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Agenda Packet CC - 09/21/2020
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, September 21, 2020 Regular Council Meeting Agenda 6:00 PM INVOCATION – Jason Howard, Chaplain for City of Milton Police and Fire 1) CALL TO ORDER 2) ROLL CALL 3)PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 4)APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 20-257) 5) PUBLIC COMMENT (General) 6) CONSENT AGENDA MILTON CITY COUNCIL REGULAR COUNCIL MEETING SEPTEMBER 21, 2020 Page 2 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 1. Approval of the August 10, 2020 Special Called City Council Meeting Minutes. (Agenda Item No. 20-258) (Sudie Gordon, City Clerk) 2. Approval of the Financial Statements and Investment Report for the Period Ending August 2020. (Agenda Item No. 20-259) (Bernadette Harvill, Finance Director 3. Approval of a Construction Services Agreement between the City of Milton and CMES, Inc. for Construction of Hopewell Road at Thompson Road and Hopewell Road at Hamby Road Roundabouts. (Agenda Item No. 20-260) (Robert Drewry, Public Works Director 4. Approval of a Public Works Maintenance and Operations Services Agreement with Tri Scapes, Inc. to Provide Maintenance of Milton’s Public Roadways and Right-of-ways. (Agenda Item No. 20-261) (Robert Drewry, Public Works Director) 5. Approval of a Construction Services Agreement between the City of Milton and Superior Fence Company for a Fence at the New Public Safety Complex. (Agenda Item No. 20-262) (Rich Austin, Police Chief) 6. Approval of Change Order #1 to the Agreement between the City of Milton and N Harris Computer Corp (CityView) to De-scope the Bluebeam Studio Prime Program and Replace it with the New CityView Electronic Plans Review Module which Results in a Decrease of the Contract in the Amount of $5,814. (Agenda Item No. 20-263) (Parag Agrawal, Community Development Director) 7. Approval of Amendment (#4) to a Professional Services Agreement between the City of Milton and SAFEbuilt Georgia, LLC to Extend the Contract from September 30, 2020 to November 30, 2020. (Agenda Item No. 20-264) (Parag Agrawal, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING SEPTEMBER 21, 2020 Page 3 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 8. Approval of a Waste and Recycle Services Agreement between the City of Milton and Republic Services. (Agenda Item No. 20-265) (Robert Edgar, Fire Chief) 9. Approval of an Intergovernmental Agreement between the City of Milton and the City of Alpharetta Regarding Shared Municipal Court Clerk Services. (Agenda Item No. 20-266) (Stacey Inglis, Assistant City Manager) 7) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Constitution Week Presented to the Daughters of the American Revolution - Patriots of Liberty Chapter and Martha Stewart Bulloch Chapter. (Presented by Mayor Joe Lockwood) 2. Milton’s 2040 Comprehensive Plan Public Participation Kick Off. (Parag Agrawal, Community Development Director) 8) FIRST PRESENTATION 1. Consideration of an Ordinance to Amend Chapter 4 – Section 105. – Hours and Days of Sale of the Alcoholic Beverages of the Code of the City of Milton. (Agenda Item No. 20-267) (Sarah LaDart, Economic Development Manager) 9) PUBLIC HEARING 1. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt the Fiscal 2021 Budget for Each Fund of the City of Milton, Georgia Appropriating the Several Items of Revenue Appropriations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 20-251) (Discussed at August 10, 2020 City Council Work Session) (First Presentation at September 9, 2020 City Council Meeting) (Public Hearing #1 at September 9, 2020 City Council Meeting) (Bernadette Harvill, Finance Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING SEPTEMBER 21, 2020 Page 4 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 10) ZONING AGENDA (None) 11) UNFINISHED BUSINESS 1. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal Year 2020 Budget for Each Fund of the City of Milton, Georgia Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 20-250) (First Presentation at September 9, 2020 City Council Meeting) (Public Hearing at September 9, 2020 City Council Meeting) (Bernadette Harvill, Finance Director) 2. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt the Fiscal 2021 Budget for Each Fund of the City of Milton, Georgia Appropriating the Several Items of Revenue Appropriations, Prohibiting Expenditures to Exceed Appropriations and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 20-251) (First Presentation at September 9, 2020 City Council Meeting) (Public Hearing #1 at September 9, 2020 City Council Meeting) (Public Hearing #2 at September 21, 2020 City Council Meeting) (Bernadette Harvill, Finance Director) 3. Consideration of an Ordinance to Amend Chapter 4 – Section 138 – Promotion and Sales of the Alcoholic Beverages of the Code of the City of Milton. (Agenda Item No. 20-252) (First Presentation at September 9, 2020 City Council Meeting) (Sarah LaDart, Economic Development Manager) 4. Consideration of an Ordinance to Amend Chapter 2, Article VI, Division 4, Section 2-390., Transfer or Disposition of Assets; Notice, of the Code of the City of Milton. (Agenda Item No. 20-253) (First Presentation at September 9, 2020 City Council Meeting) (Robert Drewry, Public Works Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING SEPTEMBER 21, 2020 Page 5 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 12) NEW BUSINESS 1. Consideration of a Resolution Authorizing Disposition of Fee Simple to Abutting Property Owners Robert K. and Melissa R. Yarbrough on Hopewell Road at Thompson Road. (Agenda Item No. 20-268) (Robert Drewry, Public Works Director) 2. Consideration of Subdivision Plats and Revision. (Agenda Item No. 20-269) (Parag Agrawal, Community Development Director) 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Community Development 14) EXECUTIVE SESSION (Potential Litigation) 15) ADJOURNMENT (Agenda Item No. 20-270) CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 17, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of the Financial Statements and Investment Report for the Period Ending August 2020 MEETING DATE: Wednesday, September 21, 2020 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: __________ X X 09/21/2020 X To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on September 17, 2020 for the September 21, 2020 Regular Council Meeting Agenda Item: Financial Statements & Investment Report for Period 11 – August 2020 Overview: General Fund Revenue collections for the General Fund are 6.36% over what is anticipated for the eleventh period of the fiscal year. Total expenditures to-date are $25,879,128 and are 5.78% 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 $13,968,570, capital expenditures-to-date total $2,253,927. 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 August 2020 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 12,276,633 40,418 873 39,545 12,412,860 12,275,759 137,101 Motor Vehicle Tax 727,100 95,552 60,259 35,294 795,399 445,970 349,428 Intangible Tax 215,000 78,483 17,910 60,573 461,060 179,095 281,965 Real Estate Transfer Tax 100,000 19,481 8,330 11,151 114,440 83,300 31,140 Franchise Fees 2,105,800 119,702 - 119,702 1,602,814 1,653,750 (50,936) Local Option Sales Tax 8,046,653 735,331 554,168 181,163 7,383,384 6,899,934 483,449 Alcohol Beverage Excise Tax 186,000 31,374 15,500 15,874 277,819 170,500 107,319 Business & Occupation Tax 700,000 24,925 - 24,925 828,519 700,000 128,519 Insurance Premium Tax 2,500,000 - - - - - - Financial Institution Tax 52,187 - - - 52,187 52,187 - Penalties & Interest 47,946 7,706 3,604 4,102 55,663 15,898 39,765 Alcohol Beverage Licenses 155,000 542 2,625 (2,083) 156,300 160,250 (3,950) Other Non-Business Permits/Licenses 33,100 3,688 3,182 505 34,392 30,174 4,218 Zoning & Land Disturbance Permits 59,050 2,495 4,919 (2,424) 61,145 54,108 7,037 Building Permits 285,000 26,239 23,750 2,489 277,974 261,250 16,724 Intergovernmental Revenue - - - - - - - Other Charges for Service 438,163 16,454 18,320 (1,866) 333,316 348,606 (15,290) Municipal Court Fines 250,000 - - - 228,868 229,167 (299) Interest Earnings 211,000 3,013 10,119 (7,106) 182,731 200,880 (18,150) Contributions & Donations 23,503 - - - 23,503 23,503 0 Other Revenue 109,325 6,373 8,649 (2,276) 125,329 100,785 24,543 Other Financing Sources 102,094 6,924 6,924 - 97,830 95,170 2,660 Total Revenues 28,623,554 1,218,699 739,131 479,568 25,505,533 23,980,286 1,525,246 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 154,101 8,245 9,675 (1,430) 115,762 144,440 (28,678) City Clerk 325,928 8,739 16,787 (8,048) 177,064 224,084 (47,020) City Manager 644,897 37,488 40,723 (3,236) 499,824 514,504 (14,680) General Administration 57,673 2,460 4,707 (2,246) 31,319 52,920 (21,600) Finance 636,442 33,711 40,978 (7,267) 507,837 585,504 (77,668) Legal 335,000 23,544 27,917 (4,373) 263,133 307,083 (43,950) Information Technology 1,288,896 10,511 83,704 (73,193) 935,345 1,007,386 (72,041) Human Resources 349,281 22,079 20,965 1,114 265,105 297,063 (31,958) Risk Management 261,010 24,897 26,116 (1,219) 242,920 253,922 (11,002) General Government Buildings 265,066 11,707 14,678 (2,971) 204,161 233,864 (29,704) Communications 284,875 17,423 32,157 (14,735) 193,768 262,266 (68,499) Community Outreach & Engagement 167,867 12,595 10,992 1,603 144,589 156,863 (12,274) Municipal Court 482,448 38,917 34,511 4,406 399,610 445,228 (45,618) Police 5,464,977 361,760 398,776 (37,016) 4,623,521 4,975,103 (351,582) Fire 7,655,723 495,290 551,503 (56,214) 6,677,446 7,060,434 (382,988) Public Works 2,748,400 172,914 168,262 4,652 1,974,470 2,056,213 (81,743) Parks & Recreation (Active)1,644,100 37,030 79,605 (42,575) 1,260,978 1,385,471 (124,494) Passive Parks/Greenspace 187,256 11,617 13,911 (2,294) 114,043 140,531 (26,489) Community Development 1,721,891 115,841 117,597 (1,756) 1,395,871 1,493,688 (97,817) Economic Development 179,655 9,062 8,930 131 145,314 161,799 (16,485) Debt Service - - - - - - - Operating Transfers to Other Funds 6,135,563 428,511 428,511 - 5,707,053 5,707,053 - Operating Reserve 105,443 - - - - - - Total expenditures 31,096,492 1,884,340 2,131,007 (246,668)25,879,128 27,465,420 (1,586,292) Net Income/(Loss)(2,472,938)(665,641)(373,596) Fund Balance - Beginning 10,495,407 10,495,407 Fund Balance - Ending 8,022,469 10,121,811 Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 of 13 Original Budgeted Amounts Amended 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 - - 1 46 46 Crabapple Fest Sponsor 15,000 7,500 - 7,500 - Earth Day Sponsor - - - - - Summer Event Sponsor 2,000 2,000 - - (2,000) Private Entity Contributions - - - - - Gas South Partnership - 1,000 56 813 (187) Total revenues 17,000$ 11,600$ 57$ 9,459$ (2,141)$ EXPENDITURES Current: Special Events 120,688$ 120,688$ -$ 52,201$ 68,487$ Total Expenditures 120,688$ 120,688$ -$ 52,201$ 68,487$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 80,000 45,000 2,099$ 36,922 (8,078) Total other financing sources and uses 80,000$ 45,000$ 2,099$ 36,922$ (8,078)$ Net change in fund balances (23,688)$ (64,088)$ (5,820)$ Fund balance - beginning 71,176 71,176 71,176 Fund balance - ending 47,488$ 7,088$ 65,356$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 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 -$ -$ 1,521$ 1,521$ Cash Confiscations/Fed Funds - - 24,211 24,211 Interest Revenues/State Funds - 0 0 0 Interest Revenues/Federal Funds - 1 58 58 Realized Gain on Investments/State Funds - - - - Proceeds of Sale of Assets - - - - Total revenues -$ 1$ 25,790$ 25,790$ EXPENDITURES Current: Police 6,716$ -$ 21,720$ (15,004)$ Total Expenditures 6,716$ -$ 21,720$ (15,004)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (6,716)$ 4,070$ Fund balance - beginning 95,166 95,166 Fund balance - ending 88,450$ 99,237$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2020 4 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 980,000$ 1,060,000$ 89,105$ 996,059$ (63,942)$ Total revenues 980,000$ 1,060,000$ 89,105$ 996,059$ (63,942)$ EXPENDITURES Current: Public Safety 980,000$ 1,060,000$ 89,105$ 996,059$ 63,942$ Total Expenditures 980,000$ 1,060,000$ 89,105$ 996,059$ 63,942$ 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 August 31, 2020 5 of 13 Original Budgeted Amounts Final Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 80,000$ 45,000$ 2,099$ 36,922$ (8,078)$ Total revenues 80,000$ 45,000$ 2,099$ 36,922$ (8,078)$ OTHER FINANCING SOURCES (USES) Transfers out to Special Events Fund 80,000$ 45,000$ 2,099$ 36,922$ (8,078)$ Total other financing sources and uses 80,000$ 45,000$ 2,099$ 36,922$ (8,078)$ 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 August 31, 2020 6 of 13 Original Budgeted Amounts Amended 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$ 110,000$ 10,095$ 97,227$ 97,227$ (12,773)$ Infrastructure Maint Penalty & Interest - - - 483 483 483 Tree Recompense - - - - - - Landfill Host Fees 48,000 42,000 - 34,965 34,965 (7,035) Interest Revenue - - 21 1,486 1,486 1,486 Total revenues 158,000$ 152,000$ 10,116$ 134,160$ 134,160$ (17,840)$ EXPENDITURES Capital Outlay City Council -$ -$ -$ -$ -$ -$ General Admin 13,762 13,762 - - - 13,762 Finance 162,315 162,315 - - - 162,315 Information Services 383,944 383,944 8,281 210,397 219,351 164,593 General Govt Bldg 46,266 46,266 - - - 46,266 Police 226,857 309,393 643 89,734 270,139 39,254 Fire 1,849,610 1,853,950 - 1,161,294 1,161,294 692,657 Public Works 5,698,404 6,261,436 - 443,222 588,761 5,672,675 Parks & Recreation (Active)3,287,597 3,304,597 - 318,782 480,947 2,823,649 Passive Parks/Greenspace 973,188 973,188 2,966 2,966 3,586 969,602 Community Development 659,626 659,719 1,939 27,531 384,436 275,283 Total Capital Outlay 13,301,568$ 13,968,570$ 13,829$ 2,253,927$ 3,108,514$ 10,860,056$ Excess of revenues over expenditures (13,143,568)$ (13,816,570)$ (3,713)$ (2,119,767)$ (2,974,354)$ (10,877,896)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 4,894,518$ 4,977,054$ 428,511$ 4,548,544$ 4,548,544$ (428,511)$ Transfers in from Capital Grant Fund - 169,938 42,485 127,454 127,454 (42,484) Transfer in from Impact Fee Fund/Roads - 234,135 58,534 175,602 175,602 (58,534) Transfer out to General Fund (83,093) (83,093) (6,924) (76,169) (76,169) 6,924 Contingencies (147,450) (10,398) - - - 10,398 Total other financing sources and uses 4,663,975$ 5,287,636$ 522,604$ 4,775,430$ 4,775,430$ (512,206)$ Net change in fund balances (8,479,593)$ (8,528,934) 2,655,663$ 1,801,076$ Fund balance - beginning 8,532,749 8,532,749 8,532,749 8,532,749 Fund balance - ending 53,155$ 3,815$ 11,188,412$ 10,333,825$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2020 7 of 13 Original Budgeted Amounts Amended 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$ 1,697,096$ 6,446$ 1,717,849$ 1,717,849$ 20,753$ Real Property Tax-Prior Year - 13,100 231 15,316 15,316 2,216 Public Utility Tax-Current Year 13,220 13,220 - 12,604 12,604 (616) Personal Property Tax-Current Year 25,090 25,090 15 25,243 25,243 153 Personal Property Tax-Prior Year - - - 105 105 105 Motor Vehicle Tax 5,689 5,689 433 5,288 5,288 (401) Penalties & Interest - Real Property - 2,400 91 2,750 2,750 350 Penalties & Interest - Personal Property - 170 0 172 172 2 Other Miscellaneous Revenue - 37,350 - 37,350 37,350 - Interest Revenue (Regions)200,000 75,000 101 50,134 50,134 (24,866) Interest Revenue (SunTrust)- - 2 325 325 325 Total revenues 1,927,095$ 1,869,115$ 7,319$ 1,867,135$ 1,867,135$ (1,980)$ EXPENDITURES Capital Outlay Passive Parks/Greenspace 7,637,331$ 7,603,245$ 63,652$ 2,487,561$ 2,535,045$ 5,068,201$ Fiscal Agent's Fees - - - 1,306 1,306 (1,306) Bond Principal 855,000 855,000 - 855,000 855,000 - Bond Interest 858,875 858,875 - 858,875 858,875 - Total Capital Outlay 9,351,206$ 9,317,120$ 63,652$ 4,202,743$ 4,250,226$ 5,114,378$ Excess of revenues over expenditures (7,424,111)$ (7,448,005)$ (56,333)$ (2,335,608)$ (2,383,091)$ 5,112,398$ Net change in fund balances (7,424,111)$ (7,448,005) (2,335,608)$ (2,383,091)$ Fund balance - beginning 7,536,608 7,536,608 7,536,608 7,536,608 Fund balance - ending 112,497$ 88,602$ 5,201,000$ 5,153,517$ City of Milton Greenspace Bond Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2020 8 of 13 Original Budgeted Amounts Amended 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$ 5,542,547$ 550,724$ 5,290,535$ 5,290,535$ (252,012) Interest Revenues - - 23 2,067 2,067 2,067 Realized Gain or Loss (GA Fund 1)200,000 150,000 1,725 118,654 118,654 (31,346) Total revenues 6,500,000$ 5,692,547$ 552,471$ 5,411,256$ 5,411,256$ (281,291)$ EXPENDITURES Capital Outlay Public Works 17,181,402$ 17,181,402$ 24,259$ 2,541,045$ 2,925,735$ 14,255,666 Total Capital Outlay 17,181,402$ 17,181,402$ 24,259$ 2,541,045$ 2,925,735$ 14,255,666$ Excess of revenues over expenditures (10,681,402)$ (11,488,855)$ 528,213$ 2,870,211$ 2,485,521$ 13,974,375$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ -$ -$ Net change in fund balances (10,681,402)$ (11,488,855)$ 2,870,211$ 2,485,521$ Fund balance - beginning 13,950,834 13,950,834 13,950,834 13,950,834 Fund balance - ending 3,269,433$ 2,461,980$ 16,821,045$ 16,436,355$ 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 August 31, 2020 9 of 13 Original Budgeted Amounts Amended 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 198,640$ 198,640$ -$ 6,412$ 6,412$ (192,228)$ Land & Water Conservation Grant 200,000 200,000 - - - (200,000) LMIG Funds 405,528 444,773 - 444,773 444,773 - Smart Communities 65,191 50,000 - - - (50,000) HPP Funds - - - 85,523 85,523 85,523 Trail Connection to Big Creek Greenway 400,000 400,000 - 7,200 7,200 (392,800) Interest Revenues - - 10 947 947 947 Total revenues 1,269,359$ 1,293,413$ 10$ 544,855$ 544,855$ (748,558)$ EXPENDITURES Fire -$ -$ -$ -$ 90,637$ (90,637)$ Public Works 1,383,489 1,252,796 13,500 40,500 45,000 1,207,796 Parks & Recreation 631,443 659,036 10,655 69,360 122,860 536,176 Community Development 104,793 62,102 10,625 25,625 34,350 27,752 Total Capital Outlay 2,119,725$ 1,973,934$ 34,780$ 135,485$ 292,847$ 1,681,087$ Excess of revenues over expenditures (850,366)$ (680,521) (34,770)$ 409,370$ 252,008$ 932,529$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ -$ Transfer Out to Capital Projects Fund - (169,938) (42,485) (127,454) (127,454) (42,484) Budgeted Fund Balance - - - - - - Total other financing sources and uses -$ (169,938)$ (42,485)$ (127,454)$ (127,454)$ (42,484)$ Net change in fund balances (850,366)$ (850,459)$ 281,916$ 124,554$ Fund balance - beginning 850,459 850,459 850,459 850,459 Fund balance - ending 93$ 0$ 1,132,376$ 975,014$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2020 10 of 13 Original Budgeted Amounts Amended 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$ 22,000$ 2,486$ 22,834$ 22,834$ 834$ Law Enforcement Fund 13,000 10,000 1,043 10,005 10,005 5 Fire Fund 72,500 55,500 5,979 57,332 57,332 1,832 Road Fund 110,000 69,000 7,462 72,284 72,284 3,284 Park Fund 650,000 594,000 68,366 621,510 621,510 27,510 Interest Revenues/Admin Fund - - 1 53 53 53 Interest Revenues/Law Enforcement Fund - - 0 23 23 23 Interest Revenues/Fire Fund - - 1 129 129 129 Interest Revenues/Road Fund - - 2 162 162 162 Interest Revenues/Park Fund - - 16 1,452 1,452 1,452 Total revenues 875,500$ 750,500$ 85,356$ 785,785$ 785,785$ 35,285$ EXPENDITURES General Government Buildings 73,437$ 70,012$ -$ -$ -$ 70,012$ Fire 319,372 309,132 - - - 309,132 Public Works 266,709 - - - - - Parks & Recreation 3,063,327 3,086,084 - 1,315,828 1,315,828 1,770,255 Community Development 59,195 55,330 - - 44,450 10,880 Total Capital Outlay 3,782,040$ 3,520,558$ -$ 1,315,828$ 1,360,278$ 2,160,280$ Excess of revenues over expenditures (2,906,540)$ (2,770,058) 85,356$ (530,044)$ (574,494)$ 2,195,564$ OTHER FINANCING SOURCES (USES) Transfer Out to General Fund/Admin -$ -$ -$ -$ -$ -$ Transfer Out to Capital Projects Fund/Road - (234,135) (58,534) (175,602) (175,602) 58,534 Total other financing sources and uses -$ (234,135)$ (58,534)$ (175,602)$ (175,602)$ 58,534$ Net change in fund balances (2,906,540)$ (3,004,194) (705,645)$ (750,095)$ Fund balance - beginning 3,004,194 3,004,194 3,004,194 3,004,194 Fund balance - ending 97,654$ 0$ 2,298,549$ 2,254,099$ City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2020 11 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Interest Revenues (Regions)-$ 170,338$ 529$ 116,475$ 116,475$ (53,863)$ Total revenues -$ 170,338$ 529$ 116,475$ 116,475$ (53,863)$ EXPENDITURES Capital Outlay General Government Buildings 13,853,347$ 13,853,347$ 72,826$ 9,920,764$ 12,789,860$ 1,063,487$ Fire 3,706,563 3,706,563 - 170,000 612,587 3,093,976 Fiscal Agent's Fees - 114,971 - 114,971 114,971 - Issuance Costs - 387,932 - 387,932 387,932 - Bond Principal - 8,511,627 - 8,511,627 8,511,627 - Bond Interest - 528,509 - 528,509 528,509 - Total Capital Outlay 17,559,910$ 27,102,950$ 72,826$ 19,633,803$ 22,945,486$ 4,157,464$ Excess of revenues over expenditures (17,559,910)$ (26,932,612)$ (72,297)$ (19,517,328)$ (22,829,011)$ 4,103,601$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ 1,158,509$ -$ 1,158,509$ 1,158,509$ -$ Transfers out to General Fund - - - - - - Revenue Bond Proceeds 19,106,563 27,493,663 - 27,493,663 27,493,663 - Total other financing sources and uses 19,106,563$ 28,652,172$ -$ 28,652,172$ 28,652,172$ -$ Net change in fund balances 1,546,653$ 1,719,560 9,134,844$ 5,823,161$ Fund balance - beginning (1,546,653) (1,546,653) (1,546,653) (1,546,653) Fund balance - ending -$ 172,908$ 7,588,191$ 4,276,508$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2020 12 of 13 Amount Percent Yield Money Market - Quantum Bank 5,389,516 16%0.27% GA Fund 1 14,492,052 43%0.15% GA Fund 1 (TSPLOST)13,858,334 41%0.15% Grand Total Investment Portfolio 33,739,902 100% Current Month YTD Current Month YTD Interest earned 3,013 182,229 1,725 118,654 Budgeted interest 10,036 199,964 9,580 140,420 Variance over/(under)(7,023) (17,735) (7,855) (21,766) General Fund TSPLOST Fund City of Milton Investment Portfolio Month Ending August 31, 2020 13 of 13 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 16, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and CMES Inc. for Construction of Hopewell Road at Thompson Road and Hopewell Road at Hamby Road Roundabouts MEETING DATE: Wednesday, September 21, 2020 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: __________ X X 09/21/2020 X X To: Honorable Mayor and City Council Members From: Robert Drewry, Public Works Director Date: Submitted on September 10, 2020 for the September 21, 2020 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and CMES Inc. for Construction of Hopewell Road at Thompson Road and Hopewell Road at Hamby Road Roundabouts _____________________________________________________________________________________ Project Description: The Contractor will be providing construction services for the construction of roundabouts at the intersections of Hopewell Road and Thompson Road and Hopewell Road and Hamby Road. This also includes all materials, labor, and equipment to complete this work. Staff is recommending approval of this construction services contract. Procurement Summary: Purchasing method used: Bid Award-ITB (Over $50,000) Account Number: 335-4101-541400006: $2,065,293.80 335-4101-541400008: $1,402,187.60 Requisition Total: $3,467,481.40 Other quotes or bids submitted (vendor/$) Vendor/Firm Quote/Bid Lewallen Construction $3,821,529.97 Ohmshiv Construction $3,999,353.39 Financial Review: Bernadette Harvill, September 14, 2020 Legal Review: Sam VanVolkenburgh – Jarrard & Davis, September 11, 2020 Concurrent Review: Robert Drewry, Public Works Director Attachment(s): Construction Services Agreement 1 Construction Services Agreement | Version 1.0 ****************************************************************************** ************** CONSTRUCTION SERVICES AGREEMENT Intersection Improvement Projects 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 CMES Inc., a Georgia corporation 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 July 16, 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 ITB 20-PW15 to the Contractor; and WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, the Contractor has represented that it is qualified by training and experience to perform the Work; and WHEREAS, based upon Contractor’s bid, the City has selected Contractor as the successful bidder, and WHEREAS, Contractor desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work, and Contractor is aware that it must be licensed to do business in the State of Georgia. 2 Construction Services Agreement | Version 1.0 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 August 18, 2020, along with revised bid sheet, attached hereto as “Exhibit B”; C. Scope of Work, attached hereto as “Exhibit C”; D. Required Performance Bond, Payment Bond and Maintenance Bond, attached hereto collectively as “Exhibits D.1, D.2 and D.3”; E. Noncollusion Affidavit of Prime Bidder, attached hereto as “Exhibit E”; F. Final Affidavit, attached hereto as “Exhibit F”; G. Alien Employment affidavits, attached hereto as “Exhibits G.1 and G.2”; H. Plans, drawings and specifications, attached hereto collectively as “Exhibit H”; I. Additional Payment/Retainage Requirements, attached hereto as “Exhibit I”; J. “Exhibit J” - reserved; K. Contract Administration provisions (if issued), attached hereto as “Exhibit K”; L. General Conditions (if issued), attached hereto as “Exhibit L”; M. Supplementary Conditions (if issued), attached hereto as “Exhibit M”; N. City of Milton Code of Ethics (codified in the official Code of the City of Milton); O. 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. 3 Construction Services Agreement | Version 1.0 Section 2. Project Description; Architect; Engineer; Contract Administrator A. Project. A general description of the Project is as follows: services to provide for the construction of roundabouts at the Hopewell Road and Thompson Road intersection and at the Hopewell Road and Hamby Road intersection in Milton, GA as specified in the construction plans and specifications as provided in Exhibit “A” (the “Project”). Lighting Options 1-3 are not included in the Project, and the City will be proceeding without a lighting option. B. Architect/Engineer (if any). (i) Architect [if applicable]. The Project has been designed by Barge Design Solutions (hereinafter referred to as the “Architect”). The Architect will have authority to act on behalf of the City only to the extent provided in the Contract Documents, unless otherwise modified in accordance with the provisions of this Agreement. (ii) Engineer [if applicable]. The Project has been designed by ____N/A__________________ (hereinafter referred to as the “Engineer”). The Engineer will have authority to act on behalf of the City only to the extent provided in the Contract Documents, unless otherwise modified in accordance with the provisions of this Agreement. C. Contract Administrator. The Contract Administrator for this Agreement shall be: 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 (defined in Section 4(A) below). Unless 4 Construction Services Agreement | Version 1.0 otherwise approved, the Contractor shall perform its obligations under this Agreement as expeditiously as is consistent with reasonable skill and care and the orderly progress of the Work. C. Plans; Drawings and Specifications. The plans, drawings and specifications provided in “Exhibit H”, attached hereto, are hereby acknowledged by the Parties and incorporated herein by reference. D. Shop Drawings, Product Data, and Samples. Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents, but must be in conformity therewith. The purpose of their submittal is to demonstrate, for those portions of the Work for which submittals are required by the Contract Documents, the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. (i) “Shop Drawings” are drawings, diagrams, schedules and other data specifically prepared for the Work by the Contractor or a subcontractor, sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. (ii) “Product Data” are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. (iii) “Samples” are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. The Contractor shall review for compliance with the Contract Documents and shall approve and submit to the Contract Administrator Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the City or of separate contractors. By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Contract Administrator without action. The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved in writing by the Contract Administrator, provided that submittals that are not required by the Contract Documents may be returned without action. 5 Construction Services Agreement | Version 1.0 The Work shall be completed in accordance with approved submittals, provided that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Contract Administrator’s approval of Shop Drawings, Product Data, Samples or similar submittals, unless the Contractor has specifically informed the Contract Administrator in writing of such deviation at the time of submittal and (1) the Contract Administrator has given written approval to the specific deviation as a minor change in the Work, or (2) a written Change Order has been issued and approved to authorize the deviation. The Contract Administrator’s approval of the Shop Drawings, Product Data, Samples or similar submittals shall not relieve the Contractor of responsibility for errors or omissions therein. The Contractor shall, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, direct the Contract Administrator’s attention to any additional revisions included other than those requested by the Contract Administrator on previous submittals. In the absence of such written notice drawing the Contract Administrator’s attention to such additional revisions, the Contract Administrator’s approval of a resubmission shall not apply to such additional revisions. The Contractor shall maintain at the Project site(s) one record copy of the Contract Documents in good order and marked currently to record field changes and selections made during construction and one record copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These documents shall be available to the City and Contract Administrator and shall be delivered to the Contract Administrator or City upon completion of the Work. Section 4. Contract Term; Liquidated Damages; Expedited Completion; Partial Occupancy or Use A. Contract Term. The term of this Agreement (“Term”) shall commence on the Effective Date and continue until final completion and payment for the Work or the proper termination and non-renewal of this Agreement (provided that certain obligations, including but not limited to Warranty obligations, will survive termination/expiration of this Agreement). Contractor warrants and represents that it will perform its Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The Contractor shall commence Work pursuant to this Agreement within ten (10) calendar days of the Notice to Proceed provided by the City, and the Work shall be completed within 380 calendar days from the Notice to Proceed (the “Expected Date of Final Completion”). Every effort will be made by Contractor to shorten this period. If unusual weather (beyond normal) affects the required completion schedule, the City and the Contractor will negotiate a new completion date. If the Term of this Agreement continues beyond the fiscal year in which this Agreement is executed, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on September 30 each fiscal year of the Term, and further, that this Agreement shall automatically renew on October 1 of each 6 Construction Services Agreement | Version 1.0 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. As advertised in the ITB, Liquidated damages for delay beyond the Expected Date of Final Completion shall be charged in accordance with GDOT Standard Specifications Section 108.08. B. Time is of the Essence. Contractor specifically acknowledges that TIME IS OF THE ESSENCE of this Agreement and that City will suffer financial loss if the Work is not completed in accordance with the deadlines specified in Section 4(A) above and within the Contract Documents. 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 7 Construction Services Agreement | Version 1.0 and Contract Administrator shall jointly inspect the area to be occupied, or portion of the Work to be used, in order to determine and record the condition of the Work. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. Section 5. Contractor’s Compensation; Time and Method of Payment A. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $3,467,481.40 (the “Maximum Contract Price”), except as outlined in Section 6 below. Notwithstanding any language to the contrary in the ITB, the compensation for Work performed shall be based upon the units performed at the unit prices shown in “Exhibit B” subject to the Maximum Contract Price. The City will not be using any lighting option from Exhibit B which is reflected by the $94,000 price deduction in the final bid price. Contractor represents that the Maximum Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. The Work consists of performing all necessary construction to implement the design plans clarifications, and specifications that were shown and referenced in the ITB. The City has attempted to estimate the units of specific materials and labor required for the Work in the bid schedule, but recognizes that additional materials or construction activity may be required to fully implement the plans. Accordingly, the City has budgeted up to $250,000.00 for Contractor to perform miscellaneous construction to implement the plans. To the extent Contractor must access this budget (i.e., by exceeding the estimated quantities of materials and labor in the bid schedule), it shall first coordinate with and receive written permission from Matt Fallstrom, the City’s Contract Administrator. To the extent a unit price for materials or labor is set forth in the bid schedule, Contractor shall perform any additional miscellaneous construction activity at the same unit price. To the extent certain materials or labor are required that do not have a unit price in the bid schedule, Contractor shall inform Mr. Fallstrom of the offered unit price and estimated quantity of units, and receive his advance written permission. Absent an approved, executed Change Order, Contractor shall not bill for miscellaneous construction work inconsistent with implementing the design plans. B. Additional Payment Requirements. Additional payment requirements are included as “Exhibit I”, attached hereto and incorporated herein by reference. C. Material Deviations. Any material deviations in tests or inspections performed, or times or locations required to complete such tests or inspections, and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through written Change Orders, as described in Section 6 below. Whenever the Contract Administrator considers it necessary or advisable, it shall have authority to require inspection or testing of the Work. However, neither this authority of the Contract Administrator 8 Construction Services Agreement | Version 1.0 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. 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 9 Construction Services Agreement | Version 1.0 the Contract Administrator. The Contractor shall carry out such written orders promptly. If the minor changes subsequently may affect adjustments in the Maximum Contract Price or the Term, the changes shall then be converted to a written Change Order by the requesting Party. Section 7. Covenants of Contractor A. Ethics Code; Conflict of Interest. (i) Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of his knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Contractor become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Contractor shall immediately notify the City. If the City determines that a conflict of interest exists, the City may require that Contractor take action to remedy the conflict of interest or terminate the Agreement without liability. The City shall have the right to recover any fees paid for services rendered by Contractor when such services were performed while a conflict of interest existed if Contractor had knowledge of the conflict of interest and did not notify the City within five (5) business days of becoming aware of the existence of the conflict of interest. (ii) Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub-consultant under a contract to the prime Contractor or higher tier sub- consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Meetings. The Contractor is required to meet with the City’s personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City or the Contract Administrator. The Contractor will be given a minimum of three (3) full business days’ notice of meeting date, time, and location. Face-to-face meetings are desired. 10 Construction Services Agreement | Version 1.0 However, at the Contractor’s option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of the contract for cause. C. Expertise of Contractor. Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. The Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of City and the Project in accordance with City’s requirements and procedures, and Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. D. Proper Execution by Contractor. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor’s profession or business and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, and Georgia’s Open Records Act (O.C.G.A. § 50-18-70, et seq.). Any additional work or costs incurred as a result of error and/or omission by Contractor as a result of not complying with the Contract Documents or not meeting the applicable standard of care or quality, including but not limited to those of repeated procedures and compensation for the Contract Administrator’s services or expenses, will be provided at Contractor’s expense and at no additional cost to the City. This provision shall survive termination of this Agreement. It is the Contractor’s responsibility to be reasonably aware of all applicable laws, statutes, ordinances, building codes, and rules and regulations. If the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Contract Administrator and the City in writing of any portions of the Contract Documents that are at variance with the applicable laws, statutes, ordinances, building codes, and rules and regulations. The Contractor’s duties shall not be diminished by any approval by the City or Contract Administrator of Work completed or produced; nor shall any approval by the City or Contract Administrator of Work completed or produced release the Contractor from any liability therefor, it being understood that the City is ultimately relying upon the Contractor’s skill and knowledge in performing the Work required under the Contract Documents. Organization of the specifications into divisions, sections and articles, and arrangement of drawings shall not control the Contractor in dividing the Work among subcontractors or in establishing the extent of Work to be performed by any trade. 11 Construction Services Agreement | Version 1.0 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 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 12 Construction Services Agreement | Version 1.0 discoverable, and Contractor shall be responsible for all costs and damages resulting from its failure to report reasonably discoverable defects. (iii) Contractor Requests for Information. If, with undue frequency (as determined by the City in its sole discretion), the Contractor requests information that is obtainable through reasonable examination and comparison of the Contract Documents, site conditions, and previous correspondence, interpretations or clarifications, the Contractor shall be liable to the City for reasonable charges from the Contract Administrator for the additional services required to review, research and respond to such requests for information. F. Supervision, Inspection and Construction Procedures. The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Agreement, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety therefor and, except as stated below, shall be fully and solely responsible for the jobsite safety for such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the City and Contract Administrator and shall not proceed with that portion of the Work without further written instructions from the City or Contract Administrator as approved in writing by the City. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of this Agreement. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to: (a) employees and other persons who may be affected, (b) the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site(s), under care, custody or control of the Contractor or Contractor’s subcontractors or sub-subcontractors, and (c) other property at the Project site(s) or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public 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 13 Construction Services Agreement | Version 1.0 foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the Project site(s) by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the City and Contract Administrator in writing. G. Tests and Inspections. Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, or ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made promptly at an appropriate time to avoid unreasonable delay in the Work. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the City, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Contract Administrator timely notice of when and where tests and inspections are to be made so that the Contract Administrator may be present for such procedures. Required permits or certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and delivered to the Contract Administrator within ten (10) calendar days of issuance. H. Budgetary Limitations. Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor’s profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor’s profession and industry, Contractor will give written notice immediately to the City. I. City’s Reliance on the Work. The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that therefore, the City bears no responsibility for Contractor’s Work performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor’s performance. Contractor further agrees that no approval of designs, plans, or specifications by any person, body, or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor’s Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. J. Contractor’s Reliance on Submissions by the City. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the 14 Construction Services Agreement | Version 1.0 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 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 15 Construction Services Agreement | Version 1.0 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 in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City and the City’s elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an “Indemnified Party” and collectively “Indemnified Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including, but not limited to, attorney’s fees and costs of defense (“Liabilities”), which may arise from or be the result of alleged willful, negligent, or tortious act or omission arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge, or 16 Construction Services Agreement | Version 1.0 otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of the Contractor, its subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts, or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. P. Insurance. (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability: $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate comprehensive/extended/enhanced Commercial General Liability policy with coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, damage to premises/operations, products/completed operations, independent consultants and contractual liability (specifically covering the indemnity), broad-from property damage, and underground, explosion and collapse hazard. This coverage may be achieved by using an excess or umbrella policy. The policy or policies must be on “an occurrence” basis (“claims made” coverage is not acceptable). (b) Commercial Automobile Liability (owned, non-owned, hired): $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate for comprehensive Commercial Automobile liability coverage (owned, non-owned, hired) including bodily and personal injury, sickness, 17 Construction Services Agreement | Version 1.0 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: $5 million per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers’ Liability, and Professional Liability. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing so that the City may ensure the financial solvency of the Contractor; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and Umbrella 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 18 Construction Services Agreement | Version 1.0 additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. The Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self- insurance maintained by the Insured Parties shall be in excess of the Contractor’s insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (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 19 Construction Services Agreement | Version 1.0 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 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. 20 Construction Services Agreement | Version 1.0 (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. 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 21 Construction Services Agreement | Version 1.0 (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 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 22 Construction Services Agreement | Version 1.0 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 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. 23 Construction Services Agreement | Version 1.0 (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 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. 24 Construction Services Agreement | Version 1.0 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 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 25 Construction Services Agreement | Version 1.0 permit access to its books, records, accounts, and other sources of information and its facilities as may be determined by the County, 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 County, 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, County 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 County 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 County to enter into such litigation to protect the interest of the County 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. AA. 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 subsidiaries, 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. 26 Construction Services Agreement | Version 1.0 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. Except as may be otherwise specified or agreed, the Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within 2 year(s) (the “Warranty Period”) from the date of final completion at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the Warranty Period to identify any issues that must be resolved by the Contractor. Expiration of the Warranty Period shall not affect the Contractor’s continued liability under an implied warranty of merchantability and fitness. All warranties implied by law, including fitness for a particular purpose and suitability, are hereby preserved and shall apply in full force and effect beyond any Warranty Period. Section 10. Termination 27 Construction Services Agreement | Version 1.0 A. For Convenience. The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor at least seven (7) calendar days in advance of the termination date. B. For Cause. The Contractor shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City’s failure to pay the Contractor within thirty (30) calendar days of Contractor providing the City with notice of a delinquent payment and an opportunity to cure. The City may terminate this Agreement for cause as provided in Section 11 of this Agreement. The City shall give Contractor at least seven (7) calendar days’ written notice of its intent to terminate the Agreement for cause and the reasons therefor, and if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project. C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in Section 4(A) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of the City. D. 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. 28 Construction Services Agreement | Version 1.0 F. Conversion to Termination for Convenience. If the City terminates this Agreement for cause and it is later determined that the City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section 10(A) above. G. Requirements Upon Termination. Upon termination, the Contractor shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible if requested to do so by the City, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. H. Reservation of Rights and Remedies. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11. City’s Rights; Contractor Default A. City Rights Related to the Work. (i) City’s Right to Stop the Work. If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, as required by the Contract Administrator, or persistently fails to carry out Work in accordance with the Contract Documents, the City may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the City to stop the Work shall not give rise to a duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. Such a stoppage of Work shall not extend the Expected Date of Final Completion of the Work. (ii) City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) calendar day period after receipt of written notice from the City to commence and/or continue correction of such default or neglect with diligence and promptness, the City may, without prejudice to other remedies the City may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including City’s expenses and compensation for the Architect/Engineer’s and/or Contract Administrator’s additional services (if any) made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the City. 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) 29 Construction Services Agreement | Version 1.0 Contractor violates any of the material provisions, agreements, representations or covenants of this Agreement or any applicable city, state, or federal laws, which do not fall within the force majeure provisions of this Agreement; (c) the Contractor becomes insolvent or unable to pay its debts as they mature, or makes an assignment for the benefit of creditors, or files a bankruptcy petition under the United States Bankruptcy Code; or (d) Contractor is the subject of a judgment or order for payment of money, which judgment or order exceeds $100,000 and is no longer subject to appeal or, in the opinion of the City, would be fruitless to appeal and where (i) such judgment or order shall continue un-discharged or unpaid for a period of thirty (30) calendar days, (ii) an insurer acceptable to the City has not acknowledged that such judgment or order is fully covered by a relevant policy of insurance, or (iii) the City is otherwise reasonably satisfied that such judgment or order is not likely to be satisfied or complied with within sixty (60) calendar days of its issuance. In the event of Contractor’s default under this Agreement, the City shall send written notice to the Contractor setting forth the specific instances of the default and providing the Contractor with at least seven (7) calendar days to cure or otherwise remedy the default to the reasonable satisfaction of the City. If the default is not remedied during the stated cure period, then the City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge the Contractor for the costs of curing the default against any sums due or which become due to the Contractor under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to the City for such default. Section 12. Construction Administration If a Contract Administrator other than the City has been hired in relation to the Project, the Contract Administrator’s administration of the construction of the Project shall be as described in “Exhibit K”, attached hereto. The Contractor agrees to the construction administration provisions contained in “Exhibit K.” Section 13. Miscellaneous A. Complete Agreement. This Agreement, including all of the Contract Documents, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement, or promise relating to the subject matter of this Agreement not contained in this Agreement or the Contract Documents shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. B. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If 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 30 Construction Services Agreement | Version 1.0 Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern District of Georgia – Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions; Severability. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. E. Business License. Prior to commencement of the Work to be provided hereunder, Contractor shall apply to the City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Contractor provides evidence that no such license is required. F. Notices. (1) Communications Relating to Day-to-Day Activities. All communications relating to the day-to-day activities of the Work shall be 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, GA 30004 31 Construction Services Agreement | Version 1.0 NOTICE TO CONTRACTOR shall be sent to: CMES Inc. Attn: Pravin Patel 6555 McDonough Dr Norcross, Georgia 30093 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 32 Construction Services Agreement | Version 1.0 respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion, or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection, or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. L. Headings. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit, or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. M. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. N. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, each Party binds itself, its partners, successors, assigns, and legal representatives to the other Party hereto, its partners, successors, assigns, and legal representatives with respect to all covenants, agreements, and obligations contained in the Contract Documents. O. Agreement Construction and Interpretation. Contractor represents that it has reviewed and become familiar with this Agreement and has notified the City of any discrepancies, conflicts or errors in the Contract Documents. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents may omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. P. Material Condition. Each term of this Agreement is material, and Contractor’s breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to the City at law or in equity. Q. Use of Singular and Plural. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement 33 Construction Services Agreement | Version 1.0 effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] CITY OF MILTON, GEORGIA By: — ,Toe Lockwood, Mayor [CITY SEAL] Attest: Print Name: Its: City Clerk Approved as to form: City Attorney CONTRACT : CMES, Inc. By: Print Name:t�t�C•tGj;i+.!!+►rr. Its: [CIRCLE ONE] Go�tPORq j residers ice President (Corporation) SEAL Attest/Witness: 'rr►r��tii�. Print Name: / Its: C', 6— Construction Services Agreement I Version 1.0 “EXHIBIT A” ITB 20-PW15 1 | P a g e CITY OF MILTON INVITATION TO BID (THIS IS NOT AN ORDER) Bid Number: 20-PW15 Project Name: Intersection Improvement Projects Due Date and Time: August 18, 2020 Local Time: 2:00 p.m. Number of Pages: 120 ISSUING DEPARTMENT INFORMATION Issue Date: July 16, 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-PW15 Name of Company or Firm Special Instructions: Deadline for Written Questions August 5, 2020 at 5:00 p.m. Submit 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 ITB 20-PW15 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 (15 pages) 33 General Conditions 48 EPD Air Quality Rules 54 Sample Contract Agreement 55 ITB 20-PW15 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 ITB 20-PW15 4 | P a g e Invitation to Bid 20-PW15 The City of Milton is accepting sealed bids from qualified firms for the Intersection Improvement Projects 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 (current edition), and Pay Items Index as standards and specifications for the construction and completion of the work required. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. Sealed bids will be received no later than 2:00 PM Local Time on August 18, 2020. Electronic bids shall be submitted online via BidNet Direct, the City’s procurement portal, at www.cityofmiltonga.us . At approximately 2:30 P.M. Local Time on the day bids are received the bids will be publicly opened and the bidder’s name and total bid amount will be read aloud at: City of Milton City Hall, 2006 Heritage Walk, Milton, GA 30004. **Pending updates relating to COVID-19 the City may conduct the bid opening via a virtual meeting. Responding bidders will be emailed a meeting link should the need to hold this type meeting arise. Any other interested members of the public may attend. 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 August 5, 2020 at 5:00 p.m. Official answers to questions and potential change (Addendums) to the ITB (Addendums) will be posted at the same web locations as the ITB on or about August 10, 2020. Any other form of interpretation, correction, or change to this ITB will not be binding upon the City. It is the bidder’s responsibility to check the websites for potential updates. Please refer to Bid (20-PW15) and bid name (Intersection Improvement Projects) 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 City of Milton may award each project separately or together whichever is 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 ITB 20-PW15 5 | P a g e to be determined prior to the issuance of the “Notice to Proceed.” If weather (beyond normal) 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. ITB 20-PW15 6 | P a g e SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE EVENT DATE ITB Issue Date July 16, 2020 Deadline for Receipt of Written Questions 5 PM on August 5, 2020 Posting of Written Answers by City to Websites on or about August 10, 2020 ITB DUE No Later than 2:00 P.M. on August 18, 2020 Tentative Contract Award (on/about) September 9, 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. ITB 20-PW15 7 | 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 (15 pages) 33-47 INFORMATION AND INSTRUCTIONS The purpose of this solicitation is to enter into a unit price “purchasing contract” with one firm to be the primary supplier of the Intersection Improvement Projects, ITB 20-PW15. 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 ITB 20-PW15 8 | 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 ITB on the lowest, responsible and responsive bidder. Bids may be found nonresponsive at any tim e during the evaluation or contract process, if any of the required information is not provided; the submitted price is found to be inadequate; or the proposal is not within the specifications described and required in the ITB. If a bid is found to be non- responsive or non-qualified, it will not be considered further. 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 ten (10) days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7.K). (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, ITB 20-PW15 9 | P a g e representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance 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. ITB 20-PW15 10 | P a g e (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor’s insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any ITB 20-PW15 11 | P a g e time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims-Made Policies: Contractor shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers’ Compensation policy. BONDING REQUIREMENTS Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project strictly within the terms and conditions stated in this bid and in the bidding and contract documents, should the construction contract be awarded. The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE BONDS for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the 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. ITB 20-PW15 12 | 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 ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton. ITB 20-PW15 13 | 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-PW15 Intersection Improvement Projects 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 ITB 20-PW15 14 | 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: _____________________________________________ ITB 20-PW15 15 | 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: Note: (1) Above addresses are to be used for giving any notice required by ITB 20-PW15 16 | P a g e 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. 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 ITB 20-PW15 17 | P a g e receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term “Bid” as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. ITB 20-PW15 18 | 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) ITB 20-PW15 19 | 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:___________________________________________________ ITB 20-PW15 20 | 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 Intersection Improvement Projects Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent _______________________________ SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ ITB 20-PW15 21 | P a g e DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder __________________________________________________ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) ________________________________________________________________ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description ________________ ___________________________________________ ________________ ___________________________________________ Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: ________________ ___________________________________________ ___________________ ____________________________________________________ ITB 20-PW15 22 | P a g e PROJECT SPECIFICATIONS 1. To bid on this contract, the Contractor must be listed on the current Georgia Department of Transportation Pre-Qualified Contractors list. No exceptions. Additionally, the Contractor must have completed one roundabout within the past three (3) years. Bidders shall submit with the bid a qualification sheet listing project(s) that meet the experience requirement along with references. List should include project date, location, description, and contact information. 2. The Contractor shall comply with the plans and specifications for the Hopewell Road @ Hamby Road and Hopewell Road @ Thompson Road Roundabout Projects as prepared by Barge Design Solutions (Design Engineer), dated 7/13/2020. The plans may be downloaded at: Final Construction Plans Hopewell Road @ Hamby Road Roundabout Project https://files.secureserver.net/0snsedlR1CrOtj Final Construction Plans Hopewell Road @ Thompson Road Roundabout Project https://files.secureserver.net/0sm5IiZZe4S1eA In addition to other standard specifications referenced herein, the bid package includes: a. Construction Drawings; b. Special Provision 163 – Miscellaneous Erosion Control Items; c. Special Provision 165 - Maintenance of Temporary Erosion and Sedimentation Control Devices; d. Special Provision 171 – Silt Fence; e. Special Provision 700 – Grassing. 3. Where contract documents reference "The Department" or "GA Department of Transportation" or “The Engineer”, it shall also mean "City of Milton." 4. All traffic control measures, and detour signage are the responsibility of the Contractor. Contractor shall coordinate all work with the City of Milton. 5. Replace, in kind, any vegetation or landscaping damaged during construction. Include cost in the price bid. ITB 20-PW15 23 | P a g e 6. 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 herein. PROJECT SPECIAL PROVISIONS The right of way and easements for some parcels have not all been acquired at the time this bid is released. The City anticipates Hopewell Road @ Hamby Road parcel 1 and Hopewell Road @ Thompson Road parcels 2 and 7 right of way and easement areas to be acquired by Notice to Proceed. All project signage and striping to be pre-marked and approved by Milton Public Works prior to installation. Lighting for the project will be determined based on bid results. The lighting options include a fixture detail provided by Sawnee EMC and a fixture detail by Georgia Power. The plans developed by the power providers and fixture details can be downloaded at: Lighting Options for Hopewell Road @ Hamby Road and Hopewell Road @ Thompson Road https://files.secureserver.net/0snEWjRwr9Jnwq Hopewell at Thompson Parcels 1, 3 and 4 (Bell Memorial Park/City of Milton property) will require a replacement asphalt trail where existing path is removed due to project construction. New trail to be installed at approximate location shown below and location will be best fit in the field to minimize impact to existing trees in area. Actual asphalt quantities will be billed for work performed for the trail relocation. Grading and removal of existing to be included in grading complete. ITB 20-PW15 24 | P a g e Hopewell at Hamby Parcel 1: Contractor will remove and replace the existing mailbox in like kind. Contractor will remove and replace the existing gate and two brick columns, lighting and existing supporting power supply to the lights (see pictures below). The replacement of brick columns, gate, lighting and power supply will be replaced in like kind. The City’s representative will consult the owner for the placement of the exact location of these items. These items will be moved approximately ten (10) feet west of their existing location. ITB 20-PW15 25 | P a g e Hopewell at Hamby Parcel 4: Curb and gutter is to be extended along the Hopewell Road frontage to existing flume to the north at approximate station 409+25 RT. Catch basin and pipe connecting to structure to be added and details provided during construction. ITB 20-PW15 26 | P a g e ITB 20-PW15 27 | P a g e PROSECUTION AND PROGRESS Construction shall begin no later than TEN (10) calendar days past the issuance of Notice to Proceed. The combined time of completion for the projects will be 380 days from the date of the Notice to Proceed. If weather (beyond normal) affects the required completion schedule, The City and selected contractor will negotiate a new completion date. Normal workday for this project shall be 7:30 am to 7:30 pm and the normal workweek shall be Monday through Friday. The City will consider extended workdays or workweeks upon written request by the Contractor on a case by case basis. No work will be allowed on Sunday or national holidays (i.e. Memorial Day, July 4th, Labor Day, etc.). Lane closures will only be permitted between the hours of 9:00am and 4:00pm, Monday-Friday, unless otherwise approved by the City. 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. 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. MATERIALS Contractor will be responsible for replacing any work performed with material from rejected sample lot at no cost to the City. DEVIATION OF QUANTITIES The quantities given are estimates only and will vary from those indicated. Payment will be made based on actual quantities of work completed and accepted. The City reserves the right to add or delete quantities at any time. Contractor will notify the City in writing if additional items are identified or quantities of contract items will exceed plan. At no time will Contractor proceed with work outside the prescribed scope of services for which additional payment will be requested without the written authorization of the City. EROSION CONTROL It is the responsibility of the Contractor to follow all Federal, State and Local erosion and sediment control laws and specifications. This includes meeting all NPDES guidelines. The Contractor shall serve as the Primary Permittee for this ITB 20-PW15 28 | P a g e project and is responsible for filing the NOI and all necessary fees associated with it. Erosion/Sediment Control measures shall be installed and maintained by the contractor throughout the duration of the project. The Contractor is responsible for the removal and disposal, off project site, of all installed temporary erosion/sediment control measures when affected areas have been restored to a level where vegetative coverings will minimize erosion. The cost for this will be considered incidental to the project and included in the overall bid. UTILITIES There are utilities in the project area. Contractor shall be responsible for locating and coordinating any utility relocation necessary for completion of the work. Utility plan sheets provided are based on early coordination and are subject to change. Call “811 Know what’s below Call before you dig.” Locate, maintain and protect existing utilities at all times during construction. TEMPORARY TRAFFIC CONTROL The Contractor shall, at all times, conduct his work in accordance with the traffic control plan and so 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 are 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 include entrances and exits VIA driveways at various properties, and access to the intersecting roads and streets. The Contractor shall maintain sufficient personnel and equipment (including flaggers and traffic control signing) on the project at all times, particularly during inclement weather, to insure that ingress and egress are safely provided when and where needed. The Contractor shall furnish, install and maintain all necessary and required barricades, signs, temporary striping and other traffic control devices in accordance with the MUTCD and DOT specifications, and take all necessary precautions for the protection of the workers and safety of the public. This shall include variable message boards to be placed near the intersection location, prior to beginning construction activities, to notify the traveling public of the upcoming lane closure(s). These variable message boards shall remain in place from to the beginning construction until substantial completion of the project. There shall be seven (7) variable message boards, (one in each direction). ITB 20-PW15 29 | P a g e 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 be included in the contract price. 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, mail boxes and supports, water meters, 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 screened topsoil shall be placed in all disturbed areas before grassing. Contractor is responsible for ensuring that all permanent grassing shall match the existing grassing When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or in consequence of the non-execution thereof by the Contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding or otherwise restoring as may be directed, or she/he shall make good such damage or injury in an acceptable manner. The Contractor shall correct all disturbed areas before retainage will be released. CLEANUP All restoration and clean-up work shall be performed daily. Operations shall be suspended if the contractor fails to accomplish restoration and clean-up within an acceptable period of time. Asphalt and other debris shall be removed from gutters, sidewalks, yards, driveways, etc. Failure to perform clean-up activities may result in suspension of the work. Milling operation shall be followed immediately by clean-up at which the Contractor is to provide power brooms, vacuum sweepers, power blowers, or other means to remove loose debris or dust. Do not allow dust control to restrict visibility of passing traffic or to disrupt adjacent property owners. All pavement areas shall be clean and dry prior to placing tack coat, asphaltic concrete or other materials. SAFETY Beginning with mobilization and ending with acceptance of work, the Contractor ITB 20-PW15 30 | P a g e shall be responsible for providing a clean and safe work environment at the project site. The Contractor shall comply with all OSHA regulations as they pertain to this project. 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. PAVEMENT MILLING The milling equipment shall be a power driven, self-propelled machine which is specifically designed to mill and remove a specified depth of existing asphalt paving. The equipment shall be of size, shape and dimensions so as not to restrict the safe passage of traffic in areas adjacent to the work. Conveyors capable of side, rear or front loading shall be provided together with the necessary equipment to transfer the milled material from the roadway to a truck. Dust control shall be such as not to restrict visibility of passing traffic or annoy adjacent property owners. The Contractor shall also mill across the whole roadway at the beginning and ending limits of the project to provide an adequate tie-in with existing pavements. Topping shall be tapered/feathered so as to tie into existing driveways with the best possible ride and aesthetic result. Tie-ins shall be marked on the ground and approved by the City prior to paving. Areas where no curb exists are not to be milled except as may be directed on the plans or to provide adequate tie-in with existing pavement. The milling operation shall provide a pavement surface that is true to line, grade and cross-section and of uniform texture. Areas where curb and gutter exist shall be edge milled to a distance of 6 feet from the edge of the gutter to provide a level transition from the final paved ITB 20-PW15 31 | P a g e surface to the top of the gutter pan. Depth of the edge milling at the gutter shall be equal to the depth of the final asphalt topping coarse. A ten-foot straightedge shall be maintained in the vicinity of the milling operation at all times for the purpose of measuring surface irregularities of the milled pavement surface. The Contractor shall provide the straightedge and labor for its use. All irregularities in excess of 1/8" in 10' shall be re-milled at no additional cost. The finished cross slope shall be uniform to a degree that no depressions or misalignment of slope greater than 1/4" in 12' are present when tested with a straightedge placed perpendicular to the centerline. The finished pavement surface will be subject to visual and straightedge inspection. The Contractor shall be responsible to repair any damage to existing curbs, aprons, and driveways caused by the Contractor’s operations at no additional cost to the City. All material generated as a result of the milling operation shall become the property of the Contractor. The milled material shall be stockpiled, recycled and utilized by the bidder as a means to offset the unit cost of patching. After milling is completed all loose and flaking masses of asphalt shall be removed. The Contractor and City shall measure all work and determine the total pavement area in square yards, to establish the basis of payment for the milling work. BITUMINOUS TACK COAT This work shall consist of the placement of bituminous tack on all areas. The cost of bituminous tack shall be included in the cost of the project. Bituminous tack is not measured as a separate pay item. AC-20 or AC-30 shall be used. All surfaces shall be cleaned completely and thoroughly before any tack is applied. Tack shall not be applied when the pavement is wet. Bituminous tack coat shall be applied between .03 to .06 gallons per square yard. CONCRETE SIDEWALKS AND ADA RAMPS This work shall consist of the installation of new 5’ sidewalk and ADA compliant ramps. The Contractor will install the new sidewalk in accordance with GDOT Standard Specifications Sections, Article 441. Ramps will be constructed in accordance to GDOT detail A3 that replaces GA Standard 9031W and must meet Federal ADA standards with regard to slope and grade and shall be constructed using 3000 psi concrete (class A). The Contractor shall inspect the locations specified in the bid to determine the extent of work necessary to construct or upgrade each ramp. The Contractor is to select the ramp type to be used based ITB 20-PW15 32 | P a g e on the site conditions and configuration of existing sidewalk present unless specifically indicated. In some circumstances the Contractor can install detectable warning panels if existing ramps are constructed to at the proper grade and slope. Expansion joints shall be placed at an interval of 40 feet on center throughout the sidewalk length and at all interfaces with existing sidewalk or structures. The surface of the sidewalk and subgrade shall not exceed a cross slope of 2%. This slope shall be directed to the street unless otherwise directed by the City. The forms shall be made of steel or wood to insure the accurate maintenance of lines and grades. Flexible strips may be used where necessary on curves. After forms are completely set in place the Contractor shall have the forms inspected by the City prior to pouring concrete. All new concrete sidewalks shall be a minimum of 4 inches thick and shall meet the GDOT specifications for Portland Cement Concrete. The subgrade shall be thoroughly moistened, and the concrete shall be deposited to the proper depth. The concrete along the edges of the forms shall be well spaded against the forms and the concrete shall be struck off until all voids are removed, and the surface has the required grade and cross section. The surface shall be struck off with a straight edge, floated and troweled just enough to produce a smooth dense surface, free from irregularities. Brushing crosswise with a fine hare brush or broom is required to produce a non-slip surface. All joints and edges shall be rounded to a radius of one-quarter (1/4) inch with an approved finishing tool. The City reserves the right to reject any sidewalk segments not finished in accordance with these standards or finished in a professional and workmanlike manner. All sidewalk sections that are rejected by the city shall be removed and replaced by the Contractor at no additional charge. The Contractor is responsible for protecting the sidewalk from the elements, travel and vandalism. After the concrete has set sufficiently, but not more than three (3) days, the forms shall be removed, and the spaces shall be backfilled with topsoil. The area between the sidewalk and the curb shall be graded to slope toward the curb and allow drainage to flow toward the curb after sod installation. The removal and disposal of existing curb and other concrete to construct or upgrade each ramp and construct sidewalk along with any clearing, grubbing, tree and shrub trimming or removal that impacts construction shall be considered incidental. ITB 20-PW15 33 | P a g e [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID SCHEDULE HOPEWELL ROAD @ HAMBY ROAD ROUNDABOUT (7 SHEETS) Pay Item # Description Unit Quantity Unit Price TOTAL ROADWAY ITEMS 150-1000 TRAFFIC CONTROL - USER UNIT PRICE LS 1 210-0100 GRADING COMPLETE LS 1 310-1101 GR AGGR BASE CRS, INCL MATL TN 3042 402-1812 RECYCLED ASPH CONC LEVELING, INCL BITUM MATL & H LIME TN 215 402-3130 RECYCLED ASPH CONC 12.5 MM SUPERPAVE, GP 2 ONLY, INCL BITUM MATL & H LIME TN 275 402-3190 RECYCLED ASPH CONC 19 MM SUPERPAVE, GP 1 OR 2,INCL BITUM MATL & H LIME TN 465 402-3121 RECYCLED ASPH CONC 25 MM SUPERPAVE, GP 1 OR 2, INCL BITUM MATL & H LIME TN 720 413-0750 TACK COAT GL 325 430-0200 PLAIN PC CONC PVMT, CL 1 CONC, 10 INCH THK SY 420 441-0016 DRIVEWAY CONCRETE, 6 IN TK SY 21 441-0756 CONCRETE MEDIAN, 8 IN SY 342 441-4020 CONC VALLEY GUTTER, 6 IN SY 15 441-5008 CONCRETE HEADER CURB, 6 IN, TP 7 LF 856 441-5025 CONCRETE HEADER CURB, 4 IN, TP 9 LF 436 ITB 20-PW15 34 | P a g e 441-6222 CONC CURB & GUTTER, 8 IN X 30 IN, TP 2 LF 1134 446-1100 PVMT REINF FABRIC STRIPS, TP 2, 18 IN WIDTH LF 630 611-4996 Reset Gate EA 1 641-1100 GUARDRAIL, TP T LF 425 641-5001 GUARDRAIL RAIL ANCHORAGE, TP 1 EA 2 641-5012 GUARDRAIL ANCHORAGE, TP 12 EA 2 643-8200 BARRIER FENCE (ORANGE), 4 FT LF 355 643-8405 FENCE, SPECIAL DESIGN LF 646 DRAINAGE ITEMS 441-0303 CONC SPILLWAY, TP 3 EA 2 441-0304 CONC SPILLWAY, TP 4 EA 2 500-3800 CLASS A CONCRETE, INCL REINF STEEL CY 3 550-1180 STORM DRAIN PIPE, 18 IN, H 1-10 LF 405 550-1240 STORM DRAIN PIPE, 24 IN,H 1-10 LF 80 550-1300 STORM DRAIN PIPE, 30 IN, H 1-10 LF 40 550-3318 SAFETY END SECTION 18 IN, STORM DRAIN, 4:1 EA 1 603-2181 STN DUMPED RIP RAP, TP 3, 18 IN SY 849 603-7000 PLASTIC FILTER FABRIC SY 849 668-1100 CATCH BASIN, GP 1 EA 4 668-3311 San Sewer Manhole,TP 1, Addl Depth, CL 1 LF 2 668-4300 STORM SEWER MANHOLE, TP 1 EA 1 ITB 20-PW15 35 | P a g e WATER MAIN INSTALLATION 171-0030 TEMPORARY SILT FENCE, TYPE C LF 2000 500-3101 CLASS A CONCRETE CY 3 600-0001 FLOWABLE FILL CY 20 611-8120 ADJUST WATER METER BOX TO GRADE EA 2 611-8140 ADJUST WATER VALVE BOX TO GRADE EA 2 670-1060 WATER MAIN, 6 IN, DIP LF 60 670-1080 WATER MAIN, 8 IN, DIP LF 1950 670-1500 CAP OR REMOVE EXISTING WATER MAIN EA 4 670-2500 INSERTION VALVE (8-12 IN) EA 1 670-2060 GATE VALVE, 6 IN EA 4 670-2080 GATE VALVE, 8 IN EA 6 670-2100 GATE VALVE, 10 IN EA 1 670-2002 VALVE MARKER EA 50 669-3087 TAPPING SLEEVE & VALVE ASSEMBLY EA 3 670-3108 TAPPING SLEEVE & VALVE ASSEMBLY EA 1 670-4000 FIRE HYDRANT EA 4 669-5620 WATER SERVICE LINE, 3/4 IN LF 100 670-5010 WATER SERVICE LINE, 1 IN LF 60 670-5020 WATER SERVICE LINE, 2 IN LF 50 615-1000 STEEL CASING JACK & BORE LF 40 616-1001 STEEL CASING LF 40 670-9710 RELOCATE EXISTING FIRE HYDRANT EA 1 ITB 20-PW15 36 | P a g e 670-9720 RELOCATE EXISTING WATER VALVE, INC BOX EA 2 670-9730 RELOCATE EXISTING WATER METER, INC BOX EA 2 670-9920 REMOVE EXISTING FIRE HYDRANT EA 1 668-8050 ADJUST MANHOLE TO GRADE EA 1 SIGNING AND MARKING 636-1033 HIGHWAY SIGNS, TP 1 MATL, REFL SHEETING, TP 9 SF 40 636-1036 HIGHWAY SIGNS, TP 1 MATL, REFL SHEETING, TP 11 SF 113 636-2070 GALV STEEL POSTS, TP 7 LF 323 653-0110 THERMOPLASTIC PVMT MARKING, ARROW, TP 1 EA 2 653-0120 THERMOPLASTIC PVMT MARKING, WORD, TP 2 EA 1 653-0296 THERMOPLASTIC PVMT MARKING, WORD, TP 15 EA 4 653-1502 THERMOPLASTIC SOLID TRAF STRIPE, 5 IN, YELLOW LF 1934 653-1501 THERMOPLASTIC SOLID TRAF STRIPE, 5 IN, WHITE LF 2313 653-3501 THERMOPLASTIC SKIP TRAF STRIPE, 5 IN, WHITE GLF 130 653-3502 THERMOPLASTIC SKIP TRAF STRIPE, 5 IN, YELLOW GLF 73 653-6004 THERMOPLASTIC TRAF STRIPING, White SY 4 653-6006 THERMOPLASTIC TRAF STRIPING, YELLOW SY 65 653-4830 THERMOPLASTIC SKIP TRAF STRIPE, 18 IN, WHITE GLF 98 654-1001 RAISED PVMT MARKERS TP 1 EA 36 ITB 20-PW15 37 | P a g e EROSION CONTROL - TEMPORARY 163-0232 TEMPORARY GRASSING AC 1 163-0240 MULCH TN 1 163-0300 CONSTRUCTION EXIT EA 2 163-0503 CONSTRUCT AND REMOVE SILT CONTROL GATE, TP 3 EA 1 163-0550 CONSTRUCT AND REMOVE INLET SEDIMENT TRAP EA 8 165-0087 MAINTENANCE OF SILT CONTROL GATE EA 1 165-0105 MAINTENANCE OF INLET SEDIMENT TRAPS EA 8 165-0101 MAINTENANCE OF CONSTRUCTION EXIT EA 2 165-0010 MAINTENANCE OF TEMPORARY SILT FENCE, TP A LF 453 171-0010 TEMPORARY SILT FENCE, TYPE A LF 853 167-1000 WATER QUALITY MONITORING AND SAMPLING EA 24 167-1500 WATER QUALITY INSPECTIONS MO 12 171-0010 TEMP SILT FENCE, TP A LF 905 171-0030 TEMP SILT FENCE, TP C LF 1705 PERMANENT GRASSING Pay Item # Description Unit Quantity Unit Price TOTAL 700-7000 AGRICULTURAL LIME TN 2 700-8000 FERTILIZER MIXED GRADE TN 1 700-8100 FERTILIZER NITROGEN CONTENT LB 25 700-9300 SOD SY 2305 ITB 20-PW15 38 | P a g e 716-2000 EROSION CONTROL MATS, SLOPES SY 842 LANDSCAPING ITEMS 702-0006 Abelia X Grandiflora Rose Creek EA 79 702-0051 Amelanchier X Grandiflora Autumn Brilliance EA 23 702-0140 Cercis Canadensis Rising Sun EA 3 702-0248 Distylium Hybris Blue Cascade EA 46 702-0330 Hererocallis X Purple D’oro EA 183 702-0330 Hemerocallis X Stella D’oro EA 183 702-0500 Juniperus Confera Blue Pacific EA 305 702-0542 Lagerstroemia Indica X Fauriei Natchez EA 6 702-0550 Ligustrum Sinense Sunshine EA 32 702-0559 Lirope Muscari Big Blue EA 1330 702-0610 Loropetalum Chinese Rubrum Purple Daydream EA 92 702-9025 Landscape Mulch SY 450 708-1000 Plant Topsoil CY 150 900-0000 Ornamental Landscape Boulders EA 16 LIGHTING OPTION 1 – POLES AND BASES TO BE INSTALLED BY GA POWER OR SAWNEE 682-6220 CONDUIT, NONMETAL, TP 2, 1 1/4 IN LF 1500 682-9020 ELECTRICAL JUNCTION BOX EA 11 682-9950 DIRECTIONAL BORE LF 1500 ITB 20-PW15 39 | P a g e LIGHTING OPTION 2 – SHEPHARD CROOK POLES PER GA POWER LAYOUT 682-6220 CONDUIT, NONMETAL, TP 2, 1 1/4 IN LF 1500 682-9020 ELECTRICAL JUNCTION BOX EA 11 681-1305 LIGHTING STD, 20 FT MH, 2 FT ARM EA 11 681-6314 LUMINAIRE, TP 3, 100W, HP SODIUM or LED EA 11 682-1505 CABLE, TP RHH/RHW, AWG NO 8 LF 1500 682-8525 ELECTRICAL POWER SERVICE ASSEMBLY (UNDERGROUND SERVICE POINT) EA 1 682-9950 DIRECTIONAL BORE LF 1500 LIGHTING OPTION 3 – POST TOP POLES PER SAWNEE LAYOUT 682-6220 CONDUIT, NONMETAL, TP 2, 1 1/4 IN LF 1500 682-9020 ELECTRICAL JUNCTION BOX EA 11 681-1120 LIGHTING STD, 12 FT MH, POST TOP EA 11 681-6320 LUMINAIRE, TP 3, 150W, HP SODIUM or LED EA 11 682-1505 CABLE, TP RHH/RHW, AWG NO 8 LF 1500 682-8525 ELECTRICAL POWER SERVICE ASSEMBLY (UNDERGROUND SERVICE POINT) EA 1 682-9950 DIRECTIONAL BORE LF 1500 SUB-TOTAL BID ESTIMATE LIGHTING OPTION 1 LIGHTING OPTION 2 LIGHTING OPTION 3 Miscellaneous Construction $100,000 Hopewell/Hamby: TOTAL PROJECT ITB 20-PW15 40 | P a g e BID SCHEDULE HOPEWELL ROAD @ THOMPSON ROAD ROUNDABOUT (7 SHEETS) Pay Item # Description Unit Quantity Unit Price TOTAL ROADWAY ITEMS 150-1000 TRAFFIC CONTROL - USER UNIT PRICE LS 1 210-0100 GRADING COMPLETE LS 1 310-1101 GR AGGR BASE CRS, INCL MATL TN 5507 318-3000 AGGR SURF CRS, INCL MATL TN 26 402-1812 RECYCLED ASPH CONC LEVELING, INCL BITUM MATL & H LIME TN 170 402-3130 RECYCLED ASPH CONC 12.5 MM SUPERPAVE, GP 2 ONLY, INCL BITUM MATL & H LIME TN 529 402-3190 RECYCLED ASPH CONC 19 MM SUPERPAVE, GP 1 OR 2,INCL BITUM MATL & H LIME TN 739 402-3121 RECYCLED ASPH CONC 25 MM SUPERPAVE, GP 1 OR 2, INCL BITUM MATL & H LIME TN 1150 413-0750 TACK COAT GL 641 430-0200 PLAIN PC CONC PVMT, CL 1 CONC, 10 INCH THK SY 785 441-0016 DRIVEWAY CONCRETE, 6 IN TK SY 375 441-0104 CONC SIDEWALK, 4 IN SY 48 441-0756 CONCRETE MEDIAN, 8 IN SY 361 441-4020 CONC VALLEY GUTTER, 6 IN SY 43 441-5008 CONCRETE HEADER CURB, 6 IN, TP 7 LF 873 441-5025 CONCRETE HEADER CURB, 4 IN, TP 9 LF 961 441-6222 CONC CURB & GUTTER, 8 IN X 30 IN, TP 2 LF 1356 ITB 20-PW15 41 | P a g e 446-1100 PVMT REINF FABRIC STRIPS, TP 2, 18 IN WIDTH LF 909 641-1100 GUARDRAIL, TP T LF 100 641-5001 GUARDRAIL RAIL ANCHORAGE, TP 1 EA 1 641-5012 GUARDRAIL ANCHORAGE, TP 12 EA 1 634-1200 RIGHT OF WAY MARKERS EA 17 643-8200 BARRIER FENCE (ORANGE), 4 FT LF 93 643-8405 FENCE, SPECIAL DESIGN LF 734 DRAINAGE ITEMS 550-1180 STORM DRAIN PIPE, 18 IN, H 1-10 LF 912 550-1240 STORM DRAIN PIPE, 24 IN, H 1-10 LF 120 550-2180 SIDE DRAIN PIPE, 18 IN, H 1- 10 LF 128 550-3324 SAFETY END SECTION 24 IN, STORM DRAIN, 4:1 EA 1 550-3318 SAFETY END SECTION 18 IN, STORM DRAIN, 4:1 EA 1 550-4118 FLARED END SECTION 18 IN, SIDE DRAIN EA 7 603-2181 STN DUMPED RIP RAP, TP 3, 18 IN SY 16 603-7000 PLASTIC FILTER FABRIC SY 16 668-1100 CATCH BASIN, GP 1 EA 7 668-1110 CATCH BASIN, GP 1, ADDL DEPTH LF 2 668-2100 DROP INLET, GP 1 EA 3 668-4300 STORM SEWER MANHOLE, TP 1 EA 1 668-4311 STORM SEWER MANHOLE, TP 1, ADDL DEPTH LF 2 WATER MAIN INSTALLATION ITB 20-PW15 42 | P a g e 171-0030 TEMPORARY SILT FENCE, TYPE C LF 1000 500-3101 CLASS A CONCRETE CY 10 600-0001 FLOWABLE FILL CY 40 611-8120 ADJUST WATER METER BOX TO GRADE EA 6 611-8140 ADJUST WATER VALVE BOX TO GRADE EA 6 670-1060 WATER MAIN, 6 IN, DIP LF 100 670-1080 WATER MAIN, 8 IN, DIP LF 100 670-1500 CAP OR REMOVE EXISTING WATER MAIN EA 3 670-2500 INSERTION VALVE (8-12 IN) EA 4 670-2060 GATE VALVE, 6 IN EA 2 670-2100 GATE VALVE, 12 IN EA 2 670-2002 VALVE MARKER EA 4 669-3087 TAPPING SLEEVE & VALVE ASSEMBLY EA 4 670-4000 FIRE HYDRANT EA 3 669-5620 WATER SERVICE LINE, 3/4 IN LF 175 670-5010 WATER SERVICE LINE, 1 IN LF 100 670-5020 WATER SERVICE LINE, 2 IN LF 100 615-1000 STEEL CASING JACK & BORE LF 100 616-1001 STEEL CASING LF 80 670-9920 REMOVE EXISTING FIRE HYDRANT EA 3 SIGNING AND MARKING 636-1033 HIGHWAY SIGNS, TP 1 MATL, REFL SHEETING, TP 9 SF 40 ITB 20-PW15 43 | P a g e 636-1036 HIGHWAY SIGNS, TP 1 MATL, REFL SHEETING, TP 11 SF 132 636-1045 HIGHWAY SIGNS, TP 2 MAT’L, REFL SHEETING, TP 11 SF 11 636-2070 GALV STEEL POSTS, TP 7 LF 312 653-0110 THERMOPLASTIC PVMT MARKING, ARROW, TP 1 EA 1 653-0120 THERMOPLASTIC PVMT MARKING, ARROW TP 2 EA 3 653-0132 THERMOPLASTIC PVMT MARKING ARROW, TP 3A EA 3 653-0296 THERMOPLASTIC PVMT MARKING WORD, TP 15 EA 6 653-1502 THERMOPLASTIC SOLID TRAF STRIPE, 5 IN, YELLOW LF 2988 653-1501 THERMOPLASTIC SOLID TRAF STRIPE, 5 IN, WHITE LF 3462 653-1804 THERMOPLASTIC SOLID TRAF STRIPE, 8 IN, WHITE LF 180 653-3501 THERMOPLASTIC SKIP TRAF STRIPE, 5 IN, WHITE GLF 294 653-6006 THERMOPLASTIC TRAF STRIPING, YELLOW SY 49 653-4830 THERMOPLASTIC SKIP TRAF STRIPE, 18 IN, WHITE GLF 200 654-1001 RAISED PVMT MARKERS TP 1 EA 77 EROSION CONTROL - TEMPORARY 163-0232 TEMPORARY GRASSING AC 1 163-0240 MULCH TN 37 163-0300 CONSTRUCTION EXIT EA 2 163-0503 CONSTRUCT AND REMOVE SILT CONTROL GATE, TP 3 EA 2 163-0528 CONSTRUCT AND REMOVE FABRIC CHECK DAM – TYPE C SILT FENCE LF 240 163-0550 CONSTRUCT AND REMOVE INLET SEDIMENT TRAP EA 12 ITB 20-PW15 44 | P a g e 165-0041 MAINTENANCE OF CHECK DAMS – ALL TYPES LF 240 165-0087 MAINTENANCE OF SILT CONTROL GATE EA 2 165-0105 MAINTENANCE OF INLET SEDIMENT TRAPS EA 10 165-0101 MAINTENANCE OF CONSTRUCTION EXIT EA 2 165-0010 MAINTENANCE OF TEMPORARY SILT FENCE, TP A LF 1365 165-0030 MAINTENANCE OF TEMPORARY SILT FENCE, TP C LF 347 167-1000 WATER QUALITY MONITORING AND SAMPLING EA 24 167-1500 WATER QUALITY INSPECTIONS MO 12 171-0010 TEMP SILT FENCE, TP A LF 1365 171-0030 TEMP SILT FENCE, TP C LF 347 PERMANENT GRASSING Pay Item # Description Unit Unit Price TOTAL 700-7000 AGRICULTURAL LIME TN 5 700-8000 FERTILIZER MIXED GRADE TN 2 700-8100 FERTILIZER NITROGEN CONTENT LB 79 700-9300 SOD SY 7600 LANDSCAPING ITEMS 702-0096 BUDDLEIA X ‘LO & BEHOLD’ EA 43 702-0107 CALAMGROSTIC X ACUTIFLORA ‘KARL FOERSTER’ EA 112 702-0140 CERCIS CANADENSIS ‘RISING SUN’ EA 29 ITB 20-PW15 45 | P a g e 702-0372 ILEX X ‘ NELLIE R STEVENS’ EA 9 702-0414 ILEX GLABRA ‘DENSA’ EA 29 702-0507 JUNIPERUS HORIZONTALIS WILTONII EA 355 702-0521 KNIPHOFIA X ‘MANGO POPSICLE’ EA 185 702-0553 LIGUSTRUM SINENSE ‘SUNSHINE’ EA 30 702-0560 LIRIOPE MUSCARI ‘BIG BLUE’ EA 2292 702-0610 LOROPETALUM CHINESE RABRUM ‘PURPLE DAYDREAM’ EA 352 702-0678 MUHLENBERGIA CAPILLARIS EA 121 702-0759 PENNISETUM ALOPECUROIDES ‘CASSIANS CHOICE’ EA 110 702-0905 QUERCUS PHELLOS EA 19 702-9025 LANDSCAPE MULCH SY 2600 708-1000 PLANT TOPSOIL CY 850 LIGHTING OPTION 1 – POLES AND BASES TO BE INSTALLED BY GA POWER OR SAWNEE 682-6220 CONDUIT, NONMETAL, TP 2, 1 1/4 IN LF 2500 682-9020 ELECTRICAL JUNCTION BOX EA 23 682-9950 DIRECTIONAL BORE LF 1500 LIGHTING OPTION 2 – SHEPHARD CROOK POLES PER GA POWER LAYOUT 682-6220 CONDUIT, NONMETAL, TP 2, 1 1/4 IN LF 2500 682-9020 ELECTRICAL JUNCTION BOX EA 23 681-1305 LIGHTING STD, 20 FT MH, 2 FT ARM EA 23 681-6314 LUMINAIRE, TP 3, 100W, HP SODIUM or LED EA 23 ITB 20-PW15 46 | P a g e 682-1505 CABLE, TP RHH/RHW, AWG NO 8 LF 2500 682-8525 ELECTRICAL POWER SERVICE ASSEMBLY (UNDERGROUND SERVICE POINT) EA 1 682-9950 DIRECTIONAL BORE LF 1500 LIGHTING OPTION 3 – POST TOP POLES PER SAWNEE LAYOUT 682-6220 CONDUIT, NONMETAL, TP 2, 1 1/4 IN LF 2500 682-9020 ELECTRICAL JUNCTION BOX EA 20 681-1120 LIGHTING STD, 16 FT MH, POST TOP EA 20 681-6320 LUMINAIRE, TP 3, 150W, HP SODIUM or LED EA 20 682-1505 CABLE, TP RHH/RHW, AWG NO 8 LF 2500 682-8525 ELECTRICAL POWER SERVICE ASSEMBLY (UNDERGROUND SERVICE POINT) EA 1 682-9950 DIRECTIONAL BORE LF 1500 SUB-TOTAL BID ESTIMATE LIGHTING OPTION 1 LIGHTING OPTION 2 LIGHTING OPTION 3 Miscellaneous Construction $150,000 Hopewell/Thompson: TOTAL PROJECT ITB 20-PW15 47 | P a g e [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Submittal Form - Intersection Improvement Projects ~ Total 15 Pages Hopewell Road @ Hamby Road Roundabout: Print Bid Price ____________________________________________ Hopewell Road @ Thompson Road Roundabout: Print Bid Price ___________________________________________ Total Bid Price for Both Roundabouts Named Above: Print Bid Price ___________________________________________ 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 _______________________________________________________________________ ITB 20-PW15 48 | 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 ITB 20-PW15 49 | P a g e Section 101.24 Delete as written and substitute the ENGINEER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON, ACTING DIRECTLY OR THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Section 101.47 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. ITB 20-PW15 50 | P a g e “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.” 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 ITB 20-PW15 51 | P a g e the following: “The contract, if awarded, shall be awarded to the lowest responsible bidder. The City of Milton reserves the right to exercise exclusive discretion as to the responsibility of any bidder. The contract shall be executed on the forms attached, will be subject to all requirements of the Contract Document, and shall form a binding Contract between the contracting parties.” 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 ITB 20-PW15 52 | P a g e 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.” 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 ITB 20-PW15 53 | P a g e Agreement and shall release the CITY from any and all further claims of whatever nature, whether known or unknown for and on account of said Agreement, and for any and all work done, and labor and materials furnished, in connection with same.” ITB 20-PW15 54 | 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 ~ 1 | P a g e ITB20-PW1 5 -A d d e n d u m # 1 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 20-PW15 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: ___________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: __________________________________________________ CITY: _________________ STATE: ____________ ZIP: _____________ PHONE: ______________________ FAX: _________________________ EMAIL ADDRESS: ___________________________________________ ____________________________________ ______________________ Signature Date ADDENDUM #1 2 | P a g e ITB20-PW1 5 -A d d e n d u m # 1 ADDENDUM #1 ITB 20-PW15 Questions and Answers This Addendum forms a part of the contract documents and modifies the original ITB documents as noted below: 1. I cannot download plans from the bid documents – Since this original question we have received additional comments regarding accessibility for the plan links. The links have been reformatted into smaller sized files and are attached below. Information contained in the links is the same as originally posted in the ITB. Only the link format has been changed. • Hopewell at Hamby (1 of 2): http://miltonintersectionprojects.com/wp- content/uploads/2020/08/MIL-008_Final_2020-07-13_24x36-1-of-2.pdf • Hopewell at Hamby (2 of 2): http://miltonintersectionprojects.com/wp- content/uploads/2020/08/MIL-008_Final_2020-07-13_24x362-of-2.pdf • Hopewell at Thompson (1 of 2): http://miltonintersectionprojects.com/wp- content/uploads/2020/08/MIL-006_Final_2020-07-13_24x36-1-of-2.pdf • Hopewell at Thompson (2 of 2): http://miltonintersectionprojects.com/wp- content/uploads/2020/08/MIL-006_Final_2020-07-13_24x36-2-of-2.pdf • Lighting Options: http://miltonintersectionprojects.com/wp- content/uploads/2020/08/Intersection-Project-Light-Details.zip 1 | P a g e ITB20-PW1 5 -A d d e n d u m #2 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #2 ITB 20-PW15 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: ___________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: __________________________________________________ CITY: _________________ STATE: ____________ ZIP: _____________ PHONE: ______________________ FAX: _________________________ EMAIL ADDRESS: ___________________________________________ ____________________________________ ______________________ Signature Date ADDENDUM #2 2 | P a g e ITB20-PW1 5 -A d d e n d u m #2 ADDENDUM #2 ITB 20-PW15 Questions and Answers This Addendum forms a part of the contract documents and modifies the original ITB documents as noted below: 1. Would the city please add pay items for the Thermoplastic Fishhook arrows that are shown in the plans on both roundabouts? See attached revised bid form. 2. In the proposal on page #23 it states Hopewell at Thompson Parcels 1, 3 and 4 will require a replacement asphalt trail where existing path is to be removed. Would the city provide a linear foot and typical section of the proposed trail, so all contractors are bidding the same? The 8’ wide asphalt trail will be approximately 180’ in length and will be constructed with 4” of compacted GAB and 2” of 19 MM asphalt. Quantities have been added to the revised bid form. 3. In the proposal on page #24 it states Hopewell at Hamby Parcel 1 that the Contractor will remove and replace the existing gate and two brick columns, lighting and existing supporting power supply to the lights. There is a pay item “RESET GATE”, are the brick columns, lighting, and power relocation to be included in the reset gate pay item? Yes 4. In the proposal on page #25 it states Hopewell at Hamby Parcel 4 that the curb and gutter is to be extended along the Hopewell Road frontage to existing flume to the north at approximate station 409+25 RT. Is this quantity included in the bid quantity for curb and gutter or is this incidental to the. The quantity is included in the line item. 5. In the proposal on page #25 it states Hopewell at Hamby Parcel 4 that the catch basin and pipe connecting to structure is to be added and details will be provided during construction. Is this scope of work to be included in the pricing for this project? If so, would the city give more clarity on this? Size pipe, length, profile of pipe and structure for depth. The scope is to be included in the price for this project. Quantities are reflective in the pay items under curb & gutter, 18” pipe and catch basin. 6. In the proposal on page #30 it states the contractor is responsible for all QC and QA testing. Will the contractor be permitted to do their own QA in house or will a 3rd party firm be required for this as well as the QC? Testing should be from a 3rd party firm. 7. In the proposal on page #37, pay item 171-0010 TEMPORARY SILT FENCE TYPE A is listed twice on the bid form, one with a quantity of 853 LF and the other 905 LF. Would the city please review this and correct it? See revised bid form. 8. In both sets of plans, there is a general note that states “WHERE WET SUBGRADE IS ENCOUNTERED AND IDENTIFIED BY THE ENGINEER, UNDERDRAIN PIPE WITH DRAINAGE AGGREGATE SHALL BE PLACED AS DIRECTED BY THE ENGINEER TO AID IN DEWATERING THE SUBGRADE.” Since the contractor has no way of knowing and quantifying the amount of underdrain that will be required during 3 | P a g e ITB20-PW1 5 -A d d e n d u m #2 construction, would the city please establish an underdrain pay item for this scope of work? Please see revised bid form. 9. The plans and bid items list show the truck aprons as Class 1 Concrete Paving (Section 430). Typically, this item is only on larger projects (>50,000 SY). Due to the limited quantity on this job, would the city please revise the pay item to Class 3 Concrete Paving (Section 439). See revised bid form. 10. In the Hopewell at Thompson Rd plans sheet #06-0001 calls out Utility Relocation pay items on the summary of quantities for Sawnee EMC and Fulton County Water & Sewer as lump sum items. Will the contractor be responsible for these items? If so, would the city please provide more information and add them to the bid form? Disregard item summary sheets for these 2 pay items. Water main work is listed in bid forms under separate pay items. 11. Lighting Drawings / Specifications: For Lighting Options 2 & 3 (city owned lighting), will the city be providing engineered drawings showing pole, junction box, and service point locations, as well as, service point, wiring, junction box and foundation specifications? If no drawings are to be issued, could the city provide the service point, junction box, and foundation specifications (both pole types/sizes) for bidding accuracy purposes? No engineered drawings are available. If either option 2 or 3 is selected, the City will review the materials and specifications quoted and assumptions made to determine final cost with contract. 12. Will you be publishing Construction details for asphalt scope? See GDOT specifications sections 400 and 402. 13. What is the City's anticipated budget for this project? Not available. 14. What is the anticipated start date for this project? October 2020. 15. Will these projects be awarded to one contractor or are you allowing them to be separated and awarded to two different contractors? Will be awarded to one contractor 16. Does the "Total Project" total at the bottom of each project need to include all 3 lighting options or does the total only need to include the sub total bid estimate plus the miscellaneous construction price? Could you explain a little further how you want this to look. We just need to know if the lighting options will need to be included in the sub total and total of each project? “Total Project” for each project should include subtotal plus only Lighting Option 1 as well as the Misc Construction. 17. Could you please state the size of the of the Tapping Sleeve and Valve Assembly for pay items #669-3087, #670-3108 (Hamby) and 669-3087(Thompson). We just need to know the size of the new line and existing line we will be tying into. See revised bid form. 18. Can you please confirm the size of the casing and Jack and bore for each project in the bid schedule? See attached revised bid form. 19. There are 2 pay items for Temporary Silt Fence Type A (#171-0010). One has 853 lf and the other has 905 lf. Is this correct or has something been duplicated? See revised bid form. 20. Can you please clarify a size for the 16 - Landscape Boulders on Hamby? See detail on sheet 29-0001. 21. Can you please confirm what size directional boring you are wanting us to price for the lighting items? See attached revised bid form. 4 | P a g e ITB20-PW1 5 -A d d e n d u m #2 22. Pay Item # 668-3311 is called out as Sanitary Sewer Manhole TP 1, Add Depth, CL 1, is this correct or is that supposed to be Catch Basin Add Depth? That is correct; see revised bid form. 23. For the waterlines I am seeing 12” on both sections but don’t see any on the bid form. Am I missing anything? See attached revised bid form. 24. Who will be responsible for landscaping maintenance services such as watering, mowing, pruning, fertilizers and etc. for 2 years? The Contractor is responsible until final acceptance which includes 1 year of maintenance. 25. Will the City accept a Contractor that has completed roundabouts within 3-5 years? The Contractor must be prequalified with the Georgia Department of Transportation. 3 to 5 years is acceptable. **The REVISED Bid Schedule below replaces the Original Bid Schedule in the ITB** [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] **REVISED BID SCHEDULE HOPEWELL ROAD @ HAMBY ROAD ROUNDABOUT (8 SHEETS) Pay Item # Description Unit Quantity Unit Price TOTAL ROADWAY ITEMS 150-1000 TRAFFIC CONTROL - USER UNIT PRICE LS 1 210-0100 GRADING COMPLETE LS 1 310-1101 GR AGGR BASE CRS, INCL MATL TN 3042 402-1812 RECYCLED ASPH CONC LEVELING, INCL BITUM MATL & H LIME TN 215 402-3130 RECYCLED ASPH CONC 12.5 MM SUPERPAVE, GP 2 ONLY, INCL BITUM MATL & H LIME TN 275 402-3190 RECYCLED ASPH CONC 19 MM SUPERPAVE, GP 1 OR 2,INCL BITUM MATL & H LIME TN 465 402-3121 RECYCLED ASPH CONC 25 MM SUPERPAVE, GP 1 OR 2, INCL BITUM MATL & H LIME TN 720 413-0750 TACK COAT GL 325 439-0022 PLAIN PC CONC PVMT, CL 3 CONC, 10 INCH THK SY 420 441-0016 DRIVEWAY CONCRETE, 6 IN TK SY 21 441-0756 CONCRETE MEDIAN, 8 IN SY 342 441-4020 CONC VALLEY GUTTER, 6 IN SY 15 441-5008 CONCRETE HEADER CURB, 6 IN, TP 7 LF 856 441-5025 CONCRETE HEADER CURB, 4 IN, TP 9 LF 436 441-6222 CONC CURB & GUTTER, 8 IN X 30 IN, TP 2 LF 1534 446-1100 PVMT REINF FABRIC STRIPS, TP 2, 18 IN WIDTH LF 630 611-4996 RESET GATE, INCL BRICK COLUMNS, LIGHTING, ETC. LS 1 641-1100 GUARDRAIL, TP T LF 425 641-5001 GUARDRAIL RAIL ANCHORAGE, TP 1 EA 2 641-5012 GUARDRAIL ANCHORAGE, TP 12 EA 2 643-8200 BARRIER FENCE (ORANGE), 4 FT LF 355 643-8405 FENCE, SPECIAL DESIGN LF 646 DRAINAGE ITEMS 441-0303 CONC SPILLWAY, TP 3 EA 2 441-0304 CONC SPILLWAY, TP 4 EA 2 500-3800 CLASS A CONCRETE, INCL REINF STEEL CY 3 550-1180 STORM DRAIN PIPE, 18 IN, H 1-10 LF 445 550-1240 STORM DRAIN PIPE, 24 IN,H 1-10 LF 80 550-1300 STORM DRAIN PIPE, 30 IN, H 1-10 LF 40 550-3318 SAFETY END SECTION 18 IN, STORM DRAIN, 4:1 EA 1 573-2004 UNDDR PIPE INCL DRAINAGE AGGR, 4 IN LF 300 603-2181 STN DUMPED RIP RAP, TP 3, 18 IN SY 849 603-7000 PLASTIC FILTER FABRIC SY 849 668-1100 CATCH BASIN, GP 1 EA 5 668-3311 CATCH BASIN, Addl Depth, CL 1 LF 2 668-4300 STORM SEWER MANHOLE, TP 1 EA 1 WATER MAIN INSTALLATION 171-0030 TEMPORARY SILT FENCE, TYPE C LF 2000 500-3101 CLASS A CONCRETE CY 3 600-0001 FLOWABLE FILL CY 20 611-8120 ADJUST WATER METER BOX TO GRADE EA 2 611-8140 ADJUST WATER VALVE BOX TO GRADE EA 2 670-1060 WATER MAIN, 6 IN, DIP LF 60 670-1120 WATER MAIN, 12 IN, DIP LF 1950 670-1500 CAP OR REMOVE EXISTING WATER MAIN EA 4 670-2500 INSERTION VALVE (8-12 IN) EA 1 670-2060 GATE VALVE, 6 IN EA 4 670-2100 GATE VALVE, 12 IN EA 2 670-2002 VALVE MARKER EA 50 669-3087 TAPPING SLEEVE & VALVE ASSEMBLY, ALL SIZES 6-12 IN EA 4 670-4000 FIRE HYDRANT EA 4 669-5620 WATER SERVICE LINE, 3/4 IN LF 100 670-5010 WATER SERVICE LINE, 1 IN LF 60 670-5020 WATER SERVICE LINE, 2 IN LF 50 615-1000 STEEL CASING JACK & BORE, 20” LF 40 616-1001 STEEL CASING, 20” LF 40 670-9710 RELOCATE EXISTING FIRE HYDRANT EA 1 670-9720 RELOCATE EXISTING WATER VALVE, INC BOX EA 2 670-9730 RELOCATE EXISTING WATER METER, INC BOX EA 2 670-9920 REMOVE EXISTING FIRE HYDRANT EA 1 668-8050 ADJUST MANHOLE TO GRADE EA 1 SIGNING AND MARKING 636-1033 HIGHWAY SIGNS, TP 1 MATL, REFL SHEETING, TP 9 SF 40 636-1036 HIGHWAY SIGNS, TP 1 MATL, REFL SHEETING, TP 11 SF 113 636-2070 GALV STEEL POSTS, TP 7 LF 323 653 ROUNDABOUT FISH HOOK ARROWS, TP L EA 2 653 ROUNDABOUT FISH HOOK ARROW, TP RT EA 2 653-0110 THERMOPLASTIC PVMT MARKING, ARROW, TP 1 EA 2 653-0120 THERMOPLASTIC PVMT MARKING, WORD, TP 2 EA 1 653-0296 THERMOPLASTIC PVMT MARKING, WORD, TP 15 EA 4 653-1502 THERMOPLASTIC SOLID TRAF STRIPE, 5 IN, YELLOW LF 1934 653-1501 THERMOPLASTIC SOLID TRAF STRIPE, 5 IN, WHITE LF 2313 653-3501 THERMOPLASTIC SKIP TRAF STRIPE, 5 IN, WHITE GLF 130 653-3502 THERMOPLASTIC SKIP TRAF STRIPE, 5 IN, YELLOW GLF 73 653-6004 THERMOPLASTIC TRAF STRIPING, White SY 4 653-6006 THERMOPLASTIC TRAF STRIPING, YELLOW SY 65 653-4830 THERMOPLASTIC SKIP TRAF STRIPE, 18 IN, WHITE GLF 98 654-1001 RAISED PVMT MARKERS TP 1 EA 36 EROSION CONTROL - TEMPORARY 163-0232 TEMPORARY GRASSING AC 1 163-0240 MULCH TN 1 163-0300 CONSTRUCTION EXIT EA 2 163-0503 CONSTRUCT AND REMOVE SILT CONTROL GATE, TP 3 EA 1 163-0550 CONSTRUCT AND REMOVE INLET SEDIMENT TRAP EA 8 165-0087 MAINTENANCE OF SILT CONTROL GATE EA 1 165-0105 MAINTENANCE OF INLET SEDIMENT TRAPS EA 8 165-0101 MAINTENANCE OF CONSTRUCTION EXIT EA 2 165-0010 MAINTENANCE OF TEMPORARY SILT FENCE, TP A LF 453 165-0030 MAINTENANCE TEMPORARY SILT FENCE, TYPE C LF 853 167-1000 WATER QUALITY MONITORING AND SAMPLING EA 24 167-1500 WATER QUALITY INSPECTIONS MO 12 171-0010 TEMP SILT FENCE, TP A LF 905 171-0030 TEMP SILT FENCE, TP C LF 1705 PERMANENT GRASSING Pay Item # Description Unit Quantity Unit Price TOTAL 700-7000 AGRICULTURAL LIME TN 2 700-8000 FERTILIZER MIXED GRADE TN 1 700-8100 FERTILIZER NITROGEN CONTENT LB 25 700-9300 SOD SY 2305 716-2000 EROSION CONTROL MATS, SLOPES SY 842 LANDSCAPING ITEMS 702-0006 Abelia X Grandiflora Rose Creek EA 79 702-0051 Amelanchier X Grandiflora Autumn Brilliance EA 23 702-0140 Cercis Canadensis Rising Sun EA 3 702-0248 Distylium Hybris Blue Cascade EA 46 702-0330 Hererocallis X Purple D’oro EA 183 702-0330 Hemerocallis X Stella D’oro EA 183 702-0500 Juniperus Confera Blue Pacific EA 305 702-0542 Lagerstroemia Indica X Fauriei Natchez EA 6 702-0550 Ligustrum Sinense Sunshine EA 32 702-0559 Lirope Muscari Big Blue EA 1330 702-0610 Loropetalum Chinese Rubrum Purple Daydream EA 92 702-9025 Landscape Mulch SY 450 708-1000 Plant Topsoil CY 150 900-0000 Ornamental Landscape Boulders EA 16 LIGHTING OPTION 1 – POLES AND BASES TO BE INSTALLED BY GA POWER OR SAWNEE 682-6220 CONDUIT, NONMETAL, TP 2, 1 1/4 IN LF 1500 682-9020 ELECTRICAL JUNCTION BOX EA 11 682-9950 DIRECTIONAL BORE, 2 IN LF 1500 LIGHTING OPTION 2 – SHEPHARD CROOK POLES PER GA POWER LAYOUT 682-6220 CONDUIT, NONMETAL, TP 2, 1 1/4 IN LF 1500 682-9020 ELECTRICAL JUNCTION BOX EA 11 681-1305 LIGHTING STD, 20 FT MH, 2 FT ARM EA 11 681-6314 LUMINAIRE, TP 3, 100W, HP SODIUM or LED EA 11 682-1505 CABLE, TP RHH/RHW, AWG NO 8 LF 1500 682-8525 ELECTRICAL POWER SERVICE ASSEMBLY (UNDERGROUND SERVICE POINT) EA 1 682-9950 DIRECTIONAL BORE, 2 IN LF 1500 LIGHTING OPTION 3 – POST TOP POLES PER SAWNEE LAYOUT 682-6220 CONDUIT, NONMETAL, TP 2, 1 1/4 IN LF 1500 682-9020 ELECTRICAL JUNCTION BOX EA 11 681-1120 LIGHTING STD, 12 FT MH, POST TOP EA 11 681-6320 LUMINAIRE, TP 3, 150W, HP SODIUM or LED EA 11 682-1505 CABLE, TP RHH/RHW, AWG NO 8 LF 1500 682-8525 ELECTRICAL POWER SERVICE ASSEMBLY (UNDERGROUND SERVICE POINT) EA 1 682-9950 DIRECTIONAL BORE, 2 IN LF 1500 SUB-TOTAL BID ESTIMATE LIGHTING OPTION 1 LIGHTING OPTION 2 LIGHTING OPTION 3 Miscellaneous Construction $100,000 Hopewell/Hamby: TOTAL PROJECT ***REVISED BID SCHEDULE HOPEWELL ROAD @ THOMPSON ROAD ROUNDABOUT (7 SHEETS) Pay Item # Description Unit Quantity Unit Price TOTAL ROADWAY ITEMS 150-1000 TRAFFIC CONTROL - USER UNIT PRICE LS 1 210-0100 GRADING COMPLETE LS 1 310-1101 GR AGGR BASE CRS, INCL MATL TN 5607 318-3000 AGGR SURF CRS, INCL MATL TN 26 402-1812 RECYCLED ASPH CONC LEVELING, INCL BITUM MATL & H LIME TN 170 402-3130 RECYCLED ASPH CONC 12.5 MM SUPERPAVE, GP 2 ONLY, INCL BITUM MATL & H LIME TN 529 402-3190 RECYCLED ASPH CONC 19 MM SUPERPAVE, GP 1 OR 2,INCL BITUM MATL & H LIME TN 839 402-3121 RECYCLED ASPH CONC 25 MM SUPERPAVE, GP 1 OR 2, INCL BITUM MATL & H LIME TN 1150 413-0750 TACK COAT GL 641 439-0022 PLAIN PC CONC PVMT, CL 3 CONC, 10 INCH THK SY 785 441-0016 DRIVEWAY CONCRETE, 6 IN TK SY 375 441-0104 CONC SIDEWALK, 4 IN SY 48 441-0104 CONC SIDEWALK TRAIL, 4 IN SY 200 441-0756 CONCRETE MEDIAN, 8 IN SY 361 441-4020 CONC VALLEY GUTTER, 6 IN SY 43 441-5008 CONCRETE HEADER CURB, 6 IN, TP 7 LF 873 441-5025 CONCRETE HEADER CURB, 4 IN, TP 9 LF 961 441-6222 CONC CURB & GUTTER, 8 IN X 30 IN, TP 2 LF 1356 446-1100 PVMT REINF FABRIC STRIPS, TP 2, 18 IN WIDTH LF 909 641-1100 GUARDRAIL, TP T LF 100 641-5001 GUARDRAIL RAIL ANCHORAGE, TP 1 EA 1 641-5012 GUARDRAIL ANCHORAGE, TP 12 EA 1 634-1200 RIGHT OF WAY MARKERS EA 17 643-8200 BARRIER FENCE (ORANGE), 4 FT LF 93 643-8405 FENCE, SPECIAL DESIGN LF 734 DRAINAGE ITEMS 550-1180 STORM DRAIN PIPE, 18 IN, H 1-10 LF 912 550-1240 STORM DRAIN PIPE, 24 IN, H 1-10 LF 120 550-2180 SIDE DRAIN PIPE, 18 IN, H 1- 10 LF 128 550-3324 SAFETY END SECTION 24 IN, STORM DRAIN, 4:1 EA 1 550-3318 SAFETY END SECTION 18 IN, STORM DRAIN, 4:1 EA 1 550-4118 FLARED END SECTION 18 IN, SIDE DRAIN EA 7 573-2004 UNDDR DRAIN PIPE INCL DRAINAGE AGGR, 4 IN LF 300 603-2181 STN DUMPED RIP RAP, TP 3, 18 IN SY 16 603-7000 PLASTIC FILTER FABRIC SY 16 668-1100 CATCH BASIN, GP 1 EA 7 668-1110 CATCH BASIN, GP 1, ADDL DEPTH LF 2 668-2100 DROP INLET, GP 1 EA 3 668-4300 STORM SEWER MANHOLE, TP 1 EA 1 668-4311 STORM SEWER MANHOLE, TP 1, ADDL DEPTH LF 2 WATER MAIN INSTALLATION 171-0030 TEMPORARY SILT FENCE, TYPE C LF 1000 500-3101 CLASS A CONCRETE CY 10 600-0001 FLOWABLE FILL CY 40 611-8120 ADJUST WATER METER BOX TO GRADE EA 6 611-8140 ADJUST WATER VALVE BOX TO GRADE EA 6 670-1060 WATER MAIN, 6 IN, DIP LF 100 670-1120 WATER MAIN, 12 IN, DIP LF 1000 670-1500 CAP OR REMOVE EXISTING WATER MAIN EA 3 670-2500 INSERTION VALVE (8-12 IN) EA 4 670-2060 GATE VALVE, 6 IN EA 2 670-2100 GATE VALVE, 12 IN EA 2 670-2002 VALVE MARKER EA 4 669-3087 TAPPING SLEEVE & VALVE ASSEMBLY, ALL SIZES 6-12 IN EA 4 670-4000 FIRE HYDRANT EA 3 669-5620 WATER SERVICE LINE, 3/4 IN LF 175 670-5010 WATER SERVICE LINE, 1 IN LF 100 670-5020 WATER SERVICE LINE, 2 IN LF 100 615-1000 STEEL CASING JACK & BORE, 20” LF 100 616-1001 STEEL CASING, 20” LF 100 670-9920 REMOVE EXISTING FIRE HYDRANT EA 3 SIGNING AND MARKING 636-1033 HIGHWAY SIGNS, TP 1 MATL, REFL SHEETING, TP 9 SF 40 636-1036 HIGHWAY SIGNS, TP 1 MATL, REFL SHEETING, TP 11 SF 132 636-1045 HIGHWAY SIGNS, TP 2 MAT’L, REFL SHEETING, TP 11 SF 11 636-2070 GALV STEEL POSTS, TP 7 LF 312 653 ROUNDABOUT FISH HOOK ARROWS, TP L EA 2 653 ROUNDABOUT FISH HOOK ARROW, TP RT EA 2 653-0110 THERMOPLASTIC PVMT MARKING, ARROW, TP 1 EA 1 653-0120 THERMOPLASTIC PVMT MARKING, ARROW TP 2 EA 3 653-0132 THERMOPLASTIC PVMT MARKING ARROW, TP 3A EA 3 653-0296 THERMOPLASTIC PVMT MARKING WORD, TP 15 EA 6 653-1502 THERMOPLASTIC SOLID TRAF STRIPE, 5 IN, YELLOW LF 2988 653-1501 THERMOPLASTIC SOLID TRAF STRIPE, 5 IN, WHITE LF 3462 653-1804 THERMOPLASTIC SOLID TRAF STRIPE, 8 IN, WHITE LF 180 653-3501 THERMOPLASTIC SKIP TRAF STRIPE, 5 IN, WHITE GLF 294 653-6006 THERMOPLASTIC TRAF STRIPING, YELLOW SY 49 653-4830 THERMOPLASTIC SKIP TRAF STRIPE, 18 IN, WHITE GLF 200 654-1001 RAISED PVMT MARKERS TP 1 EA 77 EROSION CONTROL - TEMPORARY 163-0232 TEMPORARY GRASSING AC 1 163-0240 MULCH TN 37 163-0300 CONSTRUCTION EXIT EA 2 163-0503 CONSTRUCT AND REMOVE SILT CONTROL GATE, TP 3 EA 2 163-0528 CONSTRUCT AND REMOVE FABRIC CHECK DAM – TYPE C SILT FENCE LF 240 163-0550 CONSTRUCT AND REMOVE INLET SEDIMENT TRAP EA 12 165-0041 MAINTENANCE OF CHECK DAMS – ALL TYPES LF 240 165-0087 MAINTENANCE OF SILT CONTROL GATE EA 2 165-0105 MAINTENANCE OF INLET SEDIMENT TRAPS EA 10 165-0101 MAINTENANCE OF CONSTRUCTION EXIT EA 2 165-0010 MAINTENANCE OF TEMPORARY SILT FENCE, TP A LF 1365 165-0030 MAINTENANCE OF TEMPORARY SILT FENCE, TP C LF 347 167-1000 WATER QUALITY MONITORING AND SAMPLING EA 24 167-1500 WATER QUALITY INSPECTIONS MO 12 171-0010 TEMP SILT FENCE, TP A LF 1365 171-0030 TEMP SILT FENCE, TP C LF 347 PERMANENT GRASSING Pay Item # Description Unit Unit Price TOTAL 700-7000 AGRICULTURAL LIME TN 5 700-8000 FERTILIZER MIXED GRADE TN 2 700-8100 FERTILIZER NITROGEN CONTENT LB 79 700-9300 SOD SY 7600 LANDSCAPING ITEMS 702-0096 BUDDLEIA X ‘LO & BEHOLD’ EA 43 702-0107 CALAMGROSTIC X ACUTIFLORA ‘KARL FOERSTER’ EA 112 702-0140 CERCIS CANADENSIS ‘RISING SUN’ EA 29 702-0372 ILEX X ‘ NELLIE R STEVENS’ EA 9 702-0414 ILEX GLABRA ‘DENSA’ EA 29 702-0507 JUNIPERUS HORIZONTALIS WILTONII EA 355 702-0521 KNIPHOFIA X ‘MANGO POPSICLE’ EA 185 702-0553 LIGUSTRUM SINENSE ‘SUNSHINE’ EA 30 702-0560 LIRIOPE MUSCARI ‘BIG BLUE’ EA 2292 702-0610 LOROPETALUM CHINESE RABRUM ‘PURPLE DAYDREAM’ EA 352 702-0678 MUHLENBERGIA CAPILLARIS EA 121 702-0759 PENNISETUM ALOPECUROIDES ‘CASSIANS CHOICE’ EA 110 702-0905 QUERCUS PHELLOS EA 19 702-9025 LANDSCAPE MULCH SY 2600 708-1000 PLANT TOPSOIL CY 850 LIGHTING OPTION 1 – POLES AND BASES TO BE INSTALLED BY GA POWER OR SAWNEE 682-6220 CONDUIT, NONMETAL TP 2, 1 ¼ IN LF 2500 682-9020 ELECTRICAL JUNCTION BOX EA 23 682-9950 DIRECTIONAL BORE, 2 IN LF 1500 LIGHTING OPTION 2 – SHEPHARD CROOK POLES PER GA POWER LAYOUT 682-6220 CONDUIT, NONMETAL TP 2, 1 ¼ IN LF 2500 COND TP 2, 1 682-9020 ELECTRICAL JUNCTION BOX EA 23 681-1305 LIGHTING STD, 20 FT MH, 2 FT ARM EA 23 681-6314 LUMINAIRE, TP 3, 100W, HP SODIUM or LED EA 23 682-1505 CABLE, TP RHH/RHW, AWG NO 8 LF 2500 682-8525 ELECTRICAL POWER SERVICE ASSEMBLY (UNDERGROUND SERVICE POINT) EA 1 682-9950 DIRECTIONAL BORE, 2 IN LF 1500 LIGHTING OPTION 3 – POST TOP POLES PER SAWNEE LAYOUT 682-6220 CONDUIT, NONMETAL TP 2, 1 ¼ IN LF 2500 682-9020 ELECTRICAL JUNCTION BOX EA 20 681-1120 LIGHTING STD, 16 FT MH, POST TOP EA 20 681-6320 LUMINAIRE, TP 3, 150W, HP SODIUM or LED EA 20 682-1505 CABLE, TP RHH/RHW, AWG NO 8 LF 2500 682-8525 ELECTRICAL POWER SERVICE ASSEMBLY (UNDERGROUND SERVICE POINT) EA 1 682-9950 DIRECTIONAL BORE, 2 IN LF 1500 SUB-TOTAL BID ESTIMATE LIGHTING OPTION 1 LIGHTING OPTION 2 LIGHTING OPTION 3 Miscellaneous Construction $150,000 Hopewell/Thompson: TOTAL PROJECT [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Submittal Form - Intersection Improvement Projects ~ Total 16 Pages Hopewell Road @ Hamby Road Roundabout: Print Bid Price ____________________________________________ Hopewell Road @ Thompson Road Roundabout: Print Bid Price ___________________________________________ Total Bid Price for Both Roundabouts Named Above: Print Bid Price ___________________________________________ 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 _______________________________________________________________________ “EXHIBIT B” HOME OPT -F =: 0:ALJYOFt.--I,NG C<CITY OF MILTON MI LTO INVITATION TO BID £STA$U5F{E❑ 2006 (THIS IS NOT AN ORDER) Bid Number: Project Name: 20-PWIS Intersection Improvement Projects Due Date and Time: Public Works Department August 18, 2020 Number of Pages: 120 Local Time: 2:00 p.m. Milton, GA 30004 ISSUING DEPARTMENT INFORMATION Issue Date: July 16, 2020 City of Milton Phone: 678-242-2500 Public Works Department Fax: 678-242-2499 2006 Heritage Walk Website: www.cityofmiltongo.us Milton, GA 30004 Special Instructions: INSTRUCTIONS TO BIDDERS (Electronic Submittal: **Bids must be Mark Face of Envelope/Package: submitted electronically via Milton's Bid Number: 20-PWIS BidNet procurement portal/platform Name of Company or Firm at www.cityofmiltonga.us If you have not registered as a Special Instructions: vendor via BidNet we encourage Deadline for Written Questions you to register. There is no cost to August 3, 2020 at 5:00 p.m. join, and you will be notified of any potential bid opportunities with the Submit questions online via the BidNet City of Milton as well as other Direct procurement portal at agencies who are part of the www.cityofmiltonga.us Georgia Purchasing Group, BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Aut ' rized Bidder Signatory: CMES,INC. 8555 McDonough Drive,Norcross, Ga. 30093 P� ase en name an si 'n in ink t Bidder Phone Number: Bidder FAX Number: 770-982-1905 770-982-1907 Bidder Federal I.D. Number: Bidder E-mail Address: 58-2331087 ramesh.s@cmesinc.net; pravin.p@cmesinc.net BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE ITB 20 -PW 15 1 1 Page Table of Contents Topic Definitions Invitation to Bid Schedule of Events Bidding Instructions (What must be submitted) Insurance/Bond Requirements Bid Form and Addenda Acknowledgement Bid Bond (3 pages) Qualifications Signature and Certification Corporate Certificate List of Subcontractors Contractor Affidavit and Agreement (eVerify) Disclosure Form Project Specifications Bid Submittal Form (15 pages) General Conditions EPD Air Quality Rules Sample Contract Agreement ITB 20 -PW 15 2 � Page 3 4 6 7 8 13 15 18 18 19 20 21 22 33 54 55 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 ITB 20 -PW 15 3 MILTORI� ESMLIS H ED 7006 Invitation to Bid 20 -PPI S The City of Milton is accepting sealed bids from qualified firms for the Intersection Improvement Projects 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 (current edition), and Pay Items Index as standards and specifications for the construction and completion of the work required. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. Sealed bids will be received no later than 2:00 PM Local Time on August 18, 2020. Electronic bids shall be submitted online via BidNet Direct, the City's procurement portal, at www.cityofmiltonga.us . At approximately 2:30 P.M. Local Time on the day bids are received the bids will be publicly opened and the bidder's name and total bid amount will be read aloud at: City of Milton City Hall, 2006 Heritage Walk, Milton, GA 30004. "Pending updates relating to COV1D-19 the City may conduct the bid opening via a virtual meeting. Responding bidders will be emailed a meeting link should the need to hold this type meeting arise. Any other interested members of the public may attend. 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 August 5, 2020 at 5:00 p.m. Official answers to questions and potential change (Addendums) to the ITB (Addendums) will be posted at the some web locations as the ITB on or about August 10, 2020. Any other form of interpretation, correction, or change to this ITB will not be binding upon the City. It is the bidder's responsibility to check the websites for potential updates. Please refer to Bid (20 -PW 15) and bid name (Intersection Improvement Projects) 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 City of Milton may award each project separately or together whichever is 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 ITB 20 -PW 15 4 1 P o o e to be determined prior to the issuance of the "Notice to Proceed." If weather (beyond normal) affects the required completion schedule, The City and selected contractor will negotiate a new completion date. Section 108.05 of the State of Georgia Department of Transportation Standard Specifications Construction of Transportation Systems (current edition) shall be applied. !TB 20 -PW 15 5 1 SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE EVENT DATE ITB Issue Date July 16, 2020 Deadline for Receipt of Written Questions 5 PM on August 5, 2020 Posting of Written Answers by City to Websites on or about August 10, 2020 ITB DUE No later than 2:00 P.M. on August 18, 2020 Tentative Contract Award (on/about) Notice to Proceed (on/about) September 9, 2020 To be coordinated with the Contractor NOTE: PLEASE CHECK THE CITY WEBSITE (hfp://www.cityofmittonga.us) FOR ADDENDA AND SCHEDULE UPDATES. ITB 20 -PW 15 6 j 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 (15 pages) 33-47 INFORMATION AND INSTRUCTIONS The purpose of this solicitation is to enter into a unit price "purchasing contract" with one firm to be the primary supplier of the Intersection Improvement Projects, ITB 20 -PW 15. 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 ITB 20 -PW 15 7 notice. Title to any supplies, materials, equipment or other personal property shall remain the Contractors' until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor's expense to the complete satisfaction of the City of Milton with no additional expense to the City. EVALUATION The City intends to evaluate the ITB on the lowest, 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 ITB. 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 ten (10) days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7.K). (1) Requirements: The Contractor shat# 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, ITB 20 -PW 15 8 representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance 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. ITB 20 -PW 15 9 1 (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (b) 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 ITB 20 -PW 15 10 j time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (b) 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 (1 a0%) 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. ITB 20 -PW 15 11 1 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 ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton. ITB 20 -PW 15 12 1 - MILTON'k� ES'[ USHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 20-PWI5 Intersection Improvement Projects 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 ITB 20 -PW 15 13 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 5% of Amount Bid Dollars ($ (Five Percent of Amount Bid). If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, of 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 #01 08/18/20 #02 08/18/20 Bidder further declares that the full name and resident address of Bidder's Principal is as follows: `i,��11II71J�I'` Signed, sealed, and dated this 18th day of Auqust 2020 -PpQR -' Bidder CMES, INC. �°,�)'. Company Name: AL Bidder Mailing Address; .EaRG\P' 6555 McDonough Drive, '�����1r1111►����`, Norcross, GA -30093 Signature: Print Name: Ramesh S.Suhagio Title: President ITB 20 -PW 15 14 1 ESTABLISHED 2006 [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE) BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): CMES, Inc. 6555 McDonough Ddvp,, ygrcross. GA 30093 SURETY (Name and Address of Principal Place of Business): Westport insurance Corporation 1450 Amedcan Lane, Suite 100 Schaumburg, IL 60173 OWNER (hereinafter referred to as the "City" (Name and Address): City of Wilton, Georgia ATTN: Purchasing Office 2006 Heritage Walk Milton, Georgia 30004 BID BID DUE DATE: August 18, 2020 PROJECT (Brief Description Including Location): Bid # 20-PW15, Intersection Improvement Proiects, Hopewell Rd at Hamby Rd & Hopewell Rd at Thompson Rd BOND BOND NUMBER. BB20200818 DATE (Not later that Bid due date): July 22, 2020 PENAL SUM: Five Percent 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. �\,"!N'`,,� BIDDER +aaR SURETY r"���� C'''•, CMES, Inc. SEWestport Insurance Cor rati rte?H seal)�" Bidder' Name and C*orgp,-&l ' Surety's Name and Corpbe iz l�it eel,�� •: By: By: '4 •"•* '• Signature a hl S. SUHAGIA Signature and Title: Edward KQMVy1v1Aromey-in-Fact PRESIDENT (Attach ower of Attorney) Attest: Attest: 1 ✓ Signature and Title: SECM Signature an itle: Kathryn Kleinschmidt, Vice President Note: (1) Above addresses are to be used for giving any notice required by CHATUR B.CHFIABHAYA ITB 20 -PW 15 SECRETARY 15 1 Page 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 suitor action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon ITB 20 -PW 15 16 ( Page 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 deliversuch Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. ITB 20 -PW 15 17 1 Page SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park, Kansas, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Overland Park, Kansas each does hereby make, constitute and appoint: EDWARD MOONEY, ROBERT CARLETON WYNNE, and KATARZYNA GRIFFIN JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." SEAL I 1973 .w BY Steven raon, Senior Vice Yrftidento as ngton International imuranceCompany & Senior Vice Preaident of North American Specially lnsarante Company * Senior Vice President of Westpart Insarance Corparation BY Mika A, Ito, Senior Vim President ar Washington International Insurance Company & senior Vim President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 08 day of JANUARY 20 18 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook ss: On this 08 day of JANUARY 120 L8, before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL W KENNY Nat.N.,tA76 ! Idlbilf lllirrois ��� ` " M. Kenny, Notary Public ,F' F : ° I, Jeffrey Goldberg the duly elected Vice President and - Qsfiirsnt 5q2reLtary d -Orth American Specialty Insurance Company, Wasbington International Insurance Company and Westport Insurance Corps( on cert) ibatthe above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty InsiAlipe Company, W on International Insurance Company and Westport Insurance Corporation which is still in full force and effect. •' ''•MIs a+?a.= , IN WITNESS WHEREOF, I have set my hand and affixed the sea%grf tlie'oHlpan} this 22nd day of July 20 20 ,111/11111 {111iN11\\ / Jeffrey Goldberg, Vice President & Aasistam Secretary of Washington International Insurance Company & North American Speeility Insurance Company & Vice President & Assistant Secretary ofwestpart Insurance Corporation MILTONIP [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 wi not be violated in any respect. Authorized Signature Date- Print/Type Name Ramesh S. Suhagia, President Print/Type Company Name Here CMES, INC. CORPORATE CERTIFICATE 08/18/2020 I, _ Chatur B. Chhabhaya , certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that Ramesh S. S ha is who signed said bid in behalf of the Contractor, was then (title) President of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of Georgia_ C` This 18th day of August R,�,E N = Go S04' SEAL (sear (Signature) Chatur B. Chhab aya, Secretory f"/"IIiliti����`ti ITB 20 -PW 15 18 1 Page MILTONID ZiiOli [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS Ido x , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: AMC 7 KT� (oil Lxaz Company Name: CMES,INC. ITB 20-Pw 15 19 1 Page MILTON'k� ESTADLiSHED 2006 [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: 46157 eVerify Number 06/27/2007 Date of Authorization CMES, INC. Name of Contractor Intersection Improve_me_n_t PLojects 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 08 18 0 . Norcrtls�j _, 20� In cI GA (state). Si ature of Authorized Officer or Agent Print le o rized Officer or Agent Ramesh S, Suhagia , President SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 18t DAY OF August ,20120 NOTA UBLIC PRAVIN N.PATEL- NOTARY PUBLIC Gwinnett County - State of Georgia My Comm. Expires Jan 24, 2021 [NOTARY SEAL] My Commission Expires: Jan 24, 2021 ITB 20-PW15 20 1 Page MILTONit UMUSMDM 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 CMES, INC. Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) NONE List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value NIA NIA 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: NONE NONE ITB 20 -PW 15 21 1 Page PROJECT SPECIFICATIONS 1. To bid on this contract, the Contractor must be listed on the current Georgia Department of Transportation Pre -Qualified Contractors list. No exceptions. Additionally, the Contractor must have completed one roundabout within the past three (3) years. Bidders shall submit with the bid a qualification sheet listing project(s) that meet the experience requirement along with references. List should include project date, location, description, and contact information. 2. The Contractor shall comply with the plans and specifications for the Hopewell Road @ Hamby Road and Hopewell Road @ Thompson Road Roundabout Projects as prepared by Barge Design Solutions (Design Engineer), dated 7/13/2020. The plans may be downloaded at: Final Construction Plans Hopewell Road @ Hamby Road Roundabout Project haps://#iles.secureserver.net/OsnsediRl CrOtj Final Construction Plans Hopewell Road @ Thompson Road Roundabout Project haps://files.secureserver.net/Osm5liZZe4S1 eA In addition to other standard specifications referenced herein, the bid package includes: a. Construction Drawings; b. Special Provision 163 - Miscellaneous Erosion Control Items; c. Special Provision 165 - Maintenance of Temporary Erosion and Sedimentation Control Devices; d. Special Provision 171 -Silt Fence; e. Special Provision 700 - Grassing. 3. Where contract documents reference "The Department" or "GA Department of Transportation" or "The Engineer", it shall also mean "City of Milton." 4. All traffic control measures, and detour signage are the responsibility of the Contractor. Contractor shall coordinate all work with the City of Milton. 5. Replace, in kind, any vegetation or landscaping damaged during construction. Include cost in the price bid. ITB 20 -PW 15 22 1 Poge 6. 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 herein. PROJECT SPECIAL PROVISIONS The right of way and easements for some parcels have not all been acquired at the time this bid is released. The City anticipates Hopewell Road @ Hamby Road parcel 1 and Hopewell Road @ Thompson Road parcels 2 and 7 right of way and easement areas to be acquired by Notice to Proceed. All project signage and striping to be pre -marked and approved by Milton Public Works prior to installation. Lighting for the project will be determined based on bid results. The lighting options include a fixture detail provided by Sawnee EMC and a fixture detail by Georgia Power. The plans developed by the power providers and fixture details can be downloaded at: Lighting Options for Hopewell Road @ Hamby Road and Hopewell Road @ Thompson Road https://Hles.secureserver.net/GsnEWJRwr9Jnwq Hopewell at Thompson Parcels 1, 3 and 4 (Bell Memorial Park/City of Milton property) will require a replacement asphalt trail where existing path is removed due to project construction. New trail to be installed at approximate location shown below and location will be best fit in the field to minimize impact to existing trees in area. Actual asphalt quantities will be billed for work performed for the trail relocation. Grading and removal of existing to be included in grading complete. ITB 20 -PW 15 23 1 Pace f---- -F---- Ex t AL', 1L i-t1SE T 4 FEA�E: ?J+60, i. 059! ` T SHMDER C&G. TP2 r1 9f1322 300+94.94 TET 0.00' _NU FENCE '6.97' RT R-21 t STA. 61 OFFSET 57, 09 EASAIT FO CONST 5 4F "'r ~ BEGIN FEKCE = AREA ' 51A. 502+57. !8 OFFSET 31. &4' RT -- Etat 3O' G. TP, �_ &A SFF3 90328 SEE DETAIL ON BEGIN 6' S "I'll,STUOSMOME SFA. 303 CONST OF SEOPLS OFFSET O0 CITY OF NUT0N I AREA '1 STA 611+3F, 6 PAIr�ELI 2 B OFFSET M 61' R W SWR' 60-0008 Approximate area of relocated meandering B' wide , asphalt trail to minimize impact to existing trees 9 !" C, TY u ro,,yy W 51741. PC 631 A Hopewell at Hamby Parcel 1: Contractor will remove and replace the existing mailbox in like kind. Contractor will remove and replace the existing gate and two brick columns, lighting and existing supporting power supply to the lights (see pictures below). The replacement of brick columns, gate, lighting and power supply will be replaced in like kind. The City's representative will consult the owner for the placement of the exact location of these items. These items will be moved approximately ten (10) feet west of their existing location. ITB 20 -PW 15 24 1 Page Hopewell at Hamby Parcel 4: Curb and gutter is to be extended along the Hopewell Road frontage to existing flume to the north at approximate station 409+25 RT. Catch basin and pipe connecting to structure to be added and details provided during construction. ITB 20 -PW 15 25 1 Poge /YV VV. VY fP263630.59j2 50 10095 30 f.385. 0 fit t ELI 29. 42' f j / EASYT FOR THE NST FOR OF DRIVES EAT*3F/SSLOPES (T •, ` 34.96' LT ` ``�'•''� Ex 1ST 11#6 GEORGIA TRANSMISSION 4 . QN uyjriryr,ry r#ra.r r � ---------------------------- ...._.-.-......�.____._.�.-.1_,...._�__.___._--. 6 O i = M'AY AC37ieS:Flph �?1JEfF Y!L-p�6 E&wr For TrF i S7'Z SLOPES ff 1I QM$TA R651 3 A fSiS 28.25' AF E 2263 T.F 7p FXfSTttA'C fF�V.F Slri B, OfFSEF Fi B5' T 21 STA. 4(16#33. 101 OMET 45.48' EAS61T FOR THE AREA SOF SLOPES —0E10195 405.60.00 50.00 ` P), ( ` a bpPEMFIt Rr7B51J HBWND STA 117+3&.7, a Fsis&Op. 923 F zzdsrzr, ss3s pE�FF.IJER� gl��fip8 1$7 Srtix gg�jg3Re d< 9 E 2Z63r4P- ��ES tgk[srrucFlp�' $TA. 4551gg5gg+6, E �iE,ir33, r8 6 Enna a [ g.t 4 V* 104.3.M ITB 20 -PW 15 26 1 Page G 4 4 PROSECUTION AND PROGRESS Construction shall begin no later than TEN (10) calendar days past the issuance of Notice to Proceed. The combined time of completion for the projects will be 380 days from the date of the Notice to Proceed. If weather (beyond normal) affects the required completion schedule, The City and selected contractor will negotiate a new completion date. Normal workday for this project shall be 7:30 am to 7:30 pm and the normal workweek shall be Monday through Friday. The City will consider extended workdays or workweeks upon written request by the Contractor on a case by case basis. No work will be allowed on Sunday or national holidays (i.e. Memorial Day, July 4th, Labor Day, etc.). Lane closures will only be permitted between the hours of 9:00am and 4:00pm, Monday -Friday, unless otherwise approved by the City. 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. 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. MATERIALS Contractor will be responsible for replacing any work performed with material from rejected sample lot at no cost to the City. DEVIATION OF QUANTITIES The quantities given are estimates only and will vary from those indicated. Payment will be made based on actual quantities of work completed and accepted. The City reserves the right to add or delete quantities at any time. Contractor will notify the City in writing if additional items are identified or quantities of contract items will exceed plan. At no time will Contractor proceed with work outside the prescribed scope of services for which additional payment will be requested without the written authorization of the City. EROSION CONTROL It is the responsibility of the Contractor to follow all Federal, State and Local erosion and sediment control laws and specifications. This includes meeting all NPDES guidelines. The Contractor shall serve as the Primary Permittee for this ITB 20 -PW 15 27 1 � project and is responsible for filing the NOI and all necessary fees associated with it. Erosion/Sediment Control measures shall be installed and maintained by the contractor throughout the duration of the project. The Contractor is responsible for the removal and disposal, off project site, of all installed temporary erosion/sediment control measures when affected areas have been restored to a level where vegetative coverings will minimize erosion. The cost for this will be considered incidental to the project and included in the overall bid. UTILITIES There are utilities in the project area. Contractor shall be responsible for locating and coordinating any utility relocation necessary for completion of the work. Utility plan sheets provided are based on early coordination and are subject to change. Call "811 Know what's below Call before you dig." Locate, maintain and protect existing utilities at all times during construction. TEMPORARY TRAFFIC CONTROL The Contractor shall, at all times, conduct his work in accordance with the traffic control plan and so 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 are 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 include entrances and exits VIA driveways at various properties, and access to the intersecting roads and streets. The Contractor shall maintain sufficient personnel and equipment (including flaggers and traffic control signing) on the project at all times, particularly during inclement weather, to insure that ingress and egress are safely provided when and where needed. The Contractor shall furnish, install and maintain all necessary and required barricades, signs, temporary striping and other traffic control devices in accordance with the MUTCD and DOT specifications, and take all necessary precautions for the protection of the workers and safety of the public. This shall include variable message boards to be placed near the intersection location, prior to beginning construction activities, to notify the traveling public of the upcoming lane closure(s). These variable message boards shall remain in place from to the beginning construction until substantial completion of the project. There shall be seven (7) variable message boards, (one in each direction). ITB 20 -PW 15 28 1 f 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 be included in the contract price. 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, mail boxes and supports, water meters, 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 screened topsoil shall be placed in all disturbed areas before grossing. Contractor is responsible for ensuring that all permanent grassing shall match the existing grassing When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or in consequence of the non -execution thereof by the Contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding or otherwise restoring as may be directed, or she/he shall make good such damage or injury in an acceptable manner. The Contractor shall correct all disturbed areas before retainage will be released. CLEANUP All restoration and clean-up work shall be performed daily. Operations shall be suspended if the contractor fails to accomplish restoration and clean-up within an acceptable period of time. Asphalt and other debris shall be removed from gutters, sidewalks, yards, driveways, etc. Failure to perform clean-up activities may result in suspension of the work. Milling operation shall be followed immediately by clean-up at which the Contractor is to provide power brooms, vacuum sweepers, power blowers, or other means to remove loose debris or dust. Do not allow dust control to restrict visibility of passing traffic or to disrupt adjacent property owners. All pavement areas shall be clean and dry prior to placing tack coat, asphaltic concrete or other materials. SAFETY Beginning with mobilization and ending with acceptance of work, the Contractor ITB 20 -PW 15 29 1 1 shall be responsible for providing a clean and safe work environment at the project site. The Contractor shall comply with all OSHA regulations as they pertain to this project. 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. PAVEMENT MILLING The milling equipment shall be a power driven, self-propelled machine which is specifically designed to mill and remove a specified depth of existing asphalt paving. The equipment shall be of size, shape and dimensions so as not to restrict the safe passage of traffic in areas adjacent to the work. Conveyors capable of side, rear or front loading shall be provided together with the necessary equipment to transfer the milled material from the roadway to a truck. Dust control shall be such as not to restrict visibility of passing traffic or annoy adjacent property owners. The Contractor shall also mill across the whole roadway at the beginning and ending limits of the project to provide an adequate tie-in with existing pavements. Topping shalt be tapered/feathered so as to tie into existing driveways with the best possible ride and aesthetic result. Tie-ins shall be marked on the ground and approved by the City prior to paving. Areas where no curb exists are not to be milled except as may be directed on the plans or to provide adequate tie-in with existing pavement. The milling operation shall provide a pavement surface that is true to line, grade and cross-section and of uniform texture. Areas where curb and gutter exist shall be edge milled to a distance of 6 feet from the edge of the gutter to provide a level transition from the final paved ITB 20 -PW l 5 30 1 1 surface to the top of the gutter pan. Depth of the edge milling at the gutter shall be equal to the depth of the final asphalt topping coarse. A ten -foot straightedge shall be maintained in the vicinity of the milling operation at all times for the purpose of measuring surface irregularities of the milled pavement surface. The Contractor shall provide the straightedge and labor for its use. All irregularities in excess of 1 /8" in 10' shall be re -milled at no additional cost. The finished cross slope shall be uniform to a degree that no depressions or misalignment of slope greater than 114" in 12' are present when tested with a straightedge placed perpendicular to the centerline. The finished pavement surface will be subject to visual and straightedge inspection. The Contractor shall be responsible to repair any damage to existing curbs, aprons, and driveways caused by the Contractor's operations at no additional cost to the City. All material generated as a result of the milling operation shall become the property of the Contractor. The milled material shall be stockpiled, recycled and utilized by the bidder as a means to offset the unit cost of patching. After milling is completed all loose and flaking masses of asphalt shall be removed. The Contractor and City shall measure all work and determine the total pavement area in square yards, to establish the basis of payment for the milling work. BITUMINOUS TACK COAT This work shall consist of the placement of bituminous tack on all areas. The cost of bituminous tack shall be included in the cost of the project. Bituminous tack is not measured as a separate pay item. AC -20 or AC -30 shall be used. All surfaces shall be cleaned completely and thoroughly before any tack is applied. Tack shall not be applied when the pavement is wet. Bituminous tack coat shall be applied between .03 to .06 gallons per square yard. CONCRETE SIDEWALKS AND ADA RAMPS This work shall consist of the installation of new 5' sidewalk and ADA compliant ramps. The Contractor will install the new sidewalk in accordance with GDOT Standard Specifications Sections, Article 441. Ramps will be constructed in accordance to GDOT detail A3 that replaces GA Standard 9031 W and must meet Federal ADA standards with regard to slope and grade and shall be constructed using 3000 psi concrete (class A). The Contractor shall inspect the locations specified in the bid to determine the extent of work necessary to construct or upgrade each ramp. The Contractor is to select the ramp type to be used based ITB 20 -PW 15 31 1 f . i, on the site conditions and configuration of existing sidewalk present unless specifically indicated. In some circumstances the Contractor can install detectable warning panels if existing ramps are constructed to at the proper grade and slope. Expansion joints shall be placed at an interval of 40 feet on center throughout the sidewalk length and at all interfaces with existing sidewalk or structures. The surface of the sidewalk and subgrade shall not exceed a cross slope of 2%. This slope shall be directed to the street unless otherwise directed by the City. The forms shall be made of steel or wood to insure the accurate maintenance of lines and grades. Flexible strips may be used where necessary on curves. After forms are completely set in place the Contractor shall have the forms inspected by the City prior to pouring concrete. All new concrete sidewalks shall be a minimum of 4 inches thick and shall meet the GDOT specifications for Portland Cement Concrete. The subgrade shall be thoroughly moistened, and the concrete shall be deposited to the proper depth. The concrete along the edges of the forms shall be well spaded against the forms and the concrete shall be struck off until all voids are removed, and the surface has the required grade and cross section. The surface shall be struck off with a straight edge, floated and troweled just enough to produce a smooth dense surface, free from irregularities. Brushing crosswise with a fine hare brush or broom is required to produce a non -slip surface. All joints and edges shall be rounded to a radius of one-quarter (1 /4) inch with an approved finishing tool. The City reserves the right to reject any sidewalk segments not finished in accordance with these standards or finished in a professional and workmanlike manner. All sidewalk sections that are rejected by the city shall be removed and replaced by the Contractor at no additional charge. The Contractor is responsible for protecting the sidewalk from the elements, travel and vandalism. After the concrete has set sufficiently, but not more than three (3) days, the forms shall be removed, and the spaces shall be backfilled with topsoil. The area between the sidewalk and the curb shall be graded to slope toward the curb and allow drainage to flow toward the curb after sod installation. The removal and disposal of existing curb and other concrete to construct or upgrade each ramp and construct sidewalk along with any clearing, grubbing, tree and shrub trimming or removal that impacts construction shall be considered incidental. ITB 20 -PW 15 32 1 1 . ; MILTON11ko ESTABLIS171ED 2006 "REVISED BID SCHEDULE HOPEWELL ROAD @ HAMBY ROAD ROUNDABOUT f8 SHEETS Pay Description Unit Quantity Unit Price TOTAL Item # ROADWAY ITEMS 150-1000 TRAFFIC CONTROL - LS 1 61145 61145 USER UNIT PRICE 210-0100 GRADING COMPLETE LS 1 292710 292710 GR AGGR BASE CRS, 310-1101 INCL MATL TN 3042 28 85176 RECYCLED ASPH 150 32250 402-1812 CONC LEVELING, INCL TN 215 BITUM MATL & H LIME RECYCLED ASPH 130 35750 CONC 12.5 MM 402-3130 SUPERPAVE, GP 2 TN 275 ONLY, INCL BITUM MATL & H LIME RECYCLED ASPH 115 53475 CONC 19 MM 402-3190 SUPERPAVE, GP 1 OR TN 465 2,INCL BITUM MATL & H LIME RECYCLED ASPH 105 75600 CONIC 25 MM 402-3121 SUPERPAVE, GP 1 OR TN 720 2, INCL BITUM MATL & H LIME 413-0750 TACK COAT GL 325 4 1300 PLAIN PC CONC 110 46200 439-0022 PVMT, CL 3 CONC, 10 SY 420 INCH THK DRIVEWAY CONCRETE, 441-0016 6 IN TK SY 21 53 1113 MEDIAN, 8 441-0756 CONCRETE SY 342 91 31122 CONC VALLEY 441-4020 GUTTER, 6 IN SY 15 53 795 CONCRETE HEADER 441-5008 CURB, 6 IN, TP 7 LF 856 13 11128 CONCRETE HEADER 441-5025 LF 436 14 6104 CURB, 4 IN, TP 9 CONC CURB & 21 32214 441-6222 GUTTER, 8 IN X 30 IN, TP LF 1534 2 PVMT REINF FABRIC 3.5 2205 446-1100 STRIPS, TP 2, 18 IN LF 630 WIDTH RESET GATE, INCL 5000 5000 611-4996 BRICK COLUMNS, LS 1 LIGHTING, ETC. 641-1100 GUARDRAIL, TP T LF 425 49 20825 641-5001 GUARDRAIL RAIL EA 2 1900 3800 ANCHORAGE, TP 1 GUARDRAIL 641-5012 EA 2 3800 7600 ANCHORAGE, TP 12 BARRIER FENCE 1 355 643-8200 LF 355 {ORANGE), 4 FT FENCE, SPECIAL 643-8405 LF 646 21 13566 DESIGN DRAINAGE ITEMS 441-0303 CONC SPILLWAY, TP 3 EA 2 1900 3800 441-0304 CONC SPILLWAY, TP 4 EA 2 1900 3800 CLASS A CONCRETE, 500-3800 INCL REINF STEEL CY 3 1300 3900 STORM DRAIN PIPE, 18 550-1180 IN, H 1-10 LF 445 50 22250 STORM DRAIN PIPE, 24 550-1240 LF 80 58 4640 IN,H 1-10 STORM DRAIN PIPE, 30 550-1300 LF 40 99 3960 IN, H 1-10 SAFETY END SECTION 1700 1700 550-3318 18 IN, STORM DRAIN, EA 1 4:1 UNDDR PIPE INCL 573-2004 LF 300 12 3600 DRAINAGE AGGR, 4 IN 603-2181 STN DUMPED RIP RAP, SY 849 42 35658 TP 3, 18 IN 603-7000 PLASTIC FILTER FABRIC SY 849 4 3396 668-1100 CATCH BASIN, GP 1 EA 5 3200 16000 CATCH BASIN, Addl 668-3311 Depth, CL 1 LF 2 330 660 500-3101 STORM SEWER CY 3 310 930 668-4300 MANHOLE, TP 1 EA 1 2000 2000 WATER MAIN 611-8120 INSTALLATION EA 2 540 1080 171-0030 TEMPORARY SILT LF 2000 1.5 3000 FENCE, TYPE C 500-3101 CLASS A CONCRETE CY 3 310 930 600-0001 FLOWABLE FILL CY 20 450 9000 ADJUST WATER METER 611-8120 BOX TO GRADE EA 2 540 1080 ADJUST WATER VALVE 611-8140 BOX TO GRADE EA 2 300 600 670-1060 WATER MAIN, 6 IN, DIP LF 60 183 4980 WATER MAIN, 12 IN, 670-1120 P TER LF 1950 73 142350 CAP OR REMOVE 670-1500 EXISTING WATER MAIN EA 4 1100 4400 INSERTION VALVE (8-12 670-2500 IN} EA 1 21000 21000 670-2060 GATE VALVE, 6 IN EA 4 1100 4400 670-2100 GATE VALVE, 12 IN EA 2 2500 5000 670-2002 VALVE MARKER EA 50 98 4900 TAPPING SLEEVE & 7900 31600 669-3087 VALVE ASSEMBLY, ALL EA 4 SIZES 6-12 IN 670-4000 FIRE HYDRANT EA 4 3100 12400 WATER SERVICE LINE, 669-5620 3/4 IN LF 100 22 2200 SERVICE LINE, 1 670-5010 IN LF 60 26 1560 SERVICE LINE, 2 670-5020 IN LF 50 40 2000 STEEL CASING JACK & 615-1000 BORE, 20" LF 40 150 6000 616-1001 STEEL CASING, 20" LF 40 70 2800 RELOCATE EXISTING 670-9710 EA 1 980 980 FIRE HYDRANT RELOCATE EXISTING 270 540 670-9720 WATER VALVE, INC EA 2 BOX RELOCATE EXISTING 700 1400 670-9730 WATER METER, INC EA 2 BOX REMOVE EXISTING FIRE 670-9920 HYDRANT EA 1 430 430 ADJUST MANHOLE TO 668-8050 GRADE EA 1 1800 1800 SIGNING AND MARKING HIGHWAY SIGNS, TP 1 19 760 636-T033 MATL, REFL SHEETING, SF 40 TP 9 HIGHWAY SIGNS, TP 1 21 2373 636-1036 MATL, REFL SHEETING, SF 113 TP 11 ALV STEEL POSTS, TP 636-2070 LF 323 8.5 2745.5 7 ROUNDABOUT FISH 653 HOOK ARROWS, TP L EA 2 200 400 ROUNDABOUT FISH 653 HOOK ARROW, TP RT EA 2 260 520 THERMOPLASTIC PVMT 130 260 653-0110 MARKING, ARROW, TP 1 EA 2 THERMOPLASTIC PVMT 653-0120 MARKING, WORD, TP 2 EA 1 130 130 THERMOPLASTIC PVMT 160 640 653-0296 MARKING, WORD, TP EA 4 15 THERMOPLASTIC SOLID 0.7 1353.8 653-1502 TRAF STRIPE, 5 IN, LF T934 YELLOW THERMOPLASTIC SOLID 0.6 1387.8 653-T501 TRAF STRIPE, 5 IN, LF 2313 WHITE THERMOPLASTIC SKIP 0,85 110.5 653-3501 TRAF STRIPE, 5 IN, GLF 130 WHITE THERMOPLASTIC SKIP 0.9 65.7 653-3502 TRAF STRIPE, 5 IN, GLF 73 YELLOW THERMOPLASTIC TRAF 653-6004 STRIPING, White SY 4 11 44 THERMOPLASTIC TRAF 653-6006 STRIPING, YELLOW SY 65 7.48 486.2 THERMOPLASTIC SKIP 1 1.05 102.9 653-4830 TRAF STRIPE, 18 IN, GLF 98 WHITE RAISED PVMT MARKERS 654-1001 EA 36 5 180 TP 1 EROSION CONTROL - TEMPORARY TEMPORARY 163-0232 GRASSING AC 1 740 740 163-0240 MULCH TN 1 530 30 1400 2800 163-0300 CONSTRUCTION EXIT EA 2 CONSTRUCT AND 700 700 163-0503 REMOVE SILT EA 1 CONTROL GATE, TP 3 CONSTRUCT AND 270 2160 163-0550 REMOVE INLET EA 8 SEDIMENT TRAP MAINTENANCE OF SILT 165-0087 CONTROL GATE EA 1 160 160 MAINTENANCE OF 165-0105 EA 8 75 600 INLET SEDIMENT TRAPS MAINTENANCE OF 165-0101 CONSTRUCTION EXIT EA 2 600 1200 MAINTENANCE OF 0.5 226.5 165-0010 TEMPORARY SILT LF 453 FENCE, TP A MAINTENANCE 0.5 426.5 165-0030 TEMPORARY SILT LF 853 FENCE, TYPE C WATER QUALITY 100 2400 167-1000 MONITORING AND EA 24 SAMPLING WATER QUALITY 167-1500 MO 12 250 3000 INSPECTIONS 171-0010 TEMP SILT FENCE, TP A LF 905 2.00 1810 171-0030 TEMP SILT FENCE, TP C LF 1705 3.5 5967.50 PERMANENT GRASSING Pay Description Unit Quantity Unit Price TOTAL Item # 700-7000 AGRICULTURAL LIME TN 2 160 320 FERTILIZER MIXED 700-8000 TN 1 740 740 GRADE 700-8100 FERTILIZER NITROGEN LB 25 16 400 CONTENT 700-9300 SOD SY 2305 5 11525 EROSION CONTROL 716-2000 MATS, SLOPES SY 842 1.35 1136.70 LANDSCAPING ITEMS Abelia X Grandiflora 702-0006 Rose Creek EA 79 30 2370 Amelanchier X 530 12190 702-0051 Grandiflora Autumn EA 23 Brilliance Cercis Canadensis 530 1590 702-0140 Rising Sun EA 3 Distylium Hybris 702-0248 EA 46 46 2116 Blue Cascade Hererocallis X 14 2562 702-0330 EA 183 Purple D'oro Hemerocallis X 702-0330 EA 183 12 2196 Stella D'oro Juniperus Confera 702-0500 Blue Pacific EA 305 27 8235 Lagerstroemia Indica 702-0542 X Faurlei Natchez EA 6 550 3300 Ligustrum Sinense 702-0550 Sunshine EA 32 44 1408 702-0559 Liro e Muscari Big Blue EA 1330 8 10640 Loropetalum Chinese 36 3312 702-0610 Rubrum Purple EA 92 Daydream 4 1800 702-9025 Landscape Mulch SY 450 708-1000 Plant Topsoil CY 150 40 6000 Ornamental 900-0000 EA 16 370 5920 Landscape Boulders LIGHTING OPTION 1 - POLES AND BASES TO BE INSTALLED BY GA POWER OR SAWNEE LIGHTING OPTION 2-SHEPHARD CROOK POLES PER GA POWER LAYOUT CONDUIT, NONMETAL, LF 1500 5 12500 682-6220 TP 2,1 114 IN LF 1500 5 7500 TP 2,1 1/4 IN 682-9020 TRICAL JUNCTION EA 11 500 5500 682-9020 BOX EA 11 500 5500 LIGHTING STD, 20 FT 681-1305 DIRECTIONAL BORE, 2 EA 11 7200 79200 682-9950 MH, 2 FT ARM LF 1500 19 28500 IN LIGHTING OPTION 2-SHEPHARD CROOK POLES PER GA POWER LAYOUT ILIGHTING OPTION 3 - POST TOP POLES PER SAWNEE LAYOUT 682-6220 CONDUIT, NONMETAL, LF 1500 5 12500 682-6220 TP 2,1 114 IN LF 1500 5 12500 ELECTRICAL JUNCTION 682-9020 BOX EA 11 500 5500 681-1120 BOX EA 11 7200 79200 LIGHTING STD, 20 FT 681-1305 LUMINAIRE, TP 3, 150W, EA 11 7200 79200 MH, 2 FT ARM LUMINAIRE, TP 3, 100W, 681-6314 AWG NO 8 EA 11 510 5610 HP SODIUM or LED 18000 18000 CABLE, TP RHH/RHW, 682-1505 (UNDERGROUND LF 1500 1.8 2700 AWG NO 8 682-9950 ELECTRICAL POWER LF 1500 18000 18000 SERVICE ASSEMBLY 682-8525 (UNDERGROUND EA 1 2) O � 6D LIGHTING OPTION 1 SERVICE POINT LIGHTING OPTION 2 682-9950 DIRECTIONAL BORE, 2 LF 1500 19 I 28500 IN ILIGHTING OPTION 3 - POST TOP POLES PER SAWNEE LAYOUT 682-6220 CONDUIT, NONMETAL, LF 1500 5 12500 TP 2,1 1/4 IN TRICAL JUNCTION 682-9020 BOX EA 11 500 5500 681-1120 LIGHTING STD, 12 FT EA 11 7200 79200 MH, POST TOP 681-6320 LUMINAIRE, TP 3, 150W, EA 11 510 5610 HP SODIUM or LED CABLE, TP RHH/RHW, 682-1505 AWG NO 8 LF 1500 1.8 2700 ELECTRICAL POWER 18000 18000 SERVICE ASSEMBLY 682-8525 (UNDERGROUND EA 1 SERVICE POINT 682-9950 DIRECTIONAL BORE, 2 LF 1500 19 28500 IN SUB -TOTAL BID ESTIMATE 2) O � 6D LIGHTING OPTION 1 LIGHTING OPTION 2 LIGHTING OPTION 3 0 I Miscellaneous Construction $100000 Hopewell/Hamby: TOTAL PROJECT 1 /„ ,7 I' , 6 C1 ***REVISED BID SCHEDULE HOPEWELL ROAD @ THOMPSON ROAD ROUNDABOUT (7 SHEETS Pay Description Unit Quantity Unit Price TOTAL Item # ROADWAY ITEMS TRAFFIC CONTROL - USER 150-1000 UNIT PRICE LS 1 79884 79884 210-0100 GRADING COMPLETE LS 1 530597 530597 GR AGGR BASE CRS, INCL 310-1101 TN 5607 27 151389 MATL AGGR SURF CRS, INCL 27 702 318-3000 TN 26 MATL RECYCLED ASPH CONC 160 27200 402-1812 LEVELING, INCL BITUM TN 170 MATL & H LIME RECYCLED ASPH CONC 115 60835 12.5 MM SUPERPAVE, GP 2 402-3130 ONLY, INCL BITUM MATL & TN 529 H LIME RECYCLED ASPH CONC 19 110 92290 402-3190 MM SUPERPAVE, GP 1 OR TN 839 2,INCL BITUM MATL & H LIME RECYCLED ASPH CONC 25 105 120750 402-3121 MM SUPERPAVE, GP 1 OR TN 1 150 2, INCL BITUM MATL & H LIME 413-0750 TACK COAT GL 641 5 3205 PLAIN PC CONC PVMT, CL 439-0022 3 CONC, 10 INCH THK SY 785 120 94200 441-0016 DRIVEWAY CONCRETE, 6 SY 375 53 19875 IN TK 441-0104 CONC SIDEWALK, 4 IN SY 48 43 2064 CONC SIDEWALK TRAIL, 4 441-0104 SY 200 43 8600 441-0756 CONCRETE MEDIAN, 8 IN SY 361 91 32851 VALLEY GUTTER, 6 441-4020 NONC SY 43 43 1849 441-5008 CONCRETE HEADER CURB, LF 873 17 14841 6 IN, TP 7 441-5025 CONCRETE HEADER CURB, LF 961 17 16337 4 IN, TP 9 641-5001 CONC CURB & GUTTER, 8 EA 1 1900 1900 441-6222 IN X 30 IN, TP 2 LF 1356 16 25764 PVMT REINF FABRIC STRIPS, 446-1100 TP 2, 18 IN WIDTH LF 909 3 2727 641-1100 GUARDRAIL, TP T LF 100 49 4900 50 /111 A 1-1 A 11 1 A 11 641-5001 I-7Ur1'l�1'-nlL RrvL EA 1 1900 1900 ANCHORAGE, TP 1 GUARDRAIL ANCHORAGE, 641-5012 TP 12 EA 1 3800 3800 634-1200 RIGHT OF WAY MARKERS EA 17 50 850 BARRIER FENCE 6438200 LF 93 1 93 (ORANGE), 4 FT 21 15414 643-8405 FENCE, SPECIAL DESIGN LF 734 DRAINAGE ITEMS STORM DRAIN PIPE, 18 IN, 550-1180 H 1-10 LF 912 45 41040 STORM DRAIN PIPE, 24 IN, 550-1240 H 1-10 LF 120 58 6960 ID E DRAIN PIPE, 18 IN, H 1- 550-2180 10 LF 128 40 5120 SAFETY END SECTION 24 IN, 550-3324 STORM DRAIN, 4:1 EA 1 3500 3500 SAFETY END SECTION 18 IN, 550-3318 STORM DRAIN, 4:1 EA 1 1700 1700 FLARED END SECTION 18 550-4118 IN, SIDE DRAIN EA 7 1700 11900 UNDDR DRAIN PIPE INCL 573-2004 LF 300 17 5100 DRAINAGE AGGR, 4 IN STN DUMPED RIP RAP, TP 3, 603-2181 SY 16 42 672 18 IN 603-7000 PLASTIC FILTER FABRIC SY 16 4 64 668-1100 CATCH BASIN, GP 1 EA 7 3200 22400 CATCH BASIN, GP 1, ADDL 668-1110 DEPTH LF 2 220 440 668-2100 DROP INLET, GP 1 EA 3 2100 6300 STORM SEWER MANHOLE, 668-4300 EA 1 2000 2000 STORM SEWER MANHOLE, 668-4311 TP 1, ADDL DEPTH LF 2 220 440 WATER MAIN ADJUST WATER VALVE BOX INSTALLATION 611-8140 EA 6 300 TEMPORARY SILT FENCE, TO GRADE 171-0030 TYPE C LF 1000 1.5 1500 500-3101 CLASS A CONCRETE CY 10 310 3100 600-0001 FLOWABLE FILL CY 40 450 18000 611-8120 ADJUST WATER METER BOX EA 6 1540 3240 3 TO GRADE 3300 WATER MAIN ADJUST WATER VALVE BOX 611-8140 EA 6 300 1800 TO GRADE 670-1060 WATER MAIN, 6 IN, DIP LF 100 83 8300 670-1120 WATER MAIN, 12 IN, DIP LF 1000 73 73000 CAP OR REMOVE EXISTING 670-1500 EA 3 1100 3300 WATER MAIN 670-2500 INSERTION VALVE (8-12 IN) EA 4 23000 92000 670-2060 GATE VALVE, 6 IN EA 2 1100 2200 670-2100 GATE VALVE, 12 IN EA 2 2500 5000 670-2002 VALVE MARKER EA 4 140 560 TAPPING SLEEVE & VALVE 7900 31600 669-3087 ASSEMBLY, ALL SIZES 6-12 EA 4 IN 670-4000 FIRE HYDRANT EA 3 3100 9300 SERVICE LINE, 3/4 669-5620 LF 175 22 3850 IN 670-5010 WATER SERVICE LINE, 1 IN LF 100 26 2600 670-5020 WATER SERVICE LINE, 2 IN LF 100 40 4000 STEEL CASING JACK & 615-1000 LF 100 150 15000 BORE, 20" 616-1001 STEEL CASING, 20" LF 100 70 7000 REMOVE EXISTING FIRE 670-9920 EA 3 430 1290 HYDRANT SIGNING AND MARKING HIGHWAY SIGNS, TP 1 636-1033 SF 40 19 760 MATL, REFL SHEETING, TP 9 HIGHWAY SIGNS, TP 1 21 2772 636-1036 MATL, REFL SHEETING, TP 11 SF 132 HIGHWAY SIGNS, TP 2 23 253 636-1045 MATT., REFL SHEETING, TP 11 SF 11 636-2070 GALV STEEL POSTS, TP 7 LF 312 8.5 2652 ROUNDABOUT FISH HOOK 653 ARROWS, TP L EA 2 200 400 ROUNDABOUT FISH HOOK 653 ARROW, TP RT EA 2 260 520 653-0110 THERMOPLASTIC PVMT EA 1 130 130 MARKING, ARROW, TP 1 THERMOPLASTIC PVMT 653-0120 EA 3 130 390 MARKING, ARROW TP 2 THERMOPLASTIC PVMT 653-0132 MARKING ARROW, TP 3A EA 3 170 510 THERMOPLASTIC PVMT 653-0296 EA 6 160 960 MARKING WORD, TP 15 THERMOPLASTIC SOLID 653-1502 TRAF STRIPE, 5 IN, YELLOW LF 2988 0.7 2091.6 THERMOPLASTIC SOLID 653-T 501 TRAF STRIPE, 5 IN, WHITE LF 3462 0.65 2250.3 THERMOPLASTIC SOLID 653-1804 LF 180 3 540 TRAF STRIPE, 8 IN, WHITE THERMOPLASTIC SKIP TRAF 653-3501 GLF 29.4 0.85 249.90 STRIPE, 5 IN, WHITE THERMOPLASTIC TRAF 6536006 STRIPING, YELLOW SY 49 7.5 367.5 653-4830 THERMOPLASTIC SKIP TRAF GLF 200 1.05 210 STRIPE, 18 IN, WHITE RAISED PVMT MARKERS TP 654-1001 EA 77 5 385 EROSION CONTROL - TEMPORARY 163-0232 TEMPORARY GRASSING AC 1 740 740 163-0240 MULCH TN 37 200 7400 163-0300 CONSTRUCTION EXIT EA 2 1400 2800 CONSTRUCT AND REMOVE 700 1400 i 63-0503 EA 2 SILT CONTROL GATE, TP 3 CONSTRUCT AND REMOVE 12 2880 163-0528 FABRIC CHECK DAM - LF 240 TYPE C SILT FENCE CONSTRUCT AND REMOVE 163-0550 EA 12 270 3240 INLET SEDIMENT TRAP MAINTENANCE OF CHECK 6.5 1560 165-0041 LF 240 DAMS - ALL TYPES MAINTENANCE OF SILT 165-0087 EA 2 160 320 CONTROL GATE MAINTFNANCE OF INLET 165-0105 EA 10 75 750 SEDIMENT TRAPS MAINTENANCE OF 165-0101 CONSTRUCTION EXIT EA 2 600 1200 MAINTENANCE OF 0.5 682.5 165-0010 TEMPORARY SILT FENCE, TP LF 1365 A MAINTENANCE OF 0.5 173.5 165-0030 TEMPORARY SILT FENCE, TP LF 347 C WATER QUALITY 160 3840 167-1000 MONITORING AND EA 24 SAMPLING WATER QUALITY 167-1500 MO 12 340 4080 INSPECTIONS 171-0010 TEMP SILT FENCE, TP A LF 1365 1.8 2457 171-0030 TEMP SILT FENCE, TP C LF 347 3 1041 PERMANENT GRASSING Pay Description Unit Unit Price TOTAL Item # 700-7000 AGRICULTURAL LIME TN 5 160 800 700-8000 FERTILIZER MIXED GRADE TN 2 740 1480 FERTILIZER NITROGEN 700-8100 CONTENT LB 79 16 1264 700-9300 SOD SY 7600 5 38000 LANDSCAPING ITEMS BUDDLEIA X 'LO & 702-0096 EA 43 47 2021 BEHOLD' LIGHTING OPTION 2 - SHEPHARD CROOK POLES PER GA POWER LAYOUT PON CALAMGROSTIC X 7.5 840 702-0107 ACUTIFLORA 'KARL EA 112 5 12500 FOERSTER' 682-9020 CERCIS CANADENSIS EA 23 520 15080 702-Oi40 RISING SUN' EA 29 702-0372 ILEX X ' NELLIE R STEVENS' EA 9 450 4050 29 840 702-0414 ILEX GLABRA 'DENSA' EA 29 JUNIPERUS HORIZONTALIS 702-0507 WILTONII EA 355 19 6745 KNIPHOFIA X `MANGO 702-0521 POPSICLE' EA 185 35 6475 LIGUSTRUM SINENSE 702-0553 'SUNSHINE' EA 30 43 1290 LIRIOPE MUSCARI 'BIG 702-0560 BLUE' EA 2292 7.5 17190 LOROPETALUM CHINESE 35 12320 702-0610 RABRUM 'PURPLE EA 352 DAYDREAM' MUHLENBERGIA 7.5 907.5 702-0678 EA 121 CAPILLARIS PENNISETUM 11 1210 702-0759 ALOPECUROIDES EA 110 'CASSIANS CHOICE' 702-0905 QUERCUS PHELLOS EA 19 450 8550 702-9025 LANDSCAPE MULCH SY 2600 3.5 9100 708-1000 PLANT TOPSOIL CY 850 O Lam, LIGHTING OPTION 1 - POLES AND BASES TO BE INSTALLED BY GA POWER OR SAWNEE LIGHTING OPTION 2 - SHEPHARD CROOK POLES PER GA POWER LAYOUT PON CONDUIT, NONMETAL 5 12500 682-6220 TP 2, 1'A IN LF 2500 5 12500 TRICAL JUNCTION 682-9020 BOX EA 23 500 11500 DIRECTIONAL BORE, 2 682-9950 LF 1500 19 28500 LIGHTING OPTION 2 - SHEPHARD CROOK POLES PER GA POWER LAYOUT PON CONDUIT, NONMETAL 5 12500 b$2-6220 TP 2, 1 '/41N LF 2500 TT LIGHTING OPTION 3 - POST TOP POLES PER SAWNEE LAYOUT 682-6220 TRICAL JUNCTION LF 2500 5 12500 682-9020 BOX EA 23 500 11500 682-9020 LIGHTING STD, 20 FT EA 20 500 10000 681-1305 EA 23 7200 165600 681-1120 MH, 2 FT ARM EA 20 7200 144000 LUMINAIRE, TP 3, 100W, 681-63T4 LUMINAIRE, TP 3, 150W, EA 23 510 11730 HP SODIUM or LED 682-1505 CABLE, TP RHH/RHW, LF 2500 1.8 4500 682-1505 AWG NO 8 LF 2500 1.8 4500 AWG NO 8 18000 18000 682-8525 ELECTRICAL POWER EA 1 18000 18000 SERVICE ASSEMBLY 682-8525 SERVICE POINT EA 1 682-9950 (UNDERGROUND LF 1500 19 28500 SERVICE POINT SUB -TOTAL DIRECTIONAL BORE, 2 p� } 682-9950 IF T500 19 28500 LIGHTING OPTION 1 LIGHTING OPTION 3 - POST TOP POLES PER SAWNEE LAYOUT 682-6220 CONDUIT, NONMETAL LF 2500 5 12500 TP 2, 1 'A IN 682-9020 ELECTRICAL JUNCTION EA 20 500 10000 681-1120 LIGHTING STD, 16 FT EA 20 7200 144000 MH, POST TOP 681-6320 LUMINAIRE, TP 3, 150W, EA 20 510 10200 HP SODIUM or LED 682-1505 CABLE, TP RHH/RHW, LF 2500 1.8 4500 AWG NO 8 ELECTRICAL POWER 18000 18000 682-8525 SERVICE ASSEMBLY EA 1 (UNDERGROUND SERVICE POINT 682-9950 DIRECTIONAL BORE, 2 LF 1500 19 28500 SUB -TOTAL p� } BID ESTIMATE LIGHTING OPTION 1 LIGHTING OPTION 2 47 33 c LIGHTING OPTION 3 Miscellaneous Construction $150,000 Hopewell/Thompson: TOTAL PROJECT MILTON10k UrABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Submittal Form - Intersection Improvement Projects - Total 16 Pages Hopewell Road @ Hamby Road Roundabout: Print Bid Price Hopewell Road @ Thompson Road Roundabout: Print Bid Price 2-, 00 Total Bid Price for Both Roundabouts Named Above: Print Bid Price AGI L/ D The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (l 20) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY CMES, INC. ADDR 555 MCDonoui AUTHORIZED SIGNATUR Drive, Norcross, GA. 30093 PRINT / TYPE NAME Ramesh S.Suha ia, TITLE President -: STATE OF GEORGIA BRAD RAFFENSPERGER, Secretary of State State Licensing Board, fsidential and General Contractors LICENSE NO ==` "CQ 006701 Carter$v� O 11 Company Name:'C488, Ttic. w' Company License NO; C>rCVQ0067(k General Contraetoi' QiiAfying Agent EXP DATE - 06/30/2022 Status: Active Issue Date: 05/21/2020 A pocket -sized license card is below. Above is an enlarged copy of your pocket card. Please make note of the expiration date on your license. It is your responsibility to renew your license before it expires, Please notify the Board if you have a change of address. Wall certificates suitable for framing are available at cost, see board fee schedule. To order a wall certificate, please order from the web site — www.sos.state.ga.us/plb. Please refer to Board Rules for any continuing education requirements your profession may require. Georgia State Board of Professional Licensing 237 Coliseum Drive Macon GA 31217 Phone: (844) 753-7825 www. sos. state. ga.us/plb Roy Daniel Miller 570 Old Alabama Rd Cartersville GA 30120 STATE OF GEORGIA BRAD RAFFENSPERGER, Secretary of state ate Licensing Board for Residential and General Contractors License No. GCQA006701 Roy Daniel Miller r - SV Ofd AlabLdRil- Cp ets4ii6A 301W, Company Mme; CNIES, Inc. Compfiny License NO: GCCO006-04 General Contractor Qualifying Agent EXP DATE - 06/3012022 Status: Active Issue Date: '0SI?1/2020 No Text �_:•- `,o� STATE OF GEORGIA Office of the Secretary of State V' Georgia Construction- Industry Licensing Board LICENSE N(: O. � ! UC301152 Chatur B Chhabh Xn 6555 McDonough Dr.- Norcross GA 30093-- utility cntl-actoi EXP DATE - 04/30/2021 Status: Active Issue Date: 06/27/2002 Above is your wall certificate license. A pocket -sized license card is below, Please make note of the expiration date on your license. It is your responsibility to renew your license before it expires. Please notify the Board if you have a change of address. Wall certificates suitable for framing are available at cost, see board fee schedule. To order a wall certificate, please order from the web site — www.sos.state.ga.us/plb, Please refer to Board Rules for any continuing education requirements your profession may require. Georgia State Board of Professional Licensing 237 Coliseum Drive Macon GA 31217 Picone: (478) 207-2440 Toll Free: (844) 753-7825 www.sos.state.ga.us/plb CMES, Inc. 6555 McDonough Dr. Norcross GA 30093 STATE OF GEORGIA Office of the Secretary of State Georgia Constriction jodustry Licensing Board License. No. 0 � (, f UC3Q1152 4 CME5, Xnc: rj 'Chatyr B Chhabhaya ,- - 5555MDonoh Dr. Norcross GA 30093 r Utility Contractor EXP DATE - D4'3OJ2021 Status: Active Issue Date: Qb7/2002 Russell R. McMurry, P.E., Commissioner CMES, Inc. 6555 McDonough Drive Norcross, GA 30093 August 3, 2018 GEORGIA DEPARTMENT OF TRANSPORTATION One Georgia Center, 600 West Peachtree Street, NW Atlanta, Georgia 30308 Telephone., (404) 631-1000 CERTIFICATE OF QUALMCATION Vendor ID: 2CM100 In accordance witli The Rules and Regulations governing the Prequalification of Prospective Bidders, the Georgia Department of Transportation has assigned the following Rating. This Certificate of Qualification is effective on the date of issue and cancels and supersedes any Certificates previously issued: MAXIMUM CAPACITY RATING $131,300,000 CERTIFICATE EXPIRES July 31, 2020 The total amount of incomplete work, regardless of its location and with whom it is contracted, whether in progress or awarded but not yet begun, shall not exceed the Maximum Capacity Rating. If dissatisfied with the Rating, we direct you to the Appeals Procedures in §672-5-.0$ (1) & (2) and §672-1-,05, Rules of the State Department of Transportation. In order to be continuously eligible to bid with this Department, your next application for prequalification must be submitted before the expiration date. if you desire to submit an application some intermediate period before the expiration date, your Rating will be reviewed on the basis of the new application. This Prequalification Certificate is issued for contractors to be eligible for work with the Georgia Department of Transportation (GDOT) only, GDOT does not certify contractors as eligible to do business with entities other than GDOT. SincerelZ4.-.4— Ma Mastronardi, P.E. Chairman, Prequalification Committee/Contmotors NOTE: In lue of General Contractor's License PATE (MMIDbWYYYY) AliCCOR " CERTIFICATE 4F LIABILITY INSURANCE 10/3/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCERCONTACT Brown Brown Insurance of Georgia NAME: WhitneyT hipp - 900 North Paint Parkway, Suite 300 PHONE FAX Alpharetta, GA 30005 M Ir�s,> >!tl: 11prc, No): - - - ADDRESS:._ wshi @ljbaflanla.com DAMAGE RENTED _i i INSURER(S) AFFORDING COVERAGE _ _ NAIC A _ www.bba.tlanta.com _ _ INSURER A; National Fire Insurance Co of Hartford _ 20478 _ INSURED INSURERB: Valley rI§uranceCompany 20508 Inc. —_ ___ _ 6555CME 6555 McDonough Dr. INSURER c: Continental Insurance Company 35289 - Norcross GA 30093 INSURER D : Continental Casualty Company 20443 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 51630027 REVISION NUMBER: THIS IS TO CFRTIFY 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. ENTR, TYPE OF INSURANCE R E DL'SUFDR f N POLICY NUMBER MMLDD/YYYY MMIODIYYYY LIMITS A ✓ + COMMERCIAL GENERAL LIABILITY 6078760291 10/1/2019 10/l/2020 EACH OCCURRENCE $1,000,000 + 1_✓ } DAMAGE RENTED _i i CLAIMS -MADE OCCUR PREM SESO(Ea occurrence $100,000 1—j_ MED FXP (Any one person) $-1 5,000 J ✓ I COntractUal Liability _ _ _ — _ I PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 � PRD- POLICY ✓� JECT LOC PROpUCTS - COMPIDP RGG $2 000 000 OTHER: Contractor's Pollution $ B AUTOMOBILE LIABILITY '6075760307 1011/2019 10/1/2020 COMBINED SINGLE LIMII $ Ea accident 1,OOQ000 ANY AUTO BODfLV ✓ INJURY {Per person) OWNED SCHEDULED J AUTOS ONLY AUTOS BODILY INJURY {Per accident} $ ✓ HfRED NON -OWNED I - I PROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Pe accident ... _ . $. UMBRELLA LIAR / OCCUR ! 16078760324 10/1/2019 10/1/2020 + EACH OCCURRENCE $ 6,000,00_0 EXCESS LIAR I CLAIMS -MADE AGGREGATE $ 6,000,000 _ DED ✓ RETENTION$ 10,000 $ D WORKERS COMPENSATION - 16078760310 10/1/2019 10/1/2020 ,/ STATUTE OTRH- ANDEMPLOYERS'LIABILITY YIN - - i j ANYPROPRIETOR/PARTNER'EXEGUTIVE E.L. EACH ACGJDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? ❑N INIA + -- - - --- j - - - (Mandatory in NH) ? E.L. DISEASE - EA EMPLOYEEI $1,Q00,OQ0 II es, describe under T DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT $1,000,000 A 4Contractor's Pollution 16078760291 $f M per occurrence/ $21M Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS) VEHICLES (ACORD 1a1, Additional Remarks Schedule, may be attached If more space Is required) UEK CMES, Inc. 6555 McDonough Dr, Norcross GA 30093 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 Linde A. Slafta O 1988-2015 ACORD CORPORATION, All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Form W-9 (Rev, August 2013) Department of the Treasury Internal Revenue Service Name (as shown on your CMES, INC Request for Taxpayer Give Form to the Identification Number and Certification requester. Do not send to the IRS. tax return) N I Business nameldisragarded entity name, if different from above rn m p Check appropriate box for federal tax classification: Exemptions (see Instructions): c ° ❑ Individuaysote ropdstor C Corporation S Co p ❑ ❑ Corporation ❑ Partnership ❑ TrustJastate o Exempt payee code (if any) ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ► Exemption from FATCA reporting Lcode ("A any) ac ❑ Other (see instructions)> U 5 Address (number, street, and apt. at suite no.) Requester's name and address;optional) E 6555 MCDONOUGH DRIVE Cfty, state, and ZIP code NORCROSS, GA 30093 list account number(s) here (optional) Taxpayer identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line social security number avoid backup withholding. For individuals, 11719 is your social security number However, for a re peg - m - resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, tt is your employer ldentificatlon number (EIN). If you do not have a number, see Now to get a TiN on page 3. Note. If the account Is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. - 1 z 1 3 1 3 1 1 1 o J a J r Under penalties of perjury, I certify that: The number shown on this form Is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. t am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been noiifled by the internal Revenue Service (IRS) that i am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. l am a U -S. citizen or other U.S. person (defined below, and 4. The FATCA code(s) entered on this form (if any) indicating that i am exempt from FATCA reporting is correct. Certification instructions. You must cross put item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report ail interest and dividends on your tax retum. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3, Q -31wrr Signature of Here I U.S. person ► General instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. The IRS has created a page on IRS.gov for Information about Form W-9, at wwwdrs.gov/w9_ Information about any future developments affecting Form W-9 (such as legislation enacted after we release it) will be posted on that page. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, Income paid to you, payments made to you in settlement of payment card and third party network transactions, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only 4 you are a U.S. person (Including a resident alien), to provide your correct TIN to the person requesting it Ohe raquester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, of 3, Claim exemption from backup withholding if you are a U.S. exempt payee. if applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U S trade or business is not subject it) the Date► as I! d2ozp withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form {If any) Indicating that you are exempt from the FATCA reporting, is correct. Note. It you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to thls Form W-9, Befihition of a U.S. person. For federal tax purposes, you are considered a U.S. person it you are: • An individual who is a U.S, citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7), Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable Income from such business. Further, In certain cases where a Form W-9 has not been received, the rulas under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 wRhholdirig tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S, status and avoid section 1446 withholding on your share ei partnership income. Coi No -0231, i Form yrlr_ c (Rev. B 20 13) d W W 2 V W a LU G 0 H 09 W Z O LL m G � cri C cc ulrztrr V to n. ° E u C W0 c m 0 C est. 996 m •V ,� t0 _ C 0O c S a o [ U gg c .0 V t 2 � c .a E o u O � o E 8 3 � u r W ° 8o u u o A E C CL Wo O c c s u V W C ' CC G � C u W' •o C H 09 W Z O LL m G � cri C cc ulrztrr V to n. ° E u C W0 c m 0 C est. 996 m •V ,� t0 _ C 0O c S a o [ U gg c .0 V t 2 � c .a E o u O � o E 8 3 � u r W ° 8o u u o A E C CL Wo O c c s u C eu� CC caO +• � � C u •o 3 u �,� a U .a. �" ,. -u o c -C G u G c "'a � c u 4 C E ti V H 09 W Z O LL m G � cri C cc ulrztrr V to n. ° E u C W0 c m 0 C est. 996 m •V ,� t0 _ C 0O c S a o [ U gg c .0 V t 2 � c .a E o u O � o E 8 3 � u r W ° 8o u u o A E C CL Wo O c c s u W W CL ui 0 a c c � c •ts � .� C c "a � 3 ro a° U C Wed o 0 C C U� b u c S a ul 'G u hCq N -y G. U O' F u y .� • U ,�=aj a Ci, u •� C .� '� Ou u O wu •� a � � � � .Q is i6 � f� to v v C � tv � y. � cd � Ed CL u cd 0 •� Q„ � •V �+ �' Q V �ri � � •O �n O y G N b fd O c'S7'3 N rn u G c o .� V L tv 44 v Q 3 o C a Q QV C u C O e u .cl OA •V r"• Q U C -e a V ti U li :% V U 0 is o n y `° 3 m" 3 a .°� cu Ca [!� 0 E O "tjO Q] "O U .0 �. - OD U W •p 'd �i "�J U ca a. O w+ C L7a V ,�'� V w w v Ud C i uy' u �. yy C�- y • G L u utj �' 1•+ 06. �u 1 -E y 1$ u wSl C7 3 c v, ea _ aCi c3 c p � ° ° to c° w c v �i ° w O u y r. LC (. v c C °n an ' o y v b 4 �C u u-0 c LL Y +•.YfL'y. - r. G. `3 i Y lV C} 43: •� U E ^ �+ o � � 'o m m tz C ro a p a+ a "O Q O qu L 0 h u aj 1- 06 >, m es b U+ c E T Qto •C 'y C •�, 3 ,� OC c � u y .� o ' •Uy W is G_ Cd A_A U y E N C U 'in V 7CJ E .� O a u = O b r �J IN CMES,INC. REFERENCES Windy Hili Road widening, Cobb county, GA, Project No:D4230/E4020/E4030 The Project Consists of widening Windy Hill Road from 5 lanes to 6 lames with raised median from Cobb Pkway to Spectrum Circle Project: then adding west bound lane from Spectrum Circle to Powers Ferry road left & right turn lanes added at Key intrscM, also includes but not limited to Grading, Asphalt pavements, GAB, T1C, E/G, Drainage,-Ftar- Description: concrete, Concrete CLA & B retaining wails, Gravix Rtng Wall - MSE walls, Traffic signals, Lighting, Paver, tandscaping, Granite rock veneer & rubble masonry walig, Guardrails, Harldralls, Water 111 -les LIM Client: DEPARTMENT OF TRANSPORTATION COBB COUNTY Amount: $15,176,755 Contact: Mr.JEFFREY NEISWENDER /OFFICE ENGINEER Completed: 10/31/2018 Phone: 770-528-3654 Email: Jeffrey-neiswender@cobbcounty.org Project Intersection Improvements CR 824/Jodeco Rd at CR 661/Blackhall Rd & Longwood Drive with 4 Description: 1800'conduits & 7575'Cables with 300' Direction Bore, Signs,Thermoplastic Pavement Markings, Utility coordination & MR599W3 400'Sturrn drain I S'with 1501 & saMty Gram, 11-Odscaping & Sod installation. Client: Board of Commissioners, Henry County, Ga Amount: $1,389,412 Contact: Mr. Roque Romero, Transportation Project Director Completed: 06/24/19 Phone: 770-288-7325 Entail: rrmuniz@co.henry.ga.us Brookwood Road widening from McGinnis Ferry to SR 141,ITB17-63-3150,Pl 12017 1.36 mile Road widening from existing 21anes to 4lanes road construction involved but not only clearing, grading, erosion control, traffic control, installation of road sub-grade,17,150TN GAB, 12,425TN Paving, Concrete- 13,900' curb -gutter & sidewalk, Driveway, Project: Valley Gutter, 5 illwa Median, 4 000' barrier walls, Guard rails & 1,500' Hand rails 5 traffic Signals and Signs with 2800' Directional Bore, Thermoplastic Pavement Markings, Utility coordination & relocates 8,000' Storm drain 18",24",30"136" Description: with 76CB,7D1 & 3JB, 5,500' Water main 6"&8", 16"&24" water main 16"/186'+ 24" 87' jack and bore & 440' open out Client- TRAFFIC & TRANSPORTATION ENGINEERING FORSYTH COUNTY Amount., $7,524,872 Contact: Mr.Tim L. Allen / Assistant Director Completed: 08/01/19 Phone: 770-781-2165 Email: tlallen@forsythcounty.com Gdot proposal ID: 1314998-15-000-0, call #018, Project No :0009316, Forsyth county, Project: 5.152 miles of widening 2 lane to 4lanes and reconstruction on Bethelview rd (CR 455) beginning at Castleberry rd inter midate bent and approaches over big creek. RCBC tbl-189'x10'x9'-5'fN over Chatam Creek., FICC Rtng walls, Description: MSE walls. Drainage. Signals, signs, waterline. Brick pavers. Erosion & traffic control Guard rail Chailink fence., Client: Georgia State Department of Transportation Amount: $36,914,437 Contact: Sabastein Nesbitt,Gdot, Area Engineer Phone: 404-326-5104 Completed: 6/30/2019 Email: snesbitt@dot-ga.gov Five Forks Trickum Rd (Oak Rd - Ronald Reagan Pkwy - Killian Hill Rd) Prect: Projecte No: F -0549-01/M-0669-01 /M-0685-31 /F-1130-02 includes but not only 2.83 m! of o j clearingsgrubbing, roadway widening, asphalt paving, C&G. S/W, striping 3700' Guard rail ATMs-ITS,6 traffic signals, Directional bore 3'/4375', 5'/245', 7'Y430',.ATMS, RCBC sbl - 176'x8'x6'-14'fill, SDRCP, 18"18540', 24"11413', 301113180', Description., 36"/52', 88CB, 22DI, 35MH, Water Main DIP 18"/1493', 8"/87', 6"121' SSewer DIP -8"120', FH, Wet Cuts 6",8",16", lapping & Sleeves, tiervice line, ny pass pumping, tee asmg open cu Client: Board of Commissioners, Gwinneff county, Ga Amount: $11,570,143 Contact: Mr. Hank Collins, Engineer Completed: 6/30/2019 Phone: (770) 263-5945 Email: hcollins@maai.net M I LTO N*t ESTABLISHED 2006 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 20-PWi 5 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor. motes@cItyofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: CMES, INC. CONTACT PERSON: Pravin Patel ADDRESS: 6555 McDonough Drive CITY: Norcross, STATE: GA PHONE: 770-982-1905 FAX: ZIP: 30093 770-982-1907 EMAIL DRESS: ramesh.s(@cmesinr,.net',-pravin.pCo)cmesinc.net 08/18/2020 Signature amesh S.SUhagia, President Date ADDENDUM ##1 IIl}��G 1TB20-PW 1 S - Addendum ADDENDUM #1 ITB 20-PW15 Questions and Answers This Addendum forms a part of the contract documents and modifies the original ITB documents as noted below: 1. 1 cannot download plans from the bid documents - Since this original question we have received additional comments regarding accessibility for the plan links. The links have been reformatted into smaller sized files and are attached below. Information contained in the links is the same as originally posted in the ITB. Only the link format has been changed. • Hopewell at Hamby (1 of 2): littp://miltonintersectionproiects.com/ - content/uploads/2020/08/MIL-008_Final _2020-07-13 24x36-1-of-2.pdf • Hopewell at Hamby (2 Of 2): http://miltonintersectionprojects.com/wl2- content/u loads/2020/08/MIL-008 Final 2020-07-I3 24x362 -of -2. df • Hopewell at Thompson (1 of 2): http://miltonintersectionproicets.com/wv- content/u loads/2020/08/MIL-006 Final 2020-07-13 2406-1-of-2.pd • Hopewell at Thompson (2 of 2): http://miItonintersectionl2rQjects.comJwp- content/u loads/2020/08/MIL-006 Final 2020-07-13 24x36 -2 -of -2. df * Lighting Options: http://miltonintersectionprojects.com/wT- content/uploads/2020/08/intersection-Prof ect-Light-Detai ls.zip 21Pagc ITB20-PNS' 1 5 -Addendum = 1 MILTON*k ESTABLISH ED 2006 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #2 !TB 20-PWIS 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 ITS. COMPANY NAME: CME$, INC. CONTACT PERSON: Pravin Patel ADDRESS: 6555 McDonough Drive CITY: Norcross, STATE: GA PHONE: 770-982-1905 ZIP: 30093 PAX: 770-982-1907 EMAIL ADDRESS: _. ramesh.s0cmesinc.net: pravin.p(acmesinc.net LFA ^ - 08/18/2020 Signature Ra . u agia, President Date ADDENDUM #2 I I P a g e ITB_{ - PW 1 5-Addt'f1L uni #2 ADDENDUM #2 ITB 20-PW15 Questions and Answers This Addendum forms a part of the contract documents and modifies the original ITB documents as noted below: 1. Would the city please add pay items for the Thermoplastic Fishhook arrows that are shown in the plans on both roundabouts? See attached revised bid form. 2. In the proposal on page #23 it states Hopewell at Thompson Parcels 1, 3 and 4 will require a replacement asphalt trail where existing path is to be removed. Would the city provide a linear foot and typical section of the proposed trail, so all contractors are bidding the same? The 8' wide asphalt trail will be approximately 180' in length and will be constructed with 4" of compacted GAB and 2" of 19 MM asphalt. Quantities have been added to the revised bid form. 3. In the proposal on page #24 it states Hopewell at Hamby Parcel 1 that the Contractor will remove and replace the existing gate and two brick columns, lighting and existing supporting power supply to the lights. There is a pay item "RESET GATE", are the brick columns, lighting, and power relocation to be included in the reset gate pay item? Yes 4. In the proposal on page #25 it states Hopewell at Hamby Parcel 4 that the curb and gutter is to be extended along the Hopewell Road frontage to existing flume to the north at approximate station 409+25 RT. Is this quantity included in the bid quantity for curb and gutter or is this incidental to the, The quantity is included in the line item. 5, In the proposal on page #25 it states Hopewell at Hamby Parcel 4 that the catch basin and pipe connecting to structure is to be added and details will be provided during construction. Is this scope of work to be included in the pricing for this project? If so, would the city give more clarity on this? Size pipe, length, profile of pipe and structure for depth. The scope is to be included in the price for this project. Quantities are reflective in the pay items under curb & gutter, 18" pipe and catch basin. 6. in the proposal on page #30 it states the contractor is responsible for all QC and QA testing. Will the contractor be permitted to do their own QA in house or will a 3rd party firm be required for this as well as the QC? Testing should be from a 31" party firm. 7. In the proposal on page #37, pay item 171-0010 TEMPORARY SILT FENCE TYPE A is listed twice on the bid form, one with a quantity of 853 LF and the other 905 LF. Would the city please review this and correct it? See revised bid form. 8. In both sets of plans, there is a general note that states "WHERE WET SUBGRADE IS ENCOUNTERED AND IDENTIFIED BY THE ENGINEER, UNDERDRAIN PIPE WITH DRAINAGE AGGREGATE SHALL BE PLACED AS DIRECTED BY THE ENGINEER TO AID IN DEWATERING THE SUBGRADE." Since the contractor has no way of knowing and quantifying the amount of underdrain that will be required during 21Pagr 1TB20-PW1-Addeildun3 w, construction, would the city please establish an underdrain pay item for this scope of work? Please see revised bid form. 9. The plans and bid items list show the truck aprons as Class 1 Concrete Paving (Section 430). Typically, this item is only on larger projects (>50,000 SY). Due to the limited quantity on this job, would the city please revise the pay item to Class 3 Concrete Paving (Section 439). See revised bid form. 10. In the Hopewell at Thompson Rd plans sheet #06-0001 calls out Utility Relocation pay items on the summary of quantities for Sawnee EMC and Fulton County Water & Sewer as lump sum items. Will the contractor be responsible for these items? If so, would the city please provide more information and add them to the bid form? Disregard item summary sheets for these 2 pay items. Water main work is listed in bid forms under separate pay items. 11. Lighting Drawings / Specifications: For Lighting Options 2 & 3 (city owned lighting), will the city be providing engineered drawings showing pole, juncfion box, and service point locations, as well as, service point, wiring, junction box and foundation specifications? If no drawings are to be issued, could the city provide the service point, junction box, and foundation specifications (both pole types/sizes) for bidding accuracy purposes? No engineered drawings are available. If either option 2 or 3 is selected, the City will review the materials and specifications quoted and assumptions made to determine final cost with contract. 12. Will you be publishing Construction details for asphalt scope? See GDOT specifications sections 400 and 402. 13. What is the City's anticipated budget for this project? Not available. 14. What is the anticipated start date for this project? October 2020, 15. Will these projects be awarded to one contractor or are you allowing them to be separated and awarded to two different contractors? Will be awarded to one contractor 16. Does the "Total Project" total at the bottom of each project need to include all 3 lighting options or does the total only need to include the sub total bid estimate plus the miscellaneous construction price? Could you explain a little further how you want this to look. We just need to know if the lighting options will need to be included in the sub total and total of each project? "Total Project" for each project should include subtotal plus only Lighting Option 1 as well as the Misc Construction. 17. Could you please state the size of the of the Tapping Sleeve and Valve Assembly for pay items #669-3087, #670-3108 (Hamby) and 669-3087 (Thompson). We just need to know the size of the new line and existing line we will be tying into. See revised bid form_ 18. Can you please confirm the size of the casing and Jack and bore for each project in the bid schedule? See attached revised bid form. 19, There are 2 pay items for Temporary Silt Fence Type A (# 171-0010). One has 853 If and the other has 905 If. Is this correct or has something been duplicated? See revised bid form. 20. Can you please clarify a size for the 16 - Landscape Boulders on Hamby? See detail on sheet 29-0001. 21. Can you please confirm what size directional boring you are wanting us to price for the lighting items? See attached revised bid form. 31Pagc 1TB20-PAV15-Add cndum ;eR 22. Pay Item # 668-3311 is called out as Sanitary Sewer Manhole TP 1, Add Depth, CL 1, is this correct or is that supposed to be Catch Basin Add Depth? That is correct; see revised bid form. 23. For the waterlines I am seeing 12" on both sections but don't see any on the bid form. Am I missing anything? See attached revised bid form. 24. Who will be responsible for landscaping maintenance services such as watering, mowing, pruning, fertilizers and etc. for 2 years? The Contractor is responsible until final acceptance which includes 1 year of maintenance. 25. Will the City accept a Contractor that has completed roundabouts within 3-5 years? The Contractor must be prequalified with the Georgia Department of Transportation. 3 to 5 years is acceptable. **The REVISED Bid Schedule below replaces the Original Bid Schedule in the ITB** 4jPaP 1TB20-PWI >- Addendum ,=2 Exhibit “B” ~ Please note the original price contained mathematical errors which have been corrected below in Exhibit “B” ~ � / I IN ESMBLISHED 2066 "REVISED BID SCHEDULE HOPEWELL ROAD @ HAMBY ROAD ROUNDABOUT 8 SHEETS Pay Description TnifQ�ontity Unit Price TOTAL Item # ROADWAY ITEMS 150-1000 TRAFFIC CONTROL- 161145 461145 USER UNIT PRICE 210-0100 GRADING COMPLETE LS 1 292710 292710 310-1101 GR AGGR BASE CRS, INCL MATL TN 3042 28 85176 RECYCLED ASPH 150 32250 402-1812 CONC LEVELING, INCL TN 215 BITUM MATL & H LIME RECYCLED ASPH 130 35750 CONC 12.5 MM 402-3130 SUPERPAVE, GP 2 TN 275 ONLY, INCL BITUM MATL & H LIME RECYCLED ASPH 115 53475 CONC 19 MM 402-3190 SUPERPAVE, GP 1 OR TN 465 2,INCL BITUM MATL & H LIME RECYCLED ASPH 105 75600 CONC 25 MM 402-3121 SUPERPAVE, GP 1 OR TTN72(0 2, INCL BITUM MATL & H LIME 413-0750 TACK COAT GL 325 4 1300 PLAIN PC CONC 110 46200 439-0022 PVMT, CL 3 CONC, 10 SY 420 INCH THK 441-0016 DRIVEWAY CONCRETE, SY 21 53 1113 b IN TK 441-0756 CONCRETE MEDIAN, 8 SY 342 91 31122 441-4020 CONC VALLEY SY 15 53 795 GUTTER, 6 IN 441-5008 CONCRETE HEADER LF 856 13 CURB, 6 IN, TP 7 11128 441-5025 CONCRETE HEADER LF 436 14 6i 04 CURB, 4 IN, TP 9 CONC CURB & 441-6222 GUTTER, 8 IN X 30 IN, TP LF 21 1534 214 2 PVMT REINF FABRIC 3.5 446-1100 STRIPS, TP 2, 18 IN LF 630 5 WIDTH f20825 RESET GATE, INCL 5000 611-4996 BRICK COLUMNS, LS 1 0 LIGHTING, ETC. 641-1100 GUARDRAIL, TP T LF 425 49 641-5001 GUARDRAIL RAIL EA 2 1900 ANCHORAGE, TP 1 3800 641-5012 GUARDRAIL EA 2 3800 7600 ANCHORAGE, TP 12 643-8200 BARRIER FENCE LF 355 1 355 (ORANGE), 4 FT 643-8405 FENCE, SPECIAL LF 64621 13566 DESIGN DRAINAGE ITEMS 441-0303 CONC SPILLWAY, TP 3 EA 2 1900 3800 441-0304 CONIC SPILLWAY, TP 4 EA 2 1900 3800 500-3800 CLASS A CONCRETE, CY 3 1300 INCL REINF STEEL 3900 550-1180 STORM DRAIN PIPE, 18 LF 445 50 IN, H 1-10 z225a 550-1240 STORM DRAIN PIPE, 24 LF 8058 IN,H 1-10 4640 550-1300 STORM DRAIN PIPE, 30 LF 40 99 IN, H 1-10 3960 SAFETY END SECTION 550-3318 18 IN, STORM DRAIN, EA 1 1700 1700 4:1 573-2004 UNDDR PIPE INCL LF 300 12 DRAINAGE AGGR, 4 IN 3600 603-2181 STN DUMPED RIP RAP, SY 849 42 TP 3, 18 IN 3565$ 603-7000 PLASTIC FILTER FABRIC SY 849 4 3396 668-1100 CATCH BASIN, GP 1 EA 5 32aa 16000 668-3311 CATCH BASIN, Addl LF 2 Depth, CL 1 330 660 668-4304 STORM SEWER EA 1 2000 MANHOLE, TP 1 IWATER MAIN .INSTALLATION *3000 171-0030 TEMPORARY SILT LF 2000 1.5 FENCE, TYPE C 500-3107 CLASS A CONCRETE CY 3 310 930 600-0001 FLOWABLF FILL CY 20 450 9000 611-8120 ADJUST WATER METER EA 2 540 BOX TO GRADE 1080 611-8140 ADJUST WATER VALVE EA 2 300 BOX TO GRADE 600 670-1060 WATER MAIN, 6 IN, DIP LF 60 83 4980 670-1120 WATER MAIN, 12 IN, LF 1950 73 142350 DIP 670-1500 CAP OR REMOVE EA 4 1100 4400 EXISTING WATER MAIN 670-2500 IN; ERTION VALVE {8-12 EA 1 21000 21000 670-2060 GATE VALVE, 6 IN EA 4 1100 4400 670-2100 GATE VALVE, 12 IN EA 2 2500 5000 670-2002 VALVE MARKER EA 50 98 4900 TAPPING SLEEVE & 7900 31600 669-3087 VALVE ASSEMBLY, ALL EA 4 SIZES 6-12 IN 670-4000 FIRE HYDRANT EA 4 3100 12400 669-5620 WATER SERVICE LINE, LF 100 22 3/41 N 2200 670-5010 SERVICE LINE, 1 LF 60 26 IN 1560 670-5020 SERVICE LINE, 2 LF 50 40 IN 2000 615-1000 STEEL CASING JACK & LF 40 150 BORE, 20" 6000 616-1001 STEEL CASING, 20" LF 40 70 2800 670-9710 RELOCATE EXISTING EA 1 980 FIRE HYDRANT 980 RELOCATE EXISTING 270 540 670-9720 WATER VALVE, INC 2 BOX RELOCATE EXISTING JEA 700 1400 670-9730 WATER METER, INC 2BOX 670-9920 REMOVE EXISTING FIRE 1 430 HYDRANT 430 Ess-sa5a ADJUST MANHOLE TO EA 1 7800 1800 GRADE SIGNING AND MARKING HIGHWAY SIGNS, TP 1 19 636-1033 MATL, REFL SHEETING, SF 40 760 TP 9 HIGHWAY SIGNS, TP 1 21 2373 636-1036 MATL, REFL SHEETING, SF 113 TP 1 1 636-2070 7 ALV STEEL POSTS, TP LF 323 18.5 2745.5 653 ROUNDABOUT FISH EA 2 200 HOOK ARROWS, TP L 400 653 ROUNDABOUT FISH EA 2 260 HOOK ARROW, TP RT 520 THERMOPLASTIC PVMT 130 653-0110 MARKING, ARROW, TP 1 EA 2 260 653-0120 THERMOPLASTIC PVMT EA 1 130 1 130 J MARKING, WORD, TP 2 THERMOPLASTIC PVMT 640 653-0296 MARKING, WORD, TP EA 4 1160 15 THERMOPLASTIC SOLID 0.7 1353.8 653-1502 TRAF STRIPE, 5 IN, LF 1934 YELLOW THERMOPLASTIC SOLID0.6 1387.8 653-1501 TRAF STRIPE, 5 IN, LF 2313 WHITE THERMOPLASTIC SKIP 0.85 110.5 653-3501 TRAF STRIPE, 5 IN, GLF 130 WHITE THERMOPLASTIC SKIP 0.9 65.7 653-3502 TRAF STRIPE, 5 IN, GLF 73 YELLOW 653-6004 THERMOPLASTIC TRAF SYE7.48 STRIPING, White 44 653-6006 THERMOPLASTIC TRAF SyE65L 486.2 STRIPING, YELLOW M THERMOPLASTIC SKIP 1.05 102 9 653--4830 TRAF STRIPE, 18 IN, GLFF36 WHITE 654-1001 RPAIISED PVMT MARKERS EA 5 180 EROSION CONTROL - TEMPORARY 163-0232 TEMPORARY AC 1 740 740 GRASSING 163-0240 MULCH TN 1 530 BE) 63 v 1400 2800 163-0300 CONSTRUCTION EXIT EA 2 CONSTRUCT AND 700 163-0503 REMOVE SILT EA 1 700 CONTROL GATE, TP 3 CONSTRUCT AND 270 2160 163-0550 REMOVE INLET EA 8 SEDIMENT TRAP 165-0087 MAINTENANCE OF SILT EA 1 160 CONTROL GATE 160 165-0105 MAINTENANCE OF EA 8 75 INLET SEDIMENT TRAPS 600 165-0101 MAINTENANCE OF EA 2 600 1200 CONSTRUCTION EXIT MAINTENANCE OF 165-0010 TEMPORARY SILT LF 453 0.5 226,5 FENCE, TP A MAINTENANCE 0-5 426.5 165-0030 TEMPORARY SILT LF 853 FENCE, TYPE C WATER QUALITY 100 2400 167-1000 MONITORING AND EA 24 SAMPLING 167-1500 WATER QUALITY MO 12 250 3000 INSPECTIONS 171-0010 TEMP SILT FENCE, TP A LF 905 2.00 1810 171-0030 TEMP SILT FENCE, TP C LF 1705 3.5 5967,50 PERMANENT GRASSING Pay Item # Description Unit Quantity Unit Price TOTAL 700-7000 AGRICULTURAL LIME TN 2 160 320 M 700-8000 FERTILIZER MIXED TN 1 740 740 GRADE 700-8100 FERTILIZER NITROGEN LB 25 16 400 CONTENT 700-9300 SOD SY 2305 5 11525 716-2000 EROSION CONTROL SY 842 1.35 1136.70 MATS, SLOPES LANDSCAPING ITEMS 702-0006 Abelia X Grandiflora EA 79 30 2370 Rose Creek Amelanchier X 530 12190 702-0051 Grandiflora Autumn EA 23 Brilliance Cercis Canadensis 530 1590 702-0140 Rising Sun EA 3 Distylium Hybris 702-0248 Blue Cascade EA 46 46 2116 Hererocallis X 14 2562 702-0330 Purple D' oro EA 183 702-0330 yemerocallis X EA 183 12 2196 Stella D'oro 702-0500 Juniperus Confera EA 305 27 8235 Blue Pacific Lagerstroemia Indica 702-0542 X Fauriei Natchez EA b 550 3800 Ligustrum Sinense 702-0550 Sunshine EA 32 44 1408 702-0559 Lirope Muscari Big Blue EA 1330 8 10640 Loropetalum Chinese 3312 702-0610 Rubrum Purple EA 92 136 Daydream 4 laao 702-9025 Landscape Mulch SY 450 708-1000 Plant Topsoil CY 150 40 6000 Ornamental 900-0000 Landscape Boulders EA 16 370 5920 LIGHTING OPTION 1 — POLES AND BASES TO BE INSTALLED BY GA POWER OR SAWNEE 682-6220 CONDUIT, NONMETAL, LF 1500 5 7500 TP 2, 1 1/4 IN 682-9020 ELECTRICAL JUNCTION EA 11 500 5500 682-9950 BORE, 2 LF 1500 19 28500 DIRECTIONAL LIGHTING OPTION 2-SHEPHARD CROOK POLES PER GA POWER LAYOUT 682-6220 CONDUIT, NONMETAL, LF 1500 5 `0550 TP 2, 1 114 IN o{ c7D 682-9020 BOX TRICAL JUNCTION EA 1 1 500 5500 681-T305 LIGHTING STD, 20 FT EA 1 1 7200 79200 MH, 2 FT ARM 681-6314 LUMINAIRE, TP 3, 100W, EA 11 510 5610 HP SODIUM or LED 682-1505 CABLE, TP RHH/RHW, IAWGN08 LF 1500 1.9 2700 ELECTRICAL POWER 18000 18000 682-8525 SERVICE ASSEMBLY EA i (UNDERGROUND SERVICE POINT 682-9950 BORE, 2 LF 1500 19 28500 DIRECTIONAL LIGHTING OPTION 3 - POST TOP POLES PER SAWNEE LAYOUT 682-6220 CONDUIT, NONMETAL, LF 1500 5 TP 2,1 1/4 IN 682-9020 BOX TRICAL JUNCTION EA 1 1 500 5500 681-1120 LIGHTING STD, 12 FT EA 11 7200 79200 MH, POST TOP 681--6320 LUMINAIRE, TP 3, 150W, EA 11 510 �5610 HP SODIUM or LED 682-1505 IAWGN08 CABLE, TP RHH/RHW, LF 1500 1.8 2700 ELECTRICAL POWER 18000 18000 SERVICE ASSEMBLY 682-$525 (UNDERGROUND EA 1 SERVICE POINT 682-9950 BORE, 2 LF 1500 19 28500 DIRECTIONAL SUB -TOTAL BID ESTIMATE 77 ! LIGHTING OPTION 1 LIGHTING OPTION 2 v III 3 dl0 •v *REVISED BID SCHEDULE HOPEWELL ROAD @ THOMPSON ROAD ROUNDABOUT 7 SHEETS Pay Description Item # Unit Quantity Unit Price TOTAL ROADWAY ITEMS 530597 310-1101 GR AGGR BASE CRS, INCL TN i rn 1 nnn TRAFFIC CONTROL - USER < <, 127 ��oo� -- „""" UNIT PRICE — I `Joo" 210-0100 GRADING COMPLETE LS 1 530597 530597 310-1101 GR AGGR BASE CRS, INCL TN 1 5607 127 151389 MATL AGGR SURF CRS, INCL 27 702 31 B-3000 TN 26 MATL RECYCLED ASPH CONC 160 27200 402-1812 LEVELING, INCL BITUM TN 170 MATL & H LIME RECYCLED ASPH CONC 115 60835 402-3130 12.5 MM SUPERPAVE, GP 2 TN 529 ONLY, INCL BITUM MATL & H LIME RECYCLED ASPH CONC 19 110 92290 MM SUPERPAVE, GP 1 OR 402-3190 2,INCL BITUM MATL & H TN 839 LIME RECYCLED ASPH CONC 25 105 120750 402-3121 MM SUPERPAVE, GP i OR TN 1 150 2, INCL BITUM MATL & H LIME 413-0750 TACK COAT GL 641 5 3205 439-0022 PLAIN PC CONC PVMT, CL SY 785 120 94200 3 CONC, 10 INCH THK 441-0016 DRIVEWAY CONCRETE, 6 SY 375 53 19875 IN TK 441-0104 CONC SIDEWALK, 41N SY 48 43 2064 SIDEWALK TRAIL, 4 441-0104 NONC SY 200 43 8600 441-0756 CONCRETE MEDIAN, 8 IN SY 361 91 32851 441-4020NONC VALLEY GUTTER, 6 SY 43 43 1849 CONCRETE HEADER CURB, 441-5008 6 IN, TP 7 LF 873 17 14841 441-5025 CONCRETE HEADER CURB, LF 961 17 16337 4 IN, TP 9 441-6222 CONC CURB & GUTTER, 8 INX301N,TP2 LF 1356 16 - Z 1�b96,00 446-1100 PVMT REINF FABRIC STRIPS, LF 909 3 TP 2,18 1N WIDTH 641-1100 GUARDRAIL, TP T LF 100 49 14900 641-5001 GUARDRAIL RAIL EA 1 1900 ANCHORAGE, TP 1 641-5012 GUARDRAIL ANCHORAGE, EA 1 3800 TP 12 634-1200 RIGHT OF WAY MARKERS EA 17 50 850 643-8200 BARRIER FENCE LF 93 1 (ORANGE), 4 FT 93 21 15414 643-8405 FENCE, SPECIAL DESIGN LF 734 DRAINAGE ITEMS STORM DRAIN PIPE, 18 IN, 550-1180 H 1-10 LF 912 45 41040 550-1240 STORM DRAIN PIPE, 24 IN, LF 120 58 6960 H 1-10 550 2180 �O E DRAIN PIPE, 18 IN, H 1- LF 128 40 5120 550-3324 SAFETY END SECTION 241N, EA 1 3500 STORM DRAIN, 4:1 3500 550-3318 SAFETY END SECTION 18 IN, EA 1 1700 STORM DRAIN, 4:1 1700 FLARED END SECTION 18 550-4118 IN, SIDE DRAIN EA 7 1700 11900 573-2004 UNDDR DRAIN PIPE INCL LF 300 17 5100 DRAINAGE AGGR, 4 IN 603-2181 STN DUMPED RIP RAP, TP 3, SY 16 42 18 IN 672 603-7000 PLASTIC FILTER FABRIC SY 16 4 64 668-1100 CATCH BASIN, GP 1 EA 7 3200 22400 I CATCH BASIN, GP 1,ADDL EE 668-1110 DEPTH LF 2 220 440 668-2100 DROP INLET, GP 1 EA 3 2100 6300 668-4300 STORM SEWER MANHOLE, EA 1 2000 2000 STORM SEWER MANHOLE, 668-4311 TP 1, ADDL DEPTH LF 2 220 440 WATER MAIN INSTALLATION 177-0030 TEMPORARY SILT FENCE, LF 1000 1.5 1500 TYPE C 500-3101 CLASS A CONCRETE CY 10 1310 3100 600-0001 FLOWABLE FILL CY 40 450 18000 611-8120 ADJUST WATER METED BOX EA 6 540 TO GRADE 3240 611-8140 ADJUST WATER VALVE BOX EA 6 300 TO GRADE 1800 670-1060 WATER MAIN, 6 IN, DIP LF 100 83 8300 670-1120 WATER MAIN, 12 IN, DIP LF 1000 73 73000 670-1500 CAP OR REMOVE EXISTING EA 3 11100 3300 WATER MAIN 670-2500 INSERTION VALVE (8-12 IN) EA 4 23000 92000 670-2060 GATE VALVE, 6 IN EA 2 1100 2200 670-2100 GATE VALVE, 12 1N EA 2 2500 5000 670-2002 VALVE MARKER EA 4 140 560 TAPPING SLEEVE & VALVE 31600 669-3087 ASSEMBLY, ALL SIZES 6-12 EA 4 17900 IN 670-4000 FIRE HYDRANT EA 3 3100 9300 SERVICE LINE, 3/4 669-5620 LF 175 22 IN 3850 670-5010 WATER SERVICE LINE, 1 IN LF 100 26 2600 670-5020 WATER SERVICE LINE, 2 IN LF 100 40 4000 615-1000 STEEL CASING JACK & LF 100 150 15000 BORE, 20" 616-1001 STEEL CASING, 20" LF 100 70 7000 670-9920 REMOVE EXISTING FIRE EA 3 1430 1290 HYDRANT SIGNING AND MARKING HIGHWAY SIGNS, TP 1 636-1033 MATL, REFL SHEETING, TP 9 SF 40 19 760 HIGHWAY SIGNS, TP 1 21 2772 636-1036 MATL, REFL SHEETING, TPSF 71 132 HIGHWAY SIGNS, TP 2 23 253 636-1045 MAT'L, REFL SHEETING, TP SF 11 11 636-2070 GALV STEEL POSTS, TP 7 LF 312 8.5 2652 653 ROUNDABOUT FISH HOOK ARROWS, TP L EA 2 200 .400 653 ROUNDABOUT FISH HOOK ARROW, TP RT EA 2 260 520 653-0T 10 THERMOPLASTIC PVMT EA 1 130 130 MARKING, ARROW, TP 1 653-0120 THERMOPLASTIC PVMT EA 3 130 390 MARKING, ARROW TP 2 653-0132 THERMOPLASTIC PVMT EA 3 170 510 MARKING ARROW, TP 3A 653-0296 THERMOPLASTIC PVMT EA 6 160 960 MARKING WORD, TP 15 653-1502 THERMOPLASTIC SOLID LF 2988 10.7 2091.6 TRAF STRIPE, 5 IN, YELLOW 653-1501 THERMOPLASTIC SOLID LF 3462 0.65 2250.3 TRAF STRIPE, 5 IN, WHITE 653-1804 THERMOPLASTIC SOLID LF 180 3 [540 TRAF STRIPE, 8 IN, WHITE 653-3501 THERMOPLASTIC SKIP TRAF GLF 294 0.85 249.90 STRIPE, 5 IN, WHITE 653-6006 THERMOPLASTIC TRAF SY 49 7.5 367.5 STRIPING, YELLOW 653-4830 THERMOPLASTIC SKIP TRAF GLF 200 1.05 210 STRIPE, 18 IN, WHITE 654-1007 RAISED PVMT MARKERS TP EA 77 5 385 EROSION CONTROL - TEMPORARY 763-0232 TEMPORARY GRASSING AC 1 740 740 163-0240 MULCH TN 37 200 7400 163-0300 CONSTRUCTION EXIT EA 2 1400 2800 CONSTRUCT AND REMOVE 700 1400 163-0503 EA 2 SILT CONTROL GATE, TP 3 CONSTRUCT AND REMOVE 12 2880 163-0528 FABRIC CHECK DAM - LF 240 TYPE C SILT FENCE 163-0550 CONSTRUCT AND REMOVE EA 12 1270 3240 INLET SEDIMENT TRAP MAINTENANCE OF CHECK 6.5 1560 165-0041 DAMS - ALL TYPES LF 240 165-0087 MAINTENANCE OF SILT EA 2 160 320 CONTROL GATE 165-0105 MAINTENANCE OF INLET EA 10 75 750 SEDIMENT TRAPS 165-0101 MAINTENANCE OF EA 2 600 1200 CONSTRUCTION EXIT MAINTENANCE OF 0.5 682.5 165-0010 TEMPORARY SILT FENCE, TP LF 1365 A MAINTENANCE OF 0.5 173.5 165-0030 TEMPORARY SILT FENCE, TP LF 347 C WATER QUALITY 160 3840 167-1000 MONITORING AND EA 24 SAMPLING 167-1500 WATER QUALITY MO 12 340 4080 INSPECTIONS T 71 -0010 TEMP SILT FENCE, TP A LF 1365 1.8 2457 171-0030 TEMP SILT FENCE, TP C LF 347 3 1041 PERMANENT GRASSING Pay Item # I Description Unit Unit Price TOTAL 700-7000 AGRICULTURAL LIME TN 5 160 800 700-8000 FERTILIZER MIXED GRADE TN 2 740 1480 700-8100 FERTILIZER NITROGEN LB 79 16 1264 CONTENT 700-9300 SOD SY 7600 5 38000 LANDSCAPING ITEMS 702-0096 BUDDLEIA X `LO & EA 43 47 2021 BEHOLD' 14 CALAMGROSTIC X 7.5 840 702-0107 ACUTIFLORA'KARL EA 112 FOERSTER' CERCIS CANADENSIS 520 15080 702-0140 RISING SUN' EA 29 702-0372 ILEX X ' NELLIE R STEVENS' EA 9 450 4050 84E�- 702-0414 ILEX GLABRA 'DENSA' EA 29 129 JUNIPERUS HORIZONTALIS 702-0507 WILTONII EA 355 19 F6745 702-0521 KNIPHOFIA X 'MANGO EA 185 35 6475 POPSICLE' LIGUSTRUM SINENSE 702-0553 SUNSHINE EA 30 43 1280 LIRIOPE MUSCARI 'BIG 702-0560 BLUE EA 2292 7.5 17190 LOROPETALUM CHINESE 35 12320 702-0610 RABRUM 'PURPLE EA 352 DAYDREAM' MUHLENBERGIA 7.5 907.5 702-0675 CAPILLARIS EA 121 PENNISETUM 11 1210 702-0759 ALOPECUROIDES EA 110 'CASSIANS CHOICE' 702-0905 QUERCUS PHELLOS EA 19 450 8550 702-9025 LANDSCAPE MULCH SY 2600 3.5 9100 70$-1000 PLANT TOPSOIL CY 850 LIGHTING OPTION 1 - POLES AND BASES TO BE INSTALLED BY GA POWER OR SAWNEE CONDUIT, NONMETAL 682-6220 TP 2, 1 'A IN LF 2500 5 12500 TRICAL JUNCTION 682-9020 BOX EA 23 500 11500 682-9950 DIRECTIONAL BORE, 2 LF 1500 j 19 28500 I 1 IN LIGHTING OPTION 2 - SHEPHARD CROOK POLES PER GA POWER LAYOUT 682-6220 CONDUIT, NONMETAL LF 2500 5 12500 CO TP 2, 1 '/4 IN TP � 14 682-9020 BOX TRICAL JUNCTION EA 23 500 11500 681-1305 LIGHTING STD, 20 FTEA 23 7200 165600 MH, 2 FT ARM 681-6314 LUMINAIRE, TP 3, 100W, EA 23 510 11730 HP SODIUM or LED 682-1505 IAWGN08 CABLE, TP RHH/RHW, LF 2500 1.8 4500 ELECTRICAL POWER 18000 18000 682-8525 SERVICE ASSEMBLY EA 1 (UNDERGROUND SERVICE POINT 682-9950 BORE, 2 LF 1500 19 28500 DIRECTIONAL LIGHTING OPTION 3 - POST TOP POLES PER SAWNEE LAYOUT 682-6220 CONDUIT, NONMETAL 0 5 12500 TP 2, 1'/a IN 682-9020 ELECTRICAL JUNCTION tEA20 500 10000 6$1-1120 LIGHTING STD, T6 FT 7200 144000 MH, POST TOP 681-6320 LUMINAIRE, TP 3, 150W, EA 20 510 10200 HP SODIUM or LED 682-1505 CABLE, TP RHH/RHW, IAWGN08 LF 2500 1.8 4500 ELECTRICAL POWER 18000 18000 682-8525 SERVICE ASSEMBLY EA 1 (UNDERGROUND SERVICE POINT 682-9950 BORE, 2 LF 1500 19 28500 DIRECTIONAL SUB -TOTAL BID ESTIMATE r i V LIGHTING OPTION 1 LIGHTING OPTION 2 LIGHTING OPTION 3 Miscellaneous Construction $150,000 Hopewell/Thompson: TOTAL PROJECT 4[ 2, o ll :-I_g . 0o AVL i c71 \' F"Us1175 37 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Submittal Form - intersection improvement Projects - Total 16 Pages Hopewell Road @ Hamby Road Roundabout: Print Bid Price CG� _ -;L , Cj “EXHIBIT C” See Exhibits “A” and “B”. The Work consists of performing all necessary construction to implement the design plans, drafted by Barge Design Solutions, that were referenced in the ITB, as clarified by additional comments and specification in the ITB. The City has attempted to estimate the units of specific materials and labor required for this Work in the bid schedule, but recognizes that additional materials or construction activity may be required to fully implement the plans. “EXHIBITS D.1, D.2 & D.3” Bond No. 2309759 "EXHIBIT D.1" PERFORMANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT CMES, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and Westport Insurance Corporation (as SURETY COMPANY, hereinafter referred to as the "Contractor's Surety"), are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of the City, in the sum of Three Million Four Hundred Sixty-seven Thousand Four Hundred Eighty-one dollars and Forty cents ($3,467,481.40), 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 Intersection Improvement Projects (hereinafter referred to as "the Project" ), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "Contract"). NOW THEREFORE, the conditions of this obligation are as follows: I. That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions, and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach or default of the Contract: a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) calendar days after written notice from the City to the Contractor's Surety; and b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor's Surety hereby waives notice of any and all modifications, omissions, additions, changes, and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attomeys-in-fact, as set forth below. Attest: (si afore) Title: r 0_ Date: Attest: / /W (signature) Kate Longaker (print) Title: Account Manager Date: CONTRACTOR ("Principal"): CAM& Inc. By: ` 0 (SA)�''� Title:�1 Date: CONTRACTOR'S SURETY: Westport Insurance Corporation r�'�ft Gp� PO�T�y r� Qom By:C ` tg Edward Title: Attorney -in -Fact T - (SEAL) Date: (ATTACH SURETY'S POWER OF ATTORNEY) Bond No. 2309759 "EXHIBIT D.2" PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT CMES, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and Westport Insurance Corporation (as SURETY COMPANY, hereinafter referred to as the "Contractor's Surety"), are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of Three Million Four Hundred Sixty-seven Thousand Four Hundred Eighty-one dollars and Forty cents ($3,467,481.40), 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 Intersection Improvement Projects (hereinafter referred to as "the Project"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "Contract"). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services, and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A "Claimant" shall be defined herein as any subcontractor, person, party, partnership, corporation, or other entity furnishing labor, services, or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services, or materials were sold, leased, or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the riling of a lien against the property of the City affected by the Contract, the Contractor's Surety shall either settle or resolve the claim and shall remove any such lien by bond or otherwise as provided in the Contract_ The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers, as set forth below. [SIGNATURES ON FOLLOWING PAGE] Attest: (si re) �;&4,--n P:, -. C kh'hL,4printcd) Title: L- G 0 Date: Attest: Z'6 6 A _ _ (signature) Kate L gaker (printed) Title. Account Manager Date: CONTRATOR: CMES, Inc. By: Title: �Rl T- _ _ (E1AL Date: t CONTRACTOR'S SURETY: Westport Insurance Corporation .`QQev U J o By: --- = .c*- si ure;.' 4 - Edward Edward Mooney y�°,"�,�•,�d �: Title: Attorney -in -Fact Date: (ATTACH SURETY'S POWER OF ATTORNEY) (SEAL) SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park, Kansas, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Overland Park, Kansas each does hereby make, constitute and appoint: EDWARD MOONEY, ROBERT CARLETON WYNNE, and KATARZYNA GRIFFIN JOINTLY OR SEVERALLY Its true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company,- and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate hearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." By we Steven P, Andemon, Netnor=ice rens ent o a tragion international EM-r"ce Company C & Senior Vice President of North American Specialty Insurance Company& Senior Vice President ofWestport Insurance Corporation$y Mike A- Ito, Senior Vice President orwashington international lnsm,anee Company & Senior Vice President of North American Specialty Insurance Company & Senior vice President orwestport Insurance Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 08 day of JANUARY Z0 18 , North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook ss: On this 08 day of JANUARY , 20 19, before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M. KENNY _ y E,,CGrrmiWun ry public - State of Illinos =np•,cs 1slbaixozl M. Kenny, Notary Public I, Jeffrey Goldberg the duly elected Vice President and Assistant Secretary ofNorth American Specialty Insurance Company, WWRP International Insurance Company and Wes ort Insurance Co � p Y tp Corporation da hereby certify that the above and foregoing is a true and corre"j) a v Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company andWE Ins ice ' Corporation which is still in full force and effect. s F:L) C��` IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this day of 7,20 p ', " Z' Jeffrey Goldberg, Vicc Presidem & Assistant Secretary of Washington International Insurance Cotfiji'Atty TOO, O• North American Specialty lnsurance Company&. Vice Pr dent & Assistant Secretary of Westport ]nsumme Corporati ³EXHIBIT D.3” MAINTENANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT &0(6 ,QF DV &2175$&725KHUHLQDIWHUUHIHUUHGWRDVWKH³3ULQFLSDO´ DQGBBBBBBBBBBBBBBBBBBBBBBBBB DV685(7<&203$1<KHUHLQDIWHUUHIHUUHGWRDVWKH³&RQWUDFWRU¶V6XUHW\´ DUHKHOGDQG ILUPO\ERXQGXQWRWKH&LW\RI0LOWRQ*HRUJLD DV2:1(5KHUHLQDIWHUUHIHUUHGWRDVWKH³&LW\´ IRUWKHXVHDQGEHQHILWRIWKH&LW\IRUPDLQWHQDQFHRILPSURYHPHQWVDVGHVFULEHGEHORZLQWKHVXP RIBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB BBBBBBBBBBBBBBBBBBBBBBBBB RQHWKLUGRIWKHWRWDODPRXQWSDLGXQGHUWKH&RQWUDFW ODZIXOPRQH\RIWKH8QLWHG6WDWHVRI $PHULFDIRUWKHSD\PHQWRIZKLFKWKH3ULQFLSDODQGWKH&RQWUDFWRU¶V6XUHW\ELQGWKHPVHOYHVWKHLU KHLUVH[HFXWRUVDGPLQLVWUDWRUVVXFFHVVRUVDQGDVVLJQVMRLQWO\DQGVHYHUDOO\ILUPO\E\WKHVH SUHVHQWV WHEREAS, WKH3ULQFLSDOKDVHQWHUHGLQWRDFHUWDLQZULWWHQDJUHHPHQWZLWKWKH&LW\IRU WKHFRQVWUXFWLRQRIDSURMHFWNQRZQDV,QWHUVHFWLRQ,PSURYHPHQW3URMHFWV KHUHLQDIWHUUHIHUUHGWR DV³WKH3URMHFW´ ZKLFKDJUHHPHQWLVLQFRUSRUDWHGKHUHLQE\UHIHUHQFHLQLWVHQWLUHW\ KHUHLQDIWHU UHIHUUHGWRDVWKH³&RQWUDFW´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¶V6XUHW\VKDOOLQGHPQLI\DQGKROGKDUPOHVVWKH&LW\IURPDQ\DQGDOOORVVHVOLDELOLW\ DQGGDPDJHVFODLPVMXGJPHQWVOLHQVFRVWVDQGIHHVRIHYHU\GHVFULSWLRQZKLFKWKH&LW\PD\ LQFXUVXVWDLQRUVXIIHUE\UHDVRQRIWKHIDLOXUHRUGHIDXOWRQWKHSDUWRIWKH3ULQFLSDOLQWKH SHUIRUPDQFHRIDQ\DQGDOORIWKHWHUPVSURYLVLRQVDQGUHTXLUHPHQWVGHVFULEHGKHUHLQWKHQWKLV REOLJDWLRQVKDOOEHYRLG RWKHUZLVHWRUHPDLQLQIXOOIRUFHDQGHIIHFW ,QWKHHYHQWRIDIDLOXUHRISHUIRUPDQFHE\WKH3ULQFLSDO D 7KH&RQWUDFWRU¶V6XUHW\VKDOOFRPPHQFHSHUIRUPDQFHRILWVREOLJDWLRQVDQG XQGHUWDNLQJVXQGHUWKLVERQGQRODWHUWKDQWKLUW\ GD\VDIWHUZULWWHQ QRWLFHIURPWKH&LW\WRWKH&RQWUDFWRU¶V6XUHW\ E 7KH PHDQV PHWKRG RU SURFHGXUH E\ ZKLFK WKH &RQWUDFWRU¶V 6XUHW\ XQGHUWDNHVWRSHUIRUPLWVREOLJDWLRQVXQGHUWKLVERQGVKDOOEHVXEMHFWWRWKH DGYDQFHZULWWHQDSSURYDORIWKH&LW\ 7KHSDUWLHVIXUWKHUH[SUHVVO\DJUHHWKDWDQ\DFWLRQRQWKLVERQGPD\EHEURXJKWZLWKLQWKH WLPHDOORZHGE\*HRUJLDODZIRUVXLWRQFRQWUDFWVXQGHUVHDO IN WITNESS WHEREOF, WKH3ULQFLSDODQG&RQWUDFWRU¶V6XUHW\KDYHKHUHXQWRDIIL[HG WKHLUFRUSRUDWHVHDOVDQGFDXVHGWKLVREOLJDWLRQWREHVLJQHGE\WKHLUGXO\DXWKRUL]HGRIILFHUVRU DWWRUQH\VLQIDFWDVVHWIRUWKEHORZ CONTRACTOR (“Principal”): CMES, Inc. %\ BBBBBBBBBBBBBBBBBBBBBBBBBB VLJQDWXUH BBBBBBBBBBBBBBBBBBBBBBBBBB SULQW 7LWOH BBBBBBBBBBBBBBBBBBBBBBBBBBB 6($/ $WWHVW 'DWH BBBBBBBBBBBBBBBBBBBBBBBBBBB BBBBBBBBBBBBBBBBBBBBB VLJQDWXUH BBBBBBBBBBBBBBBBBBBBB SULQW 7LWOH BBBBBBBBBBBBBBBB 'DWH BBBBBBBBBBBBBBBBB CONTRACTOR’S SURETY: _________________________ %\ BBBBBBBBBBBBBBBBBBBBBBBBBB VLJQDWXUH BBBBBBBBBBBBBBBBBBBBBBBBBB SULQW 7LWOH BBBBBBBBBBBBBBBBBBBBBBBBBB 6($/ $WWHVW 'DWH BBBBBBBBBBBBBBBBBBBBBBBBBB BBBBBBBBBBBBBBBBBBBBB VLJQDWXUH BBBBBBBBBBBBBBBBBBBBB SULQW 7LWOH BBBBBBBBBBBBBBBB 'DWH BBBBBBBBBBBBBBBBB $77$&+685(7<¶632:(52)$77251(< "EXHIBIT E" NONCOLLUSION AFFIDAVIT OF PRIME BIDDER STATE OF +4 t c COUNTY OF ,' c,,rr'� es S . 4 �f being first duly swom, deposes and says that: (1) He is 0 f -I f C (Owner, Partner, Officer, Representative, or Agent) of CMES, 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 Auth or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 10-' DAY OF Gel"Ter+20�. Nv Public [NOTARY FLAURA H JEFFERSON ,ytir•Ep .4 Nolary Public. Georgia My Cvmmi - les: Gwinnelt County My Commission Expires �„ April 21,2021 “EXHIBIT F” FINAL AFFIDAVIT STATE OF __________________ COUNTY OF ________________ TO CITY OF MILTON, GEORGIA I, _______________________________, hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by ______________________ or any of its subcontractors in connection with the construction of __________________________ for City of Milton, Georgia have been paid and satisfied in full as of ______________, 20_____, and that there are no outstanding obligations or claims of any kind for the payment of which City of Milton, Georgia on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. ______________________________ Signature ______________________________ Title Personally appeared before me this ____ day of ________, 20____._______________________, who under oath deposes and says that he is ______________________________ of the firm of ___________________________________, that he has read the above statement, and that to the best of his knowledge and belief same is an exact true statement. ______________________________ Notary Public [NOTARY SEAL] My Commission Expires ______________________________ "EXHIBIT G.1" STATE OF G_ e c � c1I' `l _ — COUNTY OF e CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-14-91, 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. § 13-10-9 1. 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: 1�)151 Federal Work Authorization User Identification Number Date of Authorization CMES. Inc. Name of Contractor Intersection Improvement Proiects 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 onU 9 ) 15, 20 Ra in N e --d'C S (city), -I[< A (state). Signauke of AuthorizedMffeatcLAZ 1C C] YY► 6-C. —6)_ t 1 Yl et i 1 5 1 Ci Lrj I" Printed Name and Title of Authorized Of icer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE I0"A DAY OF -SEM' aiP560- , 20 2-D. Notary Public [NOTARY SEAL] My Com IU f��F]Fj�l1i@Sft A H J E F F E R S 0 N NOtary Publ,C. Georgia _ '� •_- nett county ,:• r��eORC+�P•' My COnirniSslan Expites “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 CMES, 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 Intersection Improvement Projects 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” See Exhibit A. Plans referenced via weblink in the ITB are incorporated herein by reference. “EXHIBIT I” ADDITIONAL PAYMENT TERMS A. Defined Terms. Terms used in this Agreement shall have their ordinary meaning, unless otherwise defined below or elsewhere in the Contract Documents. (i) “Substantial Completion” means when the Work or designated portion thereof is complete in accordance with the Contract Documents so that any remaining Work includes only (1) Minor Items that can be completed or corrected within the following thirty (30) calendar days, (2) Permitted Incomplete Work that will be completed by the date agreed upon by the Parties, and (3) any Warranty Work. Substantial Completion shall require complete operation of all applicable building systems including, but not limited to, mechanical, electrical, plumbing, fire protection, fire alarm, telecom, data, security, elevators, life safety, and accessibility (if any). (ii) “Minor Item” means a portion or element of the Work that can be totally complete within thirty (30) calendar days. (iii) “Permitted Incomplete Work” means Work that is incomplete through no fault of the Contractor, as determined by the City in its sole discretion. (iv) “Final Completion” means when the Work has been completed in accordance with terms and conditions of the Contract Documents. B. Payment for Work Completed and Costs Incurred. City agrees to pay the Contractor for the Work performed and costs incurred by Contractor upon certification by the Contract Administrator and the City that the Work was actually performed and costs actually incurred in accordance with this Agreement. Payment shall be based on the value of the Work completed, as provided in the Contract Documents, plus the value of materials and equipment suitably stored, insured, and protected at the construction site, and, only if approved in writing by the City (which approval shall be given at the sole discretion of the City), such materials and equipment suitably stored, insured, and protected off site at a location approved by the City in writing, less retainage (as described below). Compensation for Work performed and reimbursement for costs incurred shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed and costs incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon final payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. The City shall pay the Contractor within thirty (30) calendar days after approval of the invoice by City staff, less any retainage as described in Section D below. No payments will be made for unauthorized work. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand-delivered, though the Contractor may arrange to pick up payments directly from the City or may make written requests for the City to deliver payments to the Contractor by Federal Express delivery at the Contractor’s expense. C. Evaluation of Payment Requests. The Contract Administrator will evaluate the Contractor’s applications for payment and will either issue to the City a Certificate for Payment (with a copy of the Contractor’s application for payment) for such amount as the Contract Administrator determines is properly due, or notify the Contractor and City in writing of the Contract Administrator’s reasons for withholding certification in whole or in part. The Contract Administrator may reject Work that does not conform to the Contract Documents and may withhold a Certificate of Payment in whole or in part, to the extent reasonably necessary to protect the City. When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. Even following a Certificate of Payment, the City shall have the right to refuse payment of any invoice or part thereof that is not properly supported, or where requests for payment for Work or costs are in excess of the actual Work performed or costs incurred, or where the Work product provided is unacceptable or not in conformity with the Contract Documents, as determined by the City in its sole discretion. The City shall pay each such invoice or portion thereof as approved, provided that neither the approval or payment of any such invoice, nor partial or entire use or occupancy of the Project by the City, shall be considered to be evidence of performance by the Contractor to the point indicated by such invoice, or of receipt or acceptance by the City of Work covered by such invoice, where such work is not in accordance with the Contract Documents. D. Final Payment and Retainage. The City and Contractor shall comply with the provisions of O.C.G.A. § 13-10-80. The Contractor through each invoice may request payment of no more than ninety percent (90%) of that portion of the Work completed during the term covered by such invoice until fifty percent (50%) of the Maximum Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City. Payment for the remaining ten percent (10%) of Work completed and covered by such invoices shall be retained by the City until Substantial Completion. Once fifty percent (50%) of the Maximum Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City, no additional retainage shall be withheld, except as provided below. All amounts retained by the City shall be held as a lump sum until Substantial Completion of the Work, regardless of earlier completion of individual component(s) of the Work; provided, however, that, at the discretion of the City and with the written approval of the Contractor, the retainage of each subcontractor may be released separately as the subcontractor completes his or her work. If, after discontinuing the retention, the City determines that the Work is unsatisfactory or has fallen behind schedule, retention may be resumed at the previous level. If retention is resumed by the City, the Contractor and subcontractors shall be entitled to resume withholding retainage accordingly. At Substantial Completion of the Work and as the Contract Administrator determines the Work to be reasonably satisfactory, the City shall, within 30 days after the invoice and other appropriate documentation as may be required by the Contract Documents are provided to the City, pay the retainage to the Contractor. If at that time there are any remaining incomplete Minor Items or Permitted Incomplete Work, an amount equal to 200 percent of the value of each Minor Item or Permitted Incomplete Work, as determined by the Contract Administrator in its sole discretion, shall be withheld until such item, items or work are completed. The reduced retainage shall be shared by the Contractor and subcontractors as their interests may appear. The Contractor shall, within ten (10) days from its receipt of retainage from the City, pass through payments to subcontractors and shall reduce each subcontractor’s retainage in the same manner as the Contractor’s retainage is reduced by the City; provided, however, that the value of each subcontractor’s work complete and in place equals fifty percent (50%) of his or her subcontract value, including approved Change Orders and other additions to the subcontract value; provided, further, that the work of the subcontractor is proceeding satisfactorily and the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the Contractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. The subcontractor shall, within ten (10) days from the subcontractor’s receipt of retainage from the Contractor, pass through payments to lower tier subcontractors and shall reduce each lower tier subcontractor’s retainage in the same manner as the subcontractor’s retainage is reduced by the Contractor; provided, however, that the value of each lower tier subcontractor’s work complete and in place equals fifty percent (50%) of his or her subcontract value, including approved Change Orders and other additions to the subcontract value; provided, further, that the work of the lower tier subcontractor is proceeding satisfactorily and the lower tier subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the subcontractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. Final payment of any retained amounts to the Contractor shall be made after certification by the Contract Administrator that the Work has been satisfactorily completed and is accepted in accordance with the Agreement and Contract Documents. Neither final payment nor any remaining retainage shall become due until the Contractor submits to the Contract Administrator (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or City property might be responsible or encumbered (less amounts withheld by City) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance, required by the Contract Documents to remain in force after final payment, is currently in effect and will not be canceled or allowed to expire until at least thirty (30) calendar days prior written notice has been given to the City; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment, (5) a release or waiver of liens, claims, security interests, and encumbrances by all subcontractors and material suppliers, and (6), if required by the City, other data establishing payment or satisfaction of obligations, such as receipts, to the extent and in such form as may be designated by the City. If a subcontractor or material supplier refuses to furnish a release or waiver as required by the City, the Contractor may furnish a bond satisfactory to the City to indemnify the City against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the City all money that the City may be compelled to pay in discharging such lien, including all costs and reasonable attorneys’ fees. Acceptance of final payment by the Contractor, a subcontractor or material supplier shall constitute a waiver of claims by that payee, except those claims previously made in writing and identified by that payee as unsettled at the time of final application for payment. “EXHIBIT J” Reserved “EXHIBIT K” The City will be Administering the Contract Itself “EXHIBIT L” See Exhibit A “EXHIBIT M” 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: September 15, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Public Works Maintenance and Operations Services Agreement with Tri Scapes, Inc. to Provide Maintenance of Milton’s Public Roadways and Right-of Ways MEETING DATE: Wednesday, September 21, 2020 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: __________ X X X X 09/21/2020 To: Honorable Mayor and City Council Members From: Robert W. Drewry, Public Works Director Date: Submitted on September 10, 2020 for the September 21, 2020 Regular City Council Meeting Agenda Item: Approval of a Public Works Maintenance and Operations Services Agreement with Tri Scapes, Inc. to Provide Maintenance of Milton’s Public Roadways and Right-of Ways _____________________________________________________________________________________ Project Description: The City hires a contractor to provide for the maintenance and operations of the public right of ways within the City. Specifically, the agreement will provide for routine right of way and general maintenance, special event support, storm sewer maintenance, traffic signage, trail maintenance, emergency services and stormwater inspections. The activity is work order driven managed by Public Works staff. Staff is recommending approval of this contract. Procurement Summary: Purchasing method used: Bid Award-ITB (Over $50,000) Account Number: 100-4101-523850001 Requisition Total: $440,000.00 Other quotes or bids submitted (vendor/$) Vendor/Firm Quote/Bid DBi Services, LLC $619,200.00 Financial Review: Bernadette Harvill, September 11, 2020 Legal Review: Sam VanVolkenburgh, Jarrard & Davis LLP, September 2, 2020 Concurrent Review: Robert Drewry, Public Works Director Attachment(s): Public Works Maintenance & Operations Services Agreement STANDARD CONTRACT PUBLIC WORKS MAINTENANCE & OPERATIONS SERVICES AGREEMENT THIS AGREEMENT is made and entered into this_____ day of _____________, 2020 (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 Tri Scapes, Inc, a Georgia corporation, (herein after referred to as the "Contractor"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Contractor to provide Public Works maintenance and operations services and stormwater inspections; and WHEREAS, Contractor desires to perform the services as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Agreement, the Project, 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 Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit “A” – City Solicitation Documents Exhibit “B” – Contractor’s Bid Response Exhibit “C” –Pricing Schedules Exhibit “D” – Contractor Affidavit Exhibit “E” – Subcontractor Affidavit Exhibit “F” – Key Personnel Exhibit “G.1” – Performance Bond Exhibit “G.2” – Payment Bond Exhibit “H” – Non-Collusion Affidavit B. Project Description. Contractor is to provide Public Works Maintenance & Operations Services which include right of way and general maintenance services and stormwater inspections (“Basic Work”) described in the Scope of Work attached as Exhibit “A,” as well as any additional work requested by the City that is generally associated with the Scope of Work but not specifically required in the Scope, (“Supplemental Services Work”). Unless otherwise stated in Exhibit “A” or in an applicable Work Order, the Basic Work and any Supplemental Services Work (together, the “Work”), include 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 a 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. C. Timing and Term of Agreement. Contractor understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. Additional requirements relating to the prioritization of tasks and the timing requirements for each priority level are found in Exhibit “A”. The term of this Agreement (“Term”) will be from the Effective Date of October 1, 2020 until September 30, 2021. On October 1, 2021, and on October 1 of each following years, this Agreement shall automatically renew for a twelve (12) month Term, at the prices applicable to that year specified in Exhibit “C”, unless either Party provides written notice of nonrenewal at least thirty (30) days prior to the expiration of the then-current Term. This Agreement shall automatically renew no more than four (4) times and shall not renew if affirmatively terminated by either Party pursuant to Section VII of this Agreement. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by the City. Upon mutual written agreement of both Parties, which agreement shall specify at a minimum the applicable pricing for each year, this Agreement may be further extended to automatically renew on an annual basis for two (2) additional years, terminating completely without renewal on September 30, 2027. II. WORK ORDERS A. Work Order Defined. The City may request Contractor to perform specific Basic Work and/or Supplemental Services Work through Work Orders. All Work Orders shall be in writing via the Milton Public Works’ work order management system and issued by the City's Representative (as defined herein) or his or her delegate, and accepted in writing by the Contractor's Representative (as defined herein) or his or her delegate. Each Work Order shall identify the priority, location and nature of the requested Work. B. Basic Work Orders. Items of Basic Work in need of attention may be identified by the City on an as-needed basis, through Basic Work Orders. Contractor shall suggest Basic Work Orders to the City when it observes any right of way-related condition in need of maintenance. C. Supplemental Work Orders. The City may issue Work Orders requesting Work not covered by the Project Scope of Work and therefore not part of the Basic Work. Such Work is considered "Supplemental Services" and subject to additional compensation to be negotiated in each Supplemental Services Work Order. Each Supplemental Services Work Order shall specify the unit prices and not-to-exceed price cap (or else a lump sum price) of the Supplemental Work, including associated costs. A revised estimate must be approved in writing by the City's Representative before Contractor may exceed any specified price for the Supplemental Work. The City shall follow its procurement policy in processing Supplemental Services Work Orders. III. COMPENSATION AND METHOD OF PAYMENT A. Payment Terms. The amount paid to Contractor in a given Term shall be the lump sum Basic Work price for the Term as specified in Exhibit “C”, plus the sum of any excess labor and equipment hours (at the per-unit prices set forth in Exhibit “C”) required to complete Emergency Work that are separately compensable as specified in Subsection F (“Emergency Services”) of the Scope of Work, plus the compensation due for performing approved Supplemental Services Work Orders. The lump sum Basic Work payment shall be invoiced and paid in equal monthly installments over the course of the Term. Compensation for compensable Emergency Services work and Supplemental Work performed and, if applicable, reimbursement for costs incurred, shall be paid to Contractor upon City’s receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents requested by City to process the invoice. Invoices for Work shall be submitted on a monthly basis. Any material deviations in Work performed compared to Work ordered shall be clearly communicated to City before charges are incurred and necessary changes shall be handled through Work Orders as described in Section II above. City shall pay Contractor within thirty (30) days after approval of the invoice by City staff. B. Maximum Payment Amount. The maximum amount that will be paid to Contractor for Work performed and reimbursement for costs incurred during any Term shall be $540,000.00. In order to increase this amount, the Parties must execute a written amendment to this Agreement. IV. PERFORMANCE REVIEW A. Performance Monitoring. City may inspect the timeliness and quality of Contractor’s Work at any time. If City notifies Contractor of any improperly-performed Work or late performance of Work, Contractor shall correct the deficiencies at no additional cost to the City. B. Performance Review Meetings; Probation. Representatives for City and Contractor shall meet monthly to review Work performance, at no additional cost to City. In the event of a serious or repetitive deficiency, the City may inform Contractor that it is on Probation status; while on such status, City and Contractor shall meet every month to review performance, at no additional cost to City. Contractor shall remain on Probation status until two successive months of acceptable performance have elapsed. C. Liquidated Damages. Contractor specifically acknowledges that TIME IS OF THE ESSENCE of this Agreement and that City will suffer loss, inconvenience and additional administrative burden if the Work is not completed timely and properly. The City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed as required. If the City reasonably determines that the Contractor’s performance deficiencies have not been solved by the end of any month while on Probation status, the City shall so inform the Contractor at the next monthly meeting. As liquidated damages for nonperformance (but not as a penalty), the City shall be entitled to 10% of the Project’s invoiced bill for the month in question. If, at the end of the Term, the Contractor has spent fewer than three months of the Term on Probation status and is not then on Probation status, the City shall refund any liquidated damages amounts withheld to the Contractor. This liquidated damages provision shall not take the place of any of City’s other contractual rights, including the right to terminate this Agreement for cause. (Notwithstanding any references to Section 108.08 of the State of Georgia Department of Transportation Standard Specifications in Exhibit A, that provision will not govern liquidated damages; instead the damages will be as provided above.) D. Replacement of Unsatisfactory Workers. Contractor shall promptly remove and permanently replace any employee or subcontractor declared by the City to be unsuitable to provide Work under this Agreement, including for reasons of chronic tardiness or absenteeism, improper job attire, unprofessional attitude or behavior, or demonstrated inability or unwillingness to properly perform Work. The City will have absolute discretion in making this determination, provided it does not act in bad faith. Contractor’s failure to comply with this provision shall constitute a material breach of this Agreement. V. COVENANTS OF CONTRACTOR A. Expertise of Contractor; Licenses, Certification and Permits. Contractor accepts the relationship of trust and confidence established between it and City, recognizing that City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work. Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Contractor by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, Contractor agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Work, including, but not limited to, any applicable records retention requirements and Georgia’s Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional work or costs incurred as a result of error and/or omission by Contractor, including as a result of not meeting the applicable standard of care or quality will be provided by Contractor at no additional cost to City. B.Budgetary Limitations. Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor’s profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor’s profession and industry, Contractor will give written notice immediately to City. C.City’s Reliance on the Work. Contractor acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Contractor and that, therefore, City bears no responsibility for Contractor’s Work performed under this Agreement. Contractor acknowledges and agrees that the acceptance of Work by City is limited to the function of determining whether there has been compliance with what is required to be performed under this Agreement. D.Contractor’s Reliance on Submissions by City. Contractor must have timely information and input from City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by City, but Contractor shall provide immediate written notice to City if Contractor knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. E. Contractor’s Representative. _____________ shall be authorized to act on Contractor’s behalf with respect to the Work as Contractor’s designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. F.Assignment of Agreement. Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of City. As to any approved subcontractors, Contractor shall be solely responsible for reimbursing them, and City shall have no obligation to them. G.Responsibility of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless City and City’s elected and appointed officials, officers, boards, commissions, employees, representatives, Contractors, servants, agents, attorneys and volunteers (individually an “Indemnified Party” and collectively “Indemnified Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney’s fees and costs of defense (“Liabilities”), which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or Lindy Blount indirectly employed by Contractor or subcontractor or anyone for whose acts or omissions Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Contractor or other persons employed or utilized by the Contractor in the performance of this Agreement. This indemnity obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of Contractor, its subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. H.Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Nothing in this Agreement shall be construed to make Contractor or any of its employees, servants, or subcontractors, an employee, servant or agent of City for any purpose. Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of Contractors, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and City by virtue of this Agreement with Contractor. Any provisions of this Agreement that may appear to give City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and City may hire additional entities to perform the Work related to this Agreement. Inasmuch as City and Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. Contractor agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee of Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. I.Insurance. (1)Requirements: Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2)Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with coverage and limits no less than: (a)Commercial General Liability coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. If a general aggregate limit applies, the general aggregate limit shall be at least twice the required occurrence limit. (b)Commercial Automobile Liability (owned, non-owned, hired) coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c)Workers’ Compensation limits as required by the State of Georgia and Employers’ Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (e)Commercial Umbrella Liability Coverage: $ 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, and Employers’ Liability. (3)Deductibles and Self-Insured Retentions: Any deductibles or self- insured retentions must be declared to and approved by City in writing so that City may ensure the financial solvency of Contractor; self-insured retentions should be included on the certificate of insurance. (4)Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a)General Liability, Automobile Liability and (if applicable) Umbrella Liability Coverage. (i)Additional Insured Requirement. City and City’s elected and appointed officials, officers, boards, commissioners, employees, representatives, Contractors, servants, agents and volunteers (individually “Insured Party” and collectively “Insured Parties”) shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, leased, or used by Contractor; automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii)Primary Insurance Requirement. Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self- insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of Contractor’s insurance and shall not contribute with it. (iii)Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv)Separate Coverage. Coverage shall state that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v)Defense Costs/Cross Liability. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi)Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Contractor for City. (vii)Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by Contractor under the terms of this Agreement, including but not limited to Section V(G) of this Agreement. (b)Workers’ Compensation Coverage. The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Contractor for City. (c)All Coverages. (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)If higher limits are maintained by Contractor than shown above, the City shall be entitled to coverage for any additional insurance proceeds in excess of the specified minimum limits maintained by the Contractor. (5)Acceptability of Insurers: The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance policies shall be placed with insurer(s) with an A.M. Best Policyholder’s rate of no less than “A-” and with a financial rating of Class VII or greater. The Contractor shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6)Verification of Coverage: Contractor shall furnish to City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Contractor is specifically required to provide an endorsement naming City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Contractor’s insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. City reserves the right to require complete, certified copies of all required insurance policies at any time. Contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7)Contractor’s Duty to Provide Notice of Reduction in Coverage: Contractor shall provide written notice to City at least thirty (30) days prior to any reduction, suspension, voiding, or cancellation of coverage. Contractor shall require the same notice to the City in all subcontractor contracts. (8)Subcontractors: Contractor shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (9)Claims-Made Policies: Contractor shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (10)City as Additional Insured and Loss Payee: City shall be named as an additional insured and loss payee on all policies required by this Agreement, except City need not be named as an additional insured and loss payee on any Workers’ Compensation policy. (11)Progress Payments: The making of progress payments to Contractor shall not be construed as relieving Contractor or its subcontractors or insurance carriers from providing the coverage required in this Agreement. J.Bonds. The Contractor shall provide Performance and Payment bonds on the forms attached hereto as “Exhibits G.1 and G.2” and with a surety licensed to do business in Georgia and listed on the Treasury Department’s most current list (Circular 570 as amended). Bonds shall be maintained in the amount of the base price for Right of Way and General Maintenance for the then-applicable year (as shown on “Exhibit C”), and shall be renewed annually. If the value of the Contractor’s ongoing Work relating to construction services in a given Term exceeds the bonded amount then in force, the bonded amount shall be increased accordingly to meet 100% of the value of the Work relating to construction in that Term. 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. K.Non-Collusion Affidavit. Contractor’s officers, partners or employees responsible for bidding for the Work (as may be required to comply with O.C.G.A § 32-4- 122 and § 36-91-21(e)) shall complete and return to City the Non-Collusion Affidavit attached hereto as “Exhibit H.” L.Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1)Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits “D” and “E” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor’s subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2)Contractor provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing; or (3)If Contractor does not hire or intend to hire employees for purposes of satisfying or completing the terms and conditions of this Agreement, in accordance with O.C.G.A. § 13-10-91(b)(5) Contractor shall provide a copy of Contractor’s state issued driver's license or state issued identification card and a copy of the state issued driver's license or identification card of each independent contractor utilized in the satisfaction of part or all of this Agreement. Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “D”, and submitted such affidavit to City, or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub- subsection (2) above, or provided City with the appropriate state issued identification as noted in sub-subsection (3) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, Contractor agrees to secure from such subcontractors) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the Contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10- 91, the City Manager or his/her designee shall be authorized to conduct an inspection of Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with City, Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Contractor or Contractor's subcontractors are found to have employed an unauthorised alien, the City Manager or his/her designee may report same to the Department of Homeland Security. Contractor's failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Contractor shall be liable for all damages and delays occasioned by City thereby. Contractor agrees that the employee -number category designated below is applicable to Contractor. [DESIGNATE/MARK APPROPRIATE CATEGORY] 500 or more employees. 100 or more employees. bU k Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee - number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. M.Records, Reports and Audits. (1) Records: (a)Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement (“Records”) shall be established and maintained by Contractor in accordance with applicable law and requirements prescribed by City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Contractor by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b)All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2)Reports and Information: Upon request, Contractor shall furnish to City any and all Records in the form requested by City. All Records provided electronically must be in a format compatible with City’s computer systems and software. (3)Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, Contractor shall make available to City or City’s representative(s) for examination all Records. Contractor will permit City or City’s representative(s) to audit, examine, and make excerpts or transcripts from such Records. Contractor shall provide proper facilities for City or City’s representative(s) to access and inspect the Records, or, at the request of City, shall make the Records available for inspection at City’s office. Further, Contractor shall permit City or City’s representative(s) to observe and inspect any or all of Contractor’s facilities and activities during normal hours of business for the purpose of evaluating Contractor’s compliance with the terms of this Agreement. In such instances, City or City’s representative(s) shall not interfere with or disrupt such activities. N.Ethics Code; Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Contractor become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Contractor shall immediately notify City. If City determines that a conflict of interest exists, City may require that Contractor take action to remedy the conflict of interest or terminate the Agreement without liability. City shall have the right to recover any fees paid for services rendered by Contractor when such services were performed while a conflict of interest existed if Contractor had knowledge of the conflict of interest and did not notify City within five (5) business days of becoming aware of the existence of the conflict of interest. Contractor and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Contractor and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub-Contractor under a contract to the prime Contractor or higher tier sub-Contractor, or any person associated therewith, as an inducement for the award of a subcontract or order. O.Confidentiality. Contractor acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, Contractors, and/or staff to likewise protect such confidential information. Contractor agrees that confidential information it learns or receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of City. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that City’s disclosure of documentation is governed by Georgia’s Open Records Act, and Contractor further acknowledges that if Contractor submits records containing trade secret information, and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. P.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 Contractor’s Project Manager or members of the Project team, as listed in Exhibit “F”, without written approval of City. Contractor recognizes that the composition of this team was instrumental in City’s decision to award the Work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Contractor’s obligations under this Agreement and shall be grounds for termination. Q.Authority to Contract. The individual executing this Agreement on behalf of Contractor covenants and declares that it has obtained all necessary approvals of Contractor’s board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. R.Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Contractor (“Materials”) shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any Materials remaining in the hands of Contractor or subcontractor upon completion or termination of the Work shall be delivered immediately to City whether or not the Project or Work is commenced or completed; provided, however, that Contractor may retain a copy of any deliverables for its records. Contractor assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed before final delivery to City, Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. S.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, 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 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. VI.COVENANTS OF CITY A.Right of Entry. City shall provide for right of entry for Contractor and all necessary equipment as required for Contractor to complete the Work; provided that Contractor shall not unreasonably encumber the Project site(s) with materials or equipment. B.City’s Representative. _Roddy Motes___ shall be authorized to act on City’s behalf with respect to the Work as City’s designated representative on this Agreement; provided that delivery of official notice to the City must be made in writing as provided in Section VIII.F below. VII.TERMINATION A.For Convenience. City may terminate this Agreement for convenience at any time upon providing written notice thereof at least seven (7) calendar days in advance of the termination date. B.For Cause. Contractor shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City’s failure to pay Contractor within thirty (30) calendar days of Contractor providing City with notice of a delinquent payment and an opportunity to cure. In the event of Contractor’s breach or default under this Agreement, City may terminate this Agreement for cause. City shall give Contractor at least seven (7) calendar days’ written notice of its intent to terminate the Agreement for cause and the reasons therefor. If Contractor fails to cure the breach or default within that seven (7) day period, or otherwise remedy the breach or default to the reasonable satisfaction of City, then City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge Contractor for the costs of curing the default against any sums due or which become due to Contractor under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to City for such default. C.Payment Upon Termination. Upon termination, City shall provide for payment to Contractor for services rendered and, where authorized, expenses incurred prior to the termination date; provided that, where this Agreement is terminated for cause, City may deduct from such payment any portion of the cost for City to complete (or hire someone to complete) the Basic Work, as determined at the time of termination, not otherwise covered by the remaining unpaid annual Project Price as set forth in “Exhibit C.”. D.Conversion to Termination for Convenience. If City terminates this Agreement for cause and it is later determined that City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section VII(A) above. E.Requirements Upon Termination. Upon termination, Contractor shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by Contractor in performing this Agreement, whether completed or in process, in the form specified by City. F.Reservation of Rights and Remedies. The rights and remedies of City and Contractor provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity. VIII.MISCELLANEOUS A.Entire Agreement. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only in a written document signed by representatives of both Parties with appropriate authorization. B.Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties. C.Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia – Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. D.Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared in valid. E.Business License. Prior to commencement of the Work to be provided hereunder, Contractor shall apply to City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Contractor provides evidence that no such license is required. F.Notices. (1)Communications Relating to Day-to-Day Activities. All communications relating to the day-to-day activities of the Work (including Work Orders) shall be exchanged between City’s Representative (named above) for City and Contractor’s Representative (named above) for Contractor. (2)Official Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith. NOTICE TO CITY shall be sent to: Procurement Manager City of Milton, Georgia 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Tri Scapes, Inc. Attn: Rebecca Martin 1595 Peachtree Pkwy, Ste 204-396 Cumming, GA 30041 G.Waiver of Agreement. No failure by City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect City’s right to demand exact and strict compliance by Contractor with the terms and conditions of this Agreement. Further, no express waiver shall affect any Term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H.Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations and insurance maintenance requirements. I.No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. J.Sovereign Immunity; Ratification. Nothing contained in this Agreement shall be construed to be a waiver of City’s sovereign immunity or any individual’s qualified, good faith or official immunities. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. K.No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City’s elected or appointed officials, officers, boards, commissions, employees, representatives, Contractors, servants, agents, attorneys or volunteers. No such individual shall be personally liable to Contractor or any successor in interest in the event of any default or breach by City or for any amount which may become due to Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor’s performance of services under this Agreement shall not subject Contractor’s individual employees, officers, or directors to any personal contractual liability, except where Contractor is a sole proprietor. The Parties agree that, except where Contractor is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed and/or asserted only against Contractor or City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, Contractors, servants, agents, attorneys and volunteers. L.Counterparts; Agreement Construction and Interpretation. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Contractor represents that it has reviewed and become familiar with this Agreement. In the event of a conflict in the terms of this Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. M.Force Majeure. Neither City nor Contractor shall be liable for its respective non-negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of its respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond its respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of CONTRACTOR; (vi) delay or failure to act by any governmental or military authority; or (vii)any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. N.Material Condition. Each term of this Agreement is material, and Contractor’s breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to City at law or in equity. IN WITNESS WHEREOF City and Contractor have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] CONTRACTOR: Tri Scapes, Inc. Signature: Print Name: Rebecca Martin Title: President [CORPORATE SEAL] (required if corporation) Attest/Witness: Signature: — Print Name: Mitzi J. Chambers Title: Assistant Corporate Secretary (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” ITB 20-PW16 1 | P a g e CITY OF MILTON INVITATION TO BID (THIS IS NOT AN ORDER) Bid Number: 20-PW16 Project Name: Public Works Maintenance & Operations Services Due Date and Time: August 20, 2020 Local Time: 2:00 p.m. Number of Pages: 117 ISSUING DEPARTMENT INFORMATION Issue Date: July 23, 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-PW16 Name of Company or Firm Special Instructions: Deadline for Written Questions August 5, 2020 at 5:00 p.m. Submit 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 ITB 20-PW16 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 (2 pages) 43 General Conditions 45 EPD Air Quality Rules 51 Sample Contract Agreement 52 ITB 20-PW16 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 ITB 20-PW16 4 | P a g e Invitation to Bid 20-PW16 The City of Milton is accepting sealed bids from qualified firms for the Public Works Maintenance & Operations Services 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 (current edition), and Pay Items Index as standards and specifications for the construction and completion of the work required. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. Sealed bids will be received no later than 2:00 PM Local Time on August 20, 2020. Electronic bids shall be submitted online via BidNet Direct, the City’s procurement portal, at www.cityofmiltonga.us . At approximately 2:30 PM Local Time on the day bids are received the bids will be publicly opened and the bidder’s name and total bid amount will be read aloud at: City of Milton City Hall, 2006 Heritage Walk, Milton, GA 30004. **Pending updates relating to COVID-19 the City may conduct the bid opening via a virtual meeting. Responding bidders will be emailed a meeting link should the need to hold this type meeting arise. Any other interested members of the public may attend. 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 August 5, 2020 at 5:00 p.m. Official answers to questions and potential change (Addendums) to the ITB (Addendums) will be posted at the same web locations as the ITB on or about August 10, 2020. Any other form of interpretation, correction, or change to this ITB will not be binding upon the City. It is the bidder’s responsibility to check the websites for potential updates. Please refer to Bid (20-PW16) and bid name (Public Works Maintenance & Operations Services) 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 City of Milton may award each project separately or together ITB 20-PW16 5 | P a g e whichever is 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. ITB 20-PW16 6 | P a g e SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE EVENT DATE ITB Issue Date July 23, 2020 Deadline for Receipt of Written Questions 5 PM on August 5, 2020 Posting of Written Answers by City to Websites on or about August 10, 2020 ITB DUE No Later than 2:00 PM on August 20, 2020 Tentative Contract Award (on/about) September 9, 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. ITB 20-PW16 7 | 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 (2 pages) 43-44 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 Public Works Maintenance & Operations Services, ITB 20-PW16. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. Unless clearly shown as “no substitute” or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturer’s number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. The City reserves the right to cancel the contract at any time with 30 days written notice. ITB 20-PW16 8 | P a g e Title to any supplies, materials, equipment or other personal property shall remain the Contractors’ until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor’s expense to the complete satisfaction of the City of Milton with no additional expense to the City. EVALUATION The City intends to evaluate the ITB on the lowest, responsible and responsive bidder. Bids may be found nonresponsive at any tim e during the evaluation or contract process, if any of the required information is not provided; the submitted price is found to be inadequate; or the proposal is not within the specifications described and required in the ITB. If a bid is found to be non- responsive or non-qualified, it will not be considered further. 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 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. ITB 20-PW16 9 | P a g e (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 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 ITB 20-PW16 10 | P a g e liability. (v)Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi)The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b)Workers' Compensation Coverage: The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c)All Coverages: (i)Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii)Policies shall have concurrent starting and ending dates. (5)Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (6)Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor’s insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (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 ITB 20-PW16 11 | P a g e 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. 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. ITB 20-PW16 12 | P a g e 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 ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton. ITB 20-PW16 13 | 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-PW16 Public Works Maintenance & Operations Services 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. ITB 20-PW16 14 | P a g e The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces within ten (10) calendar days from the Notice to Proceed, and to complete all Work 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: _____________________________________________ ITB 20-PW16 15 | 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: ITB 20-PW16 16 | 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. 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, ITB 20-PW16 17 | P a g e 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 Pow er of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term “Bid” as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. ITB 20-PW16 18 | 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) ITB 20-PW16 19 | 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:___________________________________________________ ITB 20-PW16 20 | 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 Public Works Maintenance & Operations Services Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent _______________________________ SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ ITB 20-PW16 21 | P a g e DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder __________________________________________________ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) ________________________________________________________________ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description ________________ ___________________________________________ ________________ ___________________________________________ Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: ________________ ___________________________________________ ___________________ ____________________________________________________ ITB 20-PW16 22 | P a g e PUBLIC WORKS OPERATIONAL SERVICES PROJECT SCOPE The City of Milton is located in the northern portion of Fulton County and has a current population of approximately 39,020 with a total land area of 39 square miles. The City provides routine municipal Public Works services through a public-private partnership model and is looking for qualified vendors to provide annual operational services for the following: 1.Right of Way and General Maintenance services a.Roadway Maintenance b.Storm Drain, Ditch Maintenance and Other Right-of-Way Drainage Issues c.Signage and Pavement Marking d.Trail Maintenance and Repair e.Emergency Services 2.Stormwater Inspections All Bidders must comply with all general and special requirements of this document and instructions enclosed herein. Work under this contract will commence on or about October 1, 2020. ITB 20-PW16 23 | P a g e Figure 1 – City Limits EXPERIENCE AND CAPABILITY Must be included in bid response. 1. All interested bidders must demonstrate sufficient experience in the management of a public works operation to include: a. Roadway maintenance operations b. Asphalt and concrete c. Traffic control and work zones within right-of-way d. Knowledge of the Manual for Uniform Traffic Control (MUTCD) e. Soil erosion and sedimentation control best management practices f. Occupational safety standards and policies ITB 20-PW16 24 | P a g e 2.List of similar projects performed in the last five (5) years with a brief narrative of each project, client, services provided by company, value of services, client’s point of contact and phone number. Include a statement as to why it is considered a similar project. 3.List of heavy equipment and trucks available and assigned to this scope. The list should include the make, model and year of the equipment and whether the equipment is owned or leased. GENERAL CONDITIONS 1.The City currently maintains a Public Works yard adjacent to the Birmingham Park behind Fire Station #43 located at 750 Hickory Flat Road. The area is not secured but may be utilized by the Contractor for the storage of equipment and materials that are necessary for this contract. Any additional equipment or material not a part of this contract must be approved in advanced by authorized city staff. The City is not responsible for the safety and security of any equipment or material stored at this location. 2.This City has permit with the State of Georgia to operate and maintain the City’s stormwater infrastructure. Included in this permit is Storm Water Management Program (SWMP) under the General NPDES Permit No. GAR610000 for Small Municipal Separate Storm Sewer Systems (MS4). (available on the City’s website). It is critical the City operate and maintain the MS4 in accordance with the plan and permit to include inspecting the complete and entire system of approximately 4,900 structures every five (5) years and provide regular and routine maintenance activity to support the permit. 3.The Contractor shall utilize maximum safety precautions. Tools and equipment will be in a good state of repair, safe to use, and be used in the manner in which they were intended. The Contractor is required to inform all workers and concerned persons of the Material Safety Data on all products being utilized on this project. ITB 20-PW16 25 | P a g e 4.The Contractor shall, during the term of this Contract, repair any damage caused to real or personal property of the City and/or its tenants, wherever situated, caused by the intentional, reckless, or negligent acts or omissions of the Contractor's officers, agents, or employees, and any subcontractors and their officers, agents, or employees, or, at the option of the City, the Contractor shall reimburse the City for the cost of repairs thereto and replacement thereof accomplished by or on behalf of the City. 5.The Contractor’s personnel shall perform work in a neat and professional manner as directed by the City and in compliance with all Federal, State, City of Milton regulations and OSHA rules and regulations. 6.Contractor’s personnel shall possess valid driver’s license at all times during the term of this contract. Immediately upon request, Contractor and employees assigned to this contract must present driver’s licenses to City personnel. 7.The Contractor shall be solely and completely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to all employees on the work site and other persons including, but not limited to, the general public who may be affected thereby. 8.The Contractor will provide all field employees with identifiable uniforms and appropriate safety equipment while performing services outlined. All workers in the public right of way shall wear personal protection equipment to include safety vests. Safety vests shall meet ANSI 107-1999 (Class 2) standard and shall be worn at all times during the performance of this contract. 9.In computing any period of time established under this contract, except as may be otherwise specified, when referring to a period of time of ten (10) days or less the word “days” means business days (excluding City holidays), and when referring to a period of time of more than ten (10) days means calendar days. ITB 20-PW16 26 | P a g e 10. Contractor shall have a complete and thorough knowledge of the Manual for Uniform Traffic Control Devices (MUTCD). All traffic control shall be in accordance with the MUTCD. Employee safety and the establishment of work zones is the responsibility of the Contractor. 11. Attached and part of this bid is a cumulative total of the volume of work order activities within the scope of this contract from February 2017 to June 2020. The volume of work activities will vary and are to only be considered an estimate. 12. All work performed under the scope of this contract shall be on City owned property, City owned right-of-way, State of Georgia right-of-way, or property protected by easements exclusively identified for the work intended. 13. Contractor shall provide a 30 cubic yard dumpster to be maintained at the Public Works yard. The City shall pay fees associated with dumping only. To be reimbursed by the City, the Contractor shall include landfill tickets to verify disposal. 14. Contractor is responsible for utility locates prior to digging in accordance with the Georgia Dig Law. 15. The City will monitor the Contractor’s performance throughout the term of this contract for quality assurance and quality control. Contractor is expected to meet the Priority Schedules noted on the work orders. Each month the total number of completed work orders will be reviewed to evaluate Contractor’s performance. Variances that exceed from the Priority Schedule will be documented as a violation of the terms of this contract. 16. The Contractor shall provide a communication link to include (Voice, Text, and Email) for all its employees assigned to this contract and to provide communication between the project manager and the city representative. This contact information will be provided to the city representative. 17. Contractor shall incorporate and adopt the City’s work order system. The Contractor shall provide devices that use either Android or Apple iOS ITB 20-PW16 27 | P a g e operating system with internet access in the field. The City will provide the Contractor with a link to download and install the HiperWeb work order and asset management system. The Contractor shall utilize the app for day-to-day activities assigned by the City. Work orders shall be closed as soon as practical to avoid disruption in payment. Activities shall include, but may not be limited to, the following: a.Create work request b.View all assigned work orders c.Complete work orders in the field d.Document into each work order the total manhours to complete the work order e.Take before and after photos f.Record inspection results g.View work history h.Collect asset information at the City’s request 18.The Contractor shall provide sufficient experienced personnel to perform tasks as described in the following Sections, five (5) days per week and sufficient personnel during emergency services operations, as defined herein. It is anticipated that the Contractor should provide staffing at a minimum of four (4)full time equivalents with the ability to work at multiple locations simultaneously to perform the requirements outlined. In addition, Contractor must provide a Project Manager as described below. Normal work hours are defined as Mon-Fri, 8am-5pm, unless otherwise specified in a written agreement. Travel to and from the City will not be considered as normal work hours or as a separate pay item. All services shall be performed in accordance with the following Priority Schedule and noted on each work order: a.Priority 1: Emergency - 100% of requests will be responded to immediately, if possible, but not to exceed 2 hours. Once begun, work will continue until complete, the emergency is terminated, or the priority is downgraded. b.Priority 2: Requests to be completed within 24 hrs. c.Priority 3: Request to be completed within 3 business days. d.Priority 4: Request will be completed within 20 calendar days. Number ITB 20-PW16 28 | P a g e of days required for completion will be posted on work order. e. Priority 5: Will be scheduled to maximize materials and efficiency. 19. Contractor shall appoint a Project Manager to attend weekly staff meetings. The Project Manager will be held responsible for quality control of the Contractor’s work force. The City will run random Q/C checks on work order completion quality. Any work order that has not been completed or deemed unacceptable to the City shall be rejected by the City and shall not be closed until completed to the satisfaction of the City. 20. The City reserves the right to require the replacement of any team members that the City determines do not meet the minimum educational, training or experience standards expected by the industry or if their actions and demeanor have failed to display the character and professionalism required by the City. 21. The City reserves the right to run background checks on any employees assigned to this project in the completion of the scope. 22. The Project Manager shall be available, as reasonably required, to be on-site during necessary times. Such times shall be discussed between the Project Manager and the City, but the final required times will be at the City’s discretion. 23. The Project Manager shall provide the City with a primary contact who shall be available to the City in person or by telephone on a twenty-four (24) hour basis, seven (7) days per week. 24. In the event the designated Project Manager terminates employment with the Contractor or is requested by the City to be removed from the role of Project Manager, the position shall be assumed by an individual with equivalent qualifications, experience, and knowledge. Such replacement shall require the City’s prior approval. ITB 20-PW16 29 | P a g e 25.The Contractor shall not replace the approved Project Manager without written approval of the City, which approval will not be unreasonably withheld. 26.Supplemental Services: New and unforeseen work, generally associated with the scope of services outlined in this document but not specifically, will be classified as extra work when determined by the City that such work is not considered part of the routine maintenance as specified in this scope. Supplemental Services shall not cause or direct any resources so as to impact the delivery and work order Priority Schedule for routine work as outlined further. Unit pricing for various supplemental work is included in this contract and shown on the Compensation Schedule herein. Upon notification that extra work will be required, the Contractor shall submit an itemized, written cost proposal and schedule for such work to the City. Should the proposal be acceptable to the City, the Contractor shall be advised in writing and upon receipt of such written notification, shall begin work within ten (10) working days or as agreed to between the Contractor and the City. RIGHT OF WAY AND GENERAL MAINTENANCE A.General Conditions: a.The Right of Way Maintenance Program will consist of, but may not be limited to, the following activities: general right-of-way (ROW) maintenance, signs maintenance and installation (regulatory, warning and guide type signs), installation of preform type hot tape pavement markings, storm drain and ditch maintenance/debris removal, and pothole repair. Activities are further described within this scope. b.The Right of Way Maintenance Crew(s) will serve as the primary crew(s) for the day-to-day operations of the Public Works Department. In addition to the items outlined in this scope, the Contractor shall provide labor for general maintenance issues as may be directed by the City. It is the intent of the City that these services will be performed by the staff that is currently ITB 20-PW16 30 | P a g e assigned to the City at that time. Materials and equipment that are not specifically required as part of this scope may be acquired separately by the City. c. There are State owned rights-of-way within the City. From time to time the Contractor will be asked by the City (not the State) to perform limited activities such as debris removal, removal of dead animals, trim vegetation, sidewalk maintenance and repair, etc. d. All debris removed in the execution of any work order or project shall be properly disposed of in accordance with all applicable local, state and federal regulation. Debris returned to the Public Works yard area for disposal shall be transferred immediately to the dumpster. Vegetative debris may be stockpiled adjacent to the dumpster at a location approved by the City. If any question arises about disposal it will be the Contractor’s responsibility to notify the City for instructions. Scattering or wasting debris along the right of way or edge of wood lines will not be permitted without prior approval. To be reimbursed by the City, the Contractor shall include landfill tickets to verify disposal. e. The Contractor shall maintain adequate traffic control in conformance with current GDOT and MUTCD standards while performing all maintenance tasks that require work in the right of way. All employees responsible for the implementation of work zones shall be IMSA Work Zone Certified. The Contractor shall provide all personal protection equipment for all employees. Contractor will be required to place temporary signage to alert motorist of work in progress and stay within work zones. Contractor shall not close a road to through traffic at any time during the term of the contract unless authorized by city staff. f. Levels of staff experience (must be obtained within six (6) months of the Notice to Proceed): i. One staff member shall be IMSA Work Zone certified, ii. One staff member shall be IMSA Level I Signs, and Markings certified, ITB 20-PW16 31 | P a g e iii.All Staff must be a certified flagger through the National Safety Council. B.Roadway Maintenance: The City currently maintains approximately 174 miles of centerline miles of roadway that includes 13.15 miles of gravel roads in accordance with the following requirements: a.Vegetation trimming: Work orders may include the trimming of trees and brush that are up to 20-feet in height and 6-inches in caliper for safety and sight distance requirements. This work may require the use of a man lift bucket truck. Where a bucket truck is requested for these services, the Contractor shall provide the equipment with a qualified operator and disposal of material at the unit cost in the bid schedule. The bucket truck must be available upon request within three (3) business days unless noted otherwise. In some cases, trimming work may require immediate attention and be assigned Priority 1 or Priority 2. Contractor must respond accordingly. b.Tree trimming: Possess the ability to trim foliage around street lighting, traffic signals or other tall structures within the right-of-way. This work may require the use of a man lift bucket truck. Where a bucket truck is requested for these services the Contractor shall provide the equipment with a qualified operator and disposal of material at the unit cost in the bid schedule. The bucket truck must be available upon request within three (3) business days. c.Tree Removal: Contractor shall have the manpower and equipment necessary to remove downed trees in the following manner: i.Up to a 24” dbh tree that has fallen in the right of way. Contractor shall remove and dispose of the entire tree, ii.Up to a 42” dbh tree the Contractor shall have the ability to remove the tree and debris from the travel lane in a sufficient manner to reopen a road. Contractor may utilize a specialty tree removal contractor to dispose of the tree with the additional fee being paid by the City as a pass-through cost, ITB 20-PW16 32 | P a g e iii. Trees over 42” dbh may be handled by a specialty tree removal service hired by the Contractor. Contractor shall make every effort to remove limbs and debris from the right of way but may utilize a specialty tree removal contractor to assist in the removal and to dispose of the tree with the additional fee being paid by the City as a pass-through cost. d. Gravel Roads: The City hires part time staff to re-shape and re-grade gravel roads on a routine regular schedule. On occasion and typically following heavy rains, gravel roads will need repair work to fill washouts, apply stone and establish roadside ditches. When this type of work is needed in between the routine regular schedule, a work order will be issued for the Contractor to schedule and repair. e. Pothole Repair: a. The City provides an asphalt cold mix for Contractor. b. Repair work as follows: i. Remove all loose debris from pothole and surrounding area, ii. Remove excess water from within the pothole, iii. Place cold mix in hole. For every hole deeper than two (2) inches, cold mix must be applied in two (2) inch layers. Each two-inch layer must be compacted using a hand tamp before applying additional layers, iv. Place mix with a crown in center at a height 25% higher than the total depth of the pothole. Using a tamp, start in the center and work out toward the edges until thoroughly compacted. Leave a very slight crown. Traffic loading will compact material to surrounding pavement height. v. Spot patch edge of pavement failures, using current industry standards. Some may require a sawing and squaring and/or boxing out shoulder where failure started. Edge repairs should not hold water when repair has been completed. ITB 20-PW16 33 | P a g e f.Repair Sidewalk/Curb and Gutter in accordance with the following: Contractor shall possess the ability to repair sidewalk segments, including brick pavers, curb and gutter, catch basin lids, etc. as directed by the City. Brick Paver repair will consist of leveling to remove trip hazards and low spots. Contractor shall be prepared to demo, haul off and replace sub base when necessary. City may purchase the materials through the Contractor or may purchase them separately. City retains the right to request supplemental pricing for sidewalk/curb and gutter repairs from other contractors. g.Removal and proper disposal of animal carcasses from the right-of-way. h.Removal and proper disposal of trash and debris within the right-of-way. i.Special Event support: The Contractor will be required to provide assistance in setting up traffic control, set up and take down of event equipment, trash and debris control during the event for approximately fifteen (15) events per year. i.The largest event the City conducts is the Crabapple Festival which occurs the first Saturday in October and hosts approximately 10,000- 20,000 people. The Public Works Department is expected to establish all road closures and detour routes in the week preceding the event. During the event the Contractor would be expected to provide manpower to ensure the festival limits remain free and clear of all trash and debris. At the conclusion of the event the Contractor will be expected to assist the City in the removal of all traffic control devices from the right of way and final clean-up of the event area. ii.The City provides all the traffic control equipment for this event. The Contractor will be expected to be able to transport and set up all traffic control equipment in the event area. iii.The second major event is the Mayor’s 5K which occurs in February every year and hosts approximately 500 runners. Staffing is generally required between 5am and 11am and the City provides all the traffic control equipment for this event. The Contractor would be expected to provide assistance with traffic control as well as clean ITB 20-PW16 34 | P a g e up from the event. iv.The remaining events involve basic transport of event materials (i.e. minor traffic control, portable trash cans, podiums, etc.) trash pick- up during the event and clean-up after the event with an average event duration of four (4) hours. The City provides all materials for these events. C.Storm Drain, Ditch Maintenance and other Right of Way Drainage Issues: In accordance with the City’s NPDES stormwater permit, the Contractor shall have responsibility for the following: a.Provide the equipment and labor for storm drain and ditch systems maintenance. Maintain line washing of drainage piping and culverts, vacuuming of curb inlets, catch basins and ditch lines as well as drop inlets for the storm drain system. Typically, this work is accomplished with a jet/vac truck. Where a vac truck is requested for these services the Contractor shall provide the equipment with a qualified operator and disposal of material at the unit cost in the bid schedule. The vac truck must be available upon request within three (3) business days. b.Storm drain repair work shall be included in this scope of work with excavations in/or around storm drain structures or under pavement. Contractor shall be prepared to cut pavement, demo, haul off and replace sub-base when necessary. Work may require removal and replace of storm drainpipe, grout from inside and outside of structure, hand excavation around the structure, placement of flowable fill, compaction and grassing (sod). It is anticipated that this work will be performed with equipment that is specifically required as part of this scope. City may purchase the materials through the Contractor or may purchase them separately. City retains the right to request supplemental pricing for storm drain repairs from other contractors. c.Ability to haul and place #3 & #4 stone, type II or III rip rap, or other aggregates as needed. d.Contractor shall possess, as part of the designated team, the ability to repair, demolition and replacement of catch basin top (including both single wing and double wing type catch basins). Contractor shall have the ITB 20-PW16 35 | P a g e ability to custom make tops based on dimensions on-site. City may purchase the materials through the Contractor or may purchase them separately. City retains the right to request supplemental pricing for storm drain repairs from other contractors. e.Backfilling of all excavation work will require proper compaction in lifts per Georgia Department of Transportation specifications. f.Verify with the City all right of way and easement parameters to ensure that work is not performed on private property. D.Signage and Pavement Marking: 1.General a. The City of Milton sign maintenance program will consist of, but may not be limited to, the following: i.Sign Installation ii.Sign Cleaning iii.Sign Removal iv.Sign Replacement v.Trimming foliage around signs b.Before removal or placement of a signpost, Contractor will obtain all utility locates as required by and in accordance with Georgia Dig Law. c.Foliage trimmed away from around all signs shall be properly disposed of in accordance with local, state and federal regulations. Discarding in the right of way is not acceptable. 2.Materials a.Contractor shall provide all nuts, bolts, washers, tools and other equipment necessary to install signs to post and post to sleeve. b.City shall provide all signs, posts and sleeves. ITB 20-PW16 36 | P a g e 3.Pavement Marking a.Contractor shall have the ability to layout and install preform type hot tape pavement markings, i.e. stop bars, text and short line repairs, etc. b.City will provide the equipment and material for this task. Contractor shall provide standard propane tanks for the equipment. E.Trail Maintenance and Repair: The City of Milton will be constructing approximately 4,000 feet of decomposed granite or crushed stone trail in and around the city. A trail should be in service before the end of 2020 at the former Milton Country Club property off the Dinsmore Road. Additional granite/stone trails are proposed in future years. Occasionally the trail will require maintenance such as repairing a washout or re-grading. Included and as a part of this contract, the Contractor will be required to perform maintenance upon request by the City through the work order process. Work will be based upon and invoiced in accordance with the unit cost in the bid schedule. The City will purchase the stone as needed. All invoicing for Trail Maintenance and Repair must be shown separately. F.Emergency Services: Contractor is expected to participate in the City of Milton’s emergency response program and will be considered as Priority 1 and responded to immediately. Once begun, work will continue until complete, the emergency is terminated, or the priority is downgraded. a.After hour call outs: Contractor shall provide on-call emergency support to the City with any mission critical repairs at all hours outside of normal work hours, 7 days per week, 365 days per year with a response time no greater than two (2) hours. These support services shall include but not limited to assistance with traffic control/detours, debris removal, tree removal, winter storm preparation/snow removal, general labor related issues etc. This work is not to be considered supplemental work and therefore not paid separately. b.Initial road clearing operations: The Contractor shall provide as a part of this contract immediate response to clear roadways from debris for no more than sixteen (16) consecutive hours. Any work beyond 16 ITB 20-PW16 37 | P a g e consecutive hours will be initiated by Task Order only based upon the hourly rates included in the Supplemental unit pricing in the bid schedule. The purpose of this work is to support City staff using general labor and equipment to open travel lanes to vehicular traffic from trees and other debris immediately following a storm event. Debris should be pushed to the opposite side of the road from overhead power lines away from utilities. Routes, if necessary, will be provided by the City. Contractor shall provide equipment to include transportation, use of chainsaws and skid steer loader(s). c. Winter snow/ice removal: The Contractor shall provide as a part of this contract immediate response to remove ice/snow from the roadways. Work will include immediate manpower and equipment necessary to operate spreader(s) during winter operations and with ¾ ton four-wheel drive trucks with snowplows for no more than twelve (12) consecutive hours. Any work beyond 12 consecutive hours will be initiated by Task Order only based upon the hourly rates included in this proposal. Contractor shall provide any and all equipment as listed in this contract. d. Signage: All red series signs that are damaged shall be considered a Priority 2 and replaced within two (2) hours of notification. G. Equipment 1. Tools: Contractor shall equip all vehicles and crews with the necessary safety equipment and basic tools to perform the work outlined in this Scope. The basic tools should, at a minimum but may not be limited to, the following: a. Wrenches and sockets and other standard tools, b. Shovels, rakes, brooms, c. Hand tamp for pothole repair (walk behind vibratory tamp is acceptable), d. Hedge clippers / Hedge trimmers, e. Weed eaters, f. Tree loppers, g. Post removal equipment, h. Post installation equipment, ITB 20-PW16 38 | P a g e i.Chain saws, blowers j.Contractor grade concrete Level, k.Graffiti removal products 2.Contractor shall provide sufficient equipment and traffic control devices to manage their work zones to accomplish the tasks outlines in this section. Contractor shall also provide sufficient traffic control devices to manage a two-lane road closure for emergency operations. The City shall provide additional traffic control devices for special events and larger operations. 3.Contractor shall provide a vehicle, designed to hold signs in a protected position, while providing adequate storage area for other equipment and debris without harm to the signs. Replacement cost will be covered in full by the Contractor for any sign damaged due to poor transportation to the job site. 4.Equipment: In addition to the basic equipment necessary to fulfill the scope of this contract, at no additional cost unless otherwise noted below, the Contractor shall have available, the following equipment and operators for use during normal operating hours and emergency operations: a.1 full size rubber tire backhoe (Cat 416 or equivalent) with trailer b.1 Dump Truck type vehicle large enough to pull full size backhoe and haul a 6-cy salt/sand spreader loaded. c.Mid-size skid steer d.Jumping jack tamp e.Concrete/Asphalt Cut-off saw f.¾ ton four-wheel drive truck with equipped snowplow 5.If a piece of equipment or tool mentioned above is out of service but is needed to complete a pending work order within the schedule provided, then rental equipment is required at the Contractor’s expense. ITB 20-PW16 39 | P a g e STORMWATER INSPECTIONS In accordance with the City’s stormwater permit, the Contractor shall provide for the following: A.Provide complete inspection reports on the City’s stormwater infrastructure maintained by the City for NPDES Annual Reports as set forth by the City. This will require one person dedicated to gather data for every stormwater structure per zone, one zone per year. There are approximately 1,000 structures per zone. The zone map is attached and included in this contract. These are visual inspections only. This is an annual program and must be completed by December 1 yearly. This program should take approximately ninety (90) days to complete. A smart phone or electronic tablet is required by the Contractor for this task. The inspection program is loaded on the smart phone or tablet and is menu driven with the intent of providing an inspection program that is both quick and easy. The Contractor will initiate the schedule and provide the electronic device. This is a lump sum cost and not based upon the actual number of inspections completed. Invoicing for the Stormwater Inspections must be shown separately. B.It is imperative the Contractor meet the strict schedule as noted above. If it becomes necessary for the City to supplement the Contractor’s inspection program in order to meet the deadline, the City will pro-rate the cost based upon the actual number of inspections using the above annual average total of 1,000 structures. ITB 20-PW16 40 | P a g e CITY OF MILTON PUBLIC WORKS WORK ORDER DATA FROM 2/2017 TO 5/2020 ACTIVITY ROADWAY ISSUE STORMWATER SIGNAGE/TRAFFIC EMERGENCY pothole repair 928 dead animal 485 tree removal 178 EOP-shoulder repair 195 debris removal 149 tree maintenance/trimming 92 trash/debris removal 70 litter 95 sight distance issue 37 pick up trash in ROW 31 Bridge deck cleaning 30 cut vegetation in ROW 33 gravel road spot repair 42 sidewalk repair 15 mailbox rut 14 debris in road 8 debris removal from sidewalk 10 damaged curb and gutter 9 broken curb 4 remove limbs on ROW 12 stormwater debris removal 68 clogged drain pipe/culvert 48 catch basin broken lid 21 catch basin-clean throat 29 curb/gutter repair 13 ditch maintenance 21 clogged storm drain 27 clean cross drain pipe 14 erosion complaint 4 repair pipe/culvert 3 broken manhole cover 2 install rip rap 1 Re-install sign/post 454 sign clean 82 barricades needed 22 road closure 4 ITB 20-PW16 41 | P a g e install hot tape 2 snow and ice removal 10 after hour call out 3 2437 251 564 13 ITB 20-PW16 42 | P a g e ITB 20-PW16 43 | P a g e CITY OF MILTON, FULTON COUNTY, GEORGIA PUBLIC WORKS SERVICES COMPENSATION SCHEDULE ~ MUST BE RETURNED WITH BID ITEM Year 1 Year 2 Year 3 Year 4 Year 5 5 YEAR NOT TO EXCEED TOTALS Right of Way & General Maintenance $ $ $ $ $ $ Stormwater Inspections $ $ $ $ $ $ TOTALS 5 YEAR TOTAL $ SCHEDULE FOR SUPPLEMENTAL UNIT PRICING: ITEM DESCRIPTION UNIT UNIT PRICES Trail Maintenance and Repair Linear foot $ General Laborer (emergency services) Hourly $ Project Manager (emergency services) Hourly $ Jet/vac Truck and operator Hourly $ Bucket Truck and operator Hourly $ Self-Load knuckle boom truck w/dump body and operator Hourly $ Dump truck and operator Hourly $ Skid steer loader and operator Hourly $ ___________________________________________________________________________________ NAME/TITLE __________________________________________________________________________________ COMPANY NAME __________________________________________________________________________________ MAILING ADDRESS __________________________________________________________________________________ CITY/STATE/ZIP __________________________________________________________________________________ PHONE NUMBER ___________________________________________________________________________________ EMAIL ADDRESS ITB 20-PW16 44 | P a g e Bid Submittal Form ~ MUST BE RETURNED WITH BID Public Works Maintenance & Operations Services 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 _________________________________________________________________________ ITB 20-PW16 45 | 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 ITB 20-PW16 46 | P a g e Section 101.24 Delete as written and substitute the ENGINEER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON, ACTING DIRECTLY OR THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Section 101.47 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. ITB 20-PW16 47 | P a g e “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.” 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 ITB 20-PW16 48 | P a g e 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. 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 ITB 20-PW16 49 | P a g e 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.” 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. ITB 20-PW16 50 | P a g e The Contractor agrees that acceptance of this final payment shall be in full and final settlement of all claims arising against the CITY for work done, materials furnished, costs incurred, or otherwise arising out of this Agreement and shall release the CITY from any and all further claims of whatever nature, whether known or unknown for and on account of said Agreement, and for any and all work done, and labor and materials furnished, in connection with same.” ITB 20-PW16 51 | 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 1 | P a g e ITB20-PW1 6 -A d d e n d u m # 1 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 20-PW16 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: ___________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: __________________________________________________ CITY: _________________ STATE: ____________ ZIP: _____________ PHONE: ______________________ FAX: _________________________ EMAIL ADDRESS: ___________________________________________ ____________________________________ ______________________ Signature Date ADDENDUM #1 2 | P a g e ITB20-PW1 6 -A d d e n d u m # 1 ADDENDUM #1 ITB 20-PW16 Questions and Answers This Addendum forms a part of the contract documents and modifies the original ITB documents as noted below: 1.Page 11 of the ITB references a 100% performance bond of the base bid price for the contract. Is the performance bond renewable annually or will a full 5 year bond for 100% of the value of the bid be required of the contractor? – This bond can be provided/renewed annually based on the base price of the contract year. ~ SAMPLE CONTRACT INTENTIONALLY OMITTED ~ EXHIBIT “B” HOME OF'THE BEST QUALI TY OF LI E IN GEORGIA' CITY OF MILTON MIL�ON INVITATION TO BID ESTABLISI IED 2006 (THIS IS NOT AN ORDER) Bid Number: Project Name: 20-PW16 Public Works Maintenance & Operations Services Due Date and Time: Public Works Department August 20, 2020 Number of Pages: 117 Local Time: 2:00 p.m. Milton, GA 30004 ISSUING DEPARTMENT INFORMATION Issue Date: July 23, 2020 City of Milton Phone: 678-242-2500 Public Works Department Fax: 678-242-2499 2006 Heritage Walk Website: www.cityofmiltonga.us Milton, GA 30004 Special Instructions: INSTRUCTIONS TO BIDDERS Electronic Submittal: **Bids must be Mark Face of Envelope/Package: submitted electronically via Milton's Bid Number: 20-PW16 BidNet procurement portal/platform Name of Company or Firm at www. cityofmiltongo.us If you have not registered as a Special Instructions: vendor via BidNet we encourage Deadline for Written Questions you to register. There is no cost to August 5, 2020 at 5:00 p.m. join, and you will be notified of any potential bid opportunities with the Submit questions online via the BidNet City of Milton as well as other Direct procurement portal at agencies who are part of the www.cityofmiltonga.us Georgia Purchasing Group. BIDDERS MUST COMPLETE THE FOLLOWING Bidder p Name/Address: Tri Sca es, Inc. Aub r�ri d Bi e �gndtory: 1595 Peachtree Parkway, Suite 204-396 R becca Martin, President I CFO Cumming, Georgia 30041 Please print name and sign in ink Bidder Phone Number: Bidder FAX Number: 770-752-4698 770-752-6792 Bidder Federal I.D. Number: Bidder E-mail Address: 58-2077615 rmartin@triscapes.com BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE ITB 20 -PW 16 1 1 Page ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 20-PW16 Public Works Maintenance & Operations Services 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. ITB 20 -PW 16 13 1 Page The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces within ten (10) calendar days from the Notice to Proceed, and to complete all Work 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 Five percent of Dollars ($ (Five Percent of Amount Bid). total 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. 1 2 Date viewed 08/12/2020 08/12/2020 Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this 20th day of August '2020 Bidder Tri Scapes,lhc. (Seal}; • Company Name - Bidder Mailing Address: Tri Scapes, Inc. 'r F'3L)U i2d 1595 Peachtree Parkway, Suite 204-396 Cumming, Georgia 30041 Signature Print Name: Rebecca Martin Title: President I CFO ITB 20 -PW 16 14 1 Page ESEABLI51I ED 2006 [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): Tri Scapes, Inc., 1595 Peachtree Pkwy #204-396, Cumming GA 30041 SURETY (Name and Address of Principal Place of Business): Hartford Fire Insurance Company, One Hartford PLaza, Hartford, Connecticut 06155 OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 2006 Heritage Walk Milton, Georgia 30004 BID BID DUE DATE: 08/20/2020 PROJECT (Brief Description Including Location): Public Works Maintenance BOND BOND NUMBER:n/a DATE (Not later that Bid due date): 08/20/2020 PENAL SUM: Five Percent of Bid Amount 5% (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'S-` " SURETY Tri Scapes, Inc. (Sear`° Hartfor it Insuran Compan ea Bidder's ame and C rpo ate Seal t.' Surety's and p rat S I By: 4-11G B Signat6re and Title: Tri;k-e1--+I« Signa6(e and Title: Christy Lackey, Attorney In Fact Attest: �*co-OAV-1,j- Signature and`7Me: (Attach Power of Attorney) �) Attest: Signature qnd Title: Account Manager ITB 20 -PW 16 15 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 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 suitor action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, ITB 20 -PW 16 16 1 Page return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. ITB 20 -PW 16 17 1 Page Direct Inquiries/Claims to: THE HARTFORD BOND, T-12 POWER OF ATTORNEY Hartford,One onne tic laza 106155 Bond.Claims cDthehartford.com call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: POINTENORTH INSURANCE GROUP LLC Agency Code: 20-262197 X� Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut 0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana 0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut 0 Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut 0 Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana 0 Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois 0 Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana 0 Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited : Marilyn Brown, Keith H. Dillon, Christy Lackey, John Langsfeld, Fred R. Mitchell, William H. Skeeles, Rita L. Smith, Carolyn F. Smith of ATLANTA, Georgia their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. VI ,I Its qr w, awevn•.r,i', x s �0� i _o�•tPve+.�+. ^'__ .� rcpO0R1 err _ E r _ ! `ate, _ �•. eat�rrhlva • r•af�' :1914 a_ ;tet ia79 ..Z 1919 t ga:ja.'•:•• 1' 'bea1N Ip � Z'• • y''ztrrot5s' r•nH' \..f��a`• - I 0-V John Gray, Assistant Secretary M. Ross Fisher, Senior Vice President STATE OF CONNECTICUT I ss. Hartford COUNTY OF HARTFORD On this 5th day of January, 2018, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. trKr �r b � ��q° • �UNtC * U �� Kathleen T. Maynard Notary Public CERTIFICATE My Commission Expires July 31, 2021 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of 08/20/2020 Signed and sealed at the City of Hartford. d •rt _ ..:•� � '� 1964 .� ,�; 5_ i�= - • ✓ �rF+ ;ttanr.nlrf` rifi�' .:,.1979 a_ ao1 1979 _ 1979 lit t * �:»:� �'bewa.° irA • S�a� • � •`"•�;•'ct,�vR •n�lv' yi'`�.IC`a "'-' Kevin Heckman, Assistant Vice President POA 2018 M1'LT0r\1*k ESTABLISI IED 1006 [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�ot be violatedJn any respect. Print/Type Name Rebecca Martin Date 08/20/2020 Print/Type Company Name Here Tri Scapes, Inc. CORPORATE CERTIFICATE Assistant Mitzi Chambers , certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that Rebecca Martin who signed said bid in behalf of the Contractor, was then (title) President CFO of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of Georgia This 20th day of August 20 20 (Signatu 0 c o ",,`OR G `ORGe �° ITB 20 -PW 16 18 Page 1 ESTAHLISI IED 20D6 [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: Tri Scapes, Inc. ITB 20 -PW 16 19 1 Page ESTABLISHED 1006 [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: 123689 eVerify Number 06/02/2008 Date of Authorization Tri Scapes, Inc. Name of Contractor Public Works Maintenance & Operations Services Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on Aug., 20 , 201020 in Cum"91), GA (state). Signature of Authorized Officer or Agent Rebecca Martin, President I CFO Printed ame and Title of Authorized Officer or ge t ) _ SUBSCRIBED AND SWORN BEFORE ME ON THS THE 20th DAY OF August ,205k 20 NOT RY LIC [NOTARY SEAL] My Commission Expires: ITB 20 -PW 16 20 1 P Z1.J. C t10 G� CA G8C IC I B rABLIST 1[D 2006 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 Tri Scapes, Inc. Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) None List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value None 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: None ITB 20 -PW 16 211Page Public Works Maintenance & Operations List of Heavy Equipment & Trucks Available & Assigned to this Scope Year Make Model Own/Lease 2020 Chevrolet 3/4 Ton Silverado Truck w/snowplow Own 2019 Chevrolet 5500 Silverado Truck Own 2014 John Deere 310SK Loader Backhoe Own 2015 John Deere 326E Skidsteer Loader Own 2020 Jumping Jack Tamp Own 2020 Concrete/Asphalt Cut‐off saw Own ESTABLISHED 2006 CITY OF MILTON, FULTON COUNTY, GEORGIA PUBLIC WORKS SERVICES COMPENSATION SCHEDULE - MUST BE RETURNED WITH BID ITEM Year 1 Year 2 Year 3 Year 4 Year 5 5 YEAR NOT TO Hourly $ 40.00 Project Manager (emergency services Hourly $ 80.00 Jet/vac Truck and operator EXCEED TOTALS Right of Way Bucket Truck and operator Hourly $ 125.00 Self -Load knuckle boom truck w/dump body and operator Hourly $ 250.00 & General $420,000.00 $426,000.00 $433,000.00 $440,000.00 $447,000.00 $ 2,166,000.00 Maintenance Stormwater $20,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $ 100,000.00 Inspections 5 YEAR $ 2,266,000.00 TOTALS TOTAL SCHEDULE FOR SUPPLEMENTAL UNIT PRICING: ITEM DESCRIPTION UNIT UNIT PRICES Trail Maintenance and Repair Linear foot $ 10.00 General Laborer (emergency services Hourly $ 40.00 Project Manager (emergency services Hourly $ 80.00 Jet/vac Truck and operator Hourly $ 300.00 Bucket Truck and operator Hourly $ 125.00 Self -Load knuckle boom truck w/dump body and operator Hourly $ 250.00 Dump truck and operator Hourly $ 80.00 Skid steer loader and operator Hourly $ 80.00 Rebecca Martin, President I CFO NAME/T[TLE Tri Scapes, Inc. COMPANY NAME 1595 Peachtree Parkway, Suite 204-396 MAILING ADDRESS Cumming, Georgia 30041 CITY/STATE/ZIP 770-752-4698 PHONE NUMBER rmartin@triscapes.com EMAIL ADDRESS ITB 20 -PW 16 43 1 Page ESTABLISHED 2006 Bid Submittal Form - MUST BE RETURNED WITH BID Public Works Maintenance & Operations Services 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 points) within the time specified in the Bid Schedule. COMPANY Tri Scapes, Inc. ADDRESS 1595 Peachtree III111001108AMOXICe11M10 PRINT / TYPE NAME Suite 204-39617Cumming, Georgia 30041 Rebecca Martin TITLE President I CFO ITB 20 -PW 16 44 1 Page MILTON% ESTABLISHED 2006 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 20-PW16 Upon receipt of documents, please email, fax or mail this page to: City of Milton Aft n: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: Tri Scapes, Inc. CONTACT PERSON: Rebecca Martin ADDRESS: 1595 Peachtree Parkway, Suite 204-396 CITY: Cumming STATE: GA ZIP: 30041 PHONE: 770-752-4698 DRESS: rma Signoture ADDENDUM #1 FAX: 770-752-6792 triscapes.com 08/12/2020 Date 1 I Page ITB20-P\V 16 -Addendum 9 1 EXHIBIT “C” 1.Project Price: The total amount paid for this Project as compensation for Basic Work shall be as follows: ITEM ANNUAL COST 5 YEAR TOTALS Year 1 (FY20/21) Year 2 (FY21/22) Year 3 (FY22/23) Year 4 (FY23/24) Year 5 (FY24/25) Right of Way & General Maintenance $420,000.00 $426,000.00 $433,000.00 $440,000.00 $447,000.00 $2,166,000.00 Stormwater Inspections $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 100,000.00 TOTALS $440,000.00 $446,000.00 $453,000.00 $460,000.00 $467,000.00 $2,266,000.00 Reimbursement for Costs Associated with Basic Work: The Project Price set forth above includes all costs, direct and indirect, needed to perform the Work and complete the Project, and no separate reimbursement will be made for costs except as specifically agreed in advance via a Work Order. 2.Supplemental and Emergency Services Work: SCHEDULE FOR SUPPLEMENTAL UNIT PRICING: ITEM DESCRIPTION UNIT UNIT PRICES Trail Maintenance and Repair Linear foot $ 10.00 General Laborer (emergency services only) Hourly $ 40.00 Project Manager (emergency services only) Hourly $ 80.00 Jet/vac Truck and operator Hourly $ 300.00 Bucket Truck and operator Hourly $ 125.00 Self-Load knuckle boom truck w/dump body and operator Hourly $ 250.00 Dump truck and operator Hourly $ 80.00 Skid steer loader and operator Hourly $ 80.00 Reimbursement for Costs Associate with Supplemental Work: Except as specifically agreed in advance through a Supplemental Work Order, there shall be no reimbursement for costs for Supplemental Work. All labor hour prices above include associated costs. All unit prices above shall apply to emergency services and supplemental services unless other prices are negotiated and specified in the applicable Work Order. 3.Scope of Work: See Exhibit “A”, “Public Works Operational Services” section. STATE OF Georgia COUNTY OF Forsyth EXHIBIT "D" CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 123689 Federal Work Authorization User Identification Number' 06/02/2008 Date of Authorization Tri Scapes, Inc. Name of Contractor I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on Sept. 10, 20 2Qn Cumming (city), GA (state . _ SignatLre of Authorized Officer or Agent Rebecca Martin, President I CFO Public Works Maintenance & Operations Printed Name and Title of Authorized Services Officer or Agent Name of Project City of Milton, Georgia Name of Public Employer SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 10th DAY OF September. gn 20 NOTA'RYP� �-OT.4 ts, 2024 My Com�i�r�,��,s, 07/19121 C7�? 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 Tri Scapes, Inc. on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor Public Works Maintenance & Operations Services Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _________, 20__ in _____________________ (city), ______ (state). ________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________, 20___. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: ______________________________ EXHIBIT “F” The following individuals are designated as Key Personnel under this Agreement and, as such, are necessary for the successful prosecution of the Work: Individual Position Project Manager Lindy Blount Willie Hawkins Glenn Wright Roni Johnston Superintendent Lead Administrative Manager EXHIBIT "G.1 " PERFORMANCE BOND 20BCS111939 CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Tri Scapes, Inc (as CONTRACTOR, hereinafter referred to as the "Principal"), and Hartford Fire Insurance Company (as SURETY COMPANY, hereinafter referred to as the "Contractor's Surety"), are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of the City, in the sum of Four Hundred Forty Th Dollars ($ 440,000.00 ), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for the project known as Right of Way Maintenance Services (hereinafter referred to as "the Project"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "Contract"). NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions, and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach or default of the Contract: a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) calendar days after written notice from the City to the Contractor's Surety; and b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor's Surety hereby waives notice of any and all modifications, omissions, additions, changes, and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact, as set forth below. [SIGNATURES ON FOLLOWING PAGE] CONTRACTOR ("Principal"): Tri ScaDes, Inc. By: (signature) ggq1111111111 e�xcG� /CCr�i n (prirt�GP`�ES' c' �CoORn TF' Title: t Attest: Date: Y �� (�tAl+'►%print) Title: I, Date: CONTRACTOR'S SURETY: By: Title Attest:. Date: &"-nature) Kam Maynard (print) Title: Account Manger Date: ra I ignature) (print) Attorney In Fact (SEAL) (ATTACH SURETY'S POWER OF ATTORNEY) EXHIBIT "G.2" PAYMENT BOND 20BCS111939 CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT _Tri Scapes, Inc, (as CONTRACTOR, hereinafter referred to as the "Principal"), and Hartford Fire Insurance Company (as SURETY COMPANY, hereinafter referred to as the "Contractor's Surety"), are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of Four Hundred Forty Thousand & 00/100 Dollars ($ 440,000.00 ), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for a project known as Right of Way Maintenance Services (hereinafter referred to as "the Project"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "Contract"). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services, and materials used or reasonably required for use in the performance of the Project, 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 Project, without regard to whether such labor, services, or materials were sold, leased, or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a Lien against the property of the City affected by the Contract, the Contractor's Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers, as set forth below. [SIGNATURES ON FOLLOWING PAGE] Attest: '47 (signature) p4A �"GiLra � (printed) Title: ltf�o, Date: Attest: rf(Norrs1ijj2 ure) Kari Maynard (printed) Title: Account Manager Date: CONTRACTOR: Tri Sca nc. By:Va&k-Ll�� (signature) cl- I JP /" ''T" ✓1 (printed>tzilo,, 8I♦ EQ Title: Date: CONT By: Re! l 1Ct-o SUR signature) Christy Lackey (printed) Title: Attorney In Fact (SEAL) Date: (ATTACH SURETY'S POWER OF ATTORNEY) KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: POINTENORTH INSURANCE GROUP LLC Agency Code: 20-262197 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited : Marilyn Brown, Keith H. Dillon, Christy Lackey, John Langsfeld, Fred R. Mitchell, William H. Skeeles, Rita L. Smith, Carolyn F. Smith of ATLANTA, Georgia their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ��►� 'r+t ..,•.rri~. a 104i _;, _ � � � ^_ � ,woa►oa+ a "•'r ._ 1967 ,gµrr - P,'`RnnrAv� Ryut► .r''; 1879 .F x` 1D74 2 i9T9 John Gray, Assistant Secretary M. Ross Fisher, Senior Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 5th day of January, 2018, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. QKathleen T. Maynard Notary Public CERTIFICATE My Commission Expires July 31, 2021 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Signed and sealed at the City of Hartford. ''`�wnrNv` • Rgrnu► ;', 1979 as 1979 .� 9 • �:�.- ..:�\moi �'Ww1N �+IR .-?�� • RuiS�°" R•r•n�f �,rt�r�• Zj -7 Kevin Heckman, Assistant Vice President POA 2018 Direct Inquiries/Claims to: THE HARTFORD OF ATTORNEY BOND,POWER Plaza6155 HartfOne ord, Connecticut Bond. Claims(a)thehartford.com call. 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: POINTENORTH INSURANCE GROUP LLC Agency Code: 20-262197 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited : Marilyn Brown, Keith H. Dillon, Christy Lackey, John Langsfeld, Fred R. Mitchell, William H. Skeeles, Rita L. Smith, Carolyn F. Smith of ATLANTA, Georgia their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ��►� 'r+t ..,•.rri~. a 104i _;, _ � � � ^_ � ,woa►oa+ a "•'r ._ 1967 ,gµrr - P,'`RnnrAv� Ryut► .r''; 1879 .F x` 1D74 2 i9T9 John Gray, Assistant Secretary M. Ross Fisher, Senior Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 5th day of January, 2018, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. QKathleen T. Maynard Notary Public CERTIFICATE My Commission Expires July 31, 2021 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Signed and sealed at the City of Hartford. ''`�wnrNv` • Rgrnu► ;', 1979 as 1979 .� 9 • �:�.- ..:�\moi �'Ww1N �+IR .-?�� • RuiS�°" R•r•n�f �,rt�r�• Zj -7 Kevin Heckman, Assistant Vice President POA 2018 EXHIBIT "H" NON -COLLUSION AFFIDAVIT OF PRIME PROPOSER/BIDDER STATE OF Georgia COUNTY OF Forsyth Rebecca Martin being first duly sworn, deposes and says that: (1) He/she is President I CFO (Owner, Partner, Officer, Representative, or Agent) of Tri Scapes, Inc. (the "Bidder") that has submitted the attached bid/proposal (the "Bid"); (2) He/she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham bid/proposal; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including in this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other bidder/proposer, firm or person to submit a collusive or sham bid/proposer in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding/proposing in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other bidder/proposer, firm or person to fix the price or prices in the attached Bid or of any other bidder/proposer, or to fix any overhead, profit or cost element of the price of any other bidder/proposer or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Milton or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (6) Bidder has not directly or indirectly violated O.C.G.A. § 36-91-21(d). SUBSCRIBED AND SWORN BEFORE ME ON THIS Signa(re of Authori d Officer or Agent TH� 1�)?,AY OF Sept. 2020. Rebecca Martin, President I CFO Printed Name and Title of Authorized Officer or Agent CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 15, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Superior Fence Company for a Fence at the New Public Safety Complex MEETING DATE: Wednesday, September 21, 2020 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: __________ X X 09/21/2020 X X To: Honorable Mayor and City Council Members From: Rich Austin, Chief of Police Date: Submitted on September 11, 2020 for the September 21, 2020 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Superior Fence Company for a Fence at the New Public Safety Complex _____________________________________________________________________________________ Project Description: The Contractor will provide the installation of a fence at the Public Safety Complex. Superior Fence of Georgia will install of a six-foot capped privacy fence along the northern property line of the Public Safety Complex at 13690 Highway 9, Milton Georgia This also includes all materials, labor, and equipment to complete this work. Procurement Summary: Purchasing method used: 3 Written Quotes ($5,000-$49,999) Account Number: 360-1565-541300100 Requisition Total: $12,104.00 Other quotes or bids submitted (vendor/$) Vendor/Firm Quote/Bid Superior Fence Of Georgia $12,104.00 Atlanta Omega Fence $14,350.00 AOI Group Sales $12,287.00 Financial Review: Bernadette Harvill, September 11, 2020 Legal Review: Sam VanVolkenburgh – Jarrard & Davis, August 19, 2020 Concurrent Review: Steven Krokoff, City Manager Attachment(s): Construction Services Agreement 1 Construction Services Agreement | Version 1.0 PRIVACY FENCE - 13690 HIGHWAY 9 N, MILTON GA This Construction Services Agreement (the “Agreement”) is made and entered into this ____ day of ____, 2020 (the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Milton City Council, located at 2006 Heritage Walk (hereinafter referred to as the “City”), and SUPERIOR FENCE OF GEORGIA, LLC, a domestic limited liability company, having its principal place of business at 13964 Cumming Hwy, Cumming, GA 30040 (hereinafter referred to as the “Contractor”), collectively referred to herein as the "Parties”. WITNESSETH THAT: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project (defined below); and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in the Contract Documents (defined below). NOW THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: Section 1. Contract Documents: This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the Contract Documents: A. Scope of Work, attached hereto as “Exhibit A”; B. Insurance Certificate, attached hereto as “Exhibit B”; C. Contractor Affidavit, attached hereto as “Exhibit C”; D. Subcontractor Affidavit, attached hereto as “Exhibit D”; and E. City of Milton Code of Ethics (codified in the official Code of the City of Milton). In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work: A general description of the Project is as follows: Install a six (6) foot in height capped board privacy fence, seven hundred and twelve (712) feet in length, location as shown “Exhibit A” at 13690 Highway 9 N, Milton, Ga 30004. The Work to be completed under this Agreement (the “Work”) includes, but shall not be limited to, the work described in the Scope of Work provided in “Exhibit A”, attached hereto and incorporated herein by reference. The Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term “reasonably inferable” takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they 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. Section 3. Contract Term; Termination: Contractor understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. Contractor shall commence Work pursuant to this Agreement on or before the start date to be specified on a written “Notice to Proceed” issued by the City and shall fully complete the Work within fourteen (14) calendar days of the start date specified in the “Notice to Proceed”. The City may terminate this Agreement for 2 Construction Services Agreement | Version 1.0 convenience at any time upon providing written notice thereof to Contractor. Provided that no damages are due to the City for Contractor’s breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. The Parties acknowledge that because this Agreement will not impose a payment obligation for work that extends beyond the calendar year of execution, this Agreement does not impose upon the City a multi-year debt obligation such as would place it squarely within the requirements of O.C.G.A. § 36-60-13. Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price (defined below) shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $_12,104.00 (“Contract Price”), except as outlined in Section 4 above. The compensation for Work performed shall be based upon a Flat Fee and Contractor represents that the Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor’s industry, Contractor will give written notice thereof immediately to the City. City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon the City’s certification that the Work was actually performed and costs actually incurred in accordance with this Agreement. No payments will be made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City’s receipt and approval of an invoice setting forth in detail the Work performed, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. A single invoice shall be submitted for the Work at the completion of the project. The invoice shall be accompanied by a waiver and release upon final payment procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. Section 6. Covenants of Contractor: A. Ethics Code; Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the services required by this Agreement. Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub- consultant under a contract to the prime Contractor or higher tier sub-consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Expertise of Contractor; City’s Reliance on the Work. The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that, therefore, the City bears no responsibility for Contractor’s Work performed under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor’s performance. The Contractor acknowledges and agrees that the acceptance or approval of any Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement and shall not relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor’s Work under professional and industry standards. C. Contractor’s Reliance on Submissions by the City. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. 3 Construction Services Agreement | Version 1.0 D.Contractor’s Representative; Meetings. _________________ [INSERT NAME] shall be authorized to act on Contractor’s behalf with respect to the Work as Contractor’s designated representative. Contractor shall meet with City’s personnel or designated representatives to resolve technical or contractual problems that may occur during the term of this Agreement at no additional cost to City. E.Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies, and/or materials necessary to complete the Work; hiring and payment of subcontractors, agents, or employees to complete the Work, including compliance with Social Security, withholding, and all other regulations governing such matters. Any provisions of this Agreement that may appear to give the City the right to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City’s agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. F.Responsibility of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify, and hold harmless the City and the City’s elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an “Indemnified Party” and collectively “Indemnified Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including, but not limited to, attorney’s fees and costs of defense (“Liabilities”), which may arise from or be the result of a willful, negligent, or tortious act or omission arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. G. Insurance. Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit “B”, attached hereto and incorporated herein by reference. Contractor shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Contractor shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Contractor’s Work and that the City and its officials, employees or agents are named as additional insureds. H.Assignment of Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of, this Agreement, without the prior express written consent of the City. I.Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless: Greg Simon 4 Construction Services Agreement | Version 1.0 (1)the Contractor shall provide evidence on City-provided forms, attached hereto as “Exhibits “C” and “D” (affidavits to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and its subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in “Exhibit C”, and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 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 contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as “Exhibit D”, which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt. The Contractor and Contractor’s subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Contractor agrees that the employee-number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] [CHECK ONE] ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. J.Confidentiality. Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, contractors, and/or staff to likewise protect such confidential information. K.Licenses, Certifications and Permits. Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, 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. The Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary or customarily secured for proper execution and completion of the Work. L.Authority to Contract. The individual executing this Agreement on behalf of Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners, or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. M.Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other materials, including those in electronic form, prepared or in the process of being prepared for the Work (“Materials”) shall be the property of the City, and the City shall be entitled to full access and copies of all such Materials in the form prescribed by the City. Any and all copyrightable subject matter in all Materials is hereby assigned to the City, and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. x 5 Construction Services Agreement | Version 1.0 N. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed or belief, political affiliation, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. Section 7. Final Project Documents; Warranty: Prior to final payment, Contractor shall deliver to City copies of any as-built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within one (1) year from the date of completion at no additional cost to the City. Section 8. Miscellaneous: A.Complete Agreement; Counterparts; Third Party Rights. This Agreement, including all of the Contract Documents, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. The reference to “conditions on reverse” in Exhibit A does not incorporate any terms by reference into this Agreement and is ineffective. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. B.Governing Law; Business License; Proper Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern District of Georgia – Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. During the Term of this Agreement, Contractor shall maintain a business license with the City, unless Contractor provides evidence that no such license is required. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor’s profession or business and in compliance with all applicable federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, and Georgia’s Open Records Act (O.C.G.A. § 50-18-70, et seq.). C.Notices. All notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when (1) personally delivered, or (2) on the third calendar da y after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the addresses first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. D.Waiver; Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one specified in such waiver, and that one only to the extent specifically stated. Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. E.Agreement Construction and Interpretation; Invalidity of Provisions; Severability. Contractor represents that it has reviewed and become familiar with the Contract Documents, the nature and extent of the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Contractor represents that it has given the City written notice of all conflicts, errors, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. CITY OF MILTON, GEORGIA By: Steven Krokoff, City Manager Attest: By: Its: City Clerk Approved as to form: CONTRACTOR: Superior Fence of Georgia, LLC By: Its: Member/Manager (LLC) A st/Witness:, , cya� M Its: ((Assistant) Corporate Secretary if corporation) City Attorney RATIFIED BY COUNCIL By: Joe Lockwood, Mayor [CITY SEAL] Construction Services Agreement 1 Version 1.0 “EXHIBIT A” +i i �► i COW 11 91 x 4- Pickets x 6- Boards Cedar P T Pine Virgtrnan Gothic Fr Gothic Dogaar 4' x 4- Posts 4" x 6- Posts 6- x 6" Posts ;,rgmian Fr Gamic Fat 2- x 4- Runners Cedar (2) (3) (4) P.T Pine _ iTRI I f r-tylly'r1ifm) __. _._._ Stra grn veg scallop POs $caw Other Face Slope with grade Hess space! Exposed Straight (more space at bottoms Between Step (targe spares at bottom i 10YU o� La 21 0 0 - FACE FENCE IN ft REMOVAL. R DISPOSAL FACE FENCE OUT GAUGE: GATE POSTS Top Rail Gate Frame moiO Line Posts Barbed Wire Terminal Posts Tension Wire Aluminum Steel Height Styie Picket Size Color Post Size Rings Post taps FINIALS i IPlasbc t )Metal I iTnad t )Quad Flare ( k Total Price S CH W ;redit Card Pri6e $ }- C Deposit $ �C 3eposit $ Balance $ ` , (r� Balance $ TERMS: ',, Deposit - Balance Due upon Completion .&Pted by Purchaser Date Customer is resoonstble for locating property lines and fence location "--... .. '...... _--__..--_.___........._..... _.__. _. Customer is responsible for any necessary Permits and Code Compliance No Warranty against i—lacking shrinking and warpmg of wood fence mater+alEst_im_at^or ^ Date Superior Fence !s not responsible for Sprinklers or Child and Animal Containment. Accepted by Superior Fence Date “EXHIBIT B” 08/21/2020 STARR-MATHEWS AGENCY P. O. Box 1990 Cartersville GA 30120 Sandra Miller (770) 386-0466 (770) 386-3164 smiller@starrmathews.com Superior Fence of Georgia, LLC. 13964 Cumming Hwy Cumming GA 30040 Southern Trust 12610 FFVA Mutual Insurance Co 10385 2020-21 REV A Y Y CPP102004778 03/04/2020 03/04/2021 1,000,000 500,000 10,000 1,000,000 2,000,000 2,000,000 A Y Y ACV102004779 03/04/2020 03/04/2021 1,000,000 A 0 ULC102004780 03/04/2020 03/04/2021 1,000,000 1,000,000 B Y Y WC840-0025610-2020A 02/02/2020 02/02/2021 1,000,000 1,000,000 1,000,000 (GL) Additional Insured - Owners, Lessees or Contractors - Automatic Status When Required in Construction Agreement With You - Form CGD2033 0912. (GL) Additional Insured - Owneres, Lessees or Contractors - Completed Operations - Automatic Satus When Required in Written Construction Contract or Agreement With You - form CGD9036 0912. (GL) Silver Series Plus Preferred General Liability Coverage Enhancement Endorsement - form CGD0906 0716. (Auto) Silver Series Plus Business Auto Coverage Enhancement Endorsement - form CAD0904 0716. (Auto) Designated Insured - AU102 0591. Waiver of Our Right to Recover From Others Endorsement -- form WC000313. City of Milton 13690 Highway 9 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. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY “EXHIBIT C” CONTRACTOR AFFIDAVIT AND AGREEMENT under O.C.G.A. § 13-10-91(b)(1) STATE OF ___________________ COUNTY OF _________________ 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 Superior Fence of Georgia LLC Name of Contractor Privacy Fence – 13690 Highway 9 N 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 My Commission Expires: _________________________________ "EXHIBIT C" CONTRACTOR AFFIDAVIT AND AGREEMENT under O.C.G.A. § 13-10-91(b)(1) STATE OF0- Ol i q COUNTY OF �ti� 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 � 9 (9 L'Z-=W Date of Authorization Superior Fence of Georgia Name of Contractor Privacy Fence — 13690 Highway 9 N 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 0.Oq , 20X in (ci tD, (state). tur of Au Officer or Agent ed Na and Title 6TAuthorized Officer or Agent SUBSCRIBED Aj;1D SWORN BEFORE ME ON THIS THE -1 DAY OF 20aQ. NOTARY PUBLIC ��.�` , j,Ft1STyM •,,,� My Commission Expire41 s,• G T9 • -No “EXHIBIT D” SUBCONTRACTOR AFFIDAVIT AND AGREEMENT under O.C.G.A. § 13-10-91(b)(3) STATE OF _________________ COUNTY OF _______________ By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Superior Fence of Georgia, LLC on behalf of the City of Milton, Georgia, has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub- subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor Privacy Fence – 13690 Highway 9 N 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 My Commission Expires: _________________________________ "N/A" CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 15, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Change Order #1 to the Agreement Between the City of Milton and N Harris Computer Corp (CityView) to De-scope the Bluebeam Studio Prime Program and Replace it with the New CityView Electronic Plans Review Module which Results in a Decrease of the Contract in the Amount of $5,814 MEETING DATE: Wednesday, September 21, 2020 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: __________ X X X 09/21/2020 X To: Honorable Mayor and City Council Members From: Parag Agrawal, Community Development Director Date: Submitted September 15, 2020 for the September 21, 2020 Regular City Council Meeting Agenda Item: Approval of Change Order #1 to the Agreement Between the City of Milton and N Harris Computer Corp (CityView) to De-scope the Bluebeam Studio Prime Program and Replace it with the New CityView Electronic Plans Review Module which Results in a Decrease of the Contract in the Amount of $5,814 _____________________________________________________________________________________ Department Recommendation: Approval. Project Description: The City of Milton and N Harris Computer Corp (CityView) have entered into Professional Services Agreement dated February 20, 2019 (RFP#18-CD02) for Electronic Plan Review, Permitting & Inspections Software for the Community Development Department. This change order is to de-scope the Bluebeam Studio Prime program and replace it with the new CityView Electronic Plans Review module. Removal of Studio Prime results in a reduction of the initial software fee of $2,340 and related subscription fees. The fee for adding the new CityView Electronic Plans Review module is included in the overall program installation however the 1-5 year maintenance terms will need to be adjusted to compensate for maintenance of this additional module ($1,440/year). The overall decrease in the contract will be $5,814. Also included in this change order is a revision to the timing of year one maintenance due to delays in procuring servers, which is a prerequisite to initial installation. The City also obtained their licenses of Bluebeam Revu and started paying maintenance ($1,010) on that product as of March 2019 . Bluebeam Revu maintenance will be invoiced annually on the anniversary of the first-year maintenance start and will be subject to Bluebeam’s rate increases. Page 2 of 2 Original Software Maintenance Payment Terms Year 1: $30,146 (=$26,796 [CityView Software Maintenance] + $1,010 [Bluebeam Maintenance] + $2,340 [Bluebeam Studio Prime]) Year 2: $31,352 Year 3: $32,606 Year 4: $33,910 Year 5: $35,267 Revised Software Maintenance Payment Terms Year 1: $28,236 (=$26,796 [CityView Software Maintenance] + $1,440 [Bluebeam Maintenance]), due January 1, 2020 (invoice will be backdated upon execution of this change order) Year 2: $30,213, due January 1, 2021 Year 3: $31,723, due January 1, 2022 Year 4: $33,309, due January 1, 2023 Year 5: $33,986, due January 1, 2024 Procurement Summary: Purchasing method used: Contract Addendum Account Number: 300-7410-542401000 Adjustment Total: $(5,814) Vendor DBA: N Harris Computer Corp. (CityView) Financial Review: Bernadette Harvill, September 15, 2020 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, September 15, 2020 Concurrent Review: Steve Krokoff, City Manager Attachment: Change Order #1 CHANGE ORDER DESCRIPTION APPROVALS Request Date Change Order / Quotation Quote Number Client/Project Requestor Valid Until Created By Impact Assessment: Estimate impact to budget, work effort and schedule. Total Cost Estimated Planned Delivery Date Payment Terms For Customer For CityView PRINT NAME SIGNATURE DATE THIS DOCUMENT IS PROPRIETARY AND CONFIDENTIAL 02-03-2020 CO20200006 Milton, GA 09-25-2020 Dale Hall Rick Silva Description of the Requested Services This change order is to de-scope Studio Prime ($2,340) and to renegotiate the 1-5 year maintenance terms in light of Studio Prime not being required, and the new CityView Electronic Plans Review ($1,440) maintenance being required. Also included in this change order is a change to the timing of year one maintenance due to delays in procuring servers, which is a prerequisite to initial installation. The City also obtained their licenses of Bluebeam Revu and started paying maintenance ($1,010) on that product as of March 2019, therefore it doesn’t work to have that maintenance amount coupled with the renewal amounts for CityView annual maintenance. Bluebeam Revu maintenance will be invoiced annually on the anniversary of the first year maintenance start and will be subject to Bluebeam’s rate increases. There is no impact to the work effort and schedule. There is a change to the annual software maintenance. See payment terms Year 1: $28,236 (=$26,796 + $1,440), due January 1, 2020 (invoice will be backdated upon execution of this change order) Year 2: $30,213, due January 1, 2021 Year 3: $31,723, due January 1, 2022 Year 4: $33,309, due January 1, 2023 Year 5: $33,986, due January 1, 2024 Approved as to form: _______________________ City Attorney Ratified by Council: ___________________________ by: Joe Lockwood, Mayor CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 15, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Amendment (#4) to a Professional Services Agreement between the City of Milton and SAFEbuilt Georgia, LLC to Extend the Contract from September 30, 2020 to November 30, 2020 MEETING DATE: Wednesday, September 21, 2020 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: __________ X 09/21/2020 X X X To: Honorable Mayor and City Council Members From: Parag Agrawal, Community Development Director Date: Submitted September 14, 2020 for the September 21, 2020 Regular City Council Meeting Agenda Item: Approval of Amendment (#4) to a Professional Services Agreement between the City of Milton and SAFEbuilt Georgia, LLC to Extend the Contract from September 30, 2020 to November 30, 2020 _____________________________________________________________________________________ Department Recommendation: Approval. Project Description: Due to unanticipated delays in the competitive procurement process for Building Plan Review and Inspection Services, the City believes that a contract for such services will not be in place by October 1, 2020. Therefore the City desires to extend the term of the Agreement until the earlier of (a) November 30, 2020, or (b) the date that building inspection services begin under a new contract for building plan review and inspection services. The original Agreement shall remain in effect to the extent not modified by this Amendment. Procurement Summary: Purchasing method used: Contract Addendum Adjustment Total: No changes to the existing revenue sharing agreement Vendor DBA: SAFEbuilt Georgia, LLC Financial Review: Bernadette Harvill, September 15, 2020 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP, September 14, 2020 Concurrent Review: Steve Krokoff, City Manager Attachment: Amendment to Professional Services Agreement AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MILTON, GEORGIA AND SAFEbuilt GEORGIA, LLC This is a FOURTH Amendment to the Professional Services Agreement generally described as City of Milton Building Plan Review and Inspection Services (RFP 10-CD2) effective December 20, 2010 and as subsequently amended in 2015, 2018 and 2019 (collectively the “Agreement”), between the City of Milton, Georgia (“City”), and Safe Built Georgia, Inc. and its successor in interest SAFEbuilt Georgia, LLC (“Consultant”). The City and the Consultant shall be jointly referred to as the “Parties”. RECITALS AND REPRESENTATIONS WHEREAS the Agreement is set to expire on September 30, 2020; WHEREAS the City has initiated a competitive procurement for building inspection services, with the intent that the selected service provider would be under contract and able to begin work on October 1, 2020; WHEREAS due to unanticipated delays in the competitive procurement process for building inspection services, the City believes that a contract for such services will not be in place by October 1, 2020, and therefore the City desires to extend the term of the Agreement for a limited time until a new service contract can be established; and WHEREAS the City’s Purchasing Policy allows for selection of professional service providers without competition when the anticipated value of such services is $50,000 or less, and the City desires to temporarily extent its Agreement with Consultant on that basis; NOW, THEREFORE, Agreement is hereby amended as set forth below: 1.The term of Agreement shall be extended until the earlier of (a) November 30, 2020, or (b) the date that building inspection services begin under a new contract for building inspection services (provided that the City shall give at least seven days prior notice in that event, with informal notice via email being sufficient). 2.Consultant represents that the insurance requirements set forth in Section IV.I of the Agreement shall remain in force during this extension. Upon request, Consultant shall demonstrate evidence of such coverage by providing an up-to-date insurance certificate to City. 3.Consultant shall provide the City with renewed E-verify affidavits, attached as Exhibit E (and Exhibit F if subcontractors are used) to the Agreement to demonstrate continued compliance with E-verify requirements during the extended term of the Agreement. 4.The original Agreement shall remain in effect to the extent not modified by this Amendment. [SIGNATURES ON FOLLOWING PAGE] IN WITNESS HEREOF, the undersigned have caused this Amendment to be executed in their respective names on the dates hereinafter enumerated. City of Milton, Georgia SAFEbuilt Georgia, LLC Signature ____________________________ Joe Lockwood, Mayor Date: _________________________ Attest: _____________________________ City Clerk [CITY SEAL] Approval as to Form: ____________________________ City Attorney ____________________________ Signature Name: ________________________________ Title: ________________________________ Date: _________________________ Thomas P Wilkas CFO 09/14/2020 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 16, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of the Waste and Recycle Services Agreement between the City of Milton and Republic Services MEETING DATE: Wednesday, September 21, 2020 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: __________ X X X X 09/21/2020 To: Honorable Mayor and City Council Members From: Robert Edgar, Fire Chief Date: Submitted on September 15, 2020 for the September 21, 2020 Regular City Council Meeting Agenda Item: Approval of the Waste and Recycle Services Agreement between the City of Milton and Republic Services _____________________________________________________________________________________ Project Description: The Fire Department is currently using Waste Management for waste and recycle services at our three fire stations, which includes three dumpsters and recycle containers. Other city facilities are using Republic Services for their waste and recycle removal. To consolidate services provided to the City, the Fire Department received a quote from Republic Services that will offer an annual savings in waste removal. The agreement with Republic Services includes fire stations 41, 43 , 42 (3 months) and the public safety complex. Procurement Summary: Purchasing method used: 3 Written Quotes ($5,000-$49,999) Account Number: 100-3510-522110000 (Fire) 100-3210-522110000 (Police) 100-2650-522110000 (Court) Monthly Location Totals: 13690 Highway 9 $195.92 (one-time charges $257.46) 750 Hickory Flat Rd $125.79 (one-time charges $225.76) 15240 Thompson Rd $151.08 (one-time charges $225.76) 12670 Arnold Mill Rd $162.61 (one-time charges $225.76) Vendor DBA: Republic Services Other quotes or bids submitted (vendor/$): Vendor/Firm Quote/Bid Waste Management No response Advanced Disposal No response Financial Review: Bernadette Harvill, September 15, 2020 Legal Review: Sam VanVolkenburgh, Jarrard & Davis – August 12, 2020 Attachment(s): Waste and Recycle Services Agreement ft qj W REPUBLIC ap, SERVICES 7130/2020 HONOR MOTES CITY OF MILTON 13690 HIGHWAY 9 N ALPHARETTA, GA 30004 Quote: A206056737 CITY OF MILTON: PROPOSAL Below is our proposal of recommended services, customized for your business needs identified during our discussions. If you ever need additional services, or just need an extra pickup, please give us a call at 678-963-2800. It's that easy. SMALL CONTAINERS Equipment QtylType/Size: 1 - 6 yard Container Base Rate: Frequency: 1/Week Material Type: Solid Waste Equipment Qty/Type/Size: 2 - 96 Gallon Containers Base Rate: Frequency: 1/Week Material Type: Recycling $79.25 per month $67.75 per month Estimated Monthly Amount Small Container Base Rates $147.04 Total Fuel/ Environmental Recovery Fees" $42.97 Administrative Fee* $5.95 Total Estimated Amount $195.92 One Delivery Charge Subtotal $268.00 Valued Customer Discount - Delivery -$57.00 Total Fuel/ Environmental Recovery Fees" $56.46 Total One -Time Amount $257.46 Louis Raimondi Republic Services lraimondi@republicservices.com www.iopublicservices.com The Total Estimated Amount is merely an estimate of your typical monthly invoice amount without one-time start-up charges (e.g., delivery}. It does not include any applicable taxes or local fees, which would be additional charges on your invoice. " FRF, ERF & ADM1N: The Fuel Recovery Fee (FRF) is a variable charge that changes monthly. For more information on the FRF, Environmental Recovery Fee (ERF) and Administrative Fee, please visit the Iinks available on the Bill Pay page of our website, www.repubIicservices.com. The proposed rates above are valid for 60 days. This proposa[ is not a contract or agreement or an offer to enter into a contract or agreement. The purpose of this proposal is to set forth the R PROPOSAL REPUBLIC SEAMES proposed framework of service offerings and rates and fees for those offerings. Any transaction based upon this proposal is subject to and conditioned upon the execution by both parties of Repub[ic Services' Customer Service Agreement. AE 8/14/2020 TERMS AN..I].CON.DITIONS (Continued from previous page) PAYMENT. Customer shall pay Companj for the setvices:and equipment fumisbed.by. Company at the rates provided in this: Agreement. Customer shall pay ail tares, fees'and other governmental charges. assessed against or passed through to Company:(nther than income or real property taxes). Customer shall pay such fees as the Company may impose from time to time by notice.to Customer (including, by way of example only, late payment fees, administrative fees and. environmental fees), with Company to determine the amounts of such fees in its distretion up to the maximum amount allowed by Applicable Lan•. Without l imiting the foregoing; Customer shall. pay Company: (a) a fee of $50.(which Company may increase from time to time by notice to Customer) for each check submitted by Customer. that is art insufficient funds check oris returned or dishonored; (b) fuellenvimnmental recovery fees in the arrinunt shown on each of Company's. invoices, which amount Company may increase or decrease. from time to time by showing the amount on the invoice; and (c) a late payment fee of 1,5% per inonth of the amount.past due. Customer shall. pay Compaay`withih 20 days afler the date of Company's invoice. At any time after Company becomes concerned.about. Customer's .creditworthiness or atter Customer, has made.any late payment; Campany may request, and if requested Customer shall pay, a deposit in An:amount equal to one menth'S charges under this Agreement. RATE ADJUSTMENTS: Comp hy.may, from time to. time by notice. to Customer, iitcrease.the rates provided in this Agreementto adjus( for any increase.in:. (a) disposal casts; (b) transportation costs due to a change in location of Customer or the disposal or reeve] ing.faeiIity used by Company;. (c) the Consumer Price Index for All Urban Consumers (Water, Sewer. and Trash Collection Services), .UIS. -City Average; (d) the AEerage weight per cubic yard of Custrnner $ Waste Materials above the number of pounds per cubic yard upon which the rates. provided in this Agreement are based as indicated on the cover page: of this Agreement; (e) recycling sorting, processing and related costs; (f) costs related to Customer s.fai€urc:taseparate Recyclable Materials from other Waste Materials, the contamination of the Recyciab€e..Material s, or other decreases in the yalue of the .Recyclable Materials_ or (g) Company's costs One to changes. in Applicable. Paws. Company may increase rates for reasons other than those set forth above with Customer's consent, which may be evidenced verbally; in wiling or by the parties' actions and practices - SERVICE CI1XNGES- ractices.SERVICE.CIIaNGES. 'The:parties may change the type; sire or amount of equipment; the type or frequency of service, and: correspondingly the rates by agreement o£ the.parties, which may be evidenced verbally, in writing or by the parties'. actions and practices. This Agreement shall apply to any. change of location of Customer within the area in which Company provides collection and disposal services; RECYCLABLE.lVL4TERIALS. This section applies in the event. Company has expressly: agreed to remove and transport Recyclable Materials {material :that Company determines can be recycled typieaiiy including, v,•ithoAt limitation, aluminum.cans,(UBC—Used Beverage C.ontairiers), cardboard (free of wax), ferrous metal cans, mixed office paper, newspaper and plastics containers) to a material recovery facility, recycling center or similar facility. Customer agrees that Company in its sole: discretion may. determine any single load is contaminated. And. may. refuse to collect if or may. charge. Customer for any additional costs, including (but not :limited to) sorting, processing, transportation and disposai fasts. Customer shall comply with all Applicable Law's regarding the. separation of solid waste from Recyclable Materials and use of its best efforts to not place items in the container that maymsult in the decrease in the value of Recyclable Materials or make theReeyclab€e Materials unsuitable for recycling. RESPONSIBILITY FOR EQUIPMENT-, ACCESS. Any equipment Company furnishes shall"remain Company's property, Customer shalLbe Iiable%for all.Ims or damage. to such equipment (except for normal wear and tear and for l.oss.or damage resulting from Company's handling of the equipment). Customer shalt use the equipment only for its proper. and intended purpose and shall not overload (by 'weight or Valume), move or alter. the equi pment. lf'a.Compariy container: is moved from Customer's service address. by Anyone. other than Company, Customer agrees to pay Company $250 per moved container, which amount is a reasonable estimate of the damage Company wi€I incur: from the. unauthorized moving. of its container. CUSTOMER SHALL INIII;MNiFY, DEFEND AND HOLD HARMLESS COMPANY FROM. AND AGAINST ALL LOSSES ARISING FROM ANY INJURY OR DFATI4 TO PERSONS OR LOSS OR DAMAGE TO PROPERTY{INCLUD.ING THE EQUIPMENT) ARISING OITT QF CU'STOMER'S USES OPERATION OR.POSSESSION: OF THE EQUIP.hfFNT. C�istomer shall provide safe, un obstructed. access to the equ.ipinent on the scheduled coil ection day- Company may charge an additional fee fnr.anyadditional collection service. required by Customer's faiIure.to.provide access. DAMAGE TOPAVENI ENT. Company shall not be responsible.for any damages. to.Customer's pavement; curbing or other driving surfaccs.resulting tiom.Company's..providing s.ery ice at Customer's lucatian. SUS PENSIONi €f.any amount due: from Customer is not paid within 60 days after the date of.Company's. invoice, Company may, without riotice and without terminating this Agreement, suspend. cgliecting and disposing of Waste Materials until.Cnstamerhas paid such amount to Company. If Company suspends service, Customer shall pay.Comparty a service interruption fee in an amount determined by Company in its discretion up to the maximum amount allowed. by Applicable Law. TERMINATION. In addition to its: above suspension rights, Company may terminate this Agreement immediately by written. notice to Customer if (a) any of the:infonnat'ion contained. i6 tiny credit. application submitted.ta Company in connection with this,Agreement is untrue or (b) Customer breaches this Agreement and fails to cure such breach within 10 days after Company gives Customer written. notice of the breach. Company's failure to suspend service orterr"mate this Agreement:when Customer fails to:timely pay or otherwise breaches.this Agreement shal not: constitute a waiver of Company's right to suspend service.' or terminate this Agreement for any futurefailure to pay or other breach, PAYhIENT UPON TFIWINATION. It Customer terminates this Agreement before its expiration other than as a. result of a breach by Company, or if Company terminates this Agreement as a result of a breach by Customer (including nonpayment),. C ustomer shall pay:Company an amount equal to the most recent month's month lycharges multiplied by the lesser of (a) six months or (b) the number, of months remaining in the term. Customer acknowlcdges.that in. the:event of such.a terimralion, actual. damages to company would be uncertain and diitTicult:w ascertain, such amount is the best, reasonable anal objective estimate: of the actual damages to Company,. such amount does not constitute a penalty, and such amount is reasonable under. the Orcummances: Any. amount payable under this paragraph shall be in addition to amounts Alreadyowing under this Agreement. RIGHT TO FIRST.REFUSAL. Customer agreesto notify .Company in wi-iting.of any offer that Customer ieceives::from any third party relating to the provision of any permanent or. temporary collection. disposal uri or recycling services dng the Term of this Agreement ("Offer") and agrees to. give Compainy the rightof first refusal andreasonable. opportunity to match such offer. ASSIGNM.E YT—Customershali not assign this Agreement Without Company's prior written consent, which Company shall not unreasonably withhold. Company may assign this Agreement without.Customer's consent. EXCUSED PERFORMANCE. Except for Custoi-tier's obIigativh to pay amounts due to Company, any:fail ureor delay in performance due to contingencies beyond.a party's reasonable.:cont",. including. strikes; riots, terrorist acts, compliance with Applicable Laws or governmental orders, fires and acts of God, shal1.not coatitute a breach: ofthis Agreement.. ATTORNEYS' FEES. If anylitigation is commenced under thisAgreetrient; the successful party shall be entitled.. to recover in addition to such other relief as the court may award, its reasonable attorneys' fees, expert witness feesjitigation related expenses, and court or other. costs incurred in such litigation or proceeding. COMMUNICATIONS... To ensure iimelyand accurate receipt. of communicati ons,al 1. coin mutiications.to Company regarding this Agreementand/orthe Services must come directly from Customer. Customer acknowl edges .that Company -mi II not accept any communications from any;third parties acting as the C.ustomer's agent or representative (absent proof of Mcdical:necessity as reasonably' determined by Company). All notices to Company shall be in ',truing, shall be sent prepaid certified or overnight mail, return receipt requested, and must be received by Company, Any notice related to this contract will be deemed of ective.60 days from the return receipt date. MISCELLANEOUS. If service to Customer includes Container Refresh, Customer is Iimited to.requesting.one exchange of each participating container. ever} twelve months pt' paid.enrollinent; any additional exchange issubject to Company's standard container exchange fee. Customer agrees that during any enrollinentgear in which Customer reveres an exchange under the program, any service change request by Customer to cancel Container Refresh .will. not be effective until Customer completes paymentfortwelve (12) consecutive months ofenrolImentin the.program. Company.reserves the, right, in its sole discretion, to suspend.or.cancel the Container Refresh program. This Agreementsets forth the entire agreement of the parties and supersedes all prior agreements; whether written or oral, that exist between the. parries regarding the sobjectmatterof this..Agreement..Company shall have no confidentiality obl igation: with respect to any Waste Materials. This Agreement shall be binding upon and inure solely to the benefit of the parties and their permitted assigns. If any provision of this Agreement shall be invalid, illegal or unenforceable, it shall be modified so as to be valid, legal and enforceable but so as most nearly to retain the intent of the parties. If such modification is not possible, such provision shalt be severed from this Agreement. In either case, the vat idity, legal and enforceability of the remaining provisions of this Agreement shall not in anyway be affected thereby. Customer and Company agree that electronic signatures are valid and effective, and that an electronically stored copy of this Agreement constitutes proof of the signature and contents of this Agreement, as though i were an original. CUSTOMER'S INITIAL: DATE: lotc cemen . "Polem I ft,*Vityof Supplement'Mis Supplement is attached to each Custonjer Service Agreement ("Aggreetrient") between the City of Milton, Georgia ("Cus Omer") and BFI Wa!Ae Services, LLC D/B/A Republic Services of Georgia, ("Company"). The provisions of the Supplement control over any contrary provisions found in the Agreement. 2. �Sttatq or_y__AutojcqT)inaIioII 344RFq ew41: As required by O.C.Q.A. § 3&60_13(a), during the initial tQrm anCl ally renewal testi, the Agrcemetit shall terhninate absolutely and without further obligation on the, part of Customoon Depembr cr 'I each calendar year, and shall automatically renew on January I of each subsequent calendar year of the applicable term, absent Customer's provision of written notice of tion,renewal to Company at least thirty (30) days prior to the end of then -current calendar year. Title to any supplies, materials, cquiptnciit, or, other personal proper ty (if any should transfer undcc t Agreement) shall rimajrt in Company uutii fully paid for by Customer. 3. Rate,4gst_"i, nes_ As required by O.C.G.A. § 36-60-13(a), if, due to rate or fee increases (other than fees charged for late, or improper paymont by Customer), cu§topiges regular' Mon ty obligation under the Agreement increases by mom, than 251/a above tho amount stated in th# Agreement, Customer may terminate, the Agreement for convcnie4,w;e, gn further dwithoutfurth p—aym.,eat, j,mby providing -oviding notice to Company 60 days in advance o termination.. 4, SServices. �n4 dispose Customer's grant to Company of the exclusive right to collect, tranWrt a is of or recycle all of Customer's Waste Materials will only,apply to the locations stated irr the Agrewng and not to a] I locations maintained by Customer. S. Sovereign Immunit Nothing contained in the Agreement �L shall be construed to be a waiver of Customer's sovereign imiln,unity or ally individual's qualified, good faith or official imi-nunities. Nothing twercin shall be construed as creating any individual or personal liability on the part of any of Customt;r~s elected or appointed officials, officers, boards, commissions, employec�, mpm-sentat'ves, consult % sarva _Pts, aggatsatWweys Or volmteers. To. the extent thg, Agreement im ,s pose n a contractual duty of inde nnificatjom. croon the Custo .w,, such duty shall apply only to the extent, if any, allowed by law, and then only to the extent Of Customer's, fault or wrongdoing. 6. Agroemen _jll t:l _��o d ications. Modifications to the Agreement will only be effective if in writing and signed by a duty authorized representative of each party. T, NM. Wfg, QUiuk UWA (4, Al , K*W of M_ EVA L, Ttkg iia, tkw�, A,% �knocot 0A I. W, FjW WOW' and " AOWwe FtW AM (MON 0-k. Notice: Nt ,)0cotoeither party shall b deemed efttivo on the date of receipt. 9. Co_e�ofLaw V Tb# Agmaient steal I be govauW by 4P4 cipastrawd, in accordance with the laws of the State of Georgia wiltregard to choice of law principles, tf apy action at law or in equity is brought to enforce.Agreement, the rules, nl�gulatioris, , or int vrpr:t the provisions of this statute _4 laws of the Mate of Qeor$la _willcontrol. Any action or suit rotated to this Agreerncnt shall be brought in the Superior Court of Fulton County, Georgia, or theU.$ w District Cofor the, Northern District of Georg, 10. Ethics: Company and Customer acknowledge that it is prohibited for any person to off#r, give, or :;gree to Ove Any City of Milton emnlovee or off cial. or for any City mulem or offlOal LO suliciL dipM# - person, a gratuity of mare than nominal value or pd, accept, or, agree to accept from another rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation., or preparation of any pail of a program requirement or a purchase request, influcilcin- the content of ally spcclfication or procurcruent standard- rendering of advice. investigation, auditing, or In any other advisory capacity in arty proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertainingtoairy program requirement or a contract or subcontract, or to arty solicitation or proposal therefor. Company and Customer further _4qowledge a that it is prohibited for any payment, gratuity, or offer of employment to be made, by or on behalf of asub-contractor on-dvr ar,,onwwt to the prime contractor - or higher tier sub-contmetor, or any person associated them?with,as art ment for the award of a subcontract or order. 11. Nondj§&�—mo$ji�a: In accordance with Title V1 of the Civil Rights Act of 1964, as amended 42 U.S.C. § 2000d, section 303 of the. A Discrimination Act of 1975, as an -v rided, 42 U.S.C. § 6 t 02, section 202 of the Americans with -b n Pisa ilities Act of 1990, 42 U.S.C. § 12132, and all, other provisions of federal law, Company agrees that, during performance of this Agreement, Company, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier Wcause of race, color, creed, national origin, gender,agrees to comply with all applica le age or disability. In addition, Comp�m' implementing, regulations and shall include the provisiqt,�s of this paragraph. in iwv sobs, ontmet for services contemplated under this Agreement. 11 Employment of.Unauthorized Aliens Prohibited= E&N Affidavit: Pu-rwiaW to O.C.G.A. § 13- 10-91, Customer shall not enter into a contract fq-r the physical per-fonn* w of services unless Company shall provide evidence on the fort-ris, at � taelted, hereto as Ex4ibits "A" and -13" (affidavits regarding compliance with the E: ,Verify prograrn to be sworn under og_tfh under er criniinal ponaity of false swearing pursuant to O.C.G.A. § 16-10-7 1), that it and its subcontractor's have mai4wed with, are authorized to use and use the federal work authorization program commonly known as E. Verify, or any wbsequent replacement program, in accordance with the applicable provisions and deadlines estat4ished in O.C.G.A. § 13-10-91, and that the y will continue to use the federal work autliorizatiot program throughout the contract period. Compo" hereby verifies that it has, prior to e�xecutiag, this. Agreement, executed a notarized affidayit, the form of which is provided in Exhibit "A", and stabmitted such affidavit toCustomer. Further, Company 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 300-1 O-1-. 2. in the event Company employs or contracts with arty subcontractor(s) in connection with the Agreement, Company agrees to secure rrom such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.0?, by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "B", which subcontractor affidavit shall become part of the Cornpanylsobc ontractor agreement. If a subcontractor affidavit is obtained:, Company agrees to provide a completed copy to, F within five ()business ) Wsine$s day receipt Customer s of r eipt frpm any subctmtractor. Company and ,, 5 Company's subcontractors shall retain all documents and records of their rv4pective verification process for zi the greater of (a) a period of one (1) year following cornpletion of the contm,;t' or (b) three (3) years after thed _ that the employee-awticr q'a of hire. Company agrees XgQ dpisig,",10 below is applicable, to it: $00 or more employees 100 or more employees Fewer than 100 em ployeeos Company hereby agrees that, in the event Compallygmplpys or contracts with any subcontractor(s) in connection with the Agre. ement and where the stibcontractor is require to provide an affidayi' t pursuant to O.C.G.A. 13-10,91, Company will Secure from the Subcontractor(s) sugb- subcontractor(s') indication of the above employee -number category that is applicable to 04 subcontractor. The W ab or ,ove requirements shall be in requirements state and fed law, and shall bo cpq_gtrislaws. nd to be in ponfonnity with tho COMPANY Si nature: Print Name: TRW Aft"01WItowt CITY, OF MILTM, GJWRGIA. -- - ------- By; Jac Lookwood,m4yor [CITY" SEAI A1KimV'W,'kA"c% $igntum . Judie Gorden, city Clerk App.rqv,vd as to, form: City Attorney 6.4r&i'[ovJ eON1'tlAC'fOR AFVIDAVIT ANn AGltEEm'NT ,~~,~~gj;!t.i:£\:IE'thi:~,,\If[~Y'if!;,th~,!;!I'!4~r~1~~~d>~~D.tr1!gt~fr'v.~p~&~§;~g~lT!p!rM,e~wiltl}©:·l9·~,A,s:p:~I\Q".~}i!~~~~jn~ llW:!1IJ;I~,ti\!~I~'lli.llt,tb"~i.1J~d:~x.jql!lll;,~i:~..,~'~mp~~J;iQ~\\(.\:l:i:cJ:tt~~.H~~~ip!.t.b.~~h~~i~.l!,ll!t>~Jl{Q~'@'I}.<;,~Q,f ~JNt~~~Q.lill b~tm1f,Qf th~Cjty of MHt<m,(1&{1f~jgh..~f§~m~l'~~wiU!,i~!!ll.Jhor~§g t!:l !J§§ill'lQ y§.~th~t:€;~ffl!wor'"ID!!!lc;tci~ti9l.l, Pfg~(~1Jl2~K>lllffl,Q!JJ;Y1~i10W,1}as EW!~fi~.~f any'Sl;!~~ijen~FefJIM~!Mftr pmgrnm.:.in M®!,daf!g~with the amj)ltga~l~ l!!:Q,'(isi~~'@.~<1<:ii<1lkI},~~~~b)i~b.~ill.o..~-,<;}..A,.§,U .•.l O,.,.9L,~~l~llJll,Q~thc~:YI!J!~~gll~~~Qfl~~C,!l)l?\\(.l1l~QDti~1,!~ 19 !!l?e ~~f«d~Ji!1WQ.f~!!!!tb.9f~ti~fl W'!:l~rgm t:J:iJ'QM~QYJ tlJ.@ qQI)JN~l ~~fiQ~lIDQtht;~lIDq~r'§~¥l~~Q!ilfl:L~.Q~will. ~@I!tr1!~~fQr-tM,phy§,j'ea)'p~r{Qf!1lAn~~Q.rs~i'c;~,~iJt Sl!ti§fi!~tiQfl'Qtsm;)1<;~l]tf~§h)ftJy'with §!Jt>~Qfltr!!§!Gf,'}wh..Q pr~§§Il! ~!ll~4}Jd~'(it.t.Qi tb~·~»1Vlt~t~1["X,iil),t~,t~~~i:0.1l!1'~lJ.'ili~,4J~<¥,Q",q;.,e};;..A.~113;-;.~Q;..~H(~)~, CC:<Mllt.~~t~!jJ~~~1!Ji.~11.1/l;C;!;.1tiJi.%'(~l \X~1k It'l!!.1i\il.~Il~~~ttl;0,ltl?f€lr i~~ttilil~~~ii>,@jfil;1;!1llil.1i~~@ r;i~t~0~'~mMmi1:£~'~@lll~'ii~ ~~fu~t~iXX~": I h~feby d~@blfelUl~f p@rnllty !;Jfp~jY:.rytoot t~f~f{~~~in~i~troo tIDd §@'rr~~F ~,d~t:~J.W Qrk Alltl1Q,ci~at~:ftU~.{ l~~!ltifi@~!:l~!lN~b~I Wag.l~an<ii!~<te-:t&kW1;e~lIl~SeJNrt~S; N@.m~~~r~oot PfiJ.}l~d'N~0'a»gill'~~0.fA~<l>rIcz~d!~)ffl<i;'~f ~Ai~tt ([iN 01 MT~ljt0.lil,>®l~m¢iat N@m~~~bU~~~~.x ~~s{C'm~~D"A}IrI)SW<?,~'~EiP:O~»~ (Qj llflllJS:lH~17 DAY ~, =:=k~~~~~~_~'2l~C1o" LAURA JANICk NOTARY PUBlIC BAltROW COUNl)'.CEORCI~JpJJMyCoMMissiONExplmI)•••.t1 J PROPOSAL T REPUBLIC SERVICES 7/30/2020 HONOR MOTES CITY OF MILTON 750 HICKORY FLAT RD MILTON, GA 30004 Quote: A206056581 CITY OF MILTON: Below is our proposal of recommended services, customized for your business needs identified during our discussions. If you ever need additional services, or just need an extra pickup, please give us a call at 678-963-2800. It's that easy. Equipment Qty/Type/Size: 1 - 4 yard Container Base Rate: $68.50 per month Frequency: 1/Week Material Type: Solid Waste Equipment Qty/Type/Size: 1 - 96 Gallon Container Base Rate: $23.75 per month Frequency: 1/Week Material Type: Solid Waste Small Container Base Rates Total Fuel/ Environmental Recovery Fees" $92.25 $27.59 Administrative Fee" $5.95 Total Estimated Amount $125.79 Delivery Charge Subtotal $235.00 Valued Customer Discount - Delivery -$58.75 Total Fuel/ Environmental Recovery Fees" $49.51 Total One -Time Amount $225.76 Louis Raimondi Republic Services Iraimondi@republioservices.com www.rei)ublicservices.com The Total Estimated Amount is merely an estimate of your typical monthly invoice amount without one-time start-up charges (e.g., delivery). It does not include any applicable taxes or local fees, which would be additional charges on your invoice. FRF, ERF & ADMIN: The Fuel Recovery Fee (FRF) is a variable charge that changes monthly, For more information on the FRF, Environmental Recovery Fee (ERF) and Administrative Fee, please visit the links available on the Bill Pay page of our website, www.republicservices.com. The proposed rates above are valid for 60 days. This proposal is not a contract or agreement or an offer to enter into a contract or agreement. The purpose of this proposal is to set forth the REPUBLIC PROPOSAL SERVICES proposed framework of service offerings and rates and fees for those offerings. Any transaction based upon this proposal is subject to and conditioned upon the execution by both parties of Republic Services' Customer Service Agreement. AE 8/25/2020 TERMS AND CONDITIONS (Continued from previous page) PAYMENT. Customer shall pay Company for the services and equipment famished by Company at the rates provided in this Agreement. Customer shall pay all taxes, fees and other governmental charges assessed against or passed through to Company (other than income or real property taxes). Customer shall pay such fees as the Company may impose from time to time by notice to Customer (including, by way of example only, late payment fees, administrative fees and environmental fees), with Company to determine the amounts of such fees in its discretion up to the maximum amount allowed by Applicable Law. Without limiting the foregoing, Customer shall pay Company: (a) a fee of $50 (which Company may increase from time to time by notice to Customer) for each check submitted by Customer that is an insufficient funds check or is returned or dishonored; (b) f tel/environmental recovery fees in the amount shown on each of Company's invoices, which amount Company may increase or decrease from time to time by showing the amount on the invoice; and (c) a late payment fee of 1,50/6 per month of the amount past due. Customer shall pay Company within 20 days after the date of Company's invoice. At any time after Company becomes concerned about Customer's creditworthiness or after Customer has made any late payment, Company may request, and if requested Customer shall pay, a deposit in an amount equal to one month's charges under this Agreement. _ RATE ADJUSTMENTS. Company may, from time to time by notice to Customer, increase the rates provided in this Agreement to adjust for any increase in: (a) disposal costs; (b) transportation costs due to a change in location of Customer or the disposal or recycling facility used by Company; (c) the Consumer Price Index for All Urban Consumers (Water, Sewer and Trash Collection Services), U.S. City Average; (d) the average weight per cubic yard of Customer's Waste Materials above the number of pounds per cubic yard upon which the rates provided in this Agreement are based as indicated on the cover page of this Agreement; (e) recycling sorting, processing and related costs; (f) costs related to Customer's failure to separate Recyclable Materials from other Waste Materials, the contamination of the Recyclable Materials, or other decreases in the value of the Recyclable Materials; or (g) Company's costs due to changes in Applicable Laws. Company may increase rates for reasons other than those set forth above with Customer's consent, which may be evidenced verbally, in writing or by the parties' actions and practices. SERVICE CHANGES. The parties may change the type, sin or amount of equipment, the type or frequency of service, and correspondingly the rates by agreement of the parties, which may be evidenced verbally, in writing or by the parties' actions and practices. This Agreement shall apply to any change of location of Customer within the area in which Company provides collection and disposal services. RECYCLABLE MATERIALS. This section applies in the event Company has expressly agreed to remove and transport Recyclable Materials (material that Company determines can be recycled typically including, without limitation, aluminum cans (UBC — Used Beverage Containers), cardboard (free of wax), ferrous metal cans, mixed once paper, newspaper and plastics containers) to a material recovery facility, recycling center or similar facility. Customer agrees that Company in its sole discretion may determine any single load is contaminated and may refuse to collect it or may charge Customer for any additional costs, including (but not limited to) sorting, processing, transportation and disposal costs. Customer shall comply with all Applicable Laws regarding the separation of solid waste from Recyclable Materials and use of its best efforts to not place items in the container that may result in the decrease in the value ofRecyclable Materials or make the Recyclable Materials unsuitable for recycling. RESPONSIBILITY FOR EQUIPMENT; ACCESS. Any equipment Company furnishes shall remain Company's property. Customer shall be liable for all loss or damage to such equipment (except for normal wear and tear and for loss or damage resulting from Company's handling of the equipment). Customer shall use the equipment only for its proper and intended purpose and shall not overload (by weight or volume), move or alter the equipment If a Company container is moved from Customer's service address by anyone other than Company, Customer agrees to pay Company $250 per moved container, which amount is a reasonable estimate of the damage Company will incur from the unauthorized moving of its container. CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY FROM AND AGAINST ALL LOSSES ARISING FROM ANY INJURY OR DEATH TO PERSONS OR LOSS OR DAMAGE TO PROPERTY (INCLUDING THE EQUIPMENT) ARISING OUT OF CUSTOMER'S USE, OPERATION OR POSSESSION OF THE EQUIPMENT. Customer shall provide safe, unobstructed access to the equipment on the scheduled collection day. Company may charge an additional fee for any additional collection service required by Customer's failure to provide access. DAMAGE TO PAVEMENT. Company shall not be responsible for any damages to Customer's pavement, curbing or other driving surfaces resulting from Company's providing service at Customer's location SUSPENSION. If any amount due from Customer is not paid within 60 days after the date of Company's invoice, Company may, without notice and without terminating this Agreement, suspend collecting and disposing of Waste Materials until Customer has paid such amount to Company. If Company suspends service, Customer shall pay Company a service interruption fee in an amount determined by Company in its discretion up to the maximum amount allowed by Applicable Law. TERMINATION. In addition to its above suspension rights, Company may terminate this Agreement immediately by written notice to Customer if (a) any of the information contained in any credit application submitted to Company in connection with this Agreement is untrue or (b) Customer breaches this Agreement and fails to cure such breach within 10 days after Company gives Customer written notice of the breach. Company's failure to suspend service or terminate this Agreement when Customer fails to timely pay or otherwise breaches this Agreement shall not constitute a waiver of Company's right to suspend service or terminate this Agreement for any future failure to pay or other breach. PAYMENT UPON TERMINATION. If Customer terminates this Agreement before its expiration other than as a result of a breach by Company, or if Company terminates this Agreement as a result of a breach by Customer (including nonpayment), Customer shall pay Company an amount equal to the most recent month's monthly charges multiplied by the lesser of (a) six months or (b) the number of months remaining in the term. Customer acknowledges that in the event of such a termination, actual damages to Company would be uncertain and difficult to ascertain, such amount is the best, reasonable and objective estimate of the actual damages to Company, such amount does not constitute a penalty, and such amount is reasonable under the circumstances. Any amount payable under this paragraph shall he in addition to amounts already owing under this Agreement. RIGHT TO FIRST REFUSAL. Customer agrees to notify Company in writing of any offer that Customer receives from any third party relating to die provision of any permanent or temporary collection, disposal or recycling services during the Term of this Agreement ("Offer") and agrees to give Company the right of first refusal and reasonable opportunity to match such Offer. ASSIGNMENT. Customer shall not assign this Agreement without Company's prior written consent, which Company shall not unreasonably withhold. Company may assign this Agreement without Customer's consent EXCUSED PERFORMANCE. Except for Customer's obligation to pay amounts due to Company, any failure or delay in performance due to contingencies beyond a party's reasonable control, including strikes, riots, terrorist acts, compliance with Applicable Laws or governmental orders, fires and acts of God, shall not constitute a breach of this Agreement. ATTORNEYS' FEES. If any litigation is commenced under this Agreement, the successful parry shall be entitled to recover, in addition to such other relief as the court may award, its reasonable attorneys' fees, expert witness fees, litigation related expenses, and court or other costs incurred in such litigation or proceeding. COMMUNICATIONS. To ensure timely and accurate receipt of communications, all communications to Company regarding this Agreement and/or the Services must come directly from Customer. Customer acknowledges that Company will not accept any communications from any third parties acting as the Customer's agent or representative (absent proof of medical necessity as reasonably determined by Company). All notices to Company shall be in writing, shall be sent prepaid certified or overnight mail, return receipt requested, and must be received by Company. Any notice related to this contract will be deemed effective 60 days from the return receipt date. MISCELLANEOUS. If service to Customer includes Container Refresh, Customer is limited to requesting one exchange of each participating container every twelve months of paid enrollment; any additional exchange is subject to Company's standard container exchange fee. Customer agrees that during any enrollment year in which Customer receives an exchange under the program, any service change request by Customer to cancel Container Refresh will not be effective until Customer completes payment for twelve (12) consecutive months of enrollment in the program. Company reserves the right, in its sole discretion, to suspend or cancel the Container Refresh program. This Agreement sets forth the entire agreement of the parties and supersedes all prior agreements, whether written or amt, that exist between the parties regarding the subject matter of this Agreement. Company shall have no confidentiality obligation with respect to any Waste Materials. This Agreement shall be binding upon and inure solely to the benefit of the parties and their permitted assigns. If any provision of this Agreement shall be invalid, illegal or unenforceable, it shall be modified so as to be valid, legal and enforceable but sow most nearly to retain the intent of the parties. If such modification is not possible, such provision shall be severed from this Agreement. In either case, the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected thereby. Customer and Company agree that electronic signatures are valid and effective, and that an electronically stored copy of Nis Agreement constitutes proof of the signature and contents of this Agreement, as though it were an original. CUSTOMER'S INITIAL: DATE: c�'14�Zat8 cemen . "Polem I ft,*Vityof Supplement'Mis Supplement is attached to each Custonjer Service Agreement ("Aggreetrient") between the City of Milton, Georgia ("Cus Omer") and BFI Wa!Ae Services, LLC D/B/A Republic Services of Georgia, ("Company"). The provisions of the Supplement control over any contrary provisions found in the Agreement. 2. �Sttatq or_y__AutojcqT)inaIioII 344RFq ew41: As required by O.C.Q.A. § 3&60_13(a), during the initial tQrm anCl ally renewal testi, the Agrcemetit shall terhninate absolutely and without further obligation on the, part of Customoon Depembr cr 'I each calendar year, and shall automatically renew on January I of each subsequent calendar year of the applicable term, absent Customer's provision of written notice of tion,renewal to Company at least thirty (30) days prior to the end of then -current calendar year. Title to any supplies, materials, cquiptnciit, or, other personal proper ty (if any should transfer undcc t Agreement) shall rimajrt in Company uutii fully paid for by Customer. 3. Rate,4gst_"i, nes_ As required by O.C.G.A. § 36-60-13(a), if, due to rate or fee increases (other than fees charged for late, or improper paymont by Customer), cu§topiges regular' Mon ty obligation under the Agreement increases by mom, than 251/a above tho amount stated in th# Agreement, Customer may terminate, the Agreement for convcnie4,w;e, gn further dwithoutfurth p—aym.,eat, j,mby providing -oviding notice to Company 60 days in advance o termination.. 4, SServices. �n4 dispose Customer's grant to Company of the exclusive right to collect, tranWrt a is of or recycle all of Customer's Waste Materials will only,apply to the locations stated irr the Agrewng and not to a] I locations maintained by Customer. S. Sovereign Immunit Nothing contained in the Agreement �L shall be construed to be a waiver of Customer's sovereign imiln,unity or ally individual's qualified, good faith or official imi-nunities. Nothing twercin shall be construed as creating any individual or personal liability on the part of any of Customt;r~s elected or appointed officials, officers, boards, commissions, employec�, mpm-sentat'ves, consult % sarva _Pts, aggatsatWweys Or volmteers. To. the extent thg, Agreement im ,s pose n a contractual duty of inde nnificatjom. croon the Custo .w,, such duty shall apply only to the extent, if any, allowed by law, and then only to the extent Of Customer's, fault or wrongdoing. 6. Agroemen _jll t:l _��o d ications. Modifications to the Agreement will only be effective if in writing and signed by a duty authorized representative of each party. T, NM. Wfg, QUiuk UWA (4, Al , K*W of M_ EVA L, Ttkg iia, tkw�, A,% �knocot 0A I. W, FjW WOW' and " AOWwe FtW AM (MON 0-k. Notice: Nt ,)0cotoeither party shall b deemed efttivo on the date of receipt. 9. Co_e�ofLaw V Tb# Agmaient steal I be govauW by 4P4 cipastrawd, in accordance with the laws of the State of Georgia wiltregard to choice of law principles, tf apy action at law or in equity is brought to enforce.Agreement, the rules, nl�gulatioris, , or int vrpr:t the provisions of this statute _4 laws of the Mate of Qeor$la _willcontrol. Any action or suit rotated to this Agreerncnt shall be brought in the Superior Court of Fulton County, Georgia, or theU.$ w District Cofor the, Northern District of Georg, 10. Ethics: Company and Customer acknowledge that it is prohibited for any person to off#r, give, or :;gree to Ove Any City of Milton emnlovee or off cial. or for any City mulem or offlOal LO suliciL dipM# - person, a gratuity of mare than nominal value or pd, accept, or, agree to accept from another rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation., or preparation of any pail of a program requirement or a purchase request, influcilcin- the content of ally spcclfication or procurcruent standard- rendering of advice. investigation, auditing, or In any other advisory capacity in arty proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertainingtoairy program requirement or a contract or subcontract, or to arty solicitation or proposal therefor. Company and Customer further _4qowledge a that it is prohibited for any payment, gratuity, or offer of employment to be made, by or on behalf of asub-contractor on-dvr ar,,onwwt to the prime contractor - or higher tier sub-contmetor, or any person associated them?with,as art ment for the award of a subcontract or order. 11. Nondj§&�—mo$ji�a: In accordance with Title V1 of the Civil Rights Act of 1964, as amended 42 U.S.C. § 2000d, section 303 of the. A Discrimination Act of 1975, as an -v rided, 42 U.S.C. § 6 t 02, section 202 of the Americans with -b n Pisa ilities Act of 1990, 42 U.S.C. § 12132, and all, other provisions of federal law, Company agrees that, during performance of this Agreement, Company, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier Wcause of race, color, creed, national origin, gender,agrees to comply with all applica le age or disability. In addition, Comp�m' implementing, regulations and shall include the provisiqt,�s of this paragraph. in iwv sobs, ontmet for services contemplated under this Agreement. 11 Employment of.Unauthorized Aliens Prohibited= E&N Affidavit: Pu-rwiaW to O.C.G.A. § 13- 10-91, Customer shall not enter into a contract fq-r the physical per-fonn* w of services unless Company shall provide evidence on the fort-ris, at � taelted, hereto as Ex4ibits "A" and -13" (affidavits regarding compliance with the E: ,Verify prograrn to be sworn under og_tfh under er criniinal ponaity of false swearing pursuant to O.C.G.A. § 16-10-7 1), that it and its subcontractor's have mai4wed with, are authorized to use and use the federal work authorization program commonly known as E. Verify, or any wbsequent replacement program, in accordance with the applicable provisions and deadlines estat4ished in O.C.G.A. § 13-10-91, and that the y will continue to use the federal work autliorizatiot program throughout the contract period. Compo" hereby verifies that it has, prior to e�xecutiag, this. Agreement, executed a notarized affidayit, the form of which is provided in Exhibit "A", and stabmitted such affidavit toCustomer. Further, Company 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 300-1 O-1-. 2. in the event Company employs or contracts with arty subcontractor(s) in connection with the Agreement, Company agrees to secure rrom such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.0?, by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "B", which subcontractor affidavit shall become part of the Cornpanylsobc ontractor agreement. If a subcontractor affidavit is obtained:, Company agrees to provide a completed copy to, F within five ()business ) Wsine$s day receipt Customer s of r eipt frpm any subctmtractor. Company and ,, 5 Company's subcontractors shall retain all documents and records of their rv4pective verification process for zi the greater of (a) a period of one (1) year following cornpletion of the contm,;t' or (b) three (3) years after thed _ that the employee-awticr q'a of hire. Company agrees XgQ dpisig,",10 below is applicable, to it: $00 or more employees 100 or more employees Fewer than 100 em ployeeos Company hereby agrees that, in the event Compallygmplpys or contracts with any subcontractor(s) in connection with the Agre. ement and where the stibcontractor is require to provide an affidayi' t pursuant to O.C.G.A. 13-10,91, Company will Secure from the Subcontractor(s) sugb- subcontractor(s') indication of the above employee -number category that is applicable to 04 subcontractor. The W ab or ,ove requirements shall be in requirements state and fed law, and shall bo cpq_gtrislaws. nd to be in ponfonnity with tho COMPANY Si nature: Print Name: TRW Aft"01WItowt CITY, OF MILTM, GJWRGIA. -- - ------- By; Jac Lookwood,m4yor [CITY" SEAI A1KimV'W,'kA"c% $igntum . Judie Gorden, city Clerk App.rqv,vd as to, form: City Attorney 6.4r&i'[ovJ eON1'tlAC'fOR AFVIDAVIT ANn AGltEEm'NT ,~~,~~gj;!t.i:£\:IE'thi:~,,\If[~Y'if!;,th~,!;!I'!4~r~1~~~d>~~D.tr1!gt~fr'v.~p~&~§;~g~lT!p!rM,e~wiltl}©:·l9·~,A,s:p:~I\Q".~}i!~~~~jn~ llW:!1IJ;I~,ti\!~I~'lli.llt,tb"~i.1J~d:~x.jql!lll;,~i:~..,~'~mp~~J;iQ~\\(.\:l:i:cJ:tt~~.H~~~ip!.t.b.~~h~~i~.l!,ll!t>~Jl{Q~'@'I}.<;,~Q,f ~JNt~~~Q.lill b~tm1f,Qf th~Cjty of MHt<m,(1&{1f~jgh..~f§~m~l'~~wiU!,i~!!ll.Jhor~§g t!:l !J§§ill'lQ y§.~th~t:€;~ffl!wor'"ID!!!lc;tci~ti9l.l, Pfg~(~1Jl2~K>lllffl,Q!JJ;Y1~i10W,1}as EW!~fi~.~f any'Sl;!~~ijen~FefJIM~!Mftr pmgrnm.:.in M®!,daf!g~with the amj)ltga~l~ l!!:Q,'(isi~~'@.~<1<:ii<1lkI},~~~~b)i~b.~ill.o..~-,<;}..A,.§,U .•.l O,.,.9L,~~l~llJll,Q~thc~:YI!J!~~gll~~~Qfl~~C,!l)l?\\(.l1l~QDti~1,!~ 19 !!l?e ~~f«d~Ji!1WQ.f~!!!!tb.9f~ti~fl W'!:l~rgm t:J:iJ'QM~QYJ tlJ.@ qQI)JN~l ~~fiQ~lIDQtht;~lIDq~r'§~¥l~~Q!ilfl:L~.Q~will. ~@I!tr1!~~fQr-tM,phy§,j'ea)'p~r{Qf!1lAn~~Q.rs~i'c;~,~iJt Sl!ti§fi!~tiQfl'Qtsm;)1<;~l]tf~§h)ftJy'with §!Jt>~Qfltr!!§!Gf,'}wh..Q pr~§§Il! ~!ll~4}Jd~'(it.t.Qi tb~·~»1Vlt~t~1["X,iil),t~,t~~~i:0.1l!1'~lJ.'ili~,4J~<¥,Q",q;.,e};;..A.~113;-;.~Q;..~H(~)~, CC:<Mllt.~~t~!jJ~~~1!Ji.~11.1/l;C;!;.1tiJi.%'(~l \X~1k It'l!!.1i\il.~Il~~~ttl;0,ltl?f€lr i~~ttilil~~~ii>,@jfil;1;!1llil.1i~~@ r;i~t~0~'~mMmi1:£~'~@lll~'ii~ ~~fu~t~iXX~": I h~feby d~@blfelUl~f p@rnllty !;Jfp~jY:.rytoot t~f~f{~~~in~i~troo tIDd §@'rr~~F ~,d~t:~J.W Qrk Alltl1Q,ci~at~:ftU~.{ l~~!ltifi@~!:l~!lN~b~I Wag.l~an<ii!~<te-:t&kW1;e~lIl~SeJNrt~S; N@.m~~~r~oot PfiJ.}l~d'N~0'a»gill'~~0.fA~<l>rIcz~d!~)ffl<i;'~f ~Ai~tt ([iN 01 MT~ljt0.lil,>®l~m¢iat N@m~~~bU~~~~.x ~~s{C'm~~D"A}IrI)SW<?,~'~EiP:O~»~ (Qj llflllJS:lH~17 DAY ~, =:=k~~~~~~_~'2l~C1o" LAURA JANICk NOTARY PUBlIC BAltROW COUNl)'.CEORCI~JpJJMyCoMMissiONExplmI)•••.t1 J PROPOSAL 'A REPUBLIC SERVICES 7/30/2020 HONOR MOTES CITY OF MILTON 12670 Arnold Mill Rd Roswell, GA 30075 Quote: A206056414 CITY OF MILTON: Below is our proposal of recommended services, customized for your business needs identified during our discussions. If you ever need additional services, orjust need an extra pickup, please give us a call at 678-963-2800. It's that easy. SMALL CONTAINERS Equipment Qtyfrype/Size: 1 - 4 yard Container Base Rate: $79.25 per month Frequency: 1/Week Material Type: Solid Waste Equipment Qtyfrype/Size: 1 - 96 Gallon Container Base Rate: $41.75 per month Frequency: 1/Week Material Type: Recycling Small Container Base Rates Total Fuel/ Environmental Recovery Fees`* $35.66 Administrative Fee** $5.95 Total Estimated Amount $162.61 Delivery Charge Subtotal $235.00 Valued Customer Discount - Delivery -$58.75 Total Fuel/ Environmental Recovery Fees** $49.51 Total One -Time Amount $225.76 Louis Raimondi Republic Services lraimondi@republicservices.com www.rei)ublirservices.com * The Total Estimated Amount is merely an estimate of your typical monthly invoice amount without one-time start-up charges (e.g., delivery). It does not include any applicable taxes or local fees, which would be additional charges on your invoice. ** FRF, ERF S ADMIN: The Fuel Recovery Fee (FRF) is a variable charge that changes monthly. For more information on the FRF, Environmental Recovery Fee (ERF) and Administrative Fee, please visit the links available on the Bill Pay page of our website, www.republicsenAces.com. The proposed rates above are valid for 60 days. This proposal is not a contract or agreement a an offer to enter into a contract or agreement. The purpose of this proposal is to set forth the PROPOSAL T REPUBLIC SERVICES proposed framework of service offerings and rates and fees for those offerings. Any transaction based upon this proposal is subject to and conditioned upon the execution by both parties of Republic SeMces' Customer Service Agreement. AE 8/25/2020 TERMS AND CONDITIONS (Continued from previous page) PAYMENT. Customer shall pay Company for the services and equipment famished by Company at the rates provided in this Agreement. Customer shall pay all taxes, fees and other governmental charges assessed against or passed through to Company (other than income or real property taxes). Customer shall pay such fees as the Company may impose from time to time by notice to Customer (including, by way of example only, late payment fees, administrative fees and environmental fees), with Company to determine the amounts of such fees in its discretion up to the maximum amount allowed by Applicable law. Without limiting the foregoing, Customer shall pay Company: (a) a fee of $50 (which Company may increase from time to time by notice to Customer) for each check submitted by Customer that is an insufficient funds check or is returned or dishonored; (b) fueLlenvironmental recovery fees in the amount shown on each of Company's invoices, which amount Company may increase or decrease from time to time by showing the amount on the invoice; and (c) a late payment fee of 1.5% per month of the amount past due. Customer shall pay Company within 20 days alter the date of Company's invoice. At any time atter Company becomes concerned about Customer's creditworthiness or after Customer has made any late payment, Company may request, and if requested Customer shall pay, a deposit in an amount equal to one month's charges under this Agreement. RATE ADJUSTMENTS. Company may, from time to time by notice to Customer, increase the rates provided in this Agreement to adjust for any increase in: (a) disposal costs; (b) transportation costs due to a change in location of Customer or the disposal or recycling facility used by Company; (c) the Consumer Price Index for All Urban Consumers (Water, Sewer and Trash Collection Services), U.S. City Average; (d) the average weight per cubic yard of Customer's Waste Materials above the number of pounds per cubic yard upon which the rates provided in this Agreement are based as indicated on the cover page of this Agreement; (e) recycling sorting, processing and related costs; (f) costs related to Customer's failure to separate Recyclable Materials from other Waste Materials, the contamination of the Recyclable Materials, or other decreases in the value of the Recyclable Materials; or (g) Company's costs due to changes in Applicable Laws. Company may increase rates for reasons other than those set forth above with Customer's cement, which may be evidenced verbally, in writing or by the parties' actions and practices. SERVICE CHANGES. The parties may change the type, size or meant of equipment, the type or frequency of service, and correspondingly the rates by agreement of the parties, which may be evidenced verbally, in writing or by the parties' actions and practices. This Agreement shall apply to my change of location of Customer within the area in which Company provides collection and disposal services. RECYCLABLE MATERIALS. This section applies in the event Company has expressly agreed to remove and transport Recyclable Materials (material that Company detemdnes can be recycled typically including, without limitation, aluminum cans (UBC — Used Beverage Containers), cardboard (free of wax), ferrous metal cans, mixed office paper, newspaper and plastics containers) to a material recovery facility, recycling center or similar facility. Customer agrees that Company in its sole discretion may determine any single load is contaminated and may refuse to collect it or may charge Customer for any additional costs, including (but not limited to) sorting, processing, transportation and disposal costs. Customer shall comply with all Applicable Laws regarding the separation of solid waste from Recyclable Materials and use of its best efforts to not place items in the container that may result in the decrease in the value of Recyclable Materials or make the Recyclable Materials unsuitable for recycling, RESPONSIBILITY FOR EQUIPMENT; ACCESS. Any equipment Company furnishes shall remain Company's property. Customer shall be liable for all loss or damage to such equipment (except for normal wear and tear and for loss or damage resulting from Company's handling of the equipment). Customer shall use the equipment only for its proper and intended purpose and shall not overload (by weight or volume), move or alter the equipment Ifo Company container is moved from Customer's service address by anyone other than Company, Customer agrees to pay Company $250 per moved container, which amount is a reasonable estimate of the damage Company will incur from the unauthorized moving of its container. CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY FROM AND AGAINST ALL LOSSES ARISING FROM ANY INJURY OR DEATH TO PERSONS OR LOSS OR DAMAGE TO PROPERTY (INCLUDING THE EQUIPMENT) ARISING OUT OF CUSTOMER'S USE, OPERATION OR POSSESSION OF THE EQUIPMENT. Customer shall provide safe, unobstructed access to the equipment on the scheduled collection day. Company may charge an additional fee for any additional collection service required by Customer's failure to provide access. DAMAGE TO PAVEMENT. Company shall not be responsible for any damages to Customer's pavement, cubing or other driving surfaces resulting from Company's providing service at Customer's location. SUSPENSION. If my amount due from Customer is not paid within 60 days after the date of Company's invoice, Company may, without notice and without terminating this Agreement, suspend collecting and disposing of Waste Materials until Customer has paid such amount to Company. If Company suspends service, Customer shall pay Company a service interruption fee in an amount determined by Company in its discretion up to the maximum amount allowed by Applicable Law. TERMINATION. In addition to its above suspension rights, Company may terminate this Agreement immediately by written notice to Customer if (a) my of the information contained in any credit application submitted to Company in connection with this Agreement is untrue or (b) Customer breaches this Agreement and fails to cue such breach within 10 days after Company gives Customer written notice of the breach. Company's failure to suspend service or terminate this Agreement when Customer fails to timely pay or otherwise breaches this Agreement shall not constitute a waiver of Company's right to suspend service or terminate this Agreement for my future failure to pay or other breach. PAYMENT UPON TERMINATION. If Customer terminates this Agreement before its expiration other than as a result of a breach by Company, or if Company terminates this Agreement as a result of a breach by Customer (including nonpayment), Customer shall pay Company an amount equal to the most recent month's monthly charges multiplied by the lesser of (a) six months or (b) the number of months remaining in the term. Customer acknowledges that in the event of such a termination, actual damages to Company would be uncertain and difficult to ascertain, such amount is the best, reasonable and objective estimate of the actual damages to Company, such meant does not constitute a penalty, and such amount is reasonable under the circumstances. Any amount payable under this paragraph shall be in addition to amounts already owing under this Agreement. RIGHT TO FIRST REFUSAL Customer agrees to notify Company in writing of my offer that Customer receives from arty third party relating to the provision of my permanent or temporary collection, disposal or recycling services during the Tem of this Agreement ("Offer') and agrees to give Company the right of first refusal and reasonable opportunity to match such Offer. ASSIGNMENT. Customer shall not assign this Agreement without Company's prior written consent, which Company shall not unreasonably withhold. Company may assign this Agreement without Customer's consent. EXCUSED PERFORMANCE. Except for Customer's obligation to pay amounts due to Company, my failure or delay in performance due to contingencies beyond a party's reasonable control, including strikes, riots, terrorist acts, compliance with Applicable Laws or governmental orders, foes and acts of God, shall not constitute a breach of this Agreement. ATTORNEYS' FEES. If any litigation is commenced under this Agreement, the successful party shall be entitled to recover, in addition to such other relief as the court may award, its reasonable attorneys' fees, expert witness fees, litigation related expenses, and court or other costs incurred in such litigation or proceeding. COMMUNICATIONS. To ensure timely and accurate receipt of communications, all communications to Company regarding this Agreement and/or the Services most wine directly from Customer. Customer acknowledges that Company will not accept my communications from my third parties acting as the Customer's agent or representative (absent proof of medical necessity as reasonably determined by Company). All notices to Company shall be in writing, shall be sent prepaid certified or overnight mail, return receipt requested, and must be received by Company. Any notice related to this contract will be deemed effective 60 days from the return receipt date. MISCELLANEOUS. If service to Customer includes Container Refresh, Customer is limited to requesting one exchange of each participating container every twelve months of paid enrollment; my additional exchange is subject to Company's standard container exchange fee. Customer agrees that during my enrolimentyeur in which Customer receives an exchange under the program, any service change request by Customer to cancel Container Refresh will not be effective until Customer completes payment for twelve (12) consecutive months of enrollment in the program. Company reserves the right, in its sole discretion, to suspend or cancel the Container Refresh program. This Agreement sets forth the entire agreement of the parties and supersedes all prior agreements, whether written or oral, that exist between the parties regarding the subject matter of this Agreement. Company shall have no confidentiality obligation with respect to any Waste Materials. This Agreement shall be binding upon and inure solely to the benefit of the parties and their permitted assigns. If any provision of this Agreement shall be invalid, illegal or unenforceable, it shall be modified so as to be valid, legal and enforceable but so as most nearly to retain the intent of the parties. If such modification is not possible, such provision shall be severed from this Agreement. In either case, the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected thereby. Customer and Company agree that electronic signatures arevalid and effective, and that an electronically scored copy of this Agreement constitutes proof of the signature and contents of this Agreement, as though it were an original. CUSTOMER'S INITIAL: DATE. cemen . "Polem I ft,*Vityof Supplement'Mis Supplement is attached to each Custonjer Service Agreement ("Aggreetrient") between the City of Milton, Georgia ("Cus Omer") and BFI Wa!Ae Services, LLC D/B/A Republic Services of Georgia, ("Company"). The provisions of the Supplement control over any contrary provisions found in the Agreement. 2. �Sttatq or_y__AutojcqT)inaIioII 344RFq ew41: As required by O.C.Q.A. § 3&60_13(a), during the initial tQrm anCl ally renewal testi, the Agrcemetit shall terhninate absolutely and without further obligation on the, part of Customoon Depembr cr 'I each calendar year, and shall automatically renew on January I of each subsequent calendar year of the applicable term, absent Customer's provision of written notice of tion,renewal to Company at least thirty (30) days prior to the end of then -current calendar year. Title to any supplies, materials, cquiptnciit, or, other personal proper ty (if any should transfer undcc t Agreement) shall rimajrt in Company uutii fully paid for by Customer. 3. Rate,4gst_"i, nes_ As required by O.C.G.A. § 36-60-13(a), if, due to rate or fee increases (other than fees charged for late, or improper paymont by Customer), cu§topiges regular' Mon ty obligation under the Agreement increases by mom, than 251/a above tho amount stated in th# Agreement, Customer may terminate, the Agreement for convcnie4,w;e, gn further dwithoutfurth p—aym.,eat, j,mby providing -oviding notice to Company 60 days in advance o termination.. 4, SServices. �n4 dispose Customer's grant to Company of the exclusive right to collect, tranWrt a is of or recycle all of Customer's Waste Materials will only,apply to the locations stated irr the Agrewng and not to a] I locations maintained by Customer. S. Sovereign Immunit Nothing contained in the Agreement �L shall be construed to be a waiver of Customer's sovereign imiln,unity or ally individual's qualified, good faith or official imi-nunities. Nothing twercin shall be construed as creating any individual or personal liability on the part of any of Customt;r~s elected or appointed officials, officers, boards, commissions, employec�, mpm-sentat'ves, consult % sarva _Pts, aggatsatWweys Or volmteers. To. the extent thg, Agreement im ,s pose n a contractual duty of inde nnificatjom. croon the Custo .w,, such duty shall apply only to the extent, if any, allowed by law, and then only to the extent Of Customer's, fault or wrongdoing. 6. Agroemen _jll t:l _��o d ications. Modifications to the Agreement will only be effective if in writing and signed by a duty authorized representative of each party. T, NM. Wfg, QUiuk UWA (4, Al , K*W of M_ EVA L, Ttkg iia, tkw�, A,% �knocot 0A I. W, FjW WOW' and " AOWwe FtW AM (MON 0-k. Notice: Nt ,)0cotoeither party shall b deemed efttivo on the date of receipt. 9. Co_e�ofLaw V Tb# Agmaient steal I be govauW by 4P4 cipastrawd, in accordance with the laws of the State of Georgia wiltregard to choice of law principles, tf apy action at law or in equity is brought to enforce.Agreement, the rules, nl�gulatioris, , or int vrpr:t the provisions of this statute _4 laws of the Mate of Qeor$la _willcontrol. Any action or suit rotated to this Agreerncnt shall be brought in the Superior Court of Fulton County, Georgia, or theU.$ w District Cofor the, Northern District of Georg, 10. Ethics: Company and Customer acknowledge that it is prohibited for any person to off#r, give, or :;gree to Ove Any City of Milton emnlovee or off cial. or for any City mulem or offlOal LO suliciL dipM# - person, a gratuity of mare than nominal value or pd, accept, or, agree to accept from another rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation., or preparation of any pail of a program requirement or a purchase request, influcilcin- the content of ally spcclfication or procurcruent standard- rendering of advice. investigation, auditing, or In any other advisory capacity in arty proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertainingtoairy program requirement or a contract or subcontract, or to arty solicitation or proposal therefor. Company and Customer further _4qowledge a that it is prohibited for any payment, gratuity, or offer of employment to be made, by or on behalf of asub-contractor on-dvr ar,,onwwt to the prime contractor - or higher tier sub-contmetor, or any person associated them?with,as art ment for the award of a subcontract or order. 11. Nondj§&�—mo$ji�a: In accordance with Title V1 of the Civil Rights Act of 1964, as amended 42 U.S.C. § 2000d, section 303 of the. A Discrimination Act of 1975, as an -v rided, 42 U.S.C. § 6 t 02, section 202 of the Americans with -b n Pisa ilities Act of 1990, 42 U.S.C. § 12132, and all, other provisions of federal law, Company agrees that, during performance of this Agreement, Company, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier Wcause of race, color, creed, national origin, gender,agrees to comply with all applica le age or disability. In addition, Comp�m' implementing, regulations and shall include the provisiqt,�s of this paragraph. in iwv sobs, ontmet for services contemplated under this Agreement. 11 Employment of.Unauthorized Aliens Prohibited= E&N Affidavit: Pu-rwiaW to O.C.G.A. § 13- 10-91, Customer shall not enter into a contract fq-r the physical per-fonn* w of services unless Company shall provide evidence on the fort-ris, at � taelted, hereto as Ex4ibits "A" and -13" (affidavits regarding compliance with the E: ,Verify prograrn to be sworn under og_tfh under er criniinal ponaity of false swearing pursuant to O.C.G.A. § 16-10-7 1), that it and its subcontractor's have mai4wed with, are authorized to use and use the federal work authorization program commonly known as E. Verify, or any wbsequent replacement program, in accordance with the applicable provisions and deadlines estat4ished in O.C.G.A. § 13-10-91, and that the y will continue to use the federal work autliorizatiot program throughout the contract period. Compo" hereby verifies that it has, prior to e�xecutiag, this. Agreement, executed a notarized affidayit, the form of which is provided in Exhibit "A", and stabmitted such affidavit toCustomer. Further, Company 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 300-1 O-1-. 2. in the event Company employs or contracts with arty subcontractor(s) in connection with the Agreement, Company agrees to secure rrom such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.0?, by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "B", which subcontractor affidavit shall become part of the Cornpanylsobc ontractor agreement. If a subcontractor affidavit is obtained:, Company agrees to provide a completed copy to, F within five ()business ) Wsine$s day receipt Customer s of r eipt frpm any subctmtractor. Company and ,, 5 Company's subcontractors shall retain all documents and records of their rv4pective verification process for zi the greater of (a) a period of one (1) year following cornpletion of the contm,;t' or (b) three (3) years after thed _ that the employee-awticr q'a of hire. Company agrees XgQ dpisig,",10 below is applicable, to it: $00 or more employees 100 or more employees Fewer than 100 em ployeeos Company hereby agrees that, in the event Compallygmplpys or contracts with any subcontractor(s) in connection with the Agre. ement and where the stibcontractor is require to provide an affidayi' t pursuant to O.C.G.A. 13-10,91, Company will Secure from the Subcontractor(s) sugb- subcontractor(s') indication of the above employee -number category that is applicable to 04 subcontractor. The W ab or ,ove requirements shall be in requirements state and fed law, and shall bo cpq_gtrislaws. nd to be in ponfonnity with tho COMPANY Si nature: Print Name: TRW Aft"01WItowt CITY, OF MILTM, GJWRGIA. -- - ------- By; Jac Lookwood,m4yor [CITY" SEAI A1KimV'W,'kA"c% $igntum . Judie Gorden, city Clerk App.rqv,vd as to, form: City Attorney 6.4r&i'[ovJ eON1'tlAC'fOR AFVIDAVIT ANn AGltEEm'NT ,~~,~~gj;!t.i:£\:IE'thi:~,,\If[~Y'if!;,th~,!;!I'!4~r~1~~~d>~~D.tr1!gt~fr'v.~p~&~§;~g~lT!p!rM,e~wiltl}©:·l9·~,A,s:p:~I\Q".~}i!~~~~jn~ llW:!1IJ;I~,ti\!~I~'lli.llt,tb"~i.1J~d:~x.jql!lll;,~i:~..,~'~mp~~J;iQ~\\(.\:l:i:cJ:tt~~.H~~~ip!.t.b.~~h~~i~.l!,ll!t>~Jl{Q~'@'I}.<;,~Q,f ~JNt~~~Q.lill b~tm1f,Qf th~Cjty of MHt<m,(1&{1f~jgh..~f§~m~l'~~wiU!,i~!!ll.Jhor~§g t!:l !J§§ill'lQ y§.~th~t:€;~ffl!wor'"ID!!!lc;tci~ti9l.l, Pfg~(~1Jl2~K>lllffl,Q!JJ;Y1~i10W,1}as EW!~fi~.~f any'Sl;!~~ijen~FefJIM~!Mftr pmgrnm.:.in M®!,daf!g~with the amj)ltga~l~ l!!:Q,'(isi~~'@.~<1<:ii<1lkI},~~~~b)i~b.~ill.o..~-,<;}..A,.§,U .•.l O,.,.9L,~~l~llJll,Q~thc~:YI!J!~~gll~~~Qfl~~C,!l)l?\\(.l1l~QDti~1,!~ 19 !!l?e ~~f«d~Ji!1WQ.f~!!!!tb.9f~ti~fl W'!:l~rgm t:J:iJ'QM~QYJ tlJ.@ qQI)JN~l ~~fiQ~lIDQtht;~lIDq~r'§~¥l~~Q!ilfl:L~.Q~will. ~@I!tr1!~~fQr-tM,phy§,j'ea)'p~r{Qf!1lAn~~Q.rs~i'c;~,~iJt Sl!ti§fi!~tiQfl'Qtsm;)1<;~l]tf~§h)ftJy'with §!Jt>~Qfltr!!§!Gf,'}wh..Q pr~§§Il! ~!ll~4}Jd~'(it.t.Qi tb~·~»1Vlt~t~1["X,iil),t~,t~~~i:0.1l!1'~lJ.'ili~,4J~<¥,Q",q;.,e};;..A.~113;-;.~Q;..~H(~)~, CC:<Mllt.~~t~!jJ~~~1!Ji.~11.1/l;C;!;.1tiJi.%'(~l \X~1k It'l!!.1i\il.~Il~~~ttl;0,ltl?f€lr i~~ttilil~~~ii>,@jfil;1;!1llil.1i~~@ r;i~t~0~'~mMmi1:£~'~@lll~'ii~ ~~fu~t~iXX~": I h~feby d~@blfelUl~f p@rnllty !;Jfp~jY:.rytoot t~f~f{~~~in~i~troo tIDd §@'rr~~F ~,d~t:~J.W Qrk Alltl1Q,ci~at~:ftU~.{ l~~!ltifi@~!:l~!lN~b~I Wag.l~an<ii!~<te-:t&kW1;e~lIl~SeJNrt~S; N@.m~~~r~oot PfiJ.}l~d'N~0'a»gill'~~0.fA~<l>rIcz~d!~)ffl<i;'~f ~Ai~tt ([iN 01 MT~ljt0.lil,>®l~m¢iat N@m~~~bU~~~~.x ~~s{C'm~~D"A}IrI)SW<?,~'~EiP:O~»~ (Qj llflllJS:lH~17 DAY ~, =:=k~~~~~~_~'2l~C1o" LAURA JANICk NOTARY PUBlIC BAltROW COUNl)'.CEORCI~JpJJMyCoMMissiONExplmI)•••.t1 J PROPOSAL W REPUBLIC SERVICES 7/30/2020 HONOR MOTES CITY OF MILTON 15240 THOMPSON RD MILTON, GA 30004 Quote: A206056498 CITY OF MILTON: Below is our proposal of recommended services, customized for your business needs identified during our discussions. If you ever need additional services, or just need an extra pickup, please give us a call at 678-963-2800. It's that easy. SMALL CONTAINERS Equipment Qtyfrype/Size: 1 - 4 yard Container Base Rate: $68.50 per month Frequency: 1/Week Material Type: Solid Waste Equipment Qtyfrype/Size: 1 - 96 Gallon Container Base Rate: $43.50 per month Frequency: 1/Week Material Type: Recycling Small Container Base Rates Total Fuel/ Environmental Recovery Fees" $112.00 $33.13 Administrative Fee" $5.95 Total Estimated Amount $151.08 Delivery Charge Subtotal $235.00 Valued Customer Discount - Delivery -$58.75 Total Fuel/ Environmental Recovery Fees" $49.51 Total One -Time Amount $225.76 Louis Raimondi Republic Services Iraimondi@republicservices.com www.republicservices.com ' The Total Estimated Amount is merely an estimate of your typical monthly invoice amount without one-time start-up charges (e.g., delivery). It does not include any applicable taxes or local fees, which would be additional charges on your invoice. •' FRF, ERF R ADMIN: The Fuel Recovery Fee (FRF) is a variable charge that changes monthly. For more information on the FRF, Environmental Recovery Fee (ERF) and Administrative Fee, please visit the links available on the Bill Pay page of our website, www.republicservices.com. The proposed rates above are valid for 60 days. This proposal is not a contract or agreement or an offer to enter into a contract or agreement. The purpose of this proposal is to set forth the PROPOSAL REPUBLIC SERVICES proposed framework of service offerings and rates and fees for those offerings. Any transaction based upon this proposal is subject to and conditioned upon the execution by both parties of Republic Services' Customer Service Agreement. AE 8/25/2020 TERMS AND CONDITIONS (Continued from previous page) PAYMENT. Customer shall pay Company for the services and equipment famished by Company at the rates provided in this Agreement. Customer shall pay all taxes, fees and other governmental charges assessed against or passed through to Company (other than income or real property taxes). Customer shall pay such fees as the Company may impose from time to time by notice to Customer (including, by way of example only, late payment fees, administrative fees and environmental fees), with Company to determine the amounts of such fees in its discretion up to the maximum amount allowed by Applicable Law. Without limiting the foregoing, Customer shall pay Company: (a) a fee of $50 (which Company may increase from time to time by notice to Customer) for each check submitted by Customer that is an insufficient funds check or is returned or dishonored; (b) fuel/environmental recovery fees in the meant shown on each of Company's invoices, which amount Company may increase or decrease from time to time by showing the amount on the invoice; and (c) a late payment fee of 1.5% per month of the amount past due. Customer shall pay Company within 20 days after the date of Company's invoice. At any time after Company becomes concerned about Customer's creditworthiness or after Customer has made any late payment, Company may request, and if requested Customer shall pay, a deposit in an amount equal to one month's charges under this Agreement. RATE ADJUSTMENTS. Company may, from time to time by notice to Customer, increase the rates provided in this Agreement to adjust for any increase in: (a) disposal costs; (b) transportation costs due to a change in location of Customer or the disposal or recycling facility used by Company; (c) the Consumer Price Index for All Urban Consumers (Water, Sewer and Trash Collection Services), U.S. City Average; (d) the average weight per cubic yard of Customer's Waste Materials above the number of pounds per cubic yard upon which the rates provided in this Agreement are based as indicated on the cover page of this Agreement; (e) recycling sorting, processing and related costs; (t) costs related to Customer's failure to separate Recyclable Materials from other Waste Materials, the contamination of the Recyclable Materials, or other decreases in the value of the Recyclable Materials; or (g) Company's costs due to changes in Applicable Laws. Company may increase rates for reasons other than those set forth above with Customer's consent, which may be evidenced verbally, in writing or by the parties' actions and practices. SERVICE CHANGES. The parties may change the type, size or amount of equipment, the type or frequency of service, and correspondingly the rates by agreement of the parties, which may be evidenced verbally, in writing or by the parties' actions and practices. This Agreement shall apply to any change of location of Customer within the area in which Company provides collection and disposal services. RECYCLABLE MATERIALS. This section applies in the event Company has expressly agreed to remove and transport Recyclable Materials (material that Company determines can be recycled typically including, without limitation, aluminum cans (UBC — Used Beverage Containers), cardboard (free of wax), ferrous metal cans, mixed office paper, newspaper and plastics containers) to a material recovery facility, recycling center or similar facility. Customer agrees that Company in its sole discretion may determine any single load is contaminated and may refuse to collect it or may charge Customer for any additional costs, including (but not limited to) sorting, processing, transportation and disposal costs. Customer shall comply with all Applicable Laws regarding the separation of solid waste from Recyclable Materials and use of its best efforts to not place items in the container that may result in the decrease in the value of Recyclable Materials or make the Recyclable Materials unsuitable for recycling. RESPONSIBILITY FOR EQUIPMENT; ACCESS. Any equipment Company furnishes shall remain Company's property. Customer shall be liable for all loss or damage to such equipment (except for normal wear and tear and for loss or damage resulting from Company's handling of the equipment). Customer shall use the equipment only for its proper and intended purpose and shall not overload (by weight or volume), move or alter the equipment If a Company container is moved from Customer's service address by anyone other than Company, Customer agrees to pay Company $250 per moved container, which amount is a reasonable estimate ofthe damage Company will incur from the unauthorized moving of its container. CUSTOMER SHALL INDEMPUFY, DEFEND AND HOLD HARMLESS COMPANY FROM AND AGAINST ALL LOSSES ARISING FROM ANY INJURY OR DEATH TO PERSONS OR LOSS OR DAMAGE TO PROPERTY (INCLUDING THE EQUIPMENT) ARISING OUT OF CUSTOMER'S USE, OPERATION OR POSSESSION OF THE EQUIPMENT. Customer shall provide safe, unobstructed access to the equipment on the scheduled collection day. Company may charge an additional fee for any additional collection service required by Customer's failure to provide access. DAMAGE TO PAVEMENT. Company shall not be responsible for any damages to Customer's pavement, curbing or other driving surfaces resulting from Company's providing service at Customer's location. SUSPENSION. If any amount due from Customer is not paid within 60 days after the date of Company's invoice, Company may, without notice and without terminating this Agreement, suspend collecting and disposing of Waste Materials until Customer has paid such amount to Company. If Company suspends service, Customer shall pay Company a service interruption fee in an amount determined by Company in its discretion up to the maximum amount allowed by Applicable Law. TERMINATION. In addition to its above suspension rights, Company may terminate this. Agreement immediately by written notice to Customer if (a) any of the information contained in any credit application submitted to Company in connection with this Agreement is untrue or (b) Customer breaches this Agreement and fails to cure such breach within 10 days after Company gives Customer written notice of the breach. Company's failure to suspend service or terminate this Agreement when Customer fails to timely pay or otherwise breaches this Agreement shall not constitute a waiver of Company's right to suspend service or terminate this Agreement for any future failure to pay or other breach. PAYMENT UPON TERMINATION. If Customer terminates this Agreement before its expiration other than as a result of a breach by Company, or if Company terminates this Agreement as a result of a breach by Customer (including nonpayment), Customer shall pay Company an amount equal to the most recent month's monthly charges multiplied by the lesser of (a) six months or (b) the number of months remaining in the tern. Customer acknowledges that in the event of such a termination, actual damages to Company would be uncertain and difficult to ascertain, such amount is the best, reasonable and objective estimate of the actual damages to Company, such amount does not constitute a penalty, and such amount is reasonable under the circumstances. Any meant payable under this paragraph shall be in addition to amounts already owing under this Agreement. RIGHT TO FIRST REFUSAL. Customer agrees to notify Company in writing of any offer that Customer receives from any third party relating to the provision of any pernanent or temporary collection, disposal or recycling services during the Term of this Agreement ("Offer") and agrees to give Company the right of first refusal and reasonable opportunity to match such Offer. ASSIGNMENT. Customer shall not assign this Agreement without Company's prior written consent, which Company shall not memorably withhold. Company may assign this Agreement without Customer's consent EXCUSED PERFORMANCE. Except for Customer's obligation to pay amounts due to Company, any failure or delay in performance due to contingencies beyond a party's reasonable control, including strikes, riots, terrorist acts, compliance with Applicable Laws or governmental orders, fires and acts of God, shall not constitute a breach of this Agreement. ATTORNEYS' FEES. If any litigation is commenced under this Agreement, the successful party shall be entitled to recover, in addition to such other relief m the court may award, its reasonable attorneys' fees, expert witness fees, litigation related expenses, and court or other costs incurred in such litigation or proceeding. COMMUNICATIONS. To ensure timely and accurate receipt of communications, all communications to Company regarding this Agreement and/or the Services must came directly from Customer. Customer acknowledges that Company will not accept any communications from any third parties acting as the Customer's agent or representative (absent proof of medical necessity as reasonably determined by Company). All notices to Company shall be in writing, shall be sent prepaid certified or overnight mail, return receipt requested, and must be received by Company. Any notice related to this contract will be deemed effective 60 days from the retain receipt date. MISCELLANEOUS. If service to Customer includes Container Refresh, Customer is limited to requesting one exchange of each participating container every twelve months of paid enrollment; any additional exchange is subject to Company's standard container exchange fee. Customer agrees that during any enrollment year in which Customer receives an exchange under the program, any service change request by Customer to cancel Container Refresh will not be effective until Customer completes payment for twelve (12) consecutive months of enrollment in the program. Company reserves the right, in its sole discretion, to suspend or cancel the Container Refresh program. This Agreement sets form the entire agreement of the parties and supersedes all prior agreements, whether written or oral, that exist between the parties regarding the subject matter of this Agreement. Company shall have no confidentiality obligation with respect to any Waste Materials. This Agreement shall be binding upon and inure solely to the benefit of the parties and their permitted assigns. If any provision of this Agreement shall be invalid, illegal or unenforceable, it shall be modified so as to be valid, legal and enforceable but so as most nearly m retain the intent of the parties. If such modification is not possible, such provision shall be severed from this Agreement. In either case, the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any Way be affected thereby. Customer and Company agree that electronic signatures are valid and effective, and that an electronically stored copy of this Agreement constitutes proof of the signature and contents of this Agreement, as though it ere an original. CUSTOMER'S INITIAL: DATE: 09�t4�'x>t(S cemen . "Polem I ft,*Vityof Supplement'Mis Supplement is attached to each Custonjer Service Agreement ("Aggreetrient") between the City of Milton, Georgia ("Cus Omer") and BFI Wa!Ae Services, LLC D/B/A Republic Services of Georgia, ("Company"). The provisions of the Supplement control over any contrary provisions found in the Agreement. 2. �Sttatq or_y__AutojcqT)inaIioII 344RFq ew41: As required by O.C.Q.A. § 3&60_13(a), during the initial tQrm anCl ally renewal testi, the Agrcemetit shall terhninate absolutely and without further obligation on the, part of Customoon Depembr cr 'I each calendar year, and shall automatically renew on January I of each subsequent calendar year of the applicable term, absent Customer's provision of written notice of tion,renewal to Company at least thirty (30) days prior to the end of then -current calendar year. Title to any supplies, materials, cquiptnciit, or, other personal proper ty (if any should transfer undcc t Agreement) shall rimajrt in Company uutii fully paid for by Customer. 3. Rate,4gst_"i, nes_ As required by O.C.G.A. § 36-60-13(a), if, due to rate or fee increases (other than fees charged for late, or improper paymont by Customer), cu§topiges regular' Mon ty obligation under the Agreement increases by mom, than 251/a above tho amount stated in th# Agreement, Customer may terminate, the Agreement for convcnie4,w;e, gn further dwithoutfurth p—aym.,eat, j,mby providing -oviding notice to Company 60 days in advance o termination.. 4, SServices. �n4 dispose Customer's grant to Company of the exclusive right to collect, tranWrt a is of or recycle all of Customer's Waste Materials will only,apply to the locations stated irr the Agrewng and not to a] I locations maintained by Customer. S. Sovereign Immunit Nothing contained in the Agreement �L shall be construed to be a waiver of Customer's sovereign imiln,unity or ally individual's qualified, good faith or official imi-nunities. Nothing twercin shall be construed as creating any individual or personal liability on the part of any of Customt;r~s elected or appointed officials, officers, boards, commissions, employec�, mpm-sentat'ves, consult % sarva _Pts, aggatsatWweys Or volmteers. To. the extent thg, Agreement im ,s pose n a contractual duty of inde nnificatjom. croon the Custo .w,, such duty shall apply only to the extent, if any, allowed by law, and then only to the extent Of Customer's, fault or wrongdoing. 6. Agroemen _jll t:l _��o d ications. Modifications to the Agreement will only be effective if in writing and signed by a duty authorized representative of each party. T, NM. Wfg, QUiuk UWA (4, Al , K*W of M_ EVA L, Ttkg iia, tkw�, A,% �knocot 0A I. W, FjW WOW' and " AOWwe FtW AM (MON 0-k. Notice: Nt ,)0cotoeither party shall b deemed efttivo on the date of receipt. 9. Co_e�ofLaw V Tb# Agmaient steal I be govauW by 4P4 cipastrawd, in accordance with the laws of the State of Georgia wiltregard to choice of law principles, tf apy action at law or in equity is brought to enforce.Agreement, the rules, nl�gulatioris, , or int vrpr:t the provisions of this statute _4 laws of the Mate of Qeor$la _willcontrol. Any action or suit rotated to this Agreerncnt shall be brought in the Superior Court of Fulton County, Georgia, or theU.$ w District Cofor the, Northern District of Georg, 10. Ethics: Company and Customer acknowledge that it is prohibited for any person to off#r, give, or :;gree to Ove Any City of Milton emnlovee or off cial. or for any City mulem or offlOal LO suliciL dipM# - person, a gratuity of mare than nominal value or pd, accept, or, agree to accept from another rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation., or preparation of any pail of a program requirement or a purchase request, influcilcin- the content of ally spcclfication or procurcruent standard- rendering of advice. investigation, auditing, or In any other advisory capacity in arty proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertainingtoairy program requirement or a contract or subcontract, or to arty solicitation or proposal therefor. Company and Customer further _4qowledge a that it is prohibited for any payment, gratuity, or offer of employment to be made, by or on behalf of asub-contractor on-dvr ar,,onwwt to the prime contractor - or higher tier sub-contmetor, or any person associated them?with,as art ment for the award of a subcontract or order. 11. Nondj§&�—mo$ji�a: In accordance with Title V1 of the Civil Rights Act of 1964, as amended 42 U.S.C. § 2000d, section 303 of the. A Discrimination Act of 1975, as an -v rided, 42 U.S.C. § 6 t 02, section 202 of the Americans with -b n Pisa ilities Act of 1990, 42 U.S.C. § 12132, and all, other provisions of federal law, Company agrees that, during performance of this Agreement, Company, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier Wcause of race, color, creed, national origin, gender,agrees to comply with all applica le age or disability. In addition, Comp�m' implementing, regulations and shall include the provisiqt,�s of this paragraph. in iwv sobs, ontmet for services contemplated under this Agreement. 11 Employment of.Unauthorized Aliens Prohibited= E&N Affidavit: Pu-rwiaW to O.C.G.A. § 13- 10-91, Customer shall not enter into a contract fq-r the physical per-fonn* w of services unless Company shall provide evidence on the fort-ris, at � taelted, hereto as Ex4ibits "A" and -13" (affidavits regarding compliance with the E: ,Verify prograrn to be sworn under og_tfh under er criniinal ponaity of false swearing pursuant to O.C.G.A. § 16-10-7 1), that it and its subcontractor's have mai4wed with, are authorized to use and use the federal work authorization program commonly known as E. Verify, or any wbsequent replacement program, in accordance with the applicable provisions and deadlines estat4ished in O.C.G.A. § 13-10-91, and that the y will continue to use the federal work autliorizatiot program throughout the contract period. Compo" hereby verifies that it has, prior to e�xecutiag, this. Agreement, executed a notarized affidayit, the form of which is provided in Exhibit "A", and stabmitted such affidavit toCustomer. Further, Company 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 300-1 O-1-. 2. in the event Company employs or contracts with arty subcontractor(s) in connection with the Agreement, Company agrees to secure rrom such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.0?, by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "B", which subcontractor affidavit shall become part of the Cornpanylsobc ontractor agreement. If a subcontractor affidavit is obtained:, Company agrees to provide a completed copy to, F within five ()business ) Wsine$s day receipt Customer s of r eipt frpm any subctmtractor. Company and ,, 5 Company's subcontractors shall retain all documents and records of their rv4pective verification process for zi the greater of (a) a period of one (1) year following cornpletion of the contm,;t' or (b) three (3) years after thed _ that the employee-awticr q'a of hire. Company agrees XgQ dpisig,",10 below is applicable, to it: $00 or more employees 100 or more employees Fewer than 100 em ployeeos Company hereby agrees that, in the event Compallygmplpys or contracts with any subcontractor(s) in connection with the Agre. ement and where the stibcontractor is require to provide an affidayi' t pursuant to O.C.G.A. 13-10,91, Company will Secure from the Subcontractor(s) sugb- subcontractor(s') indication of the above employee -number category that is applicable to 04 subcontractor. The W ab or ,ove requirements shall be in requirements state and fed law, and shall bo cpq_gtrislaws. nd to be in ponfonnity with tho COMPANY Si nature: Print Name: TRW Aft"01WItowt CITY, OF MILTM, GJWRGIA. -- - ------- By; Jac Lookwood,m4yor [CITY" SEAI A1KimV'W,'kA"c% $igntum . 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This short-term intergovernmental agreement (IGA) will allow both cities the ability to explore the feasibility of this arrangement while sharing Brooke Lappin, Court Clerk. She will be in Milton on Mondays and Fridays and in Alpharetta Tuesdays through Thursdays. Her salary and benefits will be split with Milton paying 40% and Alpharetta paying 60%. The agreement is retroactively effective starting September 9, 2020 and terminates on December 31, 2020. Procurement Summary: Purchasing method used: Intergovernmental Agreement Account Number: 100-2650-521210000 Requisition Total: 40% of $100,000 salary + benefits Vendor DBA: City of Alpharetta Financial Review: Bernadette Harvill, September 16, 2020 Legal Review: Jeff Strickland, Jarrard & Davis, 9/15/20 Concurrent Review: Steven Krokoff, City Manager Attachment: Intergovernmental Agreement INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF MILTON AND THE CITY OF ALPHARETTA REGARDING SHARED MUNICIPAL COURT CLERK SERVICES THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”), by and between the City of Milton, a Georgia municipal corporation (“Milton”), and the City of Alpharetta, a Georgia municipal corporation (“Alpharetta”), is entered into as of the “Effective Date” defined herein. Milton and Alpharetta may also be referred to herein as the “Parties.” RECITALS WHEREAS, Milton and Alpharetta are local government jurisdictions existing and operating under the constitution and laws of the State of Georgia; and WHEREAS, Milton and Alpharetta both operate, independent of each other, municipal court services departments; and WHEREAS, the municipal court clerk is the person most directly responsible for the administration of a municipal court other than a judge of the municipal court; and WHEREAS, Brooke Lappin (“Ms. Lappin”) is a municipal court clerk, duly certified in accordance with O.C.G.A. § 36-32-13; and WHEREAS, prior to the Effective Date hereof, Ms. Lappin was employed by Milton as its municipal court clerk; and WHEREAS, the Parties desire to jointly utilize the services of Ms. Lappin to concurrently serve as the municipal court clerk for their respective municipal courts; and WHEREAS, Ms. Lappin has expressed a desire and willingness to provide municipal court clerk services concurrently to Milton and Alpharetta; and WHEREAS, the Parties desire to further define their mutual responsibilities and obligations regarding the shared services of a single municipal court clerk; and WHEREAS, the Parties are authorized to enter into this Agreement pursuant to Article IX, Section III, Paragraph I of the Constitution of the State of Georgia of 1983 regarding intergovernmental contracts. NOW THEREFORE, in consideration of the following mutual obligations, the Parties agree as follows: ARTICLE 1 OBLIGATIONS OF THE PARTIES The Parties agree to the above Recitals and as follows: 2 1. On September 11, 2020, Ms. Lappin tendered her resignation of employment to Milton, which resignation was accepted by Milton. The resignation effective date shall apply retroactively to September 8, 2020, that being deemed Ms. Lappin’s last day of employment with Milton. 2. On September 9, 2020, Ms. Lappin began her employment with Alpharetta. 3. Ms. Lappin will spend 2/5ths (40%) of her work week (Monday and Friday) at the Milton Municipal Court and 3/5ths (60%) of her work week (Tuesday – Thursday) at the Alpharetta Municipal Court. 4. Ms. Lappin will be reasonably available to both Milton and Alpharetta throughout each day of her work week. 5. Ms. Lappin’s base salary will be $100,000.00 annually to be paid by Alpharetta in addition to other regular employee benefits as may be offered to the other employees of Alpharetta. 6. During the Term hereof, and for so long as this Agreement remains effective, Milton shall reimburse Alpharetta 40% of the prorated cost of Ms. Lappin’s base salary and 40% of the prorated cost of the employee benefits provided to her based on her position with Alpharetta as the municipal court clerk. 7. Requests for reimbursement shall be tendered to Milton monthly and shall only seek reimbursement for the proportionate share of the salary and benefits paid from Alpharetta to Ms. Lappin during the previous month. Upon receipt of Alpharetta’s reimbursement request, Milton shall promptly reimburse Alpharetta and in no event later than thirty (30) days from receipt. ARTICLE 2 MISCELLANEOUS 1. NON-WAIVER. Any party's failure to seek redress for a violation or to insist upon strict performance of any Agreement provision will not prevent a subsequent act, which would originally have constituted a violation, from having the effect of an original violation. 2. COUNTERPARTS. This Agreement may be executed in any number of counterparts with the same effect as if all Parties hereto had all signed the same document. All counterparts will be construed together and will constitute one agreement. Delivery of executed copies of this Agreement by facsimile or e-mail transmission to the other party hereto shall constitute good and valid execution and delivery by the Parties for all purposes, with the same effect as if such party had received an original counterpart signed by the other party. 3. GENDER AND NUMBER. Unless the context requires otherwise, the use of a masculine pronoun includes the feminine and the neuter, and vice versa, and the use of the singular includes the plural, and vice versa. 3 4. COMPLETE AGREEMENT. This Agreement constitutes the complete and exclusive statement of the agreement between the Parties. It supersedes all prior written and oral statements, including any prior representation, statement, condition or warranty. Except as expressly provided otherwise herein, this Agreement may not be amended without the written consent of all the Parties. 5. SEVERABILITY. If any paragraph, subparagraph, sentence, clause, phrase, or any portion of this Agreement shall be declared invalid or unconstitutional by any court of competent jurisdiction or if the provisions of any part of this Agreement as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this Agreement not held to be invalid. It is hereby declared to be the intent of the parties to provide for separable and divisible parts, and they do hereby adopt any and all parts hereof as may not be held invalid for any reason. 6. GOVERNING LAW; VENUE. This Agreement shall be governed by the laws of the State of Georgia. The Parties agree to comply, to the extent applicable, with all obligations of O.C.G.A. § 13-10-91, et seq., and Title VI of the Civil Rights Act of 1964. The proper venue for any actions arising out of this Agreement shall be in the Superior Court of Fulton County. 7. TIME OF ESSENCE. Time is of the essence of this Agreement. 8. NON-ASSIGNABILITY. Neither party may assign any of the obligations or benefits of this Agreement. 9. AUTHORITY TO CONTRACT. Each party declares that it has obtained all necessary approvals of its governing authority to execute and bind the party to the terms of this Agreement. Ratification of the Agreement by a majority of the governing authority shall authorize the mayor to execute on behalf of such governing authority but shall not preclude execution by the full council of either Party. 10. 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. 11. OFFICIAL NOTICES. Any notice required hereunder shall be in writing and shall be deemed to have been delivered when deposited in the United States mail, registered or certified, or when sent by overnight courier, addressed as follows: City of Milton Attn: Steve Krokoff, City Manager Milton City Hall 2006 Heritage Walk Milton, Georgia 30004 City of Alpharetta Attn: Robert J. Regus, City Administrator Alpharetta City Hall 2 Park Plaza Alpharetta, Georgia 30009 4 Or to such other address as either party may designate for itself by written notice to the other party from time to time. 12. NO EMPLOYMENT CONTRACT. This Agreement shall in no way operate as or be interpreted as an employment contract between Brooke Lappin and either or both Parties. 13. EFFECTIVE DATE; TERM. The terms and conditions of this Agreement shall be effective as of September 9, 2020, and shall remain effective through and including December 31, 2020, unless earlier terminated as provided herein. The December 31, 2020, Agreement expiration date may be extended upon mutual agreement of the Parties. 14. TERMINATION. Either party may terminate this Agreement prior to December 31, 2020, at any time, without cause, upon providing at least 30 days’ prior written notice to the other party in accordance with paragraph 11 above. IN WITNESS WHEREOF, the Parties have executed this Agreement by and through their duly authorized officers. CITY OF MILTON CITY OF ALPHARETTA By: ______________________________ By: ______________________________ Joe Lockwood, Mayor Jim Gilvin, Mayor Attest:____________________________ Attest:____________________________ City Clerk City Clerk Dated: __________________, 2020 Dated: ____________________, 2020 [AFFIX CITY SEAL] [AFFIX CITY SEAL] ACKNOWLEDGED AND AGREED TO: __________________________________ Brooke Lappin, Municipal Court Clerk CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 15, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Proclamation Recognizing Constitution Week Presented to the Daughters of the American Revolution - Patriots of Liberty Chapter and Martha Stewart Bulloch Chapter MEETING DATE: Wednesday, September 21, 2020 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: __________ X X X 09/21/2020 X Constitution Week 2020 WHEREAS, The Constitution of the United States, the guardian of our liberties, is a product of reflection and choice, embodying the principles of limited government in a Republic dedicated to rule by law, not by men; and WHEREAS, September 17, 2020 marks the two hundred and thirty-third anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to accord official recognition to this memorable anniversary, and to the patriotic exercises that will commemorate the occasion; and WHEREAS, Public Law 915, guarantees the issue of a proclamation each year by the President of the United States of America designating September 17th through September 23rd as Constitution Week. This Constitution Week, we, the City of Milton, urge all citizens to study the Constitution and to express gratitude for the privilege of American citizenship in our Republic, functioning under the superb body of laws - the Constitution of the United States of America. Now, therefore, we, the Mayor and City Council of the City of Milton, proclaim the week of September 17, 2020 through September 23, 2020 as Constitution Week in the City of Milton and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787. Presented to the Martha Stewart Bulloch Chapter of the National Society, Daughters of the American Revolution. Given under our hand and seal of the City of Milton, Georgia on this 21st day of September 2020. _________________________________ Joe Lockwood, Mayor Constitution Week 2020 WHEREAS, The Constitution of the United States, the guardian of our liberties, is a product of reflection and choice, embodying the principles of limited government in a Republic dedicated to rule by law, not by men; and WHEREAS, September 17, 2020 marks the two hundred and thirty-third anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to accord official recognition to this memorable anniversary, and to the patriotic exercises that will commemorate the occasion; and WHEREAS, Public Law 915, guarantees the issue of a proclamation each year by the President of the United States of America designating September 17th through September 23rd as Constitution Week. This Constitution Week, we, the City of Milton, urge all citizens to study the Constitution and to express gratitude for the privilege of American citizenship in our Republic, functioning under the superb body of laws - the Constitution of the United States of America. Now, therefore, we, the Mayor and City Council of the City of Milton, proclaim the week of September 17, 2020 through September 23, 2020 as Constitution Week in the City of Milton and ask our citizens to reaffirm the ideals the Framers of the Constitution had i n 1787. Presented to the Patriots of Liberty Chapter of the National Society, Daughters of the American Revolution. Given under our hand and seal of the City of Milton, Georgia on this 21st day of September 2020. _________________________________ Joe Lockwood, Mayor CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 15, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 4 – Section 105. – Hours and Days of Sales, of the Alcoholic Beverages of the Code of the City of Milton, Georgia MEETING DATE: Wednesday, September 21, 2020 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: __________ X X X 09/21/2020 X To: Honorable Mayor and City Council Members From: Sarah LaDart, Economic Development Manager Date: Submitted on September 15, 2020 for First Presentation on the September 21, 2020 Regular City Council Meeting and Unfinished Business on the October 5, 2020 Regular City Council Meeting Agenda Item: Consideration of an Ordinance to Amend Chapter 4 – Section 105. – Hours and Days of Sales, of the Alcoholic Beverages of the Code of the City of Milton, Georgia. _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: The State of Georgia recently amended the Hours and Procedures for Approving Sunday Package and On-Premise Alcohol Sales of Beer, Wine, and Distilled Spirits. We currently allow the package sales of alcoholic beverages on Sunday from 12:30 p.m. to 11:30 p.m. on Sunday. Per the State’s amendments, we may now allow for extending the hours from 11:00 a.m. until midnight for off premise consumption sales merely by the passage of an ordinance. There is no need to pass a second referendum, as a referendum for consumption on the premises for Sunday sales starting at 11:00 a.m. has already been approved by our voters. For more information on the State’s Bill and everything it covers click here. The attached amendment for consideration alters the times to mirror the State’s extended hours. Funding and Fiscal Impact: Potential increase in revenue as we create new opportunities for businesses in Milton. Alternatives: None. Legal Review: Paul Frickey, Jarrard & Davis – September 15, 2020 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Chapter 4-105 Clean Chapter 4-105 Red-line Sec. 4-105 – Hours and Days of Sale Alcoholic beverages shall only be permitted during the following hours and days of the week, as indicated for each respective license type: (a) Retail package beer and/or wine (off-premise consumption): Monday through Saturday 7:00 a.m. to 12:00 midnight. Sundays between the hours of 12:30 p.m. and 11:30 p.m. 11:00am and midnight with a valid Sunday Sales License. (b) Retail package liquor or distilled spirits (off-premise consumption): Monday through Saturday 8:00 a.m. to 11:45 pm. Sundays between the hours of 12:30 p.m. and 11:30 p.m. 11:00am and midnight with a valid Sunday Sales License. (c) Eating establishments, restaurants and other on -premise licenses not specifically designated in this section: Monday through Saturday, from 9:00 a.m. until 2:00 a.m. of the following day. Sunday from 11:00 a.m. until 2:00 a.m. of the following day; provided, however, any licensed establishment which serves alcohol on Sunday shall meet the minimum food sales requirements set forth under state law and possess a valid Sunday Sales License. (d) Ancillary license and/or BYOB license. Monday through Saturday, from 9:00 a.m. until 1 hour before closing but no later than 1 a.m. (e) Incidental License, Limited Tap License, Craft Beer and/or Wine Market, Growler/Crowler Shops. Monday through Saturday from 9:00 a.m. until 10:00 p.m. (f) Farm Winery Tasting License. Monday through Saturday, from 9:00 a.m. until 10:00 p.m. Sunday from 12:30 p.m. until 10:00 p.m. (g) Wholesalers. Monday through Saturday: 7:00 a.m. and 6:00 p.m. There shall be no sales of alcoholic beverages on Sunday by wholesalers. Unless otherwise provided for in this Chapter, licensed premises shall close their premises to the public and clear the premises of patrons within 30 minutes after the time set in this Section for discontinuance of the sale of alcoholic beverages on the premises. The licensed business shall open its business each day it is open by not later than 5:00 p.m. This Section shall not apply to Private Clubs. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON AN ORDINANCE TO AMEND SECTION 105 – HOURS AND DAYS OF SALE OF CHAPTER 4 – ALCOHOLIC BEVERAGES, OF THE CODE OF THE CITY OF MILTON, GEORGIA BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on October 6, 2020 at 6:00 p.m. as follows: SECTION 1. That the amendment of Chapter 4 - Section 105, of the Code of the City of Milton, Georgia is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 6th day of October 2020. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 15, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt the Fiscal 2021 Budget for Each Fund of the City of Milton, Georgia Appropriating the Several Items of Revenue Appropriations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available MEETING DATE: Wednesday, September 21, 2020 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: __________ X X X 09/21/2020 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on September 14, 2020 for Unfinished Business on the September 21, 2020 Regular Council Meeting Agenda Item: Budget Book for Fiscal Year 2021 Overview and Financial Highlights: Please find the proposed FY 2021 Budget Book enclosed. The City will be submitting this year’s budget book to the Government Finance Officers Association (GFOA) for consideration through the Distinguished Budget Presentation Award Program. This program sets standards and guidelines which encourage and assist state and local governments in preparing budget documents of the very highest quality that reflect both the guidelines established by the National Advisory Council on State and Local Budgeting and the GFOA’s best practices on budgeting. The City was successful in obtaining this award in FY 2019 and FY 2020 and has expectations that this year’s budget book will be successful as well. It is our hope that this enhanced document will assist citizens in a better understanding of Milton’s budget process, financial policies, and practices. FY2021 BUDGET BOOK IS LOCATED IN A SEPARATE LINK ON THE CITY CALENDAR UNDER SEPTEMBER 21, 2020 STATE OF GEORGIA FULTON COUNTY ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ADOPT THE FISCAL 2021 BUDGET FOR EACH FUND OF THE CITY OF MILTON, GEORGIA APPROPRIATING THE AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES, ADOPTING THE SEVERAL ITEMS OF REVENUE ANTICIPATIONS, PROHIBITING EXPENDITURES TO EXCEED APPROPRIATIONS, AND PROHIBITING EXPENDITURES TO EXCEED ACTUAL FUNDING AVAILABLE. WHEREAS, the City Manager of the City of Milton has presented a proposed Fiscal Year 2021 Budget to the City Council on each of the various funds of the City; and WHEREAS, each of these budgets is a balanced budget, so that anticipated revenues equal proposed expenditures for each fund; and WHEREAS, the Fiscal Year 2021 Budget provides a financial plan for the government, establishing appropriations for each operating department in order to extend services; NOW, THEREFORE BE IT ORDAINED that this budget, “Exhibit A” attached hereto and by this reference made a part hereof this ordinance shall be the City of Milton’s Fiscal Year 2021 Budget; and BE IT FURTHER ORDAINED that this budget be and is hereby approved and the several items of revenues shown in the budget for each fund in the amounts anticipated are adopted an d that the several amounts shown in the budget for each fund as proposed expenditures are hereby appropriated to the departments named in each fund; and, BE IT FURTHER ORDAINED that the expenditures shall not exceed the appropriations authorized by this budget or amendments thereto provided; that expenditures for the fiscal year shall not exceed actual funding available. ADOPTED AND APPROVED this 21st day of September, 2020. CITY OF MILTON, GEORGIA By: ________________________ Mayor Joe Lockwood _________________________ ________________________ Councilmember Peyton Jamison Councilmember Carol Cookerly _________________________ ________________________ Councilmember Paul Moore Councilmember Joe Longoria _________________________ ________________________ Councilmember Laura Bentley Councilmember Rick Mohrig (SEAL) Attest: _______________________________ Sudie AM Gordon, City Clerk First Reading: September 9, 2020 First Public Hearing: September 9, 2020 Second Public Hearing: September 21, 2020 Adoption: September 21, 2020 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 15, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal Year 2020 Budget for Each Fund of the City of Milton, Georgia Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations and Prohibiting Expenditures to Exceed Actual Funding Available MEETING DATE: Wednesday, September 21, 2020 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: __________ X 09/21/2020 X X To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on September 1, 2020 for First Presentation on the September 9, 2020 Regular City Council Meeting and Unfinished Business for the September 21, 2020 Regular City Council Meeting Agenda Item: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal Year 2020 Budget for Each Fund of the City of Milton, Georgia Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations and Prohibiting Expenditures to Exceed Actual Funding Available. _____________________________________________________________________________________ Department Recommendation: The recommendation is to approve the budget amendments as proposed. Executive Summary: As the City budget is a dynamic rather than static plan, it requires amending from time to time. The proposed budget amendments enclosed are an update to the previously amended budget as adopted on June 15, 2020 and reflect the most recent circumstances and recommendations. Requests outlined include revenue anticipation updates, several of which are adjustments to the projections made regarding the current economic impact of COVID-19. Some of the more significant adjustments to anticipations for revenue include: Title Ad Valorem Tax, Local Option Sales Tax, Alcohol Beverage Excise Tax, Business & Occupation Tax, and Intangible Tax. Staff have identified significant decreases to current expenditure budgets in the areas of salary savings as a result of vacancies in various departments and projects that have been deferred as a result of the current pandemic (please see the attached budget amendment documents for details). The public hearing for this amendment was advertised in the Milton Herald on August 27, 2020 and will include detailed discussion of the amendments outlined in the attached document as well as discussion regarding additional occupational tax revenue as required by O.C.G.A. 48-13-28. 1 of 31 Funding and Fiscal Impact: Please refer to the attached budget amendment documents. Alternatives: Other directed Council action. Concurrent Review: Steve Krokoff, City Manager Attachment(s): Fiscal Year 2020 Proposed Budget Amendments 2 of 31 ORDINANCE NO. STATE OF GEORGIA FULTON COUNTY AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ADOPT AMENDMENTS TO THE FISCAL 2020 BUDGET FOR EACH FUND OF THE CITY OF MILTON, GEORGIA AMENDING THE AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES, AMENDING THE SEVERAL ITEMS OF REVENUE ANTICIPATIONS, PROHIBITING EXPENDITURES TO EXCEED APPROPRIATIONS, AND PROHIBITING EXPENDITURES TO EXCEED ACTUAL FUNDING AVAILABLE. BE IT ORDAINED by the City Council of the City of Milton, GA while in a council meeting on September 21, 2020 at 6:00 p.m. as follows: WHEREAS, the City Manager of the City of Milton has presented amendments to the Fiscal Year 2020 Budget to the City Council on each of the various funds of the City; and WHEREAS, each of these budget amendments results in a balanced budget, so that anticipated revenues equal proposed expenditures for each fund; and WHEREAS, the amended Fiscal Year 2020 budget provides a financial plan for the government, establishing appropriations for each operating department in order to extend services; NOW, THEREFORE BE IT ORDAINED that this budget amendment, “Exhibit A” attached hereto and by this reference made a part hereof this ordinance shall be the City of Milton’s amended Fiscal Year 2020 budget; and BE IT FURTHER ORDAINED that this budget be and is hereby approved and the several items of revenues shown in the budget for each fund in the amounts anticipated are adopted and that the several amounts shown in the budget for each fund as proposed expenditures are hereby appropriated to the departments named in each fund; and, BE IT FURTHER ORDAINED that the expenditures shall not exceed the appropriations authorized by this budget or amendments thereto provided; that expenditures for the fiscal year shall not exceed actual funding available. 3 of 31 ADOPTED AND APPROVED this 21st day of September, 2020. CITY OF MILTON, GEORGIA By: ________________________ Mayor Joe Lockwood _________________________ ________________________ Councilmember Peyton Jamison Councilmember Carol Cookerly _________________________ ________________________ Councilmember Paul Moore Councilmember Joe Longoria _________________________ ________________________ Councilmember Laura Bentley Councilmember Rick Mohrig (SEAL) Attest: _______________________________ City Clerk 4 of 31 City of Milton, Georgia Fiscal Year 2020 Summary of Departmental Budget Amendments 5 of 31 The goal of the Fiscal Year 2020 budget amendment is to revise departmental budgets and interfund transfers based on activity-to-date and future projections. GENERAL FUND The General Fund is the principal operating fund of the government and is used to facilitate current year operations. General Fund revenues have unrestricted use. Utilization of prior year unrestricted fund balance in excess of required reserves shall be deemed a one-time revenue source. Expenditure requests are categorized into two categories: Salary and Benefits and Maintenance and Operating. Salary and benefits line items include salaries, overtime, vacation pay, retirement and other associated payroll expenditures. The maintenance and operating category include expenditures related to operational line items such as supplies, professional fees, training, dues and fees, travel, utilities, communications, machinery & equipment, etc. Revenue Amendments: The changes to revenue estimates for the following revenue sources are driven by an analysis of the activity-to-date and include updates resulting from the current economic impact related to COVID- 19.A projection was completed using available data indicating the Fiscal Year 2020 revenue estimates could be adjusted by the amounts indicated in the table beginning on page 9. Some of the more significant changes are explained as follows: 1.House Bill 779 effectively increased the portion of Title Ad Valorem Tax revenues to be allocated to all cities across Georgia. An increase in the amount of $103,785 to this line item accounts for anticipated increases resulting from this decision. 2.The full impact of COVID-19 is yet to be seen, and staff continues to monitor collections to anticipated impacted revenue streams. Impacts have not been as severe as originally projected and increases to the affected line-items for FY 2020 are requested as follows: Local Option Sales Tax $545,270, Alcohol Beverage Excise Tax $131,000, and Business & Occupation Tax $124,000. 3.Another revenue that has seen growth over FY 2020 is Intangible Tax. Intangible recording taxes are a tax on real estate loans, and there is a request for an increase of $222,099 to this line item. 4.An increase to the operating transfer in from the Revenue Bond Fund in the amount of $520,868 will go towards reimbursing the General Fund for bond eligible expenses related to the construction of the Public Safety Complex on Highway 9 that were incurred prior to the issuance of the bond funds. Expenditure Amendments: Explanations for each of the amendments to the expenditure accounts are provided within the expenditures by project detail beginning on page 11. 6 of 31 FY 2020 Current Budget Proposed Amendment Total Amended Budget REVENUES Taxes 26,954,873$ 1,262,707$ 28,217,580$ Licenses & Permits 534,596 2,950 537,546 Intergovernmental Revenues 60 41,200 41,260 Charges for Services 438,163 (26,250) 411,913 Fines & Forfeitures 250,000 -250,000 Investment Income 211,000 -211,000 C ontributions & Donations 23,503 -23,503 Miscellaneous Revenue 109,265 16,320 125,585 Proceeds from Sale of Assets 19,001 5,999 25,000 subtotal 28,540,461$ 1,302,926$ 29,843,387$ Interfund Transfers In: Capital Projects Fund 83,093$ -83,093 Capital Grant Fund - 85,523 85,523 Revenue Bond Fund - 520,868 520,868 subtotal 83,093$ 606,391$ 689,484$ TOTAL REVENUES $ 28,623,554 $ 1,909,317 $ 30,532,871 EXPENDITURES Mayor & Council 154,101$ -$ 154,101$ City Clerk 325,928 (31,000) 294,928 City Manager 644,897 (70,430) 574,467 General Administration 57,673 (10,000)47,673 Finance 636,442 (42,000) 594,442 Legal 335,000 25,000 360,000 Information Services 1,288,896 (67,000) 1,221,896 Human Resources 349,281 6,175 355,456 Risk Management 261,010 -261,010 General Government Buildings 265,066 -265,066 C ommunications 284,875 (11,000) 273,875 Community Outreach & Engagement 167,867 13,721 181,588 Municipal Court 482,448 11,870 494,318 Police 5,464,977 (70,955) 5,394,022 Fire 7,655,723 34,521 7,690,244 Public Works 2,748,400 (80,784) 2,667,616 Parks & Recreation (Active)1,644,100 (90,750) 1,553,350 Passive Parks/Greenspace 187,256 -187,256 Community Development 1,721,891 (38,000) 1,683,891 Economic Development 179,655 -179,655 Debt Service - - - Contingency 105,443 (105,443)- subtotal 24,960,929$ (526,075)$ 24,434,854$ Interfund Transfers Out: Capital Projects Fund 4,977,054$ 393,336 5,370,390$ Revenue Bond Fund 1,158,509 -1,158,509 subtotal 6,135,563$ 393,336$ 6,528,899$ TOTAL EXPENDITURES $ 31,096,492 $ (132,739) $ 30,963,753 Total Revenues Over/(Under) Expenditures (2,472,938)$ 2,042,056$ (430,882)$ Beginning Fund Balance 10,495,407 10,495,407 ENDING FUND BALANCE 8,022,469$ 10,064,525$ General Fund Budget Summary 7 of 31 Proposed Budget AmendmentFiscal Year 2020GENERAL FUND CURRENTBUDGET BUDGETAMENDMENT REVISEDBUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: TAXESReal Property Tax - Current Year11,860,008 80,000 11,940,008 Real Property Tax - Prior Year110,000 10,000 120,000 Personal Property Tax - Current Year202,017 2,100 204,117 Title Ad Valorem Tax675,000 103,785 778,785 Alternative Ad Valorem Tax (AAVT)3,800 3,115 6,915 Intangible Tax215,000 222,099 437,099 Franchise Fees/Natural Gas330,000 28,503 358,503 Franchise Fees/Cable500,000 19,535 519,535 Local Option Sales Tax8,046,653 545,270 8,591,923 Alcohol Beverage Excise Tax186,000 131,000 317,000 Business & Occupation Tax700,000 124,000 824,000 Penalties & Interest-Business & Occupation Tax8,000 (6,700) 1,300 TOTAL: TAXES1,262,707 LICENSES & PERMITSAlcohol Beverage Licenses155,000 1,000 156,000 Solicitation Permit1,000 (100) 900 Zoning & Land Use Permits3,000 (1,000) 2,000 Seasonal & Special Events900 (500) 400 Tree Removal Permits15,000 3,550 18,550 TOTAL: LICENSES & PERMITS2,950 INTERGOVERNMENTALBulletproof Vest Partnership- 5,337 5,337 FEMA/USFA AFG-S Grant (COVID-19)- 12,473 12,473 Fulton County/CARES Act Grant- 23,390 23,390 TOTAL: INTERGOVERNMENTAL41,200 CHARGES FOR SERVICEFinance Administrative Fees59,200 4,200 63,400 Open Records Fees1,000 50 1,050 Online Payment Convenience Fee28,000 2,000 30,000 Alarm Registration2,500 800 3,300 False Alarms10,000 (6,400) 3,600 Fire Plan Review Fee2,500 (1,300) 1,200 Fingerprinting Fee14,000 3,800 17,800 Self Defense Class- 600 600 Activity Fees/Joyful Soles45,000 (45,000) - Activity Fees/MCC Pool11,000 15,000 26,000 TOTAL: CHARGES FOR SERVICE(26,250) Change in revenue recognition9 of 31 Proposed Budget AmendmentFiscal Year 2020GENERAL FUND CURRENTBUDGET BUDGETAMENDMENT REVISEDBUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: MISCELLANEOUS REVENUEFacility Rental/Bell Memorial Park12,699 4,001 16,700 Facility Rental/Cox Road- 500 500 Insurance Proceeds-Public Safety- 8,081 8,081 Insurance Proceeds-Public Works1,948 2,593 4,541 Insurance Proceeds-Parks & Recreation- 1,145 1,145 TOTAL: MISCELLANEOUS REVENUE16,320 OTHER FINANCING SOURCESOperating Transfers In From Capital Grant Fund- 85,523 85,523 Operating Transfers In From Revenue Bond Fund- 520,868 520,868 Proceeds from Sale of Assets19,001 5,999 25,000 TOTAL: OTHER FINANCING SOURCES612,390 TOTAL REVENUES $ 1,909,317 Change in revenue recognition10 of 31 FY 2019 Actuals FY 2020 Amended Budget FY 2020 Actuals To-Date REVENUE SOURCE: Occupational Tax Revenue $ 803,913 $ 824,000 $ 826,444 GENERAL FUND If a local government's revenue from occupational taxes exceeds the revenue collections from the previous year, a public hearing must be held to discuss how to use the extra revenue. Any collections beyond the budgeted anticipations will go into fund balance and be used to fund non-recurring projects in future years. 8 of 31 Proposed Budget AmendmentFiscal Year 2020GENERAL FUND CURRENTBUDGET BUDGETAMENDMENT REVISEDBUDGET REASON FOR AMENDMENT EXPENDITURES BY DEPARTMENT: CITY CLERKSalaries & Wages 115,430 (10,000) 105,430 Employee Benefits54,292 (21,000) 33,292 TOTAL: CITY CLERK(31,000) CITY MANAGEREmployee Benefits118,000 3,970 121,970 Increase to Employee Benefits is a result of the annual true-up process*Professional Fees99,000 (70,000) 29,000 Decrease the budget to account for the delay to the strategic planning process as a result of COVID-19; These funds will be reallocated in FY 2021 for the completion of the projectMachinery & Equipment4,400 (4,400) - Request to transfer the hardware budget related to the two Summer Intern positions in the amount of $2,991; Remainder of the funds to be released to fund balance**TOTAL: CITY MANAGER(70,430) GENERAL ADMINISTRATIONGeneral Supplies42,100 (10,000) 32,100 Reduce the budget to account for annual savings related to general supplies and toner for City HallTOTAL: GENERAL ADMINISTRATION(10,000) FINANCEEmployee Benefits138,440 (42,000) 96,440 Decrease to Employee Benefits is a result of savings from position vacancies as well as the annual true-up process*TOTAL: FINANCE(42,000) Salaries & Wages and Employee Benefits savings from Deputy Clerk vacancy (position has been reclassified as Records Clerk and filled in September 2020)11 of 31 Proposed Budget AmendmentFiscal Year 2020GENERAL FUND CURRENTBUDGET BUDGETAMENDMENT REVISEDBUDGET REASON FOR AMENDMENT EXPENDITURES BY DEPARTMENT: LEGALProfessional Fees 335,000 25,000 360,000 Increase to account for higher than anticipated legal expensesTOTAL: LEGAL25,000 INFORMATION SERVICESMaintenance Contracts 793,918 (20,000) 773,918 Reduce the budget to account for savings related to the decision to delay the transition to VOIP telephony technologyMachinery & Equipment 236,271 (47,000) 189,271 Reduce the budget to account for savings related to the decision to delay the transition to VOIP telephony technology ($33,000) and savings related to scanner purchases ($14,000)TOTAL: INFORMATION SERVICES(67,000) HUMAN RESOURCESEmployee Benefits 54,776 17,675 72,451 Increase to Employee Benefits is a result of the annual true-up process*Professional Fees/Travel (Recruitment) 24,935 (11,500) 13,435 Overall savings to recruitment across Professional Fees and Travel is related to the recruitment of positions including upper management and department heads as well as related potential re-location expensesTOTAL: HUMAN RESOURCES6,175 COMMUNICATIONSEmployee Benefits 56,560 (11,000) 45,560 Decrease to Employee Benefits is a result of savings from position vacancies as well as the annual true-up process*TOTAL: COMMUNICATIONS(11,000) 12 of 31 Proposed Budget AmendmentFiscal Year 2020GENERAL FUND CURRENTBUDGET BUDGETAMENDMENT REVISEDBUDGET REASON FOR AMENDMENT EXPENDITURES BY DEPARTMENT: COMMUNITY OUTREACH & ENGAGEMENTSalaries & Wages109,546 5,280 114,826 Increase to Salaries & Wages is related to the transition of the Summer Interns from the City Manager Department to Community Outreach & Engagement** Employee Benefits28,151 5,450 33,601 Increase to Employee Benefits is a result of the annual true-up process*Machinery & Equipment1,828 2,991 4,819 Request to transfer the hardware budget related to the two Summer Intern positions**TOTAL: COMMUNITY OUTREACH & ENGAGEMENT13,721 MUNICIPAL COURTEmployee Benefits 56,086 11,870 67,956 Increase to Employee Benefits is a result of the annual true-up process*TOTAL: MUNICIPAL COURT11,870 POLICESalaries & Wages 2,792,209 402 2,792,611 Increase is related to COVID-19 relief requestsEmployee Benefits 1,217,837 (72,000) 1,145,837 Decrease to Employee Benefits is a result of the annual true-up process*Maintenance Contracts 460,625 (4,694) 455,931 Decrease is a result of lower than anticipated expenses related to Milton's share of the annual radio authority feesGeneral Supplies (Uniforms) 64,122 5,337 69,459 Increase related to grant monies received through the Bulletproof Vest ProgramTOTAL: POLICE(70,955) FIRESalaries & Wages 4,450,336 8,271 4,458,607 Medical Supplies 42,464 26,250 68,714 TOTAL: FIRE34,521 Increases are related to COVID-19 relief requests 13 of 31 Proposed Budget AmendmentFiscal Year 2020GENERAL FUND CURRENTBUDGET BUDGETAMENDMENT REVISEDBUDGET REASON FOR AMENDMENT EXPENDITURES BY DEPARTMENT: PUBLIC WORKSSalaries & Wages710,712 (15,000) 695,712 Salaries & Wages savings are being driven by the Equipment Operators' schedules related to gravel roads maintenanceProfessional Fees123,944 (43,944) 80,000 Decrease the budget to account for the delay to the City-wide traffic counts/speed study as a result of COVID-19; These funds will be reallocated in FY 2021 for the completion of the projectMaintenance Contracts40,991 (21,840) 19,151 Decrease is a result of lower than anticipated expenses related to Milton's share of the annual radio authority feesTOTAL: PUBLIC WORKS(80,784) PARKS & RECREATION (ACTIVE)Salaries & Wages 271,953 (57,400) 214,553 Rental Land & Buildings 78,616 (11,000) 67,616 Rental Vehicles & Equipment9,960 (9,760) 200 Education & Training3,200 (2,000) 1,200 Contract Labor42,250 (7,000) 35,250 General Supplies16,270 (3,000) 13,270 Food & Meals790 (590) 200 TOTAL: PARKS & RECREATION (ACTIVE)(90,750) COMMUNITY DEVELOPMENTEmployee Benefits 353,626 (38,000) 315,626 Decrease to Employee Benefits is a result of savings from position vacancies as well as the annual true-up process*TOTAL: COMMUNITY DEVELOPMENT(38,000) Decreases related to COVID-19 related cancelation of Camp Joyful Soles summer 2020 sessions 14 of 31 Proposed Budget AmendmentFiscal Year 2020GENERAL FUND CURRENTBUDGET BUDGETAMENDMENT REVISEDBUDGET REASON FOR AMENDMENT EXPENDITURES BY DEPARTMENT: CONTINGENCYContingency 105,443 (105,443) - Release remaining contingency to fund balanceTOTAL: CONTINGENCY(105,443) OTHER FINANCING USESOperating Transfer Out to Capital Projects Fund 4,977,054 393,336 5,370,390 Transferring funds for requests related to: FMCC passive improvements ($250,000), Community Development Comprehensive Plan ($28,336), Passive Parks/Greenspace site improvements ($115,000)TOTAL: OTHER FINANCING USES393,336 TOTAL EXPENDITURES $ (132,739)Total Revenues Over/(Under) Expenditures2,042,056$ *Budgets for certain employee benefit categories are based on an average projected cost per employee and trued-up based on actual expenses across departments at year-end. **The Summer Intern positions were originally budgeted as City Manager Department employees. Upon implementation of the annual internship program, it was deemed more appropriate for the positions to be part of the Community Outreach & Engagement Department. These amendments include the official request to transfer the positions from one department to the other. 15 of 31 Proposed Budget AmendmentFiscal Year 2020GENERAL FUND CURRENTBUDGET BUDGETAMENDMENT REVISEDBUDGET REASON FOR AMENDMENT EXPENDITURES BY DEPARTMENT: OTHER FINANCING USESOperating Transfer Out to Capital Projects Fund 4,894,518 82,536 4,977,054 Transferring the budget for obtaining vehicles for the two new officers (approved M&O initiative) to the Capital Projects FundOperating Transfer Out to Revenue Bond Fund - 1,158,509 1,158,509 Transferring the budgets for debt service related to revenue bond issuances to the Revenue Bond FundTOTAL: OTHER FINANCING USES1,241,045 TOTAL EXPENDITURES $ (507,264)Total Revenues Over/(Under) Expenditures(856,195)$ 16 of 31 FY 2020 Current Budget Requested Amendment Total Amended Budget Revenues 56,600$ (2,000)$ 54,600$ Expenditures 120,688$ (63,866)$ 56,822$ Total Revenues Over/(Under) Expenditures (64,088)$ 61,866$ (2,222)$ Beginning Fund Balance 71,176$ 71,176$ ENDING FUND BALANCE 7,088$ 68,954$ FY 2020 Current Budget Requested Amendment Total Amended Budget Revenues -$ 25,732$ 25,732$ Expenditures 6,716$ 21,433$ 28,149$ Total Revenues Over/(Under) Expenditures (6,716)$ 4,299$ (2,417)$ Beginning Fund Balance 95,166$ 95,166$ ENDING FUND BALANCE 88,450$ 92,749$ Special Revenue Funds Budget Summaries SPECIAL EVENTS FUND CONFISCATED ASSETS FUND 17 of 31 SPECIAL EVENTS FUND The Special Events Fund is used to track revenues and expenditures associated with running the City’s special events. The primary revenue source for this fund is an interfund transfer in from the Hotel/Motel Tax Fund. A decrease in tax revenue anticipations and event related expenditure requests as a result of COVID-19 event cancelations are outlined below. Additionally, savings recognized for events that were held in FY 2020 are being released to fund balance to be allocated towards anticipated events in FY 2021. Proposed Budget AmendmentsFiscal Year 2020SPECIAL EVENTS FUND CURRENTBUDGET BUDGETAMENDMENT REVISEDBUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: CONTRIBUTIONS & DONATIONSSummer Event Sponsor 2,000 (2,000) - TOTAL: CONTRIBUTIONS & DONATIONS(2,000) TOTAL REVENUES $ (2,000)EXPENDITURES BY EVENT:CRABAPPLE FESTProfessional Fees 11,808 (5,768) 6,040 Advertising 1,061 (686) 375 Printing 1,397 (1,057) 340 General Supplies 393 (198) 195 TOTAL: CRABAPPLE FEST(7,709) CARVIN' IN CRABAPPLEProfessional Fees 1,235 (875) 360 Advertising 450 (100) 350 Printing 500 (20) 480 Food & Meals 1,000 (1,000) - Other Equipment 250 (250) - TOTAL: CARVIN' IN CRABAPPLE(2,245) Recognition of actual expenses/release event savings to fund balance for use in FY 2021Change in revenue recognition 18 of 31 Proposed Budget AmendmentsFiscal Year 2020SPECIAL EVENTS FUND CURRENTBUDGET BUDGETAMENDMENT REVISEDBUDGET REASON FOR AMENDMENT EXPENDITURES BY EVENT:VETERAN'S DAYProfessional Fees227 (227) - General Supplies300 (230) 70 Food & Meals2,000 (560) 1,440 TOTAL: VETERAN'S DAY(1,017) CHRISTMAS IN MILTONGeneral Supplies380 (380) - Food & Meals1,500 (1,415) 85 TOTAL: CHRISTMAS IN MILTON(1,795) MAYOR'S RUNRental Equipment & Vehicles 400 (50) 350 Advertising 450 (50) 400 Printing 1,000 (173) 827 General Supplies 200 (200) - TOTAL: MAYOR'S RUN(473) EARTH DAYProfessional Fees 1,700 (1,700) - Rental Equipment & Vehicles 500 (500) Advertising 450 (100) 350 Printing 600 (600) - General Supplies 1,050 (1,050) - Food & Meals 250 (250) - TOTAL: EARTH DAY(4,200) SPRING EVENTSProfessional Fees 800 (800) - Rental Equipment & Vehicles 400 (400) Advertising 350 (350) - Printing 500 (500) - General Supplies 2,665 (2,665) - Food & Meals 300 (300) - TOTAL: SPRING EVENTS(5,015) Recognition of actual expenses/release event savings to fund balance for use in FY 2021Events canceled/release funds to fund balance to be allocated in FY 2021 19 of 31 Proposed Budget AmendmentsFiscal Year 2020SPECIAL EVENTS FUND CURRENTBUDGET BUDGETAMENDMENT REVISEDBUDGET REASON FOR AMENDMENT EXPENDITURES BY EVENT:ROCK FOR RESCUES*Professional Fees 3,056 (3,056) - Rental Equipment & Vehicles 13,915 (13,915) Advertising 1,550 (1,550) - Printing 600 (600) - General Supplies 1,500 (1,500) - Food & Meals 600 (600) - TOTAL: ROCK FOR RESCUES(21,221) MEMORIAL DAYProfessional Fees 1,550 (1,550) - Rental Equipment & Vehicles 2,900 (2,900) Advertising 1,550 (1,200) 350 Printing 1,000 (1,000) - General Supplies 500 (491) 9 Food & Meals 500 (500) - TOTAL: MEMORIAL DAY(7,641) SUMMER SERIESProfessional Fees 5,000 (5,000) - Rental Equipment & Vehicles 3,800 (3,800) Advertising 800 (800) - Printing 500 (500) - General Supplies 1,500 (1,500) - Food & Meals 700 (700) - Other Equipment 250 (250) TOTAL: SUMMER SERIES(12,550) TOTAL EXPENDITURES $ (63,866)Total Revenues Over/(Under) Expenditures61,866$ *The Rock for Rescues organization no longer exists, this event will no longer be held in the City of Milton.Events canceled/release funds to fund balance to be allocated in FY 2021 20 of 31 CONFISCATED ASSETS FUND The Confiscated Assets Fund is utilized to account for the use of confiscated assets by the City’s Police Department. Both federal and state confiscated assets are maintained within this fund, and guidelines by both jurisdictions must always be adhered to. Proposed Budget AmendmentsFiscal Year 2020CONFISCATED ASSETS FUND CURRENTBUDGET BUDGETAMENDMENT REVISEDBUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: FINES & FORFEITURESCash Confiscations/Federal Funds - 24,211 24,211 Cash Confiscations/State Funds - 1,521 1,521 TOTAL: FINES & FORFEITURES25,732 TOTAL REVENUES $ 25,732 EXPENDITURES BY PROJECT:Education & Training/Federal Funds - 21,433 21,433 TOTAL EXPENDITURES $ 21,433 Total Revenues Over/(Under) Expenditures4,299$ Change in revenue recognitionSet budget for purchases made federal confiscated funds 21 of 31 FY 2020 Current Budget Requested Amendment Total Amended Budget Revenues 5,533,127$ 398,319$ 5,931,447$ Expenditures 14,062,061$ 402,134$ 14,464,195$ Total Revenues Over/(Under) Expenditures (8,528,934)$ (3,814)$ (8,532,748)$ Beginning Fund Balance 8,532,749$ 8,532,749$ ENDING FUND BALANCE 3,815$ 0$ FY 2020 Current Budget Requested Amendment Total Amended Budget Revenues 1,869,115$ (8,876)$ 1,860,239$ Expenditures 9,317,120$ (128,728)$ 9,188,393$ Total Revenues Over/(Under) Expenditures (7,448,005)$ 119,852$ (7,328,154)$ Beginning Fund Balance 7,536,608$ 7,536,608$ ENDING FUND BALANCE 88,602$ 208,454$ FY 2020 Current Budget Requested Amendment Total Amended Budget Revenues 5,692,547$ (25,840)$ 5,666,707$ Expenditures 17,181,402$ 2,000,000$ 19,181,402$ Total Revenues Over/(Under) Expenditures (11,488,855)$ (2,025,840)$ (13,514,695)$ Beginning Fund Balance 13,950,834$ 13,950,834$ ENDING FUND BALANCE 2,461,980$ 436,140$ Capital Projects Funds Budget Summaries CAPITAL PROJECTS FUND GREENSPACE BOND FUND TSPLOST FUND 22 of 31 FY 2020 Current Budget Requested Amendment Total Amended Budget Revenues 1,293,413$ 176,160$ 1,469,573$ Expenditures 2,143,872$ 176,160$ 2,320,032$ Total Revenues Over/(Under) Expenditures (850,459)$ -$ (850,459)$ Beginning Fund Balance 850,459$ 850,459$ ENDING FUND BALANCE 0$ 0$ FY 2020 Current Budget Requested Amendment Total Amended Budget Revenues 28,822,510$ (49,172)$ 28,773,338$ Expenditures 27,102,950$ 10,240$ 27,113,190$ Total Revenues Over/(Under) Expenditures 1,719,560$ (59,412)$ 1,660,148$ Beginning Fund Balance (1,546,653)$ (1,546,653)$ ENDING FUND BALANCE 172,908$ 113,496$ REVENUE BOND FUND Capital Projects Funds Budget Summaries CAPITAL GRANT FUND 23 of 31 CAPITAL PROJECTS FUND The Capital Projects Fund is used to track revenues and expenditures associated with capital construction, acquisition, and maintenance. Appropriations in Capital Projects Fund are on a project-length basis and do not expire until the project is complete. According to the City’s budgetary policies, a major capital project generally is defined as an expenditure that has an expected useful life of more than three years with an estimated total cost of $50,000 or more, or an improvement/addition to an existing capital asset. Proposed Budget AmendmentsFiscal Year 2020 CURRENTBUDGET BUDGETAMENDMENT REVISEDBUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: TAXESInfrastructure Maintenance Fees Penalties & Interest - 483 483 TOTAL: TAXES483 CHARGES FOR SERVICELandfill Use Fees 42,000 3,000 45,000 TOTAL: CHARGES FOR SERVICE3,000 INVESTMENT INCOMEInterest Revenue - 1,500 1,500 TOTAL: INVESTMENT INCOME1,500 OTHER FINANCING SOURCESOperating Transfers In From General Fund 4,977,054 393,336 5,370,390 TOTAL: OTHER FINANCING SOURCES393,336 TOTAL REVENUES 398,319 CAPITAL PROJECTS FUNDChange in Revenue Recognition 24 of 31 Proposed Budget AmendmentsFiscal Year 2020 CURRENTBUDGET BUDGETAMENDMENT REVISEDBUDGET REASON FOR AMENDMENT EXPENDITURES BY PROJECT:Computer Software (Finance) 162,315 (100,000) 62,315 Release of funds as the scope of the project has changed from a complete system changeover to upgrades within the current financial software platform which is more efficient and cost effective at this timeProfessional Fees (Information Services) 4,490 (1,809) 2,681 Release of funds as the parcel alignment project is now complete; related annual maintenance fees will be allocated in the General Fund going forwardSoftware (Information Services) 102,824 (102,824) - Release of funds as the records management system implementation and additional infrastructure improvements have been completedOther Equipment (General Government Buildings) - 92,000 92,000 Request for funding to purchase a portable generator for City Hall which will be used as a source of power in the event of a large scale power outage (request includes funding for the generator as well as the electrical work required for connectivity)Site Improvements/City Hall 46,266 (46,266) - Release of funds as the construction of City Hall is complete; funds will go towards the portable generator requestOther Equipment/Advanced Life Support Equip 20,057 9,730 29,787 Request for funding to upgrade the Lifepack 12 model to the supported Lifepack 15 modelMass Notification Sirens 10,463 (9,064) 1,399 Release funds as the mass notification siren project is complete; funds will go towards the transfer out to the Capital Grant Fund for the City's match on the exhaust system grantCAPITAL PROJECTS FUND 25 of 31 Proposed Budget AmendmentsFiscal Year 2020 CURRENTBUDGET BUDGETAMENDMENT REVISEDBUDGET REASON FOR AMENDMENT EXPENDITURES BY PROJECT:Pavement Management 2,716,565 3,000 2,719,566 Allocation of revenue recognition change related to Landfill Use FeesSite Improvements/Passive Parks- 215,000 215,000 Request to set aside funding to address capital repairs/improvements to the passive/greenspace properties without approved master plans; funding approval requests will be presented to Mayor & Council as specific needs arise Site Improvements/Former Milton Country Club Passive 938,188 250,000 1,188,188 Request for funding related to the approved master plan Site Improvements/Lackey Road Property - 45,000 45,000 Request for funding to assess/repair the dam on the property Comprehensive Plan (Community Development)125,000 48,700 173,700 Request for funding as bids came in higher than the original project estimateContingency10,398 (10,398) - Release of contingency funds to help address funding requests outlined aboveOperating Transfer Out to the Capital Grant Fund- 9,064 9,064 Decreased to cover requests that are not covered by interdepartmental transfers ($4,340 to the Fuel Management System account and $132,712 to the Pavement Management account)TOTAL EXPENDITURES 402,134 Total Revenues Over/(Under) Expenditures(3,814)$ CAPITAL PROJECTS FUND26 of 31 GREENSPACE BOND FUND This fund was set up to account for the bond proceeds and related purchases approved in the greenspace bond referendum and the corresponding debt service. Budget amendments related to property tax collections and investment income anticipated have been requested. Proposed Budget AmendmentsFiscal Year 2020 CURRENTBUDGET BUDGETAMENDMENT REVISEDBUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: TAXESReal Property - Current Year 1,697,096 13,308 1,710,404 Public Utility Tax 13,220 (616) 12,604 Real Property - Prior Year 13,100 1,679 14,779 TOTAL: TAXES14,371 INVESTMENT INCOMEInterest (Regions) 75,000 (23,577) 51,423 Interest (SunTrust) - 330 330 TOTAL: INVESTMENT INCOME(23,247) TOTAL REVENUES $ (8,876)EXPENDITURES BY PROJECT:Land Conservation 7,603,245 (130,034) 7,473,212 The overall decrease to the project budget is a result of: recognizing actual investment revenue received over budget anticipations as well as the recognition of funds restricted to debt service Fiscal Agent's Fees - 1,306 1,306 Allocate funds to cover the annual fees due on the bond TOTAL EXPENDITURES $ (128,728)Total Revenues Over/(Under) Expenditures119,852$ GREENSPACE BOND FUNDChange in revenue recognition 27 of 31 TSPLOST FUND The TSPLOST Fund has been set up to account for the proceeds of the transportation local option sales tax and the various improvement projects outlined in the program. A budget amendment to recognize an increase in investment income anticipated has been requested. CURRENTBUDGET BUDGETAMENDMENT REVISEDBUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: INVESTMENT INCOMEInterest - 2,125 2,125 Realized Gain or Loss 150,000 (27,965) 122,035 TOTAL: INVESTMENT INCOME(25,840) TOTAL REVENUES $ (25,840)EXPENDITURES BY PROJECT: Site Improvements/Birmingham Middle Bridge 160,000 2,000,000 2,160,000 Allocate fund balance towards eligible projects: the concept recommendation for improvement on the Birmingham Middle Bridge project is replacement; allocating funds in anticipation of the final cost increases TOTAL EXPENDITURES $ 2,000,000 Total Revenues Over/(Under) Expenditures (2,025,840)$ TSPLOST FUNDChange in revenue recognitionProposed Budget AmendmentsFiscal Year 2020 28 of 31 CAPITAL GRANT FUND The Capital Grant Fund is considered to be a capital project fund that accounts for capital grants used to finance major capital projects. City staff have identified new opportunities across multiple grant programs and the corresponding amendments account for the grant funding and expenses as well as the City’s required matches. Proposed Budget AmendmentsFiscal Year 2020 CURRENTBUDGET BUDGETAMENDMENT REVISEDBUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: INTERGOVERNMENTALFederal Gov Grant/Assistance to Firefighters - 81,573 81,573 Federal Gov Grant/HPP Funds - 85,523 85,523 TOTAL: INTERGOVERNMENTAL167,096 OTHER FINANCING SOURCESOperating Transfers In From Capital Projects Fund - 9,064 9,064 TOTAL: OTHER FINANCING SOURCES9,064 TOTAL REVENUES $ 176,160 EXPENDITURES BY PROJECT:Other Equipment/Exhaust System (Fire) - 90,637 90,637 Increase budget to account for anticipated grant funding and the 10% City match related to the exhaust extractor systems at Station #41 and Station #43Operating Transfer Out to the General Fund - 85,523 85,523 Recognition of lower than anticipated construction expenses related to the City's portion of the Birmingham @ Providence intersection improvement projectTOTAL EXPENDITURES $ 176,160 Total Revenues Over/(Under) Expenditures-$ CAPITAL GRANT FUNDChange in revenue recognition 29 of 31 REVENUE BOND FUND The Revenue Bond Fund accounts for revenues and expenditures related to the City’s revenue bond issuances. The following requests account for proceeds collected in FY 2020 and corresponding debt service expenses including the refunding of the 2014 bond series into the newly issued 2019 bond series. Proposed Budget AmendmentsFiscal Year 2020 CURRENTBUDGET BUDGETAMENDMENT REVISEDBUDGET REASON FOR AMENDMENT REVENUES BY SOURCE:INVESTMENT INCOMEInterest Revenue (Regions) 170,338 (49,172) 121,166 TOTAL: INVESTMENT INCOME(49,172) TOTAL REVENUES $ (49,172)EXPENDITURES BY PROJECT:SR9 Court/Fire/Police Complex 13,853,347 (920,868) 12,932,479 Transfer $400,000 in related bond funding to a separate line item for the approved fire station alerting system, and $520,868 to the General Fund for bond eligible expenses covered by operating funds prior to the issuance of the bond fundsStation Alerting System- 400,000 400,000 Recognition of the funding related to the approved fire station alerting systemREVENUE BOND FUNDChange in revenue recognition 30 of 31 Proposed Budget AmendmentsFiscal Year 2020 CURRENTBUDGET BUDGETAMENDMENT REVISEDBUDGET REASON FOR AMENDMENT EXPENDITURES BY PROJECT:Site Improvements/Station #42 Replacement 3,706,563 10,240 3,716,803 Allocation of interest revenues to fulfill anticipated decrease in impact fee collections for FY 2020 Operating Transfer Out to the General Fund- 520,868 520,868 Transfer $520,868 to the General Fund for bond eligible expenses covered by operating funds prior to the issuance of the bond fundsTOTAL EXPENDITURES $ 10,240 Total Revenues Over/(Under) Expenditures(59,412)$ REVENUE BOND FUND31 of 31 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 15, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 4 – Section 138. – Promotion and Sales, of the Alcoholic Beverages of the Code of the City of Milton, Georgia MEETING DATE: Wednesday, September 21, 2020 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: __________ X X 09/21/2020 X X To: Honorable Mayor and City Council Members From: Sarah LaDart, Economic Development Manager Date: Submitted on August 24, 2020 for First Presentation on the September 9, 2020 Regular City Council Meeting and Unfinished Business on the September 21, 2020 Regular City Council Meeting Agenda Item: Consideration of an Ordinance to Amend Chapter 4 – Section 138. – Promotion and Sales, of the Alcoholic Beverages of the Code of the City of Milton, Georgia. _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: This is a slight revision for clarification purposed of the promotion and sales section of Chapter 4 – Alcoholic Beverages for flights of beer, wine, and liquor. The current version only allows for flights of beer and the proposed revisions adds wine and liquor. It also opens the opportunity to any licensed establishment to serve flights, not just brewpubs. Funding and Fiscal Impact: Potential increase in revenue as we create new opportunities for businesses in Milton. Alternatives: None. Legal Review: Deborah Dance, Jarrard & Davis – August 22, 2020 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Chapter 4-138 Clean Chapter 4-138 Red-line Sec. 4-138. - Promotions and sales. (a) No licensee or employee or agent of a licensee, in connection with the sale or other disposition of alcoholic beverages for consumption on -premises, shall: 1) Offer or deliver any free alcoholic beverage to any person or group of persons. For the purpose of this Section, “free” means free to the patron on behalf of the establishment. 2) Deliver more than two (2) alcoholic beverages to one (1) person at a time ., however, nothing herein shall prohibit a brewpub from offering a sampler of beer in containers not exceeding four (4) ounces. Each sampler shall not exceed four (4) different types of beer. For the purposes of this Section, one (1) alcoholic beverage shall be the equivalent of one (1) 16 ounce beer, or one (1) 6 ounce glass of wine or one (1) ounce of 1 00 proof spirits. i. Nothing herein shall prohibit a brewpub licensed establishment from offering a sampler of beer in containers not exceeding four (4) ounces. Each sampler shall not exceed four (4) different types of beer. ii. Nothing herein shall prohibit a licensed establishment from offering a sampler of wine in containers not exceeding three (3) ounces. Each sampler shall not exceed four (4) different types of wine. iii. Nothing herein shall prohibit a licensed establishment from offering a sampler of liquor in containers not exceeding one half (1/2) ounce. Each sampler shall not exceed four (4) different types of liquor. 3) Sell, offer to sell, or deliver to any person or group of persons any alcoholic beverage at a price less than 50 percent (50%) o f the price regularly charged for such alcoholic beverage during the same calendar week, except at private functions not open to the public. 4) Sell, offer to sell, or deliver to any person or group of persons an unlimited number of alcoholic beverages during any set period of time for a fixed price, except at private functions not open to the public. 5) Sell, offer to sell, or deliver to any person or group of persons any alcoholic beverages on any one (1) day at prices less than those charged the general public on that same calendar day, except at private functions not open to the public. 6) Sell, offer to sell, or deliver alcoholic beverages, incl uding beer, in any container which holds more than 32 fluid ounces (0.947 liters), except to two (2) or more legally aged persons at any one (1) time. 7) Increase the volume of alcohol contained in a drink without increasing proportionately the price regularly charged for such alcoholic beverage during the same calendar week. 8) Encourage or permit on the licensed premises any game or contest which involves the drinking of alcoholic beverages or the awarding of alcoholic beverages as a prize. This subsection shall not apply to Incidental Licenses. (b) Each licensee shall maintain a schedule of the price charged for all alcoholic beverages to be served and consumed on the licensed premises or in any room or part thereof. The schedule of prices shall be posted i n a conspicuous manner so as to be in view of the paying public, and the schedule shall be effective for not less than one (1) calendar week. (c) No licensee shall advertise or promote in any way, whether within or without the licensed premises, any of the practices prohibited under this Section. (d) No provision of this Section shall be construed to prohibit: 1) Offering free food or entertainment at any time; 2) Including an alcoholic beverage as part of a meal package; or 3) Selling or providing wine by the bottle or carafe when sold with meals or to more than one (1) person. (e) The Police Department shall have the responsibility for the enforcement of this Section. (f) No licensee may require the purchase of any alcoholic beverage as a part of or prerequisite to the purchase of any other product or service. If alcoholic beverages are included as part of a package of other goods and services, the alcoholic beverages must be priced separately and all patrons must be allowed to purchase the remaining goods and services without the alcoholic beverages at a price from which the full price of the alcoholic beverages has been deducted, provided, however, that this Section shall not apply to Incidental Licenses. (g) It shall be prohibited for any sales to be made outside of the area on or about the premises licensed for such sale except as permitted herein. For the purpose of this Section, the term “sale” shall refer to the poin t at which there is an exchange of money for alcoholic beverages or when alcoholic beverages are left in the sole possession or control of a patron. Nothing in this Section will be deemed to prohibit alcoholic beverages from being sold through a window of the premises when any such practice is otherwise permitted by state law. (h) It shall be prohibited for any person except a licensee, his or her manager, or agent in charge of the licensed premises, to carry into or have in his or her possession on any licensed premises, any alcoholic beverages provided that this Section shall not apply to beverages sealed in their original container being brought onto the premises of private clubs or establishments with a BYOB License by a patron . STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON AN ORDINANCE TO AMEND SECTION 138 – PROMOTIONS AND SALES OF CHAPTER 4 – ALCOHOLIC BEVERAGES, OF THE CODE OF THE CITY OF MILTON, GEORGIA BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on September 21, 2020 at 6:00 p.m. as follows: SECTION 1. That the amendment of Chapter 4 - Section 138, of the Code of the City of Milton, Georgia is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 21st day of September 2020. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON Sec. 4-138. - Promotions and sales. (a) No licensee or employee or agent of a licensee, in connection with the sale or other disposition of alcoholic beverages for consumption on -premises, shall: 1) Offer or deliver any free alcoholic beverage to any person or group of persons. For the purpose of this Section, “free” means free to the patron on behalf of the establishment. 2) Deliver more than two (2) alcoholic beverages to one (1) person at a time . For the purposes of this Section, one (1) alcoholic beverage shall be the equivalent of one (1) 16 ounce beer, or one (1) 6 ounce glass of wine , or one (1) ounce of 100 proof liquor. i. Nothing herein shall prohibit a licensed establishment from offering a sampler of beer in containers not exceeding four (4) ounces. Each sampler shall not exceed four (4) different types of beer. ii. Nothing herein shall prohibit a licensed establishment from offering a sampler of wine in containers not exceeding (3) ounces. Each sampler shall not exceed four (4) different types of wine. iii. Nothing herein shall prohibit a licensed establishment from offering a sampler of liquor in containers not exceeding one half (1/2) ounce. Each sampler shall not exceed four (4) different types of liquor. 3) Sell, offer to sell, or deliver to any person or group of persons any alcoholic beverage at a price less than 50 percent (50%) of the price regularly charged for such alcoholic beverage during the same calendar week, except at private functions not open to the public. 4) Sell, offer to sell, or deliver to any person or group of persons an unlimited number of alcoholic beverages during any set period of time for a fixed price, except at private functions not open to the public. 5) Sell, offer to sell, or deliver to any person or group of persons any alcoholic beverages on any one (1) day at prices less than those charged the general public on that same calendar day, except at private functions not open to the public. 6) Sell, offer to sell, or deliver alcoholic beverages, including beer, in any container which holds more than 32 fluid ounces (0.947 liters), except to two (2) or more legally aged persons at any one (1) time. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON 7) Increase the volume of alcohol contained in a drink without increasing proportionately the price regularly charged for such alcoholic beverage during the same calendar week. 8) Encourage or permit on the licensed premises any game or contest which involves the drinking of alcoholic beverages or the awarding of alcoholic beverages as a prize. This subsection shall not apply to Incidental Licenses. CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 15, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 2, Article VI, Division 4, Section 2-390., Transfer or Disposal of Assets; Notice MEETING DATE: Wednesday, September 21, 2020 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: __________ X X X X 09/21/2020 To: Honorable Mayor and City Council Members From: Robert Drewry, Public Works Director Date: Submitted on September 1, 2020 for First Reading on September 9, 2020 Regular City Council Meeting and Second Reading on September 21, 2020 Regular City Council Meeting Agenda Item: Consideration of an Ordinance to Amend Chapter 2, Article VI, Division 4, Section 2-390., Transfer or Disposal of Assets; Notice. _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The current municipal code section of the city does not have regulations to provide for a procedure for disposition of small or narrow strips of land incapable of being used independently as zoned. As set forth in O.C.G.A. § 36-37-6(g), the city may sell and convey, by quitclaim deed, parcels of small or narrow strips of land, so shaped or so small as to be incapable of being used independently as zoned or under applicable subdivision or other development ordinances or land use plans, or as streets, whether owned in fee or used by easement, to abutting property owners where such sales and conveyances facilitate the enjoyment of the highest and best use of the abutting owner(s)' property. The Georgia Code requires disposition to be made under such terms and conditions set out by ordinance. This amendment will provide an ordinance and procedure for disposition of small or narrow strips of land. Funding and Fiscal Impact: None Alternatives: 1. Amend ordinance per staff’s recommendation. 2. Not to amend ordinance. Legal Review: Sarah VanVolkenburgh, Jarrard & Davis, 9/1/20 Attachment(s): Redline of Ordinance Revision Ordinance to Amend 2-390 Exhibit “A” to Ordinance Redline of Ordinance Revision CHAPTER 2. - ADMINISTRATION ARTICLE VI. – FINANCIAL MANAGEMENT PROGRAM DIVISION 4. – CAPITAL ASSET POLICY Sec. 2-390. - Transfer or disposal of assets; notice. (a) All capital assets are city property and may not be donated, discarded or transferred to another owner without direct authorization from the city manager's office. Departments should notify the city manager's office of all surplus assets ready for disposition. (b) The disposition of the capital assets the city purchased with federal, state, or other grant funds must follow federal guidelines. The guidelines of the specific grant, or general federal guidelines, will dictate the duration of time that the asset must remain city property. The guidelines also will indicate the disposition of the proceeds from the sale of the asset. (c) In accordance with O.C.G.A. § 36-37-6, all sales by the city of real property or personal property with an assigned value of equal to or more than $500.00 must be offered for purchase, either by sealed bids or auction, to the highest bidder. (1) Notice. Notice of the sale must be published once in the official city newspaper or in a newspaper of general circulation in the city. The legal notice must appear not less than 15 days nor more than 60 days prior to the date of the sale. The notice must contain a brief description of the property and a legal description for real property. (2) If the sale is by sealed bid, the notice shall also contain an invitation for proposals and shall state the: a. Conditions of the proposed sale; b. Address at which bids and other materials may be obtained; and c. Date, time, and place for the bid opening. (3) Bids. Bids shall be opened in public at the time and place stated in the legal notice. The bids shall be kept available for public inspection for 60 days. (4) The city may reject any and all bids or cancel a proposed sale. (5) If the sale is by auction, the notice shall also state the conditions of the sale and shall state the date, time, and place of the proposed sale. As a condition of the sale, a minimum amount may be established for the sale to occur. (6) The mayor and city council shall approve by resolution the sale of all real estate prior to any staff action. (d) Property with an estimated value of less than $500.00 may be sold without regard to the provisions contained in subsections (a) through (c) of this section. Such sales may be made in the open market without advertisement and without acceptance of bids. The city has the power to estimate the value of the property being sold. (e) As set forth in O.C.G.A. § 36-37-6(g), the city may sell and convey, by quitclaim deed, parcels of small or narrow strips of land, so shaped or so small as to be incapable of being used independently as zoned or under applicable subdivision or other development ordinances or land use plans, or as streets, whether owned in fee or used by easement, to abutting property owners where such sales and conveyances facilitate the enjoyment of the highest and best use of the abutting owner(s)’ property. The city shall only exercise its authority to dispose of property under this section where either: (1) There exists only one owner of property abutting the city property to be disposed of; or (2) If there exists more than one owner of property abutting the city property to be disposed of, all such abutting owners agree in writing to the manner in which such city property shall be disposed. The sale of city property to abutting property owners as authorized by this section is not required to be submitted to the process of auction or the solicitation of sealed bids so long as the sale complies with O.C.G.A. § 36-37-6(g), this section, and with any additional conditions that the council may impose by resolution. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINACE TO AMEND CHAPTER 2, ARTICLE VI, DIVISION 4, SECTION 2-390., TRANSFER OR DISPOSAL OF ASSETS; NOTICE, OF THE CODE OF THE CITY OF MILTON, GEORGIA BE IT ORDAINED by the City Council for the City of Milton, Georgia as follows: WHEREAS, pursuant to its Charter and other laws of the State of Georgia, the City of Milton, Georgia has the power to adopt clearly reasonable ordinances, resolutions and regulations for the protection and preservation of the public health, safety and welfare of its citizens; and WHEREAS, Section 2-390 of Division 4 of Article VI of Chapter 2 of the City of Milton Code of Ordinances regulates the disposition of capital assets owned by the City of Milton including real and personal property; and WHEREAS, the Mayor and Council have determined that it is in the best interest of the City’s residents to amend the existing regulations to provide for a procedure for disposition of small or narrow strips of land incapable of being used independently as zoned. NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, as follows: SECTION 1. That Section 2-390 of Division 4 of Article VI of Chapter 2 of the City of Milton Code of Ordinances is hereby replaced in its entirety by the text attached hereto as Exhibit A. SECTION 2. That all ordinances or part of ordinances that conflict with the terms of this ordinance are hereby repealed; and SECTION 3. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature approval of the Mayor. SO ORDAINED this the _____ day of _______________, 2020, the public’s health, safety, and welfare demanding it. Approved: Attest: Joe Lockwood, Mayor Sudie Gordon, City Clerk Exhibit A CHAPTER 2. - ADMINISTRATION ARTICLE VI. – FINANCIAL MANAGEMENT PROGRAM DIVISION 4. – CAPITAL ASSET POLICY Sec. 2-390. - Transfer or disposal of assets; notice. (a) All capital assets are city property and may not be donated, discarded or transferred to another owner without direct authorization from the city manager's office. Departments should notify the city manager's office of all surplus assets ready for disposition. (b) The disposition of the capital assets the city purchased with federal, state, or other grant funds must follow federal guidelines. The guidelines of the specific grant, or general federal guidelines, will dictate the duration of time that the asset must remain city property. The guidelines also will indicate the disposition of the proceeds from the sale of the asset. (c) In accordance with O.C.G.A. § 36-37-6, all sales by the city of real property or personal property with an assigned value of equal to or more than $500.00 must be offered for purchase, either by sealed bids or auction, to the highest bidder. (1) Notice. Notice of the sale must be published once in the official city newspaper or in a newspaper of general circulation in the city. The legal notice must appear not less than 15 days nor more than 60 days prior to the date of the sale. The notice must contain a brief description of the property and a legal description for real property. (2) If the sale is by sealed bid, the notice shall also contain an invitation for proposals and shall state the: a. Conditions of the proposed sale; b. Address at which bids and other materials may be obtained; and c. Date, time, and place for the bid opening. (3) Bids. Bids shall be opened in public at the time and place stated in the legal notice. The bids shall be kept available for public inspection for 60 days. (4) The city may reject any and all bids or cancel a proposed sale. (5) If the sale is by auction, the notice shall also state the conditions of the sale and shall state the date, time, and place of the proposed sale. As a condition of the sale, a minimum amount may be established for the sale to occur. (6) The mayor and city council shall approve by resolution the sale of all real estate prior to any staff action. (d) Property with an estimated value of less than $500.00 may be sold without regard to the provisions contained in subsections (a) through (c) of this section. Such sales may be made in the open market without advertisement and without acceptance of bids. The city has the power to estimate the value of the property being sold. (e) As set forth in O.C.G.A. § 36-37-6(g), the city may sell and convey, by quitclaim deed, parcels of small or narrow strips of land, so shaped or so small as to be incapable of being used independently as zoned or under applicable subdivision or other development ordinances or land use plans, or as streets, whether owned in fee or used by easement, to abutting property owners where such sales and conveyances facilitate the enjoyment of the highest and best use of the abutting owner(s)’ property. The city shall only exercise its authority to dispose of property under this section where either: (1) There exists only one owner of property abutting the city property to be disposed of; or (2) If there exists more than one owner of property abutting the city property to be disposed of, all such abutting owners agree in writing to the manner in which such city property shall be disposed. The sale of city property to abutting property owners as authorized by this section is not required to be submitted to the process of auction or the solicitation of sealed bids so long as the sale complies with O.C.G.A. § 36-37-6(g), this section, and with any additional conditions that the council may impose by resolution. CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 16, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution Authorizing Disposition of Fee Simple to Abutting Property Owners Robert K. and Melissa R. Yarbrough on Hopewell Road at Thompson Road MEETING DATE: Wednesday, September 21, 2020 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: __________ X X X 09/21/2020 X Page 1 of 2 To: Honorable Mayor and City Council Members From: Robert W. Drewry, Public Works Director Date: Submitted on September 15, 2020 for the September 21, 2020 Regular City Council Meeting Agenda Item: Consideration of a Resolution Authorizing Disposition of Fee Simple to Abutting Property Owners Robert K. and Melissa R. Yarbrough on Hopewell Road at Thompson Road _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The City acquired all of parcel 22 487005340321 as fee simple right of way, designated as “Parcel 5” (shown on Map 1 below) of the City’s Hopewell Road and Thompson Road roundabout project. The area outside the required right of way for the roundabout created a remnant portion of the parcel, designated as “Parcel 5R” (shown on Map 2 below). Robert K. and Melissa R. Yarbrough own the land designated as “Parcel 7” (shown on Map 2 below) and are the only owner abutting Parcel 5R. Map 1: Parcel 5 Before Map 2: ROW, Parcels 5R and 7 As part of the Hopewell Road and Thompson Road roundabout project purchase agreement for Parcel 7, the owner requested to purchase Parcel 5R. O.C.G.A Section 36-37-6(g) and Section2-390(e) of the City of Milton Code of Ordinances permit disposal of small strips of land incapable of being used independently. It is in the best public interest to relieve the City from further maintenance obligations of Parcel 5R and would facilitate the highest and best use to convey Parcel 5R to the owners of Parcel 7 as part of that closing. Funding and Fiscal Impact: The appraised value of Parcel 5R is $17,800. Alternatives: Retain Parcel 5R as city owned property Legal Review: Sarah VanVolkenburgh – Jarrard & Davis (9/15/20) Attachment(s): Resolution A RESOLUTION BY THE CITY OF MILTON AUTHORIZING DISPOSITION OF FEE SIMPLE TO ABUTTING PROPERTY OWNER PURSUANT TO O.C.G.A. SECTION 36-37-6(g) WHEREAS, the Milton City Charter, 2006 Ga. L. 3554, provides in Section 1.12(b)(22) thereof that the City of Milton (the “City”) may dispose of any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the City; and WHEREAS, the City requires certain right of way and easements collectively designated as “Parcel 7” of the City’s Hopewell Road at Thompson Road roundabout project (the “Project”), which Parcel 7 is owned by Robert K. Yarbrough and Melissa R. Yarbrough (collectively “Owner”); and WHEREAS, as reflected on the purchase agreement attached hereto as Exhibit “A,” Owner has requested that as part of the consideration for Parcel 7, the City convey its interest in a portion of that 0.444 acres of fee simple right of way designated as “Parcel 5R” of the Project and defined more particularly on Exhibit “B” attached hereto; and WHEREAS, O.C.G.A. Section 36-37-6(g) and Section 2-390(e) of the City of Milton Code of Ordinances permit the disposal of small or narrow strips of land, whether owned in fee or used by easement, that are so shaped or so small as to be incapable of being used independently to abutting property owners without first submitting the conveyance to the process of an auction or the solicitation of sealed bids; and WHEREAS, the City has determined that there is no longer a need for Parcel 5R, which consists of a small strip of land of approximately 0.444 acres, more or less, which is incapable of being used independently and which was acquired as an uneconomic remnant to Parcel 5 of the Project; and WHEREAS, Owner is the only property owner abutting Parcel 5R, and Owner, by requesting that the City convey Parcel 5R to Owner, has actual notice of the proposed disposition described herein; and WHEREAS, the City has determined it is in the best public interest to relieve the City from further maintenance obligations with respect to Parcel 5R, and would facilitate enjoyment of the highest and best use of Owner’s property to convey said property to Owner as part of the closing on Parcel 7; provided, however, that to accommodate the Project, the City must reserve 8,611.22 square feet of temporary construction easement over Parcel 5R as reflected on Exhibit “C” as a condition of this disposition. NOW, THEREFORE, BE IT RESOLVED, that the City of Milton does hereby authorize disposition of Parcel 5R to Owner, with a reservation of 8,611.22 square feet of temporary construction easement for the Project, by quitclaim deed in a form substantially similar to the form attached hereto as Exhibit “D.” Be it resolved this ______ day of _______________, 2020. CITY OF MILTON, GEORGIA __________________________________ Joe Lockwood, Mayor Attest: __________________________________ Clerk EXHIBIT “A” Purchase Agreement EXHIBIT “B” Parcel 5R 0.444 acres Survey and Legal Description COUNTY: Fulton County Project Number.: MIL-006 PARCEL NO.: 5R LAST REVISED: August 3, 2020 All that tract or parcel of land lying and being in Land Lot 534 of the 2nd Land District, 2nd Section of Fulton County, Georgia, being more particularly described as follows: PARCEL 5R, REMNANT PARCEL Beginning at a point 28.21 feet left of and opposite station 602+34.22 on the construction centerline of Thompson Rd Centerline on City of Milton project number MIL-006;running thence N 3°00'00.0" E a distance of 140.00 feet to a point 165.81 feet left of and opposite station 603+01.89 on said construction centerline laid out for CL Thompson Rd WEST; thence S 87°55'57.1" E a distance of 158.04 feet to a point 76.64 feet left of and opposite station 604+50.00 on said construction centerline laid out for CL Thompson Rd WEST; thence S 87°55'57.4" E a distance of 96.56 feet to a point 56.23 feet left of and opposite station 605+20.38 on said construction centerline laid out for CL Thompson Rd WEST; thence southwesterly 174.82 feet along the arc of a curve (said curve having a radius of 414.50 feet and a chord distance of 173.53 feet on a bearing of S 59°48'16.6" W) to the point 26.50 feet left of and opposite station 603+76.04 on said construction centerline laid out for CL Thompson Rd WEST; thence southwesterly 114.32 feet along the arc of a curve (said curve having a radius of 173.50 feet and a chord distance of 112.27 feet on a bearing of S 66°35'54.6" W) to the point 26.50 feet left of and opposite station 602+44.26 on said construction centerline laid out for CL Thompson Rd WEST; thence N 81°54'55.7" W a distance of 8.83 feet back to the point of beginning. Containing 0.444 acres more or less. g Mo. Xp'Wni pInPIX4 _£ SOY''in'U5 IfO 5iA YAI[N LIKE wel,+� wn,z y eBay �nzi e . d15 I b A fP f XL e or 'IfIr "XI Of go +�,,�•'• �^ .t dip I o8a _ i5i� EYOY-W VN plpMl OJ'OJ,IOS Yli 3xr1 K)EKn �kk §��Si$ffi �3 fr /' ons Ne. o0 YARNMIM4 Fri 1 110, 0 _v a 8%% _ o LL/. -' ✓ � � 8a` � ti o NX. o- W, � I , I _miam�a��� QIaRr� NyY eee �' - _ - ?�? �i^_ _ __ ;g•. _ _ _ Elio_ _ ___ _ tj :�E o�oMo - r r _eek Eai �a"e^a^o s s r w �a '�'olaaosoNN«�^e _ a •� _ _ __ ___ _;�¢ E��EELeestY � >g :"„d: h N�er�W is ao 3 EXHIBIT “C” Temporary Construction Easement over Parcel 5R 8,611.22 Square Feet Survey and Legal Description COUNTY: Fulton County Project Number.: MIL-006 PARCEL NO.: 5R LAST REVISED: August 3, 2020 All that tract or parcel of land lying and being in Land Lot 534 of the 2nd Land District, 2nd Section of Fulton County, Georgia, being more particularly described as follows: TEMPORARY EASEMENT Granted is the right to execute certain construction over and upon my land abutting on and adjacent to the right of way in such manner as said City may deem proper to support or accommodate the improvement of said road, including the right to slope the adjacent ground to tie in with the roadway or sidewalk elevations and to construct any required slopes and fence within the easement area described below and shown on the attached plats. Any slopes or fence constructed will remain in place and the City of Milton will cease to maintain said slopes and fence upon expiration of said easement. Said easement is to become effective at the beginning of construction of the above numbered project and will expire upon completion and final acceptance of said project by the City of Milton. Beginning at a point 28.21 feet left of and opposite station 602+34.22.00 on the construction centerline of Thompson Rd Centerline on City of Milton project number MIL-006; running thence N 3°00'00.0" E a distance of 31.92 feet to a point 60.00 feet left of and opposite station 602+37.92 on said construction centerline laid out for CL Thompson Rd WEST; thence N 74°43'33.1" E a distance of 78.97 feet to a point 55.00 feet left of and opposite station 603+50.00 on said construction centerline laid out for CL Thompson Rd WEST; thence N 47°01'49.2" E a distance of 119.47 feet to a point 76.64 feet left of and opposite station 604+50.00 on said construction centerline laid out for CL Thompson Rd WEST; thence S 87°55'57.4" E a distance of 96.56 feet to a point 56.23 feet left of and opposite station 605+20.38 on said construction centerline laid out for CL Thompson Rd WEST; thence southwesterly 174.82 feet along the arc of a curve (said curve having a radius of 414.50 feet and a chord distance of 173.53 feet on a bearing of S 59°48'16.6" W) to the point 26.50 feet left of and opposite station 603+76.04 on said construction centerline laid out for CL Thompson Rd WEST; thence southwesterly 114.32 feet along the arc of a curve (said curve having a radius of 173.50 feet and a chord distance of 112.27 feet on a bearing of S 66°35'54.6" W) to the point 26.50 feet left of and opposite station 602+44.26 on said construction centerline laid out for CL Thompson Rd WEST; thence N 81°54'55.7" W a distance of 8.83 feet back to the point of beginning. 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HUMMRe :¢ .1 ' - qW.o Rear i.Ra„„e„ o„ o ve$voo� osea� = i"ted "ted ¢�W "ado `�d'�& ¢;o,' "wd"dw "ted c:>.a iNNNd!"&d`dwk. �"wd"d�"wd :>.�i .a.¢j .a.4 EXHIBIT “D” Quitclaim Deed Please return to: Sarah VanVolkenburgh Jarrard & Davis, LLP 222 Webb Street Cumming, GA 30040 STATE OF GEORGIA COUNTY OF FULTON QUIT CLAIM DEED THIS INDENTURE, made this ______ day of ______________ 2020, between CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, hereinafter called "Grantor" and, ROBERT K. YARBROUGH and MELISSA R. YARBROUGH, hereinafter called "Grantee"; WITNESSETH: That Grantor, for the consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, in hand paid at or before delivery of this document, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, convey, remise, release, and forever QUIT CLAIMS unto said Grantee, all the right, title interest, claim, or demand which the Grantor may have had in and to the following described property: All that tract or parcel of land lying and being in Land Lot 534 of the 2nd District, 2nd Section of Fulton County, Georgia, and being more particularly described on Exhibit “A” attached hereto and made a part hereof by this reference. Grantor specifically reserves for itself a temporary construction easement more particularly described on Exhibit “B” attached hereto and made a part hereof by this reference. TO HAVE AND TO HOLD the said premises to Grantee, so neither Grantor nor any person or persons claiming under Grantor shall at any time, by any means or ways, have, claim or demand any right or title in or to said premises or appurtenances, or any rights thereof. Where the context requires or permits, “Grantor” and “Grantee” shall include their respective heirs, successors, and assigns. IN WITNESS WHEREOF, Grantor has executed this Deed under Seal on the date above written. Signed, sealed, and delivered this ______ day of ______________ 2020, in the presence of: ____________________________ Witness ____________________________ Notary Public My Commission expires: CITY OF MILTON, GEORGIA By: __________________________(SEAL) Joe Lockwood, Mayor STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION BY THE CITY OF MILTON AUTHORIZING DISPOSITION OF FEE SIMPLE TO ABUTTING PROPERTY OWNER PURSUANT TO O.C.G.A. SECTION 36-37-6(g) WHEREAS, the Milton City Charter, 2006 Ga. L. 3554, provides in Section 1.12(b)(22) thereof that the City of Milton (the “City”) may dispose of any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the City; and WHEREAS, the City requires certain right of way and easements collectively designated as “Parcel 7” of the City’s Hopewell Road at Thompson Road roundabout project (the “Project”), which Parcel 7 is owned by Robert K. Yarbrough and Melissa R. Yarbrough (collectively “Owner”); and WHEREAS, as reflected on the purchase agreement attached hereto as Exhibit “A,” Owner has requested that as part of the consideration for Parcel 7, the City convey its interest in a portion of that 0.444 acres of fee simple right of way designated as “Parcel 5R” of the Project and defined more particularly on Exhibit “B” attached hereto; and WHEREAS, O.C.G.A. Section 36-37-6(g) and Section 2-390(e) of the City of Milton Code of Ordinances permit the disposal of small or narrow strips of land, whether owned in fee or used by easement, that are so shaped or so small as to be incapable of being used independently to abutting property owners without first submitting the conveyance to the process of an auction or the solicitation of sealed bids; and WHEREAS, the City has determined that there is no longer a need for Parcel 5R, which consists of a small strip of land of approximately 0.444 acres, more or less, which is incapable of being used independently and which was acquired as an uneconomic remnant to Parcel 5 of the Project; and WHEREAS, Owner is the only property owner abutting Parcel 5R, and Owner, by requesting that the City convey Parcel 5R to Owner, has actual notice of the proposed disposition described herein; and WHEREAS, the City has determined it is in the best public interest to relieve the City from further maintenance obligations with respect to Parcel 5R, and would facilitate enjoyment of the highest and best use of Owner’s property to convey said property to Owner as part of the closing on Parcel 7; provided, however, that to accommodate the Project, the City must reserve 8,611.22 square feet of temporary construction easement over Parcel 5R as reflected on Exhibit “C” as a condition of this disposition. NOW, THEREFORE, BE IT RESOLVED, that the City of Milton does hereby authorize disposition of Parcel 5R to Owner, with a reservation of 8,611.22 square feet of temporary construction easement for the Project, by quitclaim deed in a form substantially similar to the form attached hereto as Exhibit “D.” Be it resolved this ______ day of _______________, 2020. CITY OF MILTON, GEORGIA __________________________________ Joe Lockwood, Mayor Attest: __________________________________ Clerk EXHIBIT “A” Purchase Agreement EXHIBIT “B” Parcel 5R 0.444 acres Survey and Legal Description COUNTY: Fulton County Project Number.: MIL-006 PARCEL NO.: 5R LAST REVISED: August 3, 2020 All that tract or parcel of land lying and being in Land Lot 534 of the 2nd Land District, 2nd Section of Fulton County, Georgia, being more particularly described as follows: PARCEL 5R, REMNANT PARCEL Beginning at a point 28.21 feet left of and opposite station 602+34.22 on the construction centerline of Thompson Rd Centerline on City of Milton project number MIL-006;running thence N 3°00'00.0" E a distance of 140.00 feet to a point 165.81 feet left of and opposite station 603+01.89 on said construction centerline laid out for CL Thompson Rd WEST; thence S 87°55'57.1" E a distance of 158.04 feet to a point 76.64 feet left of and opposite station 604+50.00 on said construction centerline laid out for CL Thompson Rd WEST; thence S 87°55'57.4" E a distance of 96.56 feet to a point 56.23 feet left of and opposite station 605+20.38 on said construction centerline laid out for CL Thompson Rd WEST; thence southwesterly 174.82 feet along the arc of a curve (said curve having a radius of 414.50 feet and a chord distance of 173.53 feet on a bearing of S 59°48'16.6" W) to the point 26.50 feet left of and opposite station 603+76.04 on said construction centerline laid out for CL Thompson Rd WEST; thence southwesterly 114.32 feet along the arc of a curve (said curve having a radius of 173.50 feet and a chord distance of 112.27 feet on a bearing of S 66°35'54.6" W) to the point 26.50 feet left of and opposite station 602+44.26 on said construction centerline laid out for CL Thompson Rd WEST; thence N 81°54'55.7" W a distance of 8.83 feet back to the point of beginning. Containing 0.444 acres more or less. EXHIBIT “C” Temporary Construction Easement over Parcel 5R 8,611.22 Square Feet Survey and Legal Description COUNTY: Fulton County Project Number.: MIL-006 PARCEL NO.: 5R LAST REVISED: August 3, 2020 All that tract or parcel of land lying and being in Land Lot 534 of the 2nd Land District, 2nd Section of Fulton County, Georgia, being more particularly described as follows: TEMPORARY EASEMENT Granted is the right to execute certain construction over and upon my land abutting on and adjacent to the right of way in such manner as said City may deem proper to support or accommodate the improvement of said road, including the right to slope the adjacent ground to tie in with the roadway or sidewalk elevations and to construct any required slopes and fence within the easement area described below and shown on the attached plats. Any slopes or fence constructed will remain in place and the City of Milton will cease to maintain said slopes and fence upon expiration of said easement. Said easement is to become effective at the beginning of construction of the above numbered project and will expire upon completion and final acceptance of said project by the City of Milton. Beginning at a point 28.21 feet left of and opposite station 602+34.22.00 on the construction centerline of Thompson Rd Centerline on City of Milton project number MIL-006; running thence N 3°00'00.0" E a distance of 31.92 feet to a point 60.00 feet left of and opposite station 602+37.92 on said construction centerline laid out for CL Thompson Rd WEST; thence N 74°43'33.1" E a distance of 78.97 feet to a point 55.00 feet left of and opposite station 603+50.00 on said construction centerline laid out for CL Thompson Rd WEST; thence N 47°01'49.2" E a distance of 119.47 feet to a point 76.64 feet left of and opposite station 604+50.00 on said construction centerline laid out for CL Thompson Rd WEST; thence S 87°55'57.4" E a distance of 96.56 feet to a point 56.23 feet left of and opposite station 605+20.38 on said construction centerline laid out for CL Thompson Rd WEST; thence southwesterly 174.82 feet along the arc of a curve (said curve having a radius of 414.50 feet and a chord distance of 173.53 feet on a bearing of S 59°48'16.6" W) to the point 26.50 feet left of and opposite station 603+76.04 on said construction centerline laid out for CL Thompson Rd WEST; thence southwesterly 114.32 feet along the arc of a curve (said curve having a radius of 173.50 feet and a chord distance of 112.27 feet on a bearing of S 66°35'54.6" W) to the point 26.50 feet left of and opposite station 602+44.26 on said construction centerline laid out for CL Thompson Rd WEST; thence N 81°54'55.7" W a distance of 8.83 feet back to the point of beginning. Containing 0.198 acres (8,611.22 square feet) more or less. EXHIBIT “D” Quitclaim Deed Please return to: Sarah VanVolkenburgh Jarrard & Davis, LLP 222 Webb Street Cumming, GA 30040 STATE OF GEORGIA COUNTY OF FULTON QUIT CLAIM DEED THIS INDENTURE, made this ______ day of ______________ 2020, between CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, hereinafter called "Grantor" and, ROBERT K. YARBROUGH and MELISSA R. YARBROUGH, hereinafter called "Grantee"; WITNESSETH: That Grantor, for the consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, in hand paid at or before delivery of this document, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, convey, remise, release, and forever QUIT CLAIMS unto said Grantee, all the right, title interest, claim, or demand which the Grantor may have had in and to the following described property: All that tract or parcel of land lying and being in Land Lot 534 of the 2nd District, 2nd Section of Fulton County, Georgia, and being more particularly described on Exhibit “A” attached hereto and made a part hereof by this reference. Grantor specifically reserves for itself a temporary construction easement more particularly described on Exhibit “B” attached hereto and made a part hereof by this reference. TO HAVE AND TO HOLD the said premises to Grantee, so neither Grantor nor any person or persons claiming under Grantor shall at any time, by any means or ways, have, claim or demand any right or title in or to said premises or appurtenances, or any rights thereof. Where the context requires or permits, “Grantor” and “Grantee” shall include their respective heirs, successors, and assigns. IN WITNESS WHEREOF, Grantor has executed this Deed under Seal on the date above written. Signed, sealed, and delivered this ______ day of ______________ 2020, in the presence of: ____________________________ Witness ____________________________ Notary Public My Commission expires: CITY OF MILTON, GEORGIA By: __________________________(SEAL) Joe Lockwood, Mayor CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 16, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of Plat Name of Development / Location Action Comments / # lots Total Acres Density 1. 2031 Heritage Walk LL1135 Final Plat 3 Townhomes .78 ac 3.8 lots / Acre MEETING DATE: Wednesday, September 21, 2020 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: __________ X 09/21/2020 X X To: Honorable Mayor and City Council Members From: Parag Agrawal, Community Development Director Date: Submitted on September 14, 2020 for the September 21, 2020 Regular Council Meeting Agenda Item: Consideration of Final Plat ____________________________________________________________________________ Department Recommendation: To approve the final plat as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. 1. The Braeburn Townhomes – Phase IV Final Plat described herein consists of a 0.78-acre parcel located at 2031 Heritage Walk for three (3) Townhomes and six (6) future townhomes planned with condominium ownership. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager New Business Agenda Plats Staff Memo Page 2 of 5 Attachment(s): Plat List, Location Map, Plats Name of Development / Location Action Comments / # lots Total Acres Density 1. 2031 Heritage Walk LL1135 Final Plat 3 Townhomes .78 ac 3.8 lots / Acre New Business Agenda Plats Staff Memo Page 3 of 5 New Business Agenda Plats Staff Memo Page 4 of 5 New Business Agenda Plats Staff Memo Page 5 of 5