores were taken at each loca- tion within 2 to 4 ft of the original core locations and in the saute construction lane. The samples were processed by sawing 3/8 in. of material from the upper surface. The asphalt was extracted from this 3/8 -in. -thick sample and ra*vcrv4 untreated samples were processed at the irmid laboratory at Lames. The recovered a'spbah and treated samples were retumed to WES for pros usb* and-pc=ra- tion and viscosity testing. Results of these laboratory testa are in Table I. Test results indicate the rejuvenation of Table I Lajas Rejuvenator. 1983 Sample Ngwber. . 1 2 3 4 5 6 7 8 Average Change (vie) Statiap From Sduth End R/W & C 2+43, 83.7 ft W 23 + 55, 134.9 ft W 34+34.5.1 ft E 52 + 07, 51.3 It W 64 + 36, 32.4 ft E 80 + 67, 14.6 ft W 86 + 86. 121 Aft E 99 + 17, 17 ft E Penetration• -77 °F (25 °C) 100 Si 5 see 0.1 MM Untreated Treated 11.00 11.00 13.00 9.00 4.00 9.00 6.00 6.00 8.63 Penetration Runway 16-34 was satisfactory.. -Me penetra- tion test shows an ir=mse of approximately 194 Pelment and the viscosity test shows a decr=e of aFproximateiy 94 pmvmL The sPeci kation retluires the average penetration to be increased *by 7.0 Percent and -the average viscosity to be decreased by 40 percent. 4. The contractor for the project was Mr- Cclin•M. Durante, Pavement Technology, Inc-, i 12W Batt Road, Cleveland, Dhio 441M- He elected tjo use Reclamlte, a Proprietary material manufactured by the Golden Bear Division of Witco Chemical Cvrpflration, Bakersfield, California, as a Teiuvcmtor, Reclamite is a resin -basad emul- sion that leaves an oily residue aria is applied with a bituminous distributor. The Reclamite Material was mixed at the job site in a two to one ratio with water, two parts Reclamite to. one pari water. The Reclamite Mixture at ambient tempet'ature (6D-7ooF) was sprayed Onto the runway pavement by using a 1140 gal bituminous distributor equipped with a 10 -ft spray bar. Application rates were varied inten- tionally to avoid excess rejuvenator in areas, 20.00 23.00 31.00 27.00 17.00 22.00 34.00 29.00 25.38 194.00 Increase Abmiutc Visaa4ty 140 4F (600C) 300.0 tgne Uq Vacuum; Poises Untreated Treated 401,351 449,520 242, 293 1,852,362 2,774,367 863,971 1,263,880 1, 3i8, 687 1,145,804 Viscosity 65.470 '62,011 32,860 43,497 177,941 62. 736 23.444 41,392 63,663 94.40 Decrease such as recclat y patched areas, and alias with rubber build-up, areas outside regulu traff1c were sprayed heavier, which would riot bother air,traffc, in case of excess rejuvenator on the surface. Dates of treatment and application rates (gal/ydz) are shown in Table 11. ne remainder of the material was used to spray various Wdways and parking aprons. Table 11 Phase I Center 100 -ft -wide area 0.053 gal/sq yd All other areas 0.061 gal/sq yd Phase II From center line runway out 50 ft 0.055 g$1/sq yd All other areas 0.066 gal/sq yd Phase III From center lint. runway out SO ft 0.058 gal/sq yd All other areas 0.074 gal/sq yd Jack E. Pickett Materials Engineering Technician Pavement Systems Division Geotechnical Laboratory Construction seal. Reclamitawat viral as aconstrucdon seal. I'oreamp,tri$on. the tower lett area was not treated. RMb"nitc was uscit as a conswm lon ici i on the dry areas of thNpav=cnt, Ilntrentedareas arestillwetfrom water penetrating the surfact. Iteclainite was used as a conVrocdon wai on the dry areas of rase pavement. 5 Penetration values of asphalt sattractgd from �cwres (New _Mexico Highway DepartMant,). Reciamlte lusted (2 yaws) Core Depth Value _2_ Toppi" •- 48.. j 3 7bp Top,,„ -- -- 17 23 6 Top ' 22 ' Penetraton Valuns of asphalt axtracted frortn Gyres (Douglas Street, Kern County, Calif.). - Rectamite treated Depth 6 eros. 30 mos. ( Untreatrrd _ - - op 13 Penetration values of a5phait on cores taken at Intervale over period of time (Day Sheat, Kern County, Calla:}. iiealarnite Iraate[! - -- - Depth 2 rhos. 18 mos. 36 mos, Top V2 - 82 f - 48 - ao Untreated ,-„ 23 rr Top /z � _lf --419 � Pavement Technology, Inc. 24144 Detroit Rd. Westlake, Ohio 44145 Phone: 800-333-6309 440-892-1895 Fax: 440-892-0953 Experience Outline Operations and Fleet Manager - David Clark 1994-1995 1995-1997 1997-1999 1999 — Present 1999 —2000 2000— 2004 2004 —2015 2015 —2017 2017 — Present Studied at Alfred State College, New York — Associate in Automotive Trades — Heavy Equipment, Truck and Diesel Worked at a hazardous waste incineration plant / fork life and OSHA training certificates Foundry work / furnace operator specialized in copper and brass. Pavement Technology, Inc., Westlake, Ohio General laborer / driver — rejuvenating agent and crack sealing roadways General supervisor in charge of rejuvenating agent application, crack sealing and other miscellaneous road construction work. Fleet Manager in charge of all repairs and scheduling repairs for all trucks and equipment Operations and Fleet Manager — in charge of scheduling crews and day to day operations. ATSSA Certified, OSHA 30 Compliant Pavement Technology, Inc. 24144 Detroit Rd. Westlake, Ohio 44145 Phone: 800-333-6309 440-892-1895 Fax: 440-892-0953 Experience Outline Operations and Fleet Manager - Michael Faustini 2003-2018 Fleet Owner/Operator — Faustini Trucking Inc., Tampa, Florida • Interviewing, hiring/firing of staff, payroll, log audits, DOT, safety maintenance on equipment, purchasing of equipment, packing, loading/unloading, driving, and sales. • In 2018 the fleet was sold. 2018 — Present Pavement Technology, Inc., Westlake, Ohio • General laborer/driver — rejuvenating agents and crack sealing roadways • General supervisor in charge of rejuvenating agent application, crack sealing and other miscellaneous construction work • Fleet Manager in charge of all repairs and scheduling repairs for all trucks and equipment • Operations and Fleet Manager — in charge of scheduling and day to day operations. • ATSSA Flagger Course • Advanced TTC - Florida Department of Transportation Pavement Technology, Inc. 24144 Detroit Rd. Westlake, Ohio 44145 Phone: 800-333-6309 440-892-1895 Fax: 440-892-0953 Experience Record Reclamite® Asphalt Rejuvenating Agent Application Agency Name & Project Information Years Used Contact Information City of Roswell 2017 Rejuvenation 10 Joe Vitale 11/11/2018 — 6/16/2019 38 Hill Street, Suite 235 144,163 sq. yd. Roswell, GA 30075 $116,772.03 P: 770-594-6105 E: ivitale@rosweIleov.com Charleston County 2019 Asphalt Rejuvenation Plan Mackenzie Kelly 4/22/2019 — 7/25/2019 4350 Azalea Drive 607,801 sq. yd. Charleston, SC 29405 $503,628.78 P: 843-670-6646 E: MKelley@char[estoncounty.org City of Duluth 2019 Asphalt Rejuvenation Program 7 Audrey Turner 6/14/2019 — 6/25/2019 2450 Chattahoochee Drive 100,223 sq. yd. Duluth, GA 30096 $84,401.37 P: 770-476-2454 E: adturner@du[uthgLt.net Town of Cary 2019 Street Improvements Amir Nezarati 6/25/2019 — 8/21/2019 316 N. Academy Street 307,200 sq. yd. Cary, NC 275 t3 $259,345.26 P: 919-380-4235 E: amir.nezarati@townofcary.or� Fayette County 2019 Asphalt Rejuvenation Bradley Klinger 5/13/2019 — 5/22/2019 115 McDonough Road 94,290 sq. yd. Fayetteville, GA 30215 $83,589.40 P: 770-320-6039 E: bklinger(.lfayettecountyeea.gov From:Jessica Palmer To:Honor Motes Subject:RE: QR 20-PW08 - Pricing discrepancy Date:Wednesday, April 8, 2020 11:28:12 AM Attachments:image002.png image003.png image004.png image005.png image006.png 20-PW08-Asphalt Rejuvenation Project.pdf Importance:High Good morning, Ms. Motes First I want to apologize for this discrepancy, it appears to be a typo on my part. I appreciate you reaching out and allowing me to clarify. We are bidding the above mentioned project at $39,007.81. At this time, due to COVID-19, we are currently working from our homes. I do not have the capabilities to print and scan single pages. I have attached our bid submittal with a revision made to page 39. I have inserted a strike through the word ‘hundred’ to have the total bid price read ‘thirty nine thousand, seven dollars and eighty one cents’. If you cannot accept this I will make arrangements to have someone get into our office to sign, print and scan this page so I can get this back to you in timely manner. Again, I apologize for the discrepancy. Please feel free to contact me via the mobile number listed below. Thank you Jessica Palmer jpalmer@pavetechinc.com Contracts Administrator Pavement Technology, Inc. 24144 Detroit Road Westlake, Ohio 44145 M: 440-773-2177 O: 800-333-6309 From: Honor Motes [mailto:Honor.Motes@cityofmiltonga.us] Sent: Wednesday, April 08, 2020 9:57 AM To: jpalmer@pavetechinc.com Subject: QR 20-PW08 - Pricing discrepancy Importance: High Good morning, We appreciate your bid submittal for our project, QR 20-PW08. There is a pricing discrepancy on the Bid Schedule that we need you to clarify. The numeric amount states: $39,007.81; however the written amount reflects a cost of $39,700.81. Additionally, the amount submitted in the “cost” field on BidNet is $39,007.81. Will you please confirm by emailing the corrected Bid Schedule page directly to me since the bid is now closed on BidNet? Much appreciated, Honor Motes Procurement Manager City of Milton 678-242-2507 honor.motes@cityofmiltonga.us http://www.cityofmiltonga.us . “EXHIBIT C” See Exhibits “A” and “B” “EXHIBIT D.1” PERFORMANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Pavement Technology Inc. (“Principal”), and _________________________________________ (“Contractor’s Surety”), are held and firmly bound unto City of Milton, Georgia ( “City”), for the use and benefit of the City, in the sum of Thirty Nine Thousand Seven Dollars and Eighty One Cents ($39,007.81), 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 Asphalt Rejuvenation Project: (hereinafter referred to as “the Project”), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the “Agreement”). NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Agreement, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor’s Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions, and requirements of the Agreement, including all modifications, amendments, changes, deletions, additions, and alterations thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Agreement by the Principal, which shall include, but not be limited to, any breach or default of the Agreement: a. The Contractor’s Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) calendar days after written notice from the City to the Contractor’s Surety; and b. The means, method or procedure by which the Contractor’s Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor’s Surety hereby waives notice of any and all modifications, omissions, additions, changes, and advance payments or deferred payments in or about the Agreement, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor’s Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys-in-fact, as set forth below. [SIGNATURES ON FOLLOWING PAGE] CONTRACTOR (“Principal”): Pavement Technology, Inc By: __________________________ (signature) __________________________ (print) Title: ___________________________ (SEAL) Attest: Date: ___________________________ _____________________ (signature) _____________________ (print) Title: ________________ Date:_________________ CONTRACTOR’S SURETY: _________________________ By: __________________________ (signature) __________________________ (print) Title: __________________________ (SEAL) Attest: Date: __________________________ _____________________ (signature) _____________________ (print) Title: ________________ Date:_________________ (ATTACH SURETY’S POWER OF ATTORNEY) “EXHIBIT D.2” PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Pavement Technology Inc.( “Principal”), and _______________________ ( “Contractor’s Surety”), are held and firmly bound unto City of Milton, Georgia ( “City”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of Thirty Nine Thousand Seven Dollars and Eighty One Cents ($39,007.81), 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 Asphalt Rejuvenation Project: (hereinafter referred to as “the Project”), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the “Agreement”). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services, and materials used or reasonably required for use in the performance of the Agreement, then this obligation shall be void; otherwise to remain in full force and effect. A “Claimant” shall be defined herein as any subcontractor, person, party, partnership, corporation, or other entity furnishing labor, services, or materials used or reasonably required for use in the performance of the Agreement, without regard to whether such labor, services, or materials were sold, leased, or rented, and without regard to whether such Claimant is or is not in privity of the Agreement with the Principal or any subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a lien against the property of the City affected by the Agreement, the Contractor’s Surety shall either settle or resolve the Claim and shall remove any such lien by bond or otherwise as provided in the Agreement. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor’s Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers, as set forth below. [SIGNATURES ON FOLLOWING PAGE] CONTRACTOR: Pavement Technology, Inc. By: __________________________ (signature) __________________________ (printed) Title: __________________________ (SEAL) Date: __________________________ Attest: ______________________ (signature) ______________________ (printed) Title: _________________ Date:__________________ CONTRACTOR’S SURETY: _________________________ By: _________________________ (signature) _________________________ (printed) Title: _________________________ (SEAL) Date: __________________________ Attest: _____________________ (signature) _____________________ (printed) Title: ________________ Date:_________________ (ATTACH SURETY’S POWER OF ATTORNEY) “EXHIBIT D.3” MAINTENANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Pavement Technology, Inc. (as CONTRACTOR, hereinafter referred to as the “Principal”), and _________________________ (as SURETY COMPANY, hereinafter referred to as the “Contractor’s Surety”), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of the City for maintenance of improvements as described below in the sum of _______________________________ __________________ ($_____________), lawful money of the United States of America, for the payment of which the Principal and the Contractor’s Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written agreement with the City for the construction of a project known as Asphalt Rejuvenation Project: (hereinafter referred to as “the Project”), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the “Contract”). WHEREAS, said Project has been approved by the City of Milton, under the terms that a maintenance bond is required of said Principal and good and sufficient surety payable to the City, and conditioned that the Principal shall, for a period of two (2) years beginning on the date of final completion of the Project, repair and replace any defects arising from the Project in accordance with all applicable federal and state laws, with the Agreement, and with all applicable City regulations, including but not limited to the Code of Ordinances for the City of Milton, Georgia, in force as of the date of said approval. NOW THEREFORE, the conditions of this obligation are as follows: 1.That if the Principal shall repair and replace any and all defects arising from the Project, whether resulting from defective materials or defective workmanship, and if the Principal and the Contractor’s Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements described herein, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance by the Principal; a. The Contractor’s Surety shall commence performance of its obligations and undertakings under this bond no later than thirty (30) days after written notice from the City to the Contractor’s Surety; b. The means, method or procedure by which the Contractor’s Surety undertakes to perform its obligations under this bond shall be subject to the advance written approval of the City. The parties further expressly agree that any action on this bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor’s Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys-in-fact, as set forth below. CONTRACTOR (“Principal”): Pavement Technology, Inc.. By: __________________________ (signature) __________________________ (print) Title: ___________________________ (SEAL) Attest: Date: ___________________________ _____________________ (signature) _____________________ (print) Title: ________________ Date:_________________ CONTRACTOR’S SURETY: _________________________ By: __________________________ (signature) __________________________ (print) Title: __________________________ (SEAL) Attest: Date: __________________________ _____________________ (signature) _____________________ (print) Title: ________________ Date:_________________ (ATTACH SURETY’S POWER OF ATTORNEY) “EXHIBIT E” NONCOLLUSION AFFIDAVIT OF PRIME BIDDER STATE OF _________________ COUNTY OF _______________ ________________________________________, being first duly sworn, deposes and says that: (1) He is ___________________________(Owner, Partner, Officer, Representative, or Agent) of Pavement Technology, Inc. (the “Bidder”) that has submitted the attached Bid; (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive of sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, included in this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price of any other Bidder or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Milton or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this Affiant. (6) Bidder has not directly or indirectly violated any law, ordinance or regulation related to the Bid. _______________________________________ Signature of Authorized Officer or Agent _______________________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _______ DAY OF _________, 20___. _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: ________________________ “EXHIBIT F” FINAL AFFIDAVIT STATE OF __________________ COUNTY OF ________________ TO CITY OF MILTON, GEORGIA I, _______________________________, hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by Pavement Technology, Inc. or any of its subcontractors in connection with the construction of the Asphalt Rejuvenation Project for City of Milton, Georgia have been paid and satisfied in full as of ______________, 20_____, and that there are no outstanding obligations or claims of any kind for the payment of which City of Milton, Georgia on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. ______________________________ Signature ______________________________ Title Personally appeared before me this ____ day of ________, 20____._______________________, who under oath deposes and says that he is ______________________________ of the firm of ___________________________________, that he has read the above statement, and that to the best of his knowledge and belief same is an exact true statement. ______________________________ Notary Public [NOTARY SEAL] My Commission Expires ______________________________ “EXHIBIT G.1” STATE OF ____________________ COUNTY OF __________________ CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13 -10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use, and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period, and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _______________________________________ Federal Work Authorization User Identification Number _______________________________________ Date of Authorization Pavement Technology, Inc. Name of Contractor Asphalt Rejuvenation Project Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______ ___, 20___ in __________ (city), __________ (state). _______________________________________ Signature of Authorized Officer or Agent _______________________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _______ DAY OF _________, 20___. _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: ________________________ “EXHIBIT G.2” SUBCONTRACTOR AFFIDAVIT STATE OF ___________________ COUNTY OF _______________ By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13 -10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Pavement Technology, Inc. on behalf of the City of Milton has registered with, is authorized to use, and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor Asphalt Rejuvenation Project Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______ ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _______________________________ “EXHIBIT H” ADDITIONAL PAYMENT TERMS A. Defined Terms. Terms used in this Agreement shall have their ordinary meaning, unless otherwise defined below or elsewhere in the Contract Documents. (i) “Final Completion” means when the Work has been completed in accordance with terms and conditions of the Contract Documents. B. Payment for Work Completed and Costs Incurred. City agrees to pay the Contractor for the Work performed and costs incurred by Contractor upon certification by the Contract Administrator and the City that the Work was actually performed and costs actually incurred in accordance with this Agreement. Compensation for Work performed and reimbursement for costs incurred shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed and costs incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. Invoices shall be submitted on a monthly basis or one invoice may be submitted upon completion of all work. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. The City shall pay the Contractor within thirty (30) calendar days after approval of the invoice by City staff, less any retainage as described in Section D below. No payments will be made for unauthorized work. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand-delivered, though the Contractor may arrange to pick up payments directly from the City or may make written requests for the City to deliver payments to the Contractor by Federal Express delivery at the Contractor’s expense. C. Evaluation of Payment Requests. The Contract Administrator will evaluate the Contractor’s applications for payment and will either issue to the City a Certificate for Payment (with a copy of the Contractor’s application for payment) for such amount as the Contract Administrator determines is properly due, or notify the Contractor and City in writing of the Contract Administrator’s reasons for withholding certification in whole or in part. The Contract Administrator may reject Work that does not conform to the Contract Documents and may withhold a Certificate of Payment in whole or in part, to the extent reasonably necessary to protect the City. When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. Even following a Certificate of Payment, the City shall have the right to refuse payment of any invoice or part thereof that is not properly supported, or where requests for payment for Work or costs are in excess of the actual Work performed or costs incurred, or where the Work product provided is unacceptable or not in conformity with the Contract Documents, as determined by the City in its sole discretion. The City shall pay each such invoice or portion thereof as approved, provided that neither the approval or payment of any such invoice, nor partial or entire use or occupancy of the Project by the City, shall be considered to be evidence of performance by the Contractor to the point indicated by such invoice, or of receipt or acceptance by the City of Work covered by such invoice, where such work is not in accordance with the Contract Documents. D. Final Payment and Retainage. The Contractor through each invoice (except the final invoice) may request payment for no more than ninety percent (90%) of that portion of the Work completed during the term covered by each invoice as agreed upon by the Contract Administrator or the City. All amounts retained by the City shall be held as a lump sum until Final Completion of all Work, regardless of earlier completion of individual component(s) of the Work. The final payment issued by the City shall include all amounts retained by the City under this paragraph, subject to any deviations in the Work or Change Orders executed pursuant this Agreement. “EXHIBIT I” Contractor Responsibility for Project and Worksite During Construction 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. CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 21, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Construction Services Agreement with Blount Construction Co. Inc. for the Excavation and Repair of a Sinkhole Located in the Right-of-Way at 511 Harmony Court in the Avensong Subdivision MEETING DATE: Monday, April 27, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ DocuSign Envelope ID: B06C8A49-D1D1-4550-816C-E14E6211584E X X April 27, 2020 X X To: Honorable Mayor and City Council Members From: Robert Drewry, Public Works Director Date: Submitted on April 21, 2020 for the April 27, 2020 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement with Blount Construction Co. Inc. for the Excavation and Repair of a Sinkhole Located in the Right- of-Way at 511 Harmony Court in the Avensong Subdivision _____________________________________________________________________________________ Project Description: The contractor will be providing construction services for the repair of a sinkhole that has developed under the road. The contractor will excavate the hole and replace material as well as repour curb and gutter and a concrete driveway apron. This also includes all materials, labor, and equipment to complete this work. The bid price for this work was $12,831.65, and we have added two additional days of work and materials totaling $6,347.90 which takes the PO total to $19,179.55. This allowance gives us the ability to continue work on the sinkhole if once we start excavation, we find that there is more to the issue. Procurement Summary: Purchasing method used: 3 Written Quotes ($5,000-$49,999) Account Number: 300-4101-522250000 Requisition Total: $19,179.55 Vendor DBA: Blount Construction Company, Inc. Other quotes or bids submitted (vendor/$) Vendor/Firm Quote/Bid Triscapes Inc 15,800.00 Tople Construction 22,000.00 CMES Inc. 41,879.31 Financial Review: Bernadette Harvill, April 20, 2020 Legal Review: Sam VanVolkenburgh – Jarrard & Davis, April 20, 2020 Concurrent Review: Robert Drewry, Public Works Director Attachment(s): Construction Services Agreement DocuSign Envelope ID: B06C8A49-D1D1-4550-816C-E14E6211584E Nl I LTCB ,\ *!F ESTABLISHED 2006 CONSTRUCTION SERVICES AGREEMENT Harmony Court Sinkhole Project This Construction Services Agreement (the "Agreement") is made and entered into this _ day of, 20_ (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Milton City Council (hereinafter referred to as the "City"), Blount Construction Company, Inc. a Georgia corporation (hereinafter referred to as the "Contractor"), collectively referred to herein as the "Parties". WITNESSETH: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project, as defined below; and WHEREAS, the City solicited bids for construction of the Project; 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 Harmony Court Sinkhole Project to the Contractor; and WHEREAS, the City fmds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, the Contractor has represented that it is qualified by training and experience to perform the Work; and WHEREAS, based upon Contractor's bid, the City has selected Contractor as the successful bidder, and WHEREAS, Contractor desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work, and Contractor is aware that it must be licensed to do business in the State of Georgia. Construction Services Agreement I Version LO NOW THEREFORE, for and purposes, and the acknowledgements adequate consideration, the sufficiency mutually agree as follows: Section 1. Contract Documents in consideration of the mutual promises, the public and agreements contained herein and other good and of which is hereby acknowledged, the Parties hereto do 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. RESERVED B. Bid Documents from Contractor, dated April 15, 2020, attached hereto as "Exhibit B99. C. Scope of Work, attached hereto as "Exhibit C"; D. Any required Performance Bond and/or Payment Bond, attached hereto collectively as "Exhibits D.1 and D.2"; E. Noncollusion Affidavit of Prime Bidder, attached hereto as "Exhibit E"; F. Final Affidavit, attached hereto as "Exhibit F"; G. Alien Employment affidavits, attached hereto as "Exhibits G.1 and G.211; H. Additional Payment/Retainage Requirements, attached hereto as "Exhibit H"; I. Supplementary Conditions (if issued), attached hereto as "Exhibit I",- J. "; J. City of Milton Code of Ethics (codified in the official Code of the City of Milton); K. The following, which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Change Orders (defined in Section 6 below), other written amendments, and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties. Section 2. Pro_lect Description; Architect; Engineer; Contract Administrator A. Project. A general description of the Project is as follows: The Contractor will excavate the area of the sinkhole, repair the affected areas, and then repair the concrete and replace the asphalt at the site location, (the "Project"). A third -party Architect or Engineer has not been retained related to this Project. Construction Services Agreement I Version 1.0 B. Contract Administrator. The Contract Administrator for this Agreement shall be: Matthew Fallstrom, Capital Projects Manager. Section 3. The Work A. The Work. The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in "Exhibit C", attached hereto and incorporated herein by reference. The Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term "reasonably inferable" takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents. In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. B. Notice to Proceed. The City will issue a Notice to Proceed, which Notice to Proceed shall state the dates for beginning Work ("Commencement Date") and the expected date of final completion. 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. Section 4. Contract Term; Li uidated Damages; Expedited Cam letion• 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 or the proper termination and non -renewal of this Agreement (provided that certain obligations, including but not limited to Warranty obligations, will survive termination/expiration of this Agreement). Contractor warrants and represents that it will perform its Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The Contractor shall commence Work pursuant to this Agreement within five (5) business days of the Commencement Date provided by the City, and the Parties intend that all Work shall be completed within five (5) calendar days from the Notice to Proceed. Every effort will be made by Contractor to shorten this period. If the Term of this Agreement continues beyond the calendar year in which this Agreement is executed, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on September 30 each fiscal year of the Term, and further, that this Agreement shall automatically renew on October 1 of each subsequent fiscal year absent the City's provision of written notice of non -renewal to Contractor at Constmction Services Agreement I Version 1.0 1 least five (5) calendar days prior to the end of the then current fiscal year. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by the City. B. Time is of the Essence. Contractor specifically acknowledges that TIME IS OF THE ESSENCE of this Agreement. 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 $19,179.55 (the "Maximum Contract Price"), except as outlined in Section 6 below. This Maximum Contract Price consists of a flat fee of $12,831.65 for the units of work as described in Exhibit "B", plus a budget of $6,347.90 for unknown additional work costs (materials and labor). B. Additional Payment Requirements. Additional payment requirements are included as "Exhibit H", attached hereto and incorporated herein by reference. C. Material Deviations. Any material deviations in tests or inspections performed, or times or locations required to complete such tests or inspections, and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through written Change Orders, as described in Section 6 below. Whenever the Contract Administrator considers it necessary or advisable, it shall have authority to require inspection or testing of the Work. However, neither this authority of the Contract Administrator nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Contract Administrator to the Contractor, subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. D. Taxes. The City is a governmental tax-exempt entity and shall not be responsible for paying any taxes on any materials or services provided for herein. At Contractor's request, City shall provide evidence of its tax-exempt status. To the extent, if any, that the City furnishes tangible personal property to Contractor for incorporation into the Project, Contractor shall be responsible for paying the amount of tax owed for such tangible personal property. Section 6. Change Orders A. Change Order Defined. A "Change Order" means a written modification of the Contract Documents, signed by representatives of the City and the Contractor with appropriate authorization. B. Right to Order Changes. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Change Orders and Construction Serviccs Agreement I Version 1.0 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 Regairement. 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 my Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Milton City Council. E. Minor Changes in the Work. The Contract Administrator will have the authority to order minor changes in the Work not involving adjustment in the Maximum Contract Price or extension of the Term and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order signed by the Contract Administrator. The Contractor shall carry out such written orders promptly. If the minor changes subsequently may affect adjustments in the Maximum Contract Price or the Term, the changes shall then be converted to a written Change Order by the requesting Party. Section 7. Covenants of Contractor A. Ethics Code, Conflict of Interest. (i) Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of his knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Contractor become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Contractor shall immediately notify the City. If the City determines that a conflict of interest exists, the City may require that Contractor take action to remedy the conflict of interest or terminate the Agreement without liability. The City shall have the right to recover any fees paid for services rendered by Contractor when such services were performed while a conflict of interest existed if Contractor had knowledge of the conflict of interest and did not Colistruction Services Agreement I Version 1.0 notify the City within five (5) business days of becoming aware of the existence of the conflict of interest. (ii) Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Contractor or higher tier sub - consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Meetings. The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City or the Contract Administrator. The Contractor will be given a minimum of three (3) full business days' notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of the contract for cause. C. Expertise of Contractor. Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. The Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of City and the Project in accordance with City's requirements and procedures, and Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. D. ProRq 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, CollslrLICloll Services noreement Version 1.0 and Georgia's Open Records Act (O.C.G.A. § 50-18-70, et seq.). Any additional work or costs incurred as a result of error and/or omission by Contractor as a result of not complying with the Contract Documents or not meeting the applicable standard of care or quality, including but not limited to those of repeated procedures and compensation for the Contract Administrator's services or expenses, will be provided at Contractor's expense and at no additional cost to the City. This provision shall survive termination of this Agreement. It is the Contractor's responsibility to be reasonably aware of all applicable laws, statutes, ordinances, building codes, and rules and regulations. If the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Contract Administrator and the City in writing of any portions of the Contract Documents that are at variance with the applicable laws, statutes, ordinances, building codes, and rules and regulations. The Contractor's duties shall not be diminished by any approval by the City or Contract Administrator of Work completed or produced; nor shall any approval by the City or Contract Administrator of Work completed or produced release the Contractor from any liability therefor, it being understood that the City is ultimately relying upon the Contractor's skill and knowledge in performing the Work required under the Contract Documents. Organization of the specifications into divisions, sections and articles, and arrangement of drawings shall not control the Contractor in dividing the Work among subcontractors or in establishing the extent of Work to be performed by any trade. E. Familiarity with the Work. (i) Contractor Familiarity with Work. Contractor represents that it has familiarized itself with the nature and extent of the Contract Documents, the Work, work site(s), locality, 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 Construction Services Agreement I Version 1.0 Contractor shall be reported promptly to the Contract Administrator and City in writing. Contractor represents that it has given the City written notice of all errors, omissions, inconsistencies, or ambiguities that the Contractor has discovered in the Contract Documents so far, and the written resolution thereof by the City is acceptable to the Contractor. Further, Contractor acknowledges that its obligation to give notice of all such errors, omissions, inconsistencies, or ambiguities shall be continuing during the Term of this Agreement. Any failure on the part of the Contractor to notify the Contract Administrator and City in writing of any errors, omissions, inconsistencies, or ambiguities in the Contract Documents that Contractor discovered or reasonably should have discovered shall result in a waiver and full release by the Contractor of any future arguments or defenses based on such errors, omissions, inconsistencies, or ambiguities against the City. Further, if the Contractor fails to perform its obligations pursuant to this paragraph, the Contractor shall pay such costs and damages to the City as would have been avoided if the Contractor had performed such obligations. (ii) Inspection of Prior Work. If part of the Contractor's Work depends for proper execution or results upon construction or operations by a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Contract Administrator apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the City's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable, and Contractor shall be responsible for all costs and damages resulting from its failure to report reasonably discoverable defects. (iii) Contractor Requests for Information. If, with undue frequency (as determined by the City in its sole discretion), the Contractor requests information that is obtainable through reasonable examination and comparison of the Contract Documents, site conditions, and previous correspondence, interpretations or clarifications, the Contractor shall be liable to the City for reasonable charges from the Contract Administrator for the additional services required to review, research and respond to such requests for information. F. Supervision, Inspection and Construction Procedures. The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of 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 Construction Services Agreement I Version 1.0 means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the City and Contract Administrator and shall not proceed with that portion of the Work without further written instructions from the City or Contract Administrator as approved in writing by the City. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of this Agreement. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to: (a) employees and other persons who may be affected, (b) the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site(s), under care, custody or control of the Contractor or Contractor's subcontractors or sub -subcontractors, and (c) other property at the Project site(s) or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the Project site(s) by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the City and Contract Administrator in writing. G. Tests and Inspections. Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, or ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made promptly at an appropriate time to avoid unreasonable delay in the Work. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the City, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Contract Administrator timely notice of when and where tests and inspections are to be made so that the Contract Administrator may be present for such procedures. Required permits or certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and delivered to the Contract Administrator within ten (10) calendar days of issuance. Coiistrlleti011 Services A-reement I Version 1.0 H. Budgetary Limitations. Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. I. City's Reliance on the Work. The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that therefore, the City bears no responsibility for Contractor's Work performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, or specifications by any person, body, or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. Contractor's Reliance on Submissions by the Cily. 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. Construction Services Agreement I Version 1 .0 If the City prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the City may do so instead of requiring its removal and correction, in which case the Maximum Contract Price will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. L. Clean Up. Contractor shall keep the Project site(s) and surrounding area free from accumulation of waste materials or rubbish caused by operations under this Agreement. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. If the Contractor fails to clean up as provided in the Contract Documents, the City may do so, and the cost thereof shall be charged to the Contractor. M. Contractor's Representative. Keith Stephens [INSERT NAME OF CONTRACTOR'S REPRESENTATIVE] shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. N. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the City. Nothing contained in this Agreement shall be construed to make the Contractor, or any of its employees, servants or subcontractors, an employee, servant or agent of the City for any purpose. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies, and/or materials necessary to complete the Work; hiring of subcontractors, agents, or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding, and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and the City by virtue of this Agreement with the Contractor. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and the City may hire additional entities to perform Work related to this Agreement. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor COIIARIetion Services Agreement I Version 1.0 to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. O. Responsibility of Contractor and Indemnification of City. The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City and the City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including, but not limited to, attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of alleged willful, negligent, or tortious act or omission arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. To the extent any Work may be considered engineering work, the obligation above is limited to indemnifying the City for Liabilities caused by the negligence or willful wrongdoing of Contractor and its agents. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of the Contractor, its subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. P. Insurance. Construction Services Agreement I Version 1.0 (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability: $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate comprehensive/extended/enhanced Commercial General Liability policy with coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, damage to premises/operations, products/completed operations, independent consultants and contractual liability (specifically covering the indemnity), broad -from property damage, and underground, explosion and collapse hazard. This coverage may be achieved by using an excess or umbrella policy. The policy or policies must be on "an occurrence" basis ("claims made" coverage is not acceptable). (b) Commercial Automobile Liability (owned, non -owned, hired): $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate for comprehensive Commercial Automobile liability coverage (owned, non -owned, hired) including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability: $1,000,000 (one million dollars) limit Professional Liability policy for claims arising out of professional services and caused by the Contractor's errors, omissions, or negligent acts (required if any professional services will be provided). (d) Workers' Compensation and Employers' Liability: Workers' Compensation policy with limits as required by the State of Georgia and Employers' Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Contractor is a sole proprietor, who is otherwise not entitled to coverage under Georgia's Workers' Compensation Act, Contractor must secure Workers' Compensation coverage approved by both the State Board of Workers' Compensation and the Commissioner of Insurance. The amount of Construction Services Agrcement I Version 1.0 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) RESERVED. (f) Commercial Umbrella Liability Coverage: $_n/a per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers' Liability, and Professional Liability. (3) Deductibles and Self-insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing so that the City may ensure the financial solvency of the Contractor; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability! and Umbrella Liability Coverage. (i) Additional Insured Requirement. The City and City's elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually "Insured Party" and collectively "Insured Parties") shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary 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 Construction Services Agreement I Version 1.0 excess of the Contractor's insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to the City. The City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (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. Construction Services Agreement I Version 1.0 (5) Acceptability of Insurers: The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance shall be placed with insurer(s) with an A.M. Best Policyholder's rating of no less than "A-" and with a financial rate of Class VII or greater. The Contractor shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Contractor shall furnish to the City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Contractor is specifically required to provide an endorsement naming the City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Contractor's insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. The City reserves the right to require complete, certified copies of all required insurance policies at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Subcontractors: Contractor shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (9) Progress Payments: The making of progress payments to the Contractor shall not be construed as relieving the Contractor or its subcontractor or insurance carriers from providing the coverage required in this Agreement. Q. Bonds. In public works construction contracts valued at more than one hundred thousand dollars ($100,000.00) or road construction/maintenance contracts valued at five thousand dollars ($5,000.00) or more, or in any other instance where the City has elected to include such bond requirements as exhibits to this Agreement, the Contractor shall provide Performance and Payment bonds on the forms attached hereto as "Exhibits D.1 and D.2" and with a surety licensed to do business in Georgia and listed on the Treasury Department's most current list (Circular 570 as Construction Services Acrecment I Version 1 0 amended). Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under this Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. R. Assignment of Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them, and the City shall have no obligation to them. S. Em lv ment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as "Exhibits G.1 and G.2" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and its subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in "Exhibit G.1", and submitted such affidavit to City or provided the City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and 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 Construction Services Agreement I Version 1,0 completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10- 91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] [DESIGNATE/MARK APPROPRIATE CATEGORY] 500 or more employees. x 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: Construction Services Agreement I Version 1.0 (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for the City under this Agreement ("Records") shall be established and maintained by the Contractor in accordance with applicable law and requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Contractor by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all Records in the form requested by the City. All Records stored on a computer database must be of a format compatible with the City's computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, Contractor shall make available to the City or City's representative(s) for examination all Records. The Contractor will permit the City or City's representative(s) to audit, examine, and make excerpts or transcripts from such Records. Contractor shall provide proper facilities for City or City's representative(s) to access and inspect the Records, or, at the request of the City, shall make the Records available for inspection at the City's office. Further, Contractor shall permit the City or City's representative(s) to observe and inspect any or all of Contractor's facilities and activities during normal hours of business for the purpose of evaluating Contractor's compliance with the terms of this 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 Construction Services Agreement � Version 1.0 reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that the City's disclosure of documentation is governed by Georgia's Open Records Act, and Contractor further acknowledges that, if Contractor submits records containing trade secret information and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. V. Licenses, Certifications and Permits. The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits, or the like required of the Contractor by any and all national, state, regional, county or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement; provided that some permits or licenses related to the Project may be obtained as part of the Work and shall be obtained as required. The Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work, which are customarily secured after execution of the Agreement and which are legally required. Contractor shall furnish copies of such permits, licenses, etc. to the City within ten (10) days after issuance. W. RESERVED. X. Authority to Contract. The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners, or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. Y. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other materials, including those in electronic form, prepared or in the process of being prepared for the Work to be performed by the Contractor ("Materials") shall be the property of the City, and the City shall be entitled to full access and copies of all Materials in the form prescribed by the City. Any Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the Work shall be delivered immediately to the City whether or not the Project or Work is commenced or completed, provided, however, that Contractor may retain a copy of any deliverables for its records. The Contractor assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged, or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to the City, and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. Construction Services Agreement I Version 1.0 Z. Nondiscrimination. During the performance of this Agreement, the Contractor agrees as follows: 1. Compliance with Regulations The Contractor shall comply with the Regulations, hereinafter defined, relative to nondiscrimination in federally -assisted programs of the Department of Transportation (the "DOT"), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time (the "Regulations"), which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination The Contractor, with regard to the Work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, belief, political affiliation or national origin in the selection and retention of employees or subcontractors, including procurement of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the Contractor for Work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Agreement and the Regulations relative to nondiscrimination on the ground of race, color, sex, or national origin. 4. Information and Reports The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, and other sources of information and its facilities as may be determined by the City, GDOT, or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the City, or GDOT or the Federal Highway Administration, as appropriate, and shall set forth what efforts it has made to obtain such information. 5. Sanctions for Noncompliance In the event of the Contractor's noncompliance with the nondiscriminatory provision of this Agreement, City shall impose contract sanctions as it or GDOT or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) Withholding of payments to the Contractor under the Agreement until Contractor complies; and/or (b) Cancellation, termination, or suspension of the Agreement, in whole or in part. 6. Incorporation of Provisions The Contractor shall include the provisions of paragraphs (1) through (5) in every subcontract, procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issue thereto. Construction Services Agrecmernt I Version 1.0 The Contractor shall take such action with respect to any subcontractor or procurement as the City or GDOT or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctioning noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the City to enter into such litigation to protect the interest of the City and, in addition, the Contractor may request the Georgia Department of Transportation to enter into such litigation to protect the interests of the State and the United States to enter into such litigation to protect the interests of the United States. 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 final payment, Contractor shall deliver to City a written assignment of all warranties, guaranties, certificates, permits, and other documents, including without limitation, all contractors' and manufacturers' warranties. At such time, Contractor shall also deliver to the City copies of all as - built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. B. Warranty. The Contractor warrants to the City and the Contract Administrator that materials and equipment furnished under the Agreement will be of good quality and new, unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, is considered defective. This warranty excludes remedy for damage or defect caused by abuse by the City or modifications to the Work not executed by the Contractor or an employee/subcontractor/sub-subcontractor thereof. Section 10. Termination A. For Convenience. The City may terminate this Agreement for convenience at any Construction Services Agreement I Version 1.0 time upon providing written notice thereof to Contractor at least seven (7) calendar days in advance of the termination date. B. For Cause. The Contractor shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City's failure to pay the Contractor within thirty (30) calendar days of Contractor providing the City with notice of a delinquent payment and an opportunity to cure. The City may terminate this Agreement for cause as provided in Section 11 of this Agreement. The City shall give Contractor at least seven (7) calendar days' written notice of its intent to terminate the Agreement for cause and the reasons therefor, and if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project. C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in Section 4(A) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of the City. D. Payment. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, and except as otherwise provided herein, the City shall, upon termination for convenience or statutory termination, pay Contractor for Work performed prior to the date of termination in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. At its sole discretion, the City may pay Contractor for additional value received as a result of Contractor's efforts, but in no case shall said payment exceed any remaining unpaid portion of the Maximum Contract Price. If this Agreement is terminated for cause, the City will make no further payment to the Contractor or its Surety until the Project is completed and all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this Agreement, exceeds the cost of finishing the Project, City shall provide payment to the Contractor (or its Surety) for services rendered and expenses incurred prior to the termination date, provided that such payment shall not exceed the unpaid balance of the amount otherwise payable under this Agreement minus the cost of completing the Project. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. E. Assumption of Contracts. The City reserves the right in termination for cause to take assignment of all contracts between the Contractor and its subcontractors, vendors, and suppliers. The City will promptly notify the Contractor of the contracts the City elects to assume. Upon receipt of such notice, the Contractor shall promptly take all steps necessary to effect such assignment. F. Conversion to Termination for Convenience. If the City terminates this Agreement Construction Services Agreement I Version 1.0 for cause and it is later determined that the City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section 10(A) above. G. Requirements Upon Termination. Upon termination, the Contractor shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible if requested to do so by the City, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. H. Reservation of Rights and Remedies. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11. City's Richts; Contractor Default A. Cily Ri hts Related to the Work. (i) City's Right to Stop the Work. If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, as required by the Contract Administrator, or persistently fails to carry out Work in accordance with the Contract Documents, the City may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the City to stop the Work shall not give rise to a duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. Such a stoppage of Work shall not extend the deadline for 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 Constrmtiotn Services Agreement I Version 1.0 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 fiuitless 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 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 Construction Services Agreement I Version 1.0 constitute one and the same instrument. D. Invalidity of provisions; Severabi 1 i ty. 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 exchanged between Matthew Fallstrom for the City and Keith Ste hens [INSERT CONTACT NAME] for the Contractor. (2) Official Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when (1) personally delivered, or (2) on the third calendar day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the addresses given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton Attn: Procurement Manager 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Blount Construction Company, Inc. 1730 Sands Place Marietta, Georgia 30076 Construction Services Agreement I Version 1.0 G. Waiver of Agreement. No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City's right to demand exact and strict compliance by Contractor with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations, warranties, and insurance maintenance requirements. I. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. J. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City's elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor's performance of services under this Agreement shall not subject Contractor's individual employees, officers, or directors to any personal liability, except where Contractor is a sole proprietor. The Parties agree that their sole and exclusive remedy, claim, demand, or suit shall be directed and/or asserted only against Contractor or the City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. K. Force Majeure. Neither the City nor Contractor shall be liable for their respective 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. Construction Services Agreement I Version 1.0 L. Headings. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit, or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. M. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. N. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, each Party binds itself, its partners, successors, assigns, and legal representatives to the other Party hereto, its partners, successors, assigns, and legal representatives with respect to all covenants, agreements, and obligations contained in the Contract Documents. O. Agreement Construction and Interpretation. Contractor represents that it has reviewed and become familiar with this Agreement and has notified the City of any discrepancies, conflicts or errors in the Contract Documents. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. P. Material Condition. Each term of this Agreement is material, and Contractor's breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to the City at law or in equity. Q. Use of SWWar 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] Construction Services Agreement I Version 1.0 CONTRACTOR: Blount Construction Company, Inc. By:. CITY OF MILTON, GEORGIA LN Steven Krokoff, City Manager Attest: Print Name: Its: City Clerk Approved as to form: City Attorney Print Name: K,: i ih Stephens Its: [CIRCLE ONE] Presiden ice Press en orporation) [CORPORATE SEAL] (required if corporation) Attest/Witness: ..j5'jgp 1111ry II, ,■,��� UCT1() /ryfrr��A +: ZPRPO�{rE. Y d O R G��',.•`;,, Print Name: Michael Rogers Its: Vice President/ Corporate Secretary ((Assistant) Corporate Secretary if corporation) RATIFIED BY COUNCIL: Joe Lockwood, Mayor [CITY SEAL] Construction Services Agreement I Version 1.0 "EXHIBIT A" RESERVED "EXHIBIT B" BLOUNT Construction Company Inc. Blount Construction Company Inc. • 1730 Sands Place • Marietta, Georgia 30007 •(770) 541 -7333 • Fax: (770) 541-7340 SUBMITTED TO: PROJECT NAME Date Matt Falstrom 511 Harmony Court PROJECT LOCATION 04/15/20 City of Mikan 511 Harmony Court Contact: Matt Falstrom PLANS PREPARED BY Estimator Phone: 404-867-6191 N/A Fax: DATE OF PLANS Keith Stephens N/A We are pleased to submit a proposal for the following work on the referenced project, according to the fvllatping unit prices, terms, and conditions. Item No. Description Quantity Unit Unit Price Amount 1 Remove and Replace Curb 50.00 LF $82.95 $4,147.50 2 Remove and Replace Concrete Apron 14.00 SY $316.32 $4,428.48 3 Remove and Replan Asphalt And Replace with 2" 12,5mm afphah 17.00 SY $164.15 $2,790.55 4 Back Fill under apron and curb with GAB 18.00 Ton $74.34 $1,338.12 5 P&P Bonds 1.00 LS $127.00 $127.00 6 Crewfor a bay to Investigate Problem $2173.95 Grand 'rata! $12.871-65 Project Notes 1) Above Price is for 2 days with some investigating time in the 2 days 2) Line item #6 is the daily Rate for Crew and Equipment 3) Materials & Labor to Fix problem will be charged extra arc a.rnr. rrrurrajiviws., Pri ccs ao nor incluse me cost of removal or aispmi Of rock, unsuitable subgrade materials, or ha7zrdous waste materials. We will not he responsible for shallow utilities not located by others. We will not be responsible for drainage when design grades or existing conditions provide for a slope of less than I%. TERMS OFPAYMENT.• Final measurements will be made upon completion and an invoice prepared using the UNIT PRICES indicated above. Estimates in the amount of 90% of work completed will be invoiced periodically with payment due in 30 days. Payment in full will be made no later than 30 days after completion of work. Should the amount due under this contract or any part of it be collected by law or through an attorney-at-law, the contractor shall be entitled to collect attorney's fees in the amount equal to 15% of such amount, and all costs of collection, plus interest at the rate of 8% per annum. If OWNER desires that we do any work not called for in our contract, we will record cost of such work, plus 10% General Overhead and 10% Profit, and prepare "Extra Work" invoices in addition to our contract invoices. Respectfully Submitted, This proposal is subject to acceptance within 30 days, or may be made a contract thereafter if and when ttecept you :d approved by Blount Construction Company, Inc. (Signature) (Signa re) (Printed Name and Title) (Company or Firm) Keith StephensNice President (Printed Name and Title) Blount Construction Company, Inc. (Company or Firm) April 15, 2020 (Date) (Date) "EXHIBIT C" See Exhibit "B" Y--.3ES April 20, 2020 City of Milton 2006 Heritage Walk Milton, GA 30004 RE: Blount Construction Company, Inc. Bond # 107231423 - Harmony Court Sinkhole Project To Whom It May Concern: Please find enclosed the requested Perfom ance and Payment Bonds for the above referenced project. Once the contract date for this project has been determined, please accept this letter as your authority to date the bonds and power of attorney concurrent with the contract date. Should you have any questions, please lot us know. Regards, Daniel Yates Bond Account Manager enclosures Yates Insurance Agency Yates & Wooifoik Insurance 2WO Century Parkway, NE a Suite 300 a Atlanta, Georgia 30345 6001 River Fuad . Suite 411 a Columbus, Georgia 31904 (404) 633-4321 9 ewid Fax (404) 248-0414 (706) 571-0093 o Fax (706) 571.2982 Bond No. 107231423 "EXHIBIT D.1" PERFORMANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Blount Construction Company, Inc. ("Principal"), and Travelers Casualty and Surety Company of America ("Contractor's Surety"), are held and firmly bound unto City of Milton, Georgia ( "City"), for the use and benefit of the City, in the sum of Twelve "Thousand, Eight Hundred 'Ihirty-one dollars and Sixty-five cents ($12,831.65), 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 Harmony Court Sinldiole Project: (hereinafter referred to as "the Project"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "Agreement"), NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Agreement, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions, and requirements of the Agreement, including all modifications, amendments, changes, deletions, additions, and alterations thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Agreement by the Principal, which shall include, but not be limited to, any breach or default of the Agreement: a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) calendar days after written notice from the City to the Contractor's Surety; and b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor's Surety hereby waives notice of any and all modifications, omissions, additions, changes, and advance payments or deferred payments in or about the Agreement, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact, as set forth below. [SIGNATURES ON FOLLOWING PAGE] CONTRACTOR ("Principal"): Blount Construction C'onip4ny. Inc. By: _ (signature) Title: :fittest: Date: P r ttIUri) Mauleen E. Mayer (print) Title: Witness Date: 4/21/2020 i (signature) Betsy J. Imes (prim) Title: witness Date: April 21, 2020 Keith Ste hens atw)�+„ ►*a�,� RUGT10N�y, Vice President .► p�3AI,] ;Cps z GORPOR4r 4/21/2020 F SE _ �` .rte+ • CC • to 1k 1101 901" CONTRACTOR'S SURETY: Travelers Casualty and Surety Company of America By: /�wi�(signature) Daniel Yates Title: Attorney In Fact Date: April 21, 2020 (ATTACH SURETY'S POWER OF ATTORNEY) (print} _ (SEAL) �` Travelers Casualty and Surety Company of America TRAVELERS J Travelers Casualty and Surety Company St Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Daniel Yates, of Atlanta, Georgia, their true and lawful Attomey-in-Facttosign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bands and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. f1M w11lr �yrua J:lii r>y1R9FG�, �1 i�' MaRfFDN. � � C9�YAR . t, CWf. i CONN lllr State of Connecticut �r . �r �► By - r City of Hartford ss. Robert L. Raney. Sehror Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L, Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal G.T ..l My Commission expires the 30th day of June, 2021 i(`( OJWI• r1 0w #Tp � Mane C Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-In-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and lt is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall bevalid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and It is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries orAttomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding towhich it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this day of Kevin E. Hughes, Ass, tent Secretary To varW We authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above-named Attorney-irFact and the details of Nie bond to whkh We power is attached, Bond No. 107231423 "EXHIBIT D.2" PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALI, MEN BY THESE PRESENTS THAT .Blount Construction Company, Inc.( "Principal"), and Travelers Casualty and Surety Company of America (=Contractor's Surety"), are held and firmly bound unto City of Milton, Georgia ( "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of Twelve Thousand, Eight Hundred Thirty-one dollars and Sixty-five cents ($12,831.65), 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 Harmony Court Sinkhole Project: (hereinafter referred to as "the Project"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "Agreement"). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services, and materials used or reasonably required for use in the performance of the Agreement, then this obligation shall be void; otherwise to remain in full force and effect. A "Claimant" shall be defined herein as any subcontractor, person, party, partnership, corporation, or other entity furnishing labor, services, or materials used or reasonably required for use in the performance of the Agreement, without regard to whether such labor, services, or materials were sold, leased, or rented, and without regard to whether such Claimant is or is not in privity of the Agreement with the Principal or any subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a lien against the property of the City affected by the Agreement, the Contractor's Surety shall either settle or resolve the Claim and shall remove any such lien by bond or otherwise as provided in the Agreement. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers, as set forth below. [SIGNATURES ON FOLLOWING PAGE] CONTRACTOR: Blount Construction C'oinp y, Inc. By: (signature) Keith Stephens kuCTIC) Title: Vice President ••••••••OLj�,�'d Date: 4/21/2020 EC). ' �= �JJ Attest: '�- `'-X945_. ':.r] • i nature) ••�F0 R G� ..�"�.• - — Mavleen E.M&)�cL (printed) Title: - Witness Date: 4/21/2020 N es (printed) Title: Witness Date: April 21, 2020 CONTRACTOR'S SURETY: Travelers Casuaity aAd Surety Company of America By: 1 (signature) Daniel Yates (printed) Title: Attorney In Fact Date: April 21, 2020 (ATTACH SURETY'S POWER OF ATTORNEY) (SEAL: -- Travelers Casualty and Surety Company of America A1111111111111i, Travelers Casualty and Surety Company TRAVELEM St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Daniel Yates, of Atlanta, Georgia, their true and lawful Attorney-in-Facttosign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies In their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and theircorporate seals to be hereto affixed, this 3rd day of February, 2017. offritmil State of Connecticut , .,. City of Hartford ss. Robert L'Raney, Sefdbr Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal a Thi My Commission expires the 30th day of June, 2021 mW17u�t. _ w *�� f Mane C. T�Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attom eys-in- Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority mayprescribe to sign with the Company's name and seal with the Company's seal bonds, recognizences, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office ofthe Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority: and It Is FURTHER RESOLVED, that the signature of each ofthe following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attomey or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries orAttomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power ofAttorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding towhich it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attomey executed by said Companies, which remains in full force and effect Dated this r day of F rurrrrow� ��ersrusua Kevin E. Hughes, Assi rant Secretary To verily the aathenticvty of this Power ofAtrawey, please cart us st 1-800-421-3880. Pieese refer to the above-named Attorney -i7 -fact and Me detsib of the bond to which rhe power is stteched. "EXHIBIT E" NONCOLLUSION AFFIDAVIT OF PRIME BIDDER STATE OF Georgia COUNTY OF Cobb Keith Stephens , being first duly sworn, deposes and says that: (1) He is Vice President (Owner, Partner, Officer, Representative, or Agent) of Pavement Technology Inc. (the "Bidder") that has submitted the attached Bid; (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive of sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, included in this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price of any other Bidder or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Milton or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this Affiant. (6) Bidder has not directly or indirectly violated any law, ordinance or regulation related to the Bid. W''', Signature o Authorize fficer or Agent Keith Stephens, Vice PResident Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 21 DAY OF A ri 1 , 20 20. ffwo)-X f 4z� Public [NOTARY SEAL] E My Commission Expires: �� 0* An.�•p 0. January 14,2024 m - j� „+![Y ,. GEoTL • a► J4.2024 +0q •..b., Q `% .i,,0 +yO Ni ��. "EXHIBIT F" FINAL AFFIDAVIT STATE OF _ COUNTY OF TO CITY OF MILTON, GEORGIA I, , hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by Blount Construction Co. Inc. or any of its subcontractors in connection with the construction of the Asphalt Rejuvenation Project for City of Milton, Georgia have been paid and satisfied in full as of , 20 , and that there are no outstanding obligations or claims of any kind for the payment of which City of Milton, Georgia on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. Signature Title Personally appeared before me this day of , 20 , who under oath deposes and says that he is of the firm of that he has read the above statement, and that to the best of his knowledge and belief same is an exact true statement. Notary Public [NOTARY SEAL] My Commission Expires "EXHIBIT G.1" STATE OF _ Georgia COUNTY OF Cobb CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use, and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period, and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 129210 Federal Work Authorization User Identification Number 1/4/2008 Date of Authorization Blount Construction Company, Inc. Name of Contractor Harmony Court Sinkhole Froiect Name of Project �. City of Milton, Geor i Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on April 21 , 202 in Ma 0etta (city), GA Yom% Signature of Authorized Offic6f or Agent Keith Stephens Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 21 DAY OF April 20 20 . &OKry blic "EXHIBIT G.2" SUBCONTRACTOR AFFIDAVIT STATE OF _ COUNTY OF By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Blount Construction Company, Inc. on behalf of the City of Milton has registered with, is authorized to use, and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Harmony Court Sinkhole Project Name of Project City of Milton. Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,201_. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: "EXHIBIT H" ADDITIONAL PAYMENT TERMS A. Defined Terms. Terms used in this Agreement shall have their ordinary meaning, unless otherwise defined below or elsewhere in the Contract Documents. (i) "Final Completion" means when the Work has been completed in accordance with terms and conditions of the Contract Documents. B. Payment for Work Completed and Costs incurred. City agrees to pay the Contractor for the Work performed and costs incurred by Contractor upon certification by the Contract Administrator and the City that the Work was actually performed and costs actually incurred in accordance with this Agreement. Compensation for Work performed and reimbursement for costs incurred shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed and costs incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. Invoices shall be submitted on a monthly basis or one invoice may be submitted upon completion of all work. 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 Pa meet and Retain a e. The Contractor through each invoice (except the final invoice) may request payment for no more than ninety percent (90%) of that portion of the Work completed during the term covered by each invoice as agreed upon by the Contract Administrator or the City. All amounts retained by the City shall be held as a lump sum until Final Completion of all Work, regardless of earlier completion of individual component(s) of the Work. The final payment issued by the City shall include all amounts retained by the City under this paragraph, subject to any deviations in the Work or Change Orders executed pursuant this Agreement. "EXHIBIT I" Contractor Responsibility for Project„and Worksite During Construction 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 Properly 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 I I (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. CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 21, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Facility Use Agreement between the City of Milton and Mills Spring Academy to Provide Gymnasium Access to Support the City of Milton Basketball Program. MEETING DATE: Wednesday, April 27, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ DocuSign Envelope ID: 0D117A09-DD2A-4828-A7EE-26D9B82BE7E2 April 27, 2020 X X X X To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on April 21, 2020 for the April 27, 2020 Regular Council Meeting Agenda Item: Approval of a Facility Use Agreement between The City of Milton and Mill Springs Academy to Provide Gymnasium Access to Support the City of Milton Basketball Program. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Facility Use Agreement between The City of Milton and Mill Springs Academy to provide Gymnasium Access to Support the City of Milton Basketball Program. Executive Summary: The Milton Basketball Program is now operating 12 months a year and in the busiest season, which is winter, it is now the second largest program in the City. We have been constricted by the availability of indoor basketball court space. An agreement with Mill Springs Academy would allow us to meet the projected growth for the next two years. Funding and Fiscal Impact: The pricing will be $36/hour which is consistent with what we are paying to rent space from the Crabapple First Baptist Church. This agreement also includes an annual resurfacing of their gymnasium floor which is consistent with our agreement with the Fulton County School Board at Northwestern Middle School and Hopewell Middle School. Alternatives: If this contract is not approved, we will have to cap the registration for basketball at our current levels and not allow any expansion. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, March 13, 2020 Concurrent Review: Steven Krokoff, City Manager DocuSign Envelope ID: 0D117A09-DD2A-4828-A7EE-26D9B82BE7E2 Attachment(s): Mill Springs Academy Facilities Use Agreement DocuSign Envelope ID: 0D117A09-DD2A-4828-A7EE-26D9B82BE7E2 rdMILL SPRINGS ACADEMY USE OF FACILITIES AGREEMENT Mill Springs Academy (Owner) agrees to permit the City of Milton, Georgia (through its Parks and Recreation Department) to use Mill Springs Academy facilities as specified below: Facility: Gymnasium Date(s) : TBD Time(s): 5:30-9:00 1. User agrees to pay Owner the sum of $36 per hour. Each month, the User shall pay the Owner for the number of hours used in the preceding month, based on the number of hours the facility was made available as scheduled by the parties. In addition, the User agrees to resurface the gym floor once per year using the same design or similar design approved by Owner. (Floor resurfacing consists of a light sanding of the existing parquet floor and an application of two coats of polyurethane floor sealant.) 2. The initial term of this Agreement shall run from April 15, 2020 to September 30, 2020. Thereafter, it shall renew each year for four successive one-year renewal terms (October 1— September 30), unless one party provides notice of non -renewal to the other at least 30 days in advance of the start date of the next renewal term. 3. User shall be responsible for ensuring that the facilities are not misused, abused or damaged in any way by participants in the activity sponsored by User. In the event damage does occur as a result of User's use of Owner's facilities, User shall reimburse Owner for any and all such damage. The User shall have a reasonable opportunity to inspect the damage and the work proposed to fix the damage, and, within 5 business days after the extent of the damage and the cost of repair have been estimated by the Owner, and User has been notified of such cost, User shall indicate to Owner its intent to pay (or its reasonable objections to) the proposed cost of repair. The User shall promptly pay the cost to repair within five business days of receipt of an invoice or other notice of the cost of same. 4. User shall be responsible for paying any and all state and local sales tax that may be due from the sale of tickets, concessions or other property by User while using Owner's facilities, and shall indemnify the school against any and all claims against the school for the payment of such taxes. 5. User shall maintain, at its own cost and expense, a comprehensive general liability insurancepolicy, in the minimum amount of $1,000,000.00 for each occurrence and $2,000,000 annual aggregate, as well as such insurance as will protect it from claims for its employees under the Workers' No Text Compensation law in the state of Georgia, in the minimum amount of $1,000,000 per occurrence. The User will provide evidence of liability insurance coverage of not less than $1,000,000 in combined single limits for Automobile liability. Before utilizing the Owner's facility in any way as contemplated by this Agreement, User shall provide, to Owner, Certificates of Insurance verifying the above-mentioned insurance coverages. The Certificate of Insurance shall name the Owner, its directors, officers, employees, and agents as additional insureds. All Certificates of Insurance and all notices of proposed cancellation of coverage shall be sent to the Owner at the address provided below within 30 days prior to cancellation. All such insurance coverage mentioned above shall be purchased from an A rated insurance company according to the rating agency AM Best. 6. To the fullest extent permitted by law (if any), User shall indemnify, protect and save harmless the Owner, its parent, subsidiaries, affiliates, suppliers, agents, officers, directors, and employees from all accidents, claims, judgments, liens, liabilities, losses, damages or injuries of any kind or nature whatsoever (including, without limitation, bodily injury, occupational injury or illness and death) including attorneys' fees, costs, expenses, fines, penalties and damages (collectively, "Claims"), directly or indirectly resulting from the negligence or willful misconduct of its employees, agents, laborers, guests or subcontractors, or any other obligation of User under this Agreement or applicable law, except where such Claims are caused by the negligence or willful misconduct of Owner or its parent, subsidiaries, affiliates, suppliers, agents, officers, directors, and employees. The foregoing indemnity includes reimbursement of any expenditures, including reasonable attorneys' fees, which the Owner may incur by reason of such Claims. The foregoing indemnity is independent of and not limited to proceeds payable from any of the insurance policies required under this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit User's indemnification obligations or other liability hereunder. User waives any rights of subrogation against the Owner. This indemnification will survive the termination of this Agreement. 7. User will be responsible for all required set up, and will return the facilities to the format in which they found them. 8. Early termination due to COVID-19: The parties acknowledge that the purpose of this agreement is for the User to have space in which to host parks and recreation programs that benefit the public. If the User reasonably cancels its programs intended for the facility due to public health concerns about the COVID-19 illness, the User shall have the right to terminate the Agreement early upon seven days' notice to Owner. 9. Special conditions: a) No alcoholic beverages permitted on campus. b) User is responsible for leaving the facility as it was when they entered. 10. The person who shall be responsible for ensuring that User carries out the terms of the agreement is the City Parks and Recreation Director (Jim Cregge), who can be reached at the contact information specified in the signature block below. 11. This is the entire agreement between the parties in regards to the subject matter of this agreement and any official notices under this agreement may be sent to the addresses specified in the signature block below. Nothing contained in this agreement shall be construed to be a waiver of User's sovereign immunity or any individual's qualified, good faith or official immunities. Nothing herein shall be construed as creating any individual or personal liability on the part of any of either party's elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. 12. This agreement is executed by an officer of each party authorized to execute the agreement: USER: Company Name: City of Milton, Georgia Address: 2006 Heritage Walk City, ST, ZIP: Milton, GA 30004 Attn: Parks & Recreation Phone: 678-242-2490 Authorized Agent: Joe Lockwood Title: Mayor. Date: Approved as to form: City Attorney OWNER: Mill Springs Academy, Inc. 13660 New Providence Road Alpharetta, GA 30004 770-360-1336 Authorized Agent: Title: Date: CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 21, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Facility Use Agreement between the City of Milton and Mill Springs Academy to Provide School Access to Support the City of Milton Camp Joyful Souls Summer Camp MEETING DATE: Wednesday, April 27, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ DocuSign Envelope ID: 069D7118-967C-403B-ADCF-A7EC867B7BBB X X X April 27, 2020 X To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on April 21, 2020 for the April 27, 2020 Regular Council Meeting Agenda Item: Approval of a Facility Use Agreement between The City of Milton and Mill Springs Academy to Provide School Access to Support the City of Milton Camp Joyful Soles Summer Camp ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Facility Use Agreement between The City of Milton and Mill Springs Academy to provide School Access to Support the City of Milton Camp Joyful Soles Summer Camp. Executive Summary: Camp Joyful Soles has been growing consistently over the last 7 years. For the of reason of physical availability, we have had to relocate the camp every year for the last 4 years. Also, we have been space-restricted, and we have in the last two years sold out every week to our capacity and had a waiting list to serve more. This agreement would allow us to expand to serving 35 campers every week and also sets us up to have a long term home in which to operate the camp. Funding and Fiscal Impact: The pricing will be consistent with our agreement with the Fulton County School Board at Cambridge High School, Milton High School and Hopewell Middle School. Alternatives: If this contract is not approved, we will have to cap the registration for Camp Joyful Soles at our current levels and not allow any expansion. Also, we will have to identify a location where we can operate Camp Joyful Soles. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, March 13, 2020 Concurrent Review: Steven Krokoff, City Manager DocuSign Envelope ID: 069D7118-967C-403B-ADCF-A7EC867B7BBB Attachment(s): Mill Springs Academy Facilities Use Agreement DocuSign Envelope ID: 069D7118-967C-403B-ADCF-A7EC867B7BBB MILL SPRINGS ACADEMY USE OF FACILITIES AGREEMENT Mill Springs Academy (Owner) agrees to permit the City of Milton, Georgia (through its Parks and Recreation Department) to use Mill Springs Academy facilities as specified below: Facility: PreUpper Building and other campus facilities if available Date(s): June 1-26; July 6-31 (2020) (weekdays only). Dates after 2020 are TBD. Time(s): 8:30-4:00 1. For the 2020 season, User agrees to pay Owner the sum of $11,000, payable in advance, upon acceptance of this agreement. For future seasons, User and Owner shall coordinate dates for use of the facility and a price equivalent to $275/day for each day of use of the facility. The price shall be paid before the first day that the facility is used. If User and Owner cannot agree on acceptable dates for use of the facility, either may terminate this Agreement with notice to the other. - 2. The initial term of this Agreement shall run from April 15, 2020 to September 30, 2020. Thereafter, it shall renew each year for four successive one-year renewal terms (October 1— September 30), unless one party provides notice of non -renewal to the other at least 30 days in advance of the start date of the next renewal term. 3. User shall be responsible for ensuring that the facilities are not misused, abused or damaged in any way by participants in the activity sponsored by User. In the event damage does occur as a result of User's use of Owner's facilities, User shall reimburse Owner for any and all such damage. The User shall have a reasonable opportunity to inspect the damage and the work proposed to -fix the damage, and, within 5 business days after the extent of the damage and the cost of repair have been estimated bythe Owner, and User has been notified of such cost, User shall indicate to Owner its intent to pay (or its reasonable objections to) the proposed cost of repair. The User shall promptly pay the cost to repair within five business days of receipt of an invoice or other notice of the cost of same. 4. User shall be responsible for paying any and all state and local sales tax that maybe due from the sale of tickets, concessions or other property by User while using Owner's facilities, and shall indemnify the school against any and all claims against the school for the payment of such taxes. 5. User shall maintain, at its own cost and expense, a comprehensive general liability insurance policy, in the minimum amount of $1,000,000.00 for each occurrence and $2,000,000 annual aggregate, as well as such insurance as will protect it from claims for its employees under the Workers' Compensation law in the state of Georgia, in the minimum amount of $1,000,000 per occurrence. The User will provide evidence of liability insurance coverage of not less than $1,000,000 in combined single limits for Automobile Liability. Before utilizing the Owner's facility in any way as contemplated by this Agreement, User shall provide, to Owner, Certificates of Insurance verifying the above-mentioned insurance coverages. The Certificate of Insurance shall name the Owner, its directors, officers, employees, and agents as additional insureds. All Certificates of Insurance and all notices of proposed cancellation of coverage shall be sent to the Owner at the address provided below within 30 days prior to cancellation. All such insurance coverage mentioned above shall be purchased from an A rated insurance company according to the rating agency AM Best. 6. To the fullest extent permitted by law (if any), User shall indemnify, protect and save harmless the Owner, its parent, subsidiaries, affiliates, suppliers, agents, officers, directors, and employees from all accidents, claims, judgments, liens, liabilities, losses, damages or injuries of any kind or nature whatsoever (including, without limitation, bodily injury, occupational injury or illness and death) including attorneys' fees, costs, expenses, fines, penalties and damages (collectively, "Claims"), directly or indirectly resulting from the negligence or willful misconduct of its employees, agents, laborers, guests or subcontractors, or any other obligation of User under this Agreement or applicable law, except where such Claims are caused by the negligence or willful misconduct of Owner or its parent, subsidiaries, affiliates, suppliers, agents, officers, directors, and employees. The foregoing indemnity includes reimbursement of any expenditures, including reasonable attorneys' fees, which/the Owner may incur by reason of such Claims. The foregoing indemnity is independent of and not limited to proceeds payable from any of the insurance policies required under this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit User's indemnification obligations or other liability hereunder. User waives any rights of subrogation against the Owner. This indemnification will survive the termination of this Agreement. 7. User will be responsible for all required set up, and will return the facilities to the format in which they found them. 8. Early termination due to COVID-19: The parties acknowledge that the purpose of this agreement is for the User to have space in which to host parks and recreation programs that benefit the public. If the User reasonably cancels its programs intended for the facility due to public health concerns about the COVID-19 illness, the User shall have the right to terminate the Agreement early upon seven days' notice to Owner, and Owner shall return the pro -rated portion of the User's advance payment, calculated based on the ratio of cancelled days to the number of days the faciljty was reserved for use. 9. Special conditions: a) No alcoholic beverages permitted on campus. b) User is responsible for leaving the facility as it was when they entered. 10. The person who shall be responsible for ensuring that User carries out the terms of the agreement is the City Parks and Recreation Director (Jim Cregge), who can be reached at the contact information specifie4 in the signature block below. , 11. This is the entire agreement between the parties in regards to the subject matter of this agreement and any official notices under this agreement may be sent to the addresses specified in the signature block below. Nothing contained in this agreement shall be construed to be a waiver of User's sovereign immunity or any individual's qualified, good faith or official immunities. Nothing herein shall be construed as creating any individual or personal liability on the part of any of either party's elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. 12. This agreement is executed by an officer of each party authorized to execute the agreement: USER: Company Name: City of Milton, Georgia Address: 2006 Heritage Walk City, ST, ZIP: Milton, GA 30004 Attn: Parks & Recreation Phone: 678-242-2490 I Authorized Agent: Joe Lockwood Title: Mayor, Date: Approved as to form: City Attorney OWNER: Mill Springs Academy, Inc. 13660 New Providence Road Alpharetta, GA 30004 770-360-1336 Authorized Agent: Title: 1�ct-4 &P S coo Date: CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 21, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Behavioral Services Contract between the City of Milton and Comprehensive Behavior Change, LLC to Provide Training to the Counselors at Camp Joyful Souls MEETING DATE: Wednesday, April 27, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ DocuSign Envelope ID: AD2E2A54-C695-4257-816B-62143949BB27 X X April 27, 2020 X X To: Honorable Mayor and City Council Members From: Jim Cregge, Parks & Recreation Director Date: Submitted April 21, 2020 for the April 27, 2020 Regular City Council Meeting Agenda Item: Approval of a Behavioral Services Contract between The City of Milton and Comprehensive Behavior Change, LLC to Provide Training Services for the Counselors at Camp Joyful Soles ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: Staff is recommending the Approval of a Behavioral Services Contract between The City of Milton and Comprehensive Behavior Change, LLC to provide training services for the Counselors at Camp Joyful Soles. With the value of the contract being under $1,000, only one bid was obtained. Procurement Summary: Purchasing method used: Other (See Comment Above) Account Number: 100-6110-523700001 Requisition Total: $880.00 Vendor DBA: Comprehensive Behavior Change, LLC Other quotes or bids submitted (vendor/$): N/A Financial Review: Bernadette Harvill, April 21, 2020 Legal Review: Sam VanVolkenburgh – Jarrard & Davis, April 2, 2020 Concurrent Review: Steven Krokoff, City Manager DocuSign Envelope ID: AD2E2A54-C695-4257-816B-62143949BB27 Attachment: Behavioral Services Contract between the City of Milton and Comprehensive Behavior Change, LLC DocuSign Envelope ID: AD2E2A54-C695-4257-816B-62143949BB27 1 Contract for Behavioral Services This Agreement for Services is made on this _______ day of _______, 2020, by and between City of Milton and Comprehensive Behavior Change, LLC, (CBC). City of Milton hereby contracts with Comprehensive Behavior Change, LLC to provide services, subject to the following terms and conditions: 1. The start date for this contract is May 1, 2020 and it shall continue until June 30, 2020. 2. City of Milton agree that all CBC employees are independent contractors and are not under the supervision or control of City of Milton. City of Milton agrees that CBC shall make all decisions regarding the assignment of CBC staff, based on staff availability and qualifications. 3. CBC agrees that, under the supervision of its directors, it will provide Board Certified Behavior Analysts or other staff members supervised by BCBAs to provide the following services as requested by City of Milton related to staff training for Camp Joyful Soles: a. Staff Training: Pre-meetings with administrative staff, training preparation, and group training for safe physical management procedures. 4. CBC employees will directly interact with Camp Joyful Soles staff. City of Milton agrees that employees of CBC are authorized to communicate directly with staff and physically contact or interact with them if necessary to demonstrate appropriate procedures. City of Milton agrees that it shall be responsible for providing such notifications or obtaining such permissions as may be necessary for CBC employees to interact with individuals in this regard. City of Milton will ensure that any consent allows CBC employees to talk amongst themselves and talk to any professionals as necessary to carry out their business activities, including CBC attorneys. City of Milton agrees to indemnify and hold harmless CBC, against and from any claim by campers or any representative of campers, including but not by way of limitation, any parent/guardian or family member of campers, which arises or is claimed to arise from any interaction, communication or physical contact by employees or independent contractors of CBC occurring as a part of the services which are the subject of this Contract to the extent, if any, permitted by law, and then only to the extent caused by the wrongdoing of the City or its agents. City of Milton also agrees to indemnify and hold harmless CBC against any claim by any Camp Joyful Soles employee, volunteer, officer, official, and/or agent which arises or is claimed to arise from the services which are the subject of this Contract or from using any of procedures trained by CBC, to the fullest extent permitted by law. City of Milton shall indemnify and protect CBC, its officers, officials, agents, and/or employees, against any charge or citation brought by or on behalf of any party before any professional, city, state or federal court, agency or other organization with similar function or authority to the extent, if any, permitted by law, and then only to the extent caused by the wrongdoing of the City or its agents. This agreement shall include attorney fees and expenses incurred 2 by CBC or its employees or independent contractors as well as lost time spent defending any charge or citation, claim, or allegation. The City of Milton warrants that all Camp Joyful Soles employees who are trained by CBC will be covered under the City’s workers’ compensation policy. 5. CBC will provide services specified herein at a cost of $880 for the preparation and direct training of staff. Any services requested and agreed upon outside this specific project shall be charged at $135/hour for support from a Doctoral Level Behavior Analyst (BCBA-D) and $110/hour for support from a Master’s Level Behavior Analyst (BCBA) for all services. Billing by CBC is conducted at the end of each month with the first billing date anticipated to be May 31, 2020. Invoices will be submitted electronically via email to Jim Cregge, Parks and Rec Director for City of Milton. The invoices will contain a specification of the work done within the month with the date and a general description of services provided. City of Milton will pay the invoice within fifteen (15) business days of receipt. 6. 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, CBC agrees that, during performance of this Agreement, CBC, 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, belief, political affiliation, age or disability. In addition, CBC agrees to comply with all applicable implementing regulations of the above-referenced statues and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. 7. Ethics. CBC 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. CBC 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. 8. Either party may terminate this Contract for good cause. In the event that City of Milton wishes to terminate this Contract for cause, it shall provide sixty (60) days written notice of its intent to terminate stating the grounds therefore. 3 9. This Agreement constitutes the complete agreement between the parties and may only be amended by a subsequent written instrument signed by the parties. In the event of any dispute regarding payment, the parties agree that prior to the filing of any civil action, mediation must occur before a mutually acceptable mediator. 10. City of Milton hereby warrants that the representative signing this contract is authorized to do so and binds City of Milton to its terms. City of Milton Representative: Signature: _______________________________ Date: ______________________ Name: __________________________________ Title: ___________________________________ Attorney Approval as to Form: __________________________________________ CBC Representative: Signature: ______________________________ Date: ______________________ Name: _________________________________ Title: __________________________________ BCBA # _______________________________ CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 20, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of the Adoption of the Proposed Changes to Chapter 32 and Chapter 34 of the Milton City Code MEETING DATE: Wednesday, April 27, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ DocuSign Envelope ID: 84ECF1F0-19A9-4122-A8E0-8F1F5BD7A609 X X X X April 27, 2020 To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on April 9, 2020 for First Presentation on April 27, 2020 Regular Council Meeting and Unfinished Business on May 4, 2020 Regular Council Meeting Agenda Item: Consideration of the Adoption of the Proposed Changes to Chapter 32 and Chapter 34 of the Milton City Code ____________________________________________________________________________ Department Recommendation: Staff is recommending the Adoption of the Proposed Changes to Chapter 32 and Chapter 34 of The Milton City Code. Executive Summary: Staff is proposing changes to both Chapter 32 and Chapter 34 of the Milton City Code. The first proposed change is to define all forms of tobacco consumption, smoked, smokeless and vaping and to prohibit the use of all forms of tobacco consumption at all City owned facilities as part of Chapter 32 – Offenses and Miscellaneous Provisions. The second proposed change is to Chapter 34 – Parks, Recreation and Cultural Affairs. There are two changes here. The first is to align the ban on tobacco use at all City Parks and Recreation facilities with the new code in Chapter 32 and the second is to eliminate the Special Events ordinances as this is also listed in Chapter 64 – Zoning and this removes the duplication of the code. Funding and Fiscal Impact: The adoption of these proposed changes will not have any financial impact on the City. Alternatives: If these proposed changes are not accepted, then the existing no smoking ordinance in Chapter 34 will prevail. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, March 19, 2020. Concurrent Review: Steven Krokoff, City Manager Attachment(s): 1) Proposed Changes to Chapter 32 and Chapter 34 of the Milton City Code 1 ORDINANCE NO. STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO PROHIBIT TOBACCO PRODUCTS AND VAPOR PRODUCTS ON CITY PROPERTY AND DELETE DUPLICATE ORDINANCES RELATED TO SPECIAL EVENTS The Council of the City of Milton hereby ordains, while in regularly called Council meeting on the _______ day of _______, 2020 at 6:00 p.m., as follows: WHEREAS, pursuant to Section 1.12 of the City Charter, the City is authorized to control its property and regulate practices detrimental to the health and safety of the public; and, WHEREAS, the City Council has determined that it is in the public interest to regulate the use of tobacco products, and vapor products on City property; and, WHEREAS, the City Council has separately determined that certain ordinance language relating to special events in City parks is duplicative of language elsewhere in the Milton Code, and desires to delete the duplicative text; NOW THEREFORE: 1. Chapter 32, Article 2, Division 5, Section 32-113 of The Code of Ordinances of the City of Milton, Georgia, is hereby deleted and replaced with the text shown in the attached Exhibit A. 2. Chapter 34, Article 2, Section 32-22, Subsection (n) of The Code of Ordinances of the City of Milton, Georgia, is hereby deleted and replaced with the text show in the attached Exhibit B. 3. Chapter 34, Article 3 of The Code of Ordinances of the City of Milton, Georgia, is hereby deleted. ORDAINED this _________ day of ______________, 2020. Approved: _______________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk 2 EXHIBIT A Section 32-113 Prohibition on the use of tobacco products or vapor products on City-owned property. (a) Definitions – The following words as used in this section shall have the following prescribed meanings: 1) Tobacco product is defined as cigars, cigarettes, little cigars, loose tobacco, smokeless tobacco (chewing tobacco and dry and moist snuff, including snus), or any other product derived from tobacco or any of its derivates. 2) Use is defined as inhaling, exhaling, burning or carrying a lighted combustible product, producing vapor from a vapor product, chewing, sniffing, ingesting or otherwise consuming a product. 3) Vapor product is defined as any noncombustible product that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size that can be used to produce vapor from nicotine or any other substance intended for inhalation, in a solution or any other form. It includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of a solution or other form that is intended to be used with or in an electronic device. (b) It shall be unlawful for any person to use any tobacco product or vapor product on any City-owned property, other than in designated areas, if any. (c) Any person who is convicted of violating this section shall be punished in a manner consistent with general penalty section 1-5 of the City Code of Ordinances. 3 EXHIBIT B Section 34-22. – Prohibited Acts (n) Use of Tobacco Products and Vapor Products. It shall be unlawful for any person to use any tobacco product or vapor product (each as defined in Chapter 32, Article 2, Division 5, Section 32-113 of the Milton Code) in any municipal public park, other than in designated areas, if any. CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 21, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration for Approval of a Project Agreement between the City of Milton and the State of Georgia Department of Natural Resources for the Construction of a Fishing Pier and Pavilion at Providence Park MEETING DATE: Wednesday, April 27, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ DocuSign Envelope ID: E4CCE6C2-058B-4611-81C7-E855841FBEEC X X X April 27, 2020 X To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on April 21, 2020 for the April 27, 2020 Regular City Council Meeting Agenda Item: Consideration for Approval of a Project Agreement between the City of Milton and the State of Georgia Department of Natural Resources for the Construction of a Fishing Pier and Pavilion at Providence Park ______________________________________________________________________________ Project Description: This request is to approve a project agreement for the construction of a Fishing Pier and Pavilion at Providence Park. The agreement is with the State of Georgia Department of Natural Resources and provides the City of Milton with a Land and Water Conservation Fund Grant of $100,000. The grant requires the City to provide a 50% match which is planned for in the FY20 CIP budget. The pre-application for the grant was approved by the Mayor and council on October 22, 2018. Currently, there is no Dock or Fishing Pier at Providence Park as the previous dock was found to be structurally unsound and was dismantled for safety purposes. Procurement Summary: Purchasing method used: Other (See Comment Above) Account Number: Capital Grant Account Number TBD upon Council Approval Requisition Total: $100,000 Grant Financial Review: Bernadette Harvill, April 21, 2020 Legal Review: Sam VanVolkenburgh, April 9, 2020 Concurrent Review: Steven Krokoff, City Manager Attachment(s): 1) Project Agreement with the State of Georgia Department of Natural Resources 2) Resolution Accepting the Grant DocuSign Envelope ID: E4CCE6C2-058B-4611-81C7-E855841FBEEC STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION OF THE CITY OF MILTON AUTHORIZING THE ACCEPTANCE OF AN AWARD FROM THE GEORGIA DEPARTMENT OF NATURAL RESOURCES FOR A LAND AND WATER CONSERVATION FUND GRANT WHEREAS, O.C.G.A. § 36-35-3 provides that the governing authority of a municipality may adopt clearly reasonable ordinances, resolutions, and regulations; WHEREAS, O.C.G.A. § 36-87-2 provides that cities are authorized to participate in federal grant programs, contract to participate in such programs, and accept and expend grant funds subject to such terms as may be required by the grantor; WHEREAS, on October 22, 2018 the City adopted a resolution authorizing the filing of a project application for a grant for financial assistance to construct a fishing pier at Providence Park in the City of Milton (“Project”); WHEREAS, the Georgia Department of Natural Resources (“Department”) has agreed to issue a grant to the City for financial assistance to the Project; WHEREAS, the Department and the City desire to enter into an agreement (“Agreement”) setting forth the terms and conditions of the Department’s grant; WHEREAS, pursuant to the Agreement the City agrees to accept grant funds from the Department, in accordance with the terms specified therein; and WHEREAS, pursuant to the Agreement the City agrees to designate sufficient funds to assure the acquisition and/or development, operation and maintenance of the Project; NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Milton as follows: 1. The City hereby declares its ability and intention to finance the non-State (local) share of the costs for the Project and declares that sufficient funds will be available to assure effective operation and maintenance of the facilities acquired or developed by the Project. 2. The terms and conditions of the attached Agreement, including all understandings and assurances contained therein, are hereby approved, and the Mayor is hereby authorized to execute the Agreement. 3. The Mayor and appropriate City officials, consistent with their respective roles, are hereby authorized to accept the funds, act in connection with the Project, provide such additional information as may be required, and take any and all actions necessary to effectuate the purpose and intent of this resolution. RESOLVED this __________________ day of __________________ 2020. _________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk Seal STATE OF GEORGIA COUNTY OF FULTON CERTIFICATE I, Sudie Gordon, do hereby certify that I am City Clerk for the City of Milton, Georgia. As such, I keep its official records, including its minutes, and in that capacity do certify that the attached Resolution, Number ___________________, was approved during the _________________________________ City Council meeting. I further certify that the foregoing two (2) pages constitute a true and correct copy of the Resolution, and the original of said Resolution is on file at the offices of the City Clerk. Given under my hand and the Seal of the City of Milton, Georgia, this _____ day of __________, 2020. ____________________________________ Sudie AM Gordon City Clerk, City of Milton (City Seal) 1 DEPARTMENT OF NATURAL RESOURCES LAND AND WATER CONSERVATION FUND PROJECT AGREEMENT Applicant (State Agency/City/County/Commission/Authority): Project Number: LWCF(FBMS) City of Milton 13-01028 (P19AP00611) Project Title: Providence Park Project Period: Date of Approval (defined as the date of signatures on the following page) - December 31, 2021 Project Stage Covered by this Agreement: Entire Project Project Scope (Description of Project): This project consists of renovations at the 41.16 acre park known as Providence Park in the City of Milton, Fulton County, Georgia by the City of Milton to include: Replacing the dock with a new fishing pier and pavilion. By execution of this Project Agreement, the Applicant agrees to comply with the following regulations, policies, guidelines, and requirements, as applicable to this project: 1. Georgia Department of Natural Resources Land and Water Conservation Fund Project Agreement General Provisions (attached pages 3-16) 2. LWCF State Assistance Program Manual 3. Project Application and Attachments 4. 2 CFR Part 200 5. 36 CFR Part 59 Project Cost: Total Cost: $ 200,000.00 Fund (LWCF) Amount $ 100,000.00 (Fund amount not to exceed 50% of Total) DNR Form (January 2020) 2 The Department of Natural Resources, represented by the Commissioner of the Department of Natural Resources or his lawfully designated representative, and the Applicant named above hereinafter referred to as the Applicant, mutually agree to perform this Agreement in accordance with the Land and Water Conservation Fund Act, the LWCF State Assistance Program Manual, and the terms, promises, conditions, plans, specifications, estimates, procedures, project proposals, maps, assurances, and certifications attached hereto or retained by the Applicant and hereby made a part hereof. The Department of Natural Resources promises, in consideration of the promises made by the Applicant herein, to obligate to the Applicant the amount of money referred to above, and to tender to the Applicant that portion of the obligation which is required to pay the Department’s share of the costs of the above project stage, based upon the above percent age of assistance. The Applicant hereby promises, in consideration of the promises made by the Department herein, to execute the project described above in accordance with the terms of this Agreement. The following special project terms and conditions were added to this Agreement before it was signed by the parties hereto: Special Condition In the event archaeological materials are discovered during construction, State Historic Preservation Office recommends all ground disturbing activities cease until these resources can be assessed by a qualified archaeologist. In witness whereof, the parties have executed this Agreement as of the date entered below. STATE OF GEORGIA CITY OF MILTON By_________________________________ By____________________________ (Signature) (Signature) Taylor Brown State Liaison Officer Joe Lockwood (Name) Date________________________________ Mayor (Title)