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HomeMy WebLinkAboutAgenda Packet - CC - 02/17/2021 - Packet 2-Vehicle Maintenance & Repairs Agreements 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. PACKET 2 Vehicle Maintenance and Repairs Agreements Wednesday, February 17, 2021 Regular Council Meeting Agenda 6:00 PM Consent Agenda Items: 5. Approval of a Vehicle Maintenance and Repairs Agreement between the City of Milton and North Fulton Express Oil, LLC, dba Express Oil Change and Tire Engineers. (Agenda Item No. 21-034) (Bernadette Harvill, Finance Director) 6. Approval of a Vehicle Maintenance and Repairs Agreement between the City of Milton and Extra Mile Auto Tire and Service, LLC. (Agenda Item No. 21-035) (Bernadette Harvill, Finance Director)) 7. Approval of a Vehicle Maintenance and Repairs Agreement between the City of Milton and Speed Auto Repair, LLC. (Agenda Item No. 21-036) (Bernadette Harvill, Finance Director) CITY COUNCIL AGENDA ITEM TO: City Council DATE: 02/10/2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Vehicle Maintenance and Repairs Agreement between the City of Milton and North Fulton Express Oil, LLC dba Express Oil Change and Tire Engineers. MEETING DATE: Wednesday, February 17, 2021 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 February 17, 2021 X To: Honorable Mayor and City Council Members From: Rich Austin, Chief of Police Date: Submitted on January 28, 2021 for the February 17, 2021 Regular City Council Meeting Agenda Item: Approval of a Vehicle Maintenance and Repairs Agreement between the City of Milton and North Fulton Express Oil, LLC, dba Express Oil Change and Tire Engineers. _____________________________________________________________________________________ Project Description: Three vendors have been selected for contract award: North Fulton Express Oil, LLC, dba Express Oil Change and Tire Engineers, Extra Mile Auto Tire and Service, LLC, and Speed Auto Repair, LLC. The Contractors will be providing routine maintenance and light repair services to the City’s fleet vehicles. General maintenance and repair services as well as a listing of sample vehicles are specified in the RFP. This contract will be valid for a total of three years from start date. This contract will be rebid every three years to ensure competitive bidding and best value for the City. The City received four proposals in response to the RFP. After evaluating all proposals, the three companies listed above were chosen to be awarded the contract. These companies were chosen due to the pricing from each being competitive. The City decided to select three companies due to its fleet growing each year. Staff is recommending the award of individual contracts with each of the three above named vendors. Procurement Summary: Purchasing method used: RFP Account Number: Vehicle R&M accounts across end user departments Requisition Total: Blanket PO Financial Review: Bernadette Harvill, February 4, 2021 Legal Review: Sam VanVolkenburgh – Jarrard & Davis, January 22, 2021 Concurrent Review: Steven Krokoff, City Manager Attachment(s): Vehicle Maintenance and Repair Agreement Vehicle Maintenance and Repair Agreement | 1 AGREEMENT FOR VEHICLE MAINTENANCE AND REPAIRS THIS AGREEMENT is made and entered into this_____ day of _____________, 20___, 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 North Fulton Express Oil, LLC, a Georgia Limited Liability Company dba Express Oil Change and Tire Engineers, (herein after referred to as the "Contractor"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Contractor to provide certain services generally described as routine maintenance and repairs for City department vehicles (the “Work”); and WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work; 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 Agreement, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit “A” – City Solicitation Documents Exhibit “B” – Contractor Response/Proposal Vehicle Maintenance and Repair Agreement | 2 Exhibit “C” – Scope of Work Exhibit “D” – Contractor Affidavit Exhibit “E” – Subcontractor Affidavit Exhibit “F” – RESERVED B. Project Description. The “Project” at issue in this Agreement is generally described as: Vehicle maintenance and light repair services to City of Milton fleet vehicles. C. The Work. The Work to be completed under this Agreement (the “Work”) includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit “C”, attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit “C”, the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. All services shall be stated on a written service ticket or other form that can be reviewed and approved by the City or its designated employees prior to performance. For services not specifically described and firmly priced in this Agreement, the service ticket shall state the exact nature of the services and the price to be charged, which shall be approved prior to performance. D. Schedule, Completion Date, 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. The term of this Agreement (“Term”) shall be deemed to have commenced as of January 1, 2021 (“Effective Date”) and terminate without further obligation on the part of City on December 31, 2021 (provided that certain obligations will survive the Term). In accordance with O.C.G.A. § 36- 60-13, this Agreement shall automatically renew for two successive annual renewal terms absent City’s provision of written notice of non-renewal to Contractor at least five (5) days prior to first day of the renewal term. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by City. II. WORK CHANGES A. Change Order Defined. A “Change Order” means a written modification of the Agreement, signed by representatives of City and Contractor with appropriate authorization. B. Right to Order Changes. City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Change Orders and executed by Contractor and City. Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by City in its sole discretion, City shall have the right to determine reasonable terms, and Contractor shall proceed with the changed work. Vehicle Maintenance and Repair Agreement | 3 C. Change Order Requirement. Any work added to the scope of this Agreement by a Change Order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly executed on behalf of City and Contractor. D. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Mayor or City Council, any number of Change Orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section III(B) below. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Mayor and City Council. Amendments shall not result in a variance in price exceeding ten percent of the original contract amount. III. COMPENSATION AND METHOD OF PAYMENT A. Payment Terms. City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to 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 shall be submitted on a monthly basis. Any material deviations in tests or inspections performed, or times or locations required to complete such tests or inspections, and like deviations from the Work described in this Agreement shall be clearly communicated to City before charges are incurred and shall be handled through Change Orders as described in Section II above. City shall pay Contractor within thirty (30) days after approval of the invoice by City staff. B. Maximum Contract Price. The total amount paid in each annual term under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $100,000 (the “Maximum Contract Price”), except as outlined in Section II(C) above. The compensation for Work performed shall be based upon the number of vehicles brought in for service, the type of service requested, and the unit price schedule and extra work hourly rates set forth in Exhibit “B”. The City does not guarantee any minimum amount of work under this Agreement, and annual compensation is expected to be less than the Maximum Contract Price. C. Reimbursement for Costs. There shall be no reimbursement for costs except the cost for replacement parts as expressly provided in Exhibit “B” or else as separately agreed to by City in writing. IV. 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 in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. 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 Project, including, but not limited to, any applicable records retention requirements and Georgia's Open Records Act (O.C.G.A. § 50-18-71, et seq.). Anv additional work or costs incurred as a result of error and/or omission by Contractor as a result of not meeting the applicable standard of care or quality will be provided by Contractor at no additional cost to City. This provision shall survive termination of this Agreement. 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 produced under this Agreement. 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, specifications or other work product 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. D. Contractor's Reliance on Subnussions 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. �hf 5 &(6q shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's d signated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. Vehicle Maintenance and Repair Agreement 14 Vehicle Maintenance and Repair Agreement | 5 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 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. Vehicle Maintenance and Repair Agreement | 6 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 and $2,000,000 (two million dollars) aggregate for comprehensive coverage including for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Commercial Automobile Liability (owned, non-owned, hired) coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Garage Liability and/or Garage Keeper Liability of at least $500,000 (five hundred thousand dollars) per automobile per accident limit for claims arising out of garage/mechanic’s services and caused by Contractor’s errors, omissions, or negligent acts. (This insurance is Vehicle Maintenance and Repair Agreement | 7 needed only if Contractor’s other policies do not fully provide such coverage.) (d) Workers’ Compensation limits as required by the State of Georgia and Employers’ Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If 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, Contractor shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Commercial Umbrella Liability Coverage: $ _N/A__ per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers’ Liability, and Garage/Garage Keeper 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 Vehicle Maintenance and Repair Agreement | 8 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. (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. Vehicle Maintenance and Repair Agreement | 9 (iii) 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 IV(G) 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 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) Subcontractors: Contractor shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (8) Claims-Made Policies: Contractor shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (9) 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. Vehicle Maintenance and Repair Agreement | 10 (10) 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. 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. 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. 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 subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “E”, which subcontractor affidavit shall become part of the 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 unauthorized 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. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. �00 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, 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. K. Records, Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement ("Records") shall be established and maintained by 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 Vehicle Maintenance and Repair Agreement 1 11 Vehicle Maintenance and Repair Agreement | 12 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. L. 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 Vehicle Maintenance and Repair Agreement | 13 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. M. 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. N. Key Personnel. RESERVED O. Meetings. Contractor is required to meet with City’s personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to City. Meetings will occur as problems arise and will be coordinated by City. City shall inform Contractor’s Representative of the need for a meeting and of the date, time and location of the meeting at least three (3) full business days prior to the date of the meeting. Face-to-face meetings are desired. However, at 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 this Agreement for cause. P. 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. Q. Ownership of Work. RESERVED R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Contractor agrees that, during performance of this Vehicle Maintenance and Repair Agreement | 14 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. S. Contractors Assisting with Procurement. As required by O.C.G.A. § 36-80-28, if the Agreement requires the Contractor 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 Contractor shall avoid any appearance of impropriety and shall follow all ethics and conflict-of-interest policies and procedures of the City; (b) the Contractor shall immediately disclose to the City any material transaction or relationship, including, but not limited to, that of the Contractor, the Contractor’s employees, or the Contractor’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 Contractor 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. T. Warranty. Work shall be warranted as stated in Exhibit “B.” V. COVENANTS OF CITY A. Right of Entry. RESERVED. B. City’s Representative. Scott Mulvey shall be authorized to act on City’s behalf with respect to the Work as City’s designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section II above. VI. TERMINATION A. For Convenience. City may terminate this Agreement for convenience at any time upon providing written notice thereof at least seven (7) calendar days in advance of the termination date. B. For Cause. Contractor shall have no right to terminate this Agreement prior to completion, 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 Vehicle Maintenance and Repair Agreement | 15 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. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in I(D) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of City. D. Payment Upon Termination. Upon termination, City shall provide for payment to 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 Work, as determined at the time of termination, not otherwise covered by the remaining unpaid Maximum Contract Price. E. Conversion to Termination for Convenience. If City terminates this Agreement for cause and it is later determined that City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section VI(A) above. F. Requirements Upon Termination. Upon termination, 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. G. 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. VII. MISCELLANEOUS A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written Change Order (as provided in Section II above) or other document signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties. C. Governing Law. This Agreement shall be governed by and construed in Vehicle Maintenance and Repair Agreement | 16 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 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: North Fulton Express Oil, LLC Dba Express Oil Change and Tire Engineers Vehicle Maintenance and Repair Agreement | 17 1418 Dresden Dr, Ste 220 Brookhaven, GA 30319 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 and has notified City of any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. Vehicle Maintenance and Repair Agreement | 18 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: North Fulton Express Oil, LLC Dba Express Oil Change and Tire Engineers Signature: / / Print Name: CA KI *5 C� ra `l Title: V P 6t :54o re Dl"C'YDt-T(0✓tS Member/Manager (LLC) [CORPORATE SEAL] (required if corporation) Attest/Witness: Signature: Print Name:eov Title: iYt,,v (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 i. Vehicle Maintenance and Repair Agreement 1 19 Vehicle Maintenance and Repair Agreement | 20 EXHIBIT “A” CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: 21-CM01 (REISSUANCE) RFP Title: City Vehicles Maintenance and Light Repair Services Due Date and Time: December 8, 2020 at 2:00 pm EST **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. Number of Pages: 47 ISSUING DEPARTMENT INFORMATION Issue Date: November 19, 2020 City of Milton 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Website: www.cityofmiltonga.us INSTRUCTIONS TO CONSULTANTS 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: RFP Number: 21-CM01 (REISSUANCE) Name of Company or Firm Special Instructions: Deadline for Written Questions November 30, 2020 by 5:00 PM Submit questions online via the BidNet Direct procurement portal at www.cityofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS OFFEROS MUST COMPLETE THE FOLLOWING Offeror Name/Address: Authorized Offeror Signatory: (Please print name and sign in ink) Offeror Phone Number: Offeror FAX Number: Offeror Federal I.D. Number: Offeror E-mail Address: OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE 2 | RFP 21-CM01 (REISSUANCE) TABLE OF CONTENTS Offeror’s RFP Checklist Disclosure Form Proposal Letter Contractor Affidavit and Agreement (eVerify) Schedule of Events Section 1: Project Overview and Instructions Section 2: RFP Standard Information Section 3: Scope of Services Section 4: Professional Proposals Section 5: Cost Proposal Section 6: Evaluation Criteria Section 7: Standard Contract Information Sample Standard Contract 3 | RFP 21-CM01 (REISSUANCE) OFFEROR’S RFP CHECKLIST The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton 1._______Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2._______Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have. 3._______Attend the pre-qualifications conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. 4._______Take advantage of the “question and answer” period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal “addenda” issued for the RFP. All addenda issued for an RFP are posted on the City’s website at http://www.cityofmiltonga.us will include all questions asked and answered concerning the RFP. 5._______Follow the format required in the RFP when preparing your response. Provide point-by- point responses to all sections in a clear and concise manner. 6._______ Provide complete answers/descriptions. Read and answer all questions and requirements. Don’t assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The submittals are evaluated based solely on the information and materials provided in your response. 7._______Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. 8. _______Check the website for RFP addenda. Before submitting your response, check the City’s website at http://www.cityofmiltonga.us to see whether any addenda were issued for the RFP. If so, you must submit a signed cover sheet for each addendum issued along with your RFP response. 9. _______Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 10. _______Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document and be sure to submit all required items on time. Late submittal responses are never accepted. This checklist is provided for assistance only and should not be submitted with Offeror’s response. 4 | RFP 21-CM01 (REISSUANCE) CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Offeror _____________________________________________________ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) _______________________________________________________________________ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description ________________ ___________________________________________ ________________ ___________________________________________ ________________ ___________________________________________ Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: ________________ ___________________________________________ _________________ ___________________________________________ 5 | RFP 21-CM01 (REISSUANCE) RFP# 21-CM01 (REISSUANCE) PROPOSAL LETTER MUST BE RETURNED WITH PROPOSAL We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (21-CM01, REISSUANCE) City Vehicles Maintenance and Light Repair Services. It is understood and agreed that we have read the City’s specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature______________________________Date_______________________ Print/Type Name______________________________________________________________ Print/Type Company Name Here_______________________________________________ 6 | RFP 21-CM01 (REISSUANCE) CONTRACTOR AFFIDAVIT AND AGREEMENT MUST BE RETURNED WITH PROPOSAL STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization _________________________________ Name of Contractor City Vehicles Maintenance and Light Repair 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: _________________________________ 7 | RFP 21-CM01 (REISSUANCE) SCHEDULE OF EVENTS Task Date Issue RFP November 19, 2020 Deadline for Questions November 30, 2020 by 5:00 p.m. EST Answers Posted by the City (Addendum) On or about, December 2, 2020 Proposals Due By 2:00 p.m. EST on December 8, 2020 Award Contract December 21, 2020 (proposed) NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. 8 | RFP 21-CM01 (REISSUANCE) SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton is requesting sealed proposals from qualified Offerors with demonstrated professional competence and experience to provide for the fleet vehicle maintenance and light repair services as specified in the Scope of Work (Section 3). The awarded contractor(s) must be located within four (4) road miles of Milton City Hall or Milton Police Department and have a location of suitable size and personnel to handle the repair and maintenance of the fleet vehicles without undue delay. City Hall is located at 2006 Heritage Walk, Milton GA 30004. Milton Police Department is located at 13690 Highway 9, Milton GA 30004. The City of Milton may and prefers to award multiple non-exclusive contracts. However, the City reserves the right to award the RFP to one Contractor if needed. The City desires a three (3) year agreement which is renewed annually. A list of existing city vehicles is attached herein as examples only. The number, make/model and composition may change without prior notice. The selection will be based on overall price, services, performance, reliability and location convenience of the offerors. It is the intent to award this RFP to “Full-Service Providers”. The City reserves the right to award a specific service (i.e. Tires) to an offeror if it’s in the best interest of the City. The City’s needs are outlined in the following Request for Proposal (RFP). All offerors must comply with all general and special requirements of the RFP information and instructions enclosed herein. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposals (RFP) is issued until an Offeror is selected, Offerors are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes, Procurement Manager. Any unauthorized contact may disqualify the Offeror from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes, Procurement Manager Address: 2006 Heritage Walk, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@cityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFP. Offerors should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. 9 | RFP 21-CM01 (REISSUANCE) B. Form of Questions. Offerors with questions or requiring clarification or interpretation of any section within this RFP must submit their questions via the solicitation link on BidNet Direct, the procurement portal on the City’s website, on or before 5:00 PM (EST) on November 30, 2020. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. C. City’s Answers. The City will provide an official written answer to all questions on or about December 2, 2020. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City. Any formal written addendum will be posted alongside the posting of the RFP at http://www.cityofmiltonga.us . Offerors must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, Offeror agrees to acceptance of the City’s standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by the date for receipt of written/e-mailed questions or with the Offeror’s RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the Offeror’s ability to respond to the RFP or perform the contract. The City reserves the right to address non-material, minor, insubstantial requests for exceptions with the highest scoring Offeror during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all Professionals submitting a response to this RFP. E. Mandatory Requirements. To be eligible for consideration, an Offeror must meet the intent of all mandatory requirements. The City will determine whether an Offeror’s RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 NON-DISCRIMINATION All qualified applicants will receive consideration without regard to age, handicap, religion, creed or belief, political affiliation, race, color, sex or national origin. 10 | RFP 21-CM01 (REISSUANCE) 1.4 SUBMITTING PROPOSALS Offerors must organize their proposals into sections that follow the following format. A. Submittal Requirements. Proposals shall include the following: 1. City of Milton request for proposal cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. City of Milton Proposal letter (information entered) 4. Technical Proposal: Each Technical Proposal Shall be: 1. No more than ten (10) single sided pages 2. Cover page(s), table of contents, tabs, and required forms do not count toward the page limit a. Minimum of 11-point font Each Technical Proposal Shall Contain: a. Offeror Qualifications – include project staffing, qualifications of the team, and what sets the team apart b. Work Plan – provide an anticipated project schedule, any anticipated challenges, and any innovative approaches 1. Related Projects and References - Describe any similar projects with references and the degree of involvement of the team c. Pricing (See Section 5.0) 5. Applicable Addenda Acknowledgement Forms (if necessary) Offerors must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0. B. Failure to Comply with Instructions. Offerors failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non- responsive, and/or may disqualify from further consideration any qualifications that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Proposals. Proposals must be submitted electronically via Milton’s BidNet procurement portal/platform at www.cityofmiltonga.us . Proposals will be opened at approximately 2:30 p.m. and names of Firms will be announced. **Pending updates relating to COVID-19, the City may conduct the bid opening via a virtual meeting. Responding offerors will be emailed a meeting link should the need to hold this type meeting arise. D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the Offeror’s sole risk to assure proposals are submitted via the BidNet Direct 11 | RFP 21-CM01 (REISSUANCE) procurement portal by the designated time. Late proposals will not be accepted. 1.5 OFFEROR'S CERTIFICATION A. Understanding of Specifications and Requirements By submitting a response to this RFP, Offeror agrees to an understanding of and compliance with the specifications and requirements described in this RFP. B. Offer in Effect for 120 Days A proposal may not be modified, withdrawn or canceled by the offeror for a 120-day period following the deadline for proposal submission as defined in the Schedule of Events, or receipt of best and final offer, if required, and offeror so agrees in submitting the proposal. The City of Milton may, in the event the selected proposer fails to perform and/or the contract is terminated within forty-five days of its initiation, request the proposer submitting the next acceptable proposal to honor its proposal. 1.6 COST OF PREPARING PROPOSALS A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the Offeror. The City is not liable for any expense incurred by the Offeror in the preparation and presentation of their proposals. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and Offeror resulting from this RFP process. SECTION 2: RFP STANDARD INFORMATION 2.1 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 12 | RFP 21-CM01 (REISSUANCE) 2.2 OFFEROR COMPETITION The City encourages free and open competition among Offerors. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City’s need to procure technically sound, cost-effective services and supplies. 2.3 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of qualifications has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the Offeror; and (4) other constitutional protections. B. Procurement Officer Review of Proposals. Upon opening the submittals received in response to this RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the submittal. 2. An affidavit from an Offeror’s legal counsel attesting to and explaining the validity of the trade secret claim is attached to each submittal containing trade secrets. Please contact Honor Motes, Procurement Manager, for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Offerors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a “right to know” (open records) request from another party. 2.4 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Responsive or Nonresponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the qualification is not within the specifications described and required in the RFP. If a qualification is found to be nonresponsive, it will not be considered further. 13 | RFP 21-CM01 (REISSUANCE) B. Determination of Responsibility. The procurement office will determine if an Offeror has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring Offeror or, if necessary, to seek discussion/negotiation in order to determine the highest scoring Offeror. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Proposals. Selection and award will be based on the Offeror’s proposals and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by Offerors outside the formal response or subsequent discussion/negotiation, if requested, will not be considered, will have no bearing on any award, and may result in the Offeror being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more Offerors should clarification or negotiation be necessary. Offerors may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, Offerors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the Offeror’s expense. F. Best and Final Offer. The “Best and Final Offer” is an option available to the City under the RFP process which permits the City to request a “best and final offer” from one or more offerors if additional information is required to make a final decision. Offerors may be contacted asking that they submit their “best and final offer,” which must include any and all discussed and/or negotiated changes. The City reserves the right to request a “best and final offer” for this RFP, if any, based on price/cost alone. 14 | RFP 21-CM01 (REISSUANCE) G. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. H. Request for Documents Notice. Upon concurrence with the evaluation committee’s recommendation for contract award, the procurement officer may issue a “Request for Documents Notice” to the highest scoring Offeror to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the “Request for Documents Notice” does not constitute a contract and no work may begin until a contract signed by all parties is in place. I. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible Offeror whose submittal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring Offeror fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring Offeror. J. Contract Award. Contract award, if any, will be made to the highest scoring Offeror who provides all required documents and successfully completes contract negotiation. 2.5 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: 1. Modify, cancel or terminate this RFP, 2. Reject any or all proposals received in response to this RFP, 3. Select an Offeror without holding interviews, 4. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any submittal, 5. To request further documentation or information, and to discuss a RFP submittal for any purpose in order to answer questions or to provide clarification, 6. Award a portion of this RFP or not award any portion of this RFP if it is in the best interest of the City not to proceed with contract execution; or 7. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 15 | RFP 21-CM01 (REISSUANCE) SECTION 3: SCOPE OF PROJECT 3.0 PROJECT – Vehicles to be serviced (Subject to Change): Year Make Model Police 2007 Ford #7 Crown Victoria - Black 2007 Ford Crown Vic Charcoal 2007 Ford 119 Expedition XLT 4x2 2007 Toyota Tacoma 2010 Ford(CID) Explorer 2012 Ford Explorer 2013 Ford Police Interceptor SUV 2013 Ford Police Interceptor SUV 2013 Ford Police Interceptor SUV 2013 Ford Taurus SD 2013 Chevy (CID) Tahoe 2013 Dodge(CID) Charger 2013 Dodge(CID) Charger 2014 Ford Police Interceptor SUV 2014 Ford Police Interceptor SUV 2014 Ford Police Interceptor SUV 2014 Ford Police Interceptor SUV 2014 Ford Police Interceptor SUV 2015 Ford(Hybrid) Fusion 2015 Dodge(Manager) Durango 2015 Ford(CID) Explorer 2015 Ford Police Interceptor SUV 2015 Ford Police Interceptor SUV 2015 Ford Police Interceptor SUV 2015 Ford Police Interceptor SUV 2015 Ford Police Interceptor SUV 2015 Ford Police Interceptor SUV 2015 Ford Police Interceptor SUV 2015 Ford Police Interceptor SUV 2016 Ford Police Interceptor SUV 2016 Ford Police Interceptor SUV 2016 Ford Police Interceptor SUV 2016 Ford Police Interceptor SUV 2017 Ford(Training) F150 V8 2017 Ford(Chief) Police Interceptor SUV 2017 Ford Police Interceptor SUV 2017 Ford Police Interceptor SUV 16 | RFP 21-CM01 (REISSUANCE) 2017 Ford Police Interceptor SUV 2017 Ford Police Interceptor SUV 2018 Ford Police Interceptor SUV 2019 Ford F150 2019 Ford F150 2019 Ford F150 2019 Ford Police Interceptor SUV 2019 Ford Police Interceptor SUV 2019 Ford Police Interceptor SUV 2020 Ford Police Interceptor SUV 2020 Ford Police Interceptor SUV 2020 Ford Police Interceptor SUV 2020 Ford Police Interceptor SUV 2020 Ford Police Interceptor SUV 2020 Ford Police Interceptor SUV 2004 Dodge Ram Diesel City Administration 2007 Ford Fusion 2010 Ford Explorer 2010 Ford Explorer 2010 Ford F150 2015 Ford Escape 2015 Ford Explorer 2015 Ford F250 2016 Ford F250 Super Duty 2019 Ford F250 2019 Ford F150 2020 Ford F150 Fire Administration 2010 Ford F150 2012 Ford Expedition 2013 Ford Explorer 2013 Ford Explorer 2014 Ford F250 2014 Ford Expedition 2016 Ford Explorer 2016 Ford Explorer 2017 Ford F150 2017 Ford F150 17 | RFP 21-CM01 (REISSUANCE) 3.1 SERVICE REQUIREMENTS – Included but not limited to the following: Regular Oil change Synthetic oil change Synthetic oil change (Over 6QTS) Transmission flushes Coolant Flush Fuel Induction Service Differential Service O2 Sensors Timing Chain Water Pump Fan Belt Tune Up (wires,plugs) Fuel rail Air filter Cabin Air Filter Mass air flow sensor Abs Module Radiator Replacement Tire Pressure Sensors Mount/Balance/Install Tires Alignment 4 Wheel Tire Rotation Front Control Arm Shocks and Struts Battery Replacement Bulbs Headlight Bulbs taillights Bulbs blinkers Windshield wipers Brakes Rotors Brake Fluid Flush Ac Fan motor Ac Flush Alternator Belt Tensioner Coolant Fan 100,000 mile service Emissions Testing Motor Mounts / Transmission Mounts 18 | RFP 21-CM01 (REISSUANCE) 3.3 TIME REQUIREMENTS – below are from arrival to departure (Priority Service):  Oil changes in 25 minutes or less  Tires installed, balanced and aligned in 45 minutes or less  All lights checked on every service call (except light bar/emergency lights) and repaired.  Transmission flush completed in 45 minutes or less  All other services “as soon as possible” SECTION 4: OFFEROR PROPOSALS 4.0 CITY’S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the Offeror to provide the supplies and/or perform the services specified. 4.1 OFFEROR INFORMAL REQUIREMENTS Offerors interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. 19 | RFP 21-CM01 (REISSUANCE) SECTION 5: COST PROPOSAL ~ Return with Proposal in a Separate File (3 pages) ♦ MUST BE RETURNED WITH PROPOSAL IN A SEPARATE FILE ♦ The offeror’s cost proposal shall be signed by an authorized agent of the company. All three (3) pages of the Cost Proposal must be returned with proposal. The undersigned Offeror, having familiarized themselves with the work required by the RFP, the solicitation documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this offer for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by Offeror for the total contract price of: Please complete the “Fixed Cost Per Unit” column below and return with proposal. (See Attached Schedule) 20 | RFP 21-CM01 (REISSUANCE) Servi ce requirements Estimated Yearly Quantity Fixed Cost per unit Total Regular Oil change < 25 minutes 120 Synthetic oil change < 25 minutes 40 Synthetic oil change(Over 6QTS) Transmission flushes 50 Coolant Flush 30 Fuel Induction Service 40 Differential Service(front/rear) O2 Sensors Timing Chain Water Pump (SUV) Fan Belt Tune Up (wires,plugs) 60 Fuel rail 15 Air filter 50 Cabin Air Filter Mass air flow sensor 12 Abs Module 12 Radiator Replacement 14 Tire Pressure Sensors Mount/Balance/Install Tires Alignment 4 Wheel Tire Rotation Front Control Arm 5 Shocks and Struts 10 Battery Replacement 20 Bulbs Headlight 25 Bulbs taillights 50 Bulbs blinkers 50 Windshield wipers 80 Brakes 50 Rotors 10 Brake Fluid Flush (Every 12 months) Ac Fan motor 10 Ac Fl ush 10 Alternator 10 Belt Tensioner Coolant Fan 10 100,000 mile service 35 Emissions Testing Motor Mounts 21 | RFP 21-CM01 (REISSUANCE) In addition to the above services, please provide the rate per hour schedule for services not covered above: • Business hours rate $ ________________ Written in words $_______________________________________________________________ • After hours rate $ _________________ Written in words $ _______________________________________________________________ Please describe your hours of operation and how it meets our priority service requirements: ______________________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _____________________________________________________________________________ Print/Type Company Name Here: ____________________________________________ Authorized Signature________________________________________Date_______________________ Print/Type Name_______________________________________________________________________ Print/Type Title_________________________________________________________________________ Grand Total 22 | RFP 21-CM01 (REISSUANCE) SECTION 6: EVALUATION CRITERIA 6.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the proposals according to the criteria listed below. Proposals not meeting the minimum technical requirements and those who are non-responsive will not be considered. Positive or negative City of Milton experiences are part of the evaluation. Lack of service experience with the City is not a detriment to the evaluation as long as positive references and experiences can be produced. The City reserves the right to test service at any vendor shop for evaluation purposes. Location evaluation is determined by proximity to City Hall and Milton Police Department. The City may request short- listed proposers to meet with the City’s Evaluation Committee for evaluation purposes. Proposal Evaluation Criteria: • Ability, Location, Hours of Operation, References, Service 50% Experience, Performance Liability, and City of Milton Experience (if any) • Price (Section 5.0) 50% 1. Interviews and Product Demonstration If applicable, short-listed Firms will be invited to make a presentation to the City of Milton. At this time, they can provide live demonstrations and discuss the benefits with the City. A question and answer will follow the presentation. 2. Final Ranking Upon completion of the interviews and demonstrations, the evaluation committee will rank the short-listed proposals based on a combination of the evaluation scores. The City has the right to award this contract solely based upon review of the submitted proposals and subsequent negotiations. 23 | RFP 21-CM01 (REISSUANCE) SECTION 7: STANDARD CONTRACT INFORMATION 7.0 STANDARD CONTRACT The City’s standard contract is attached to this document as Appendix A. Offeror should notify the City of any terms within the standard contract that preclude them from responding to the RFP. This notification must be made by the deadline for receipt of written/e-mailed questions or with the Offeror’s RFP response. Any requests for material, substantive, important exceptions to the standard contract will be addressed in any formal written addendum issued by the procurement officer in charge of the solicitation. The City reserves the right to address any non- material, minor, insubstantial exceptions to the standard contract with the highest scoring Offeror at the time of contract negotiation. 7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the Offeror’s RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City’s standard contract, attached as Appendix A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring Offeror. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. 7.2 SUBCONTRACTOR The highest scoring Offeror will be the prime contractor if a contract is awarded and shall be responsible, in total, for all work of any sub-contractors. All sub- contractors, if any, must be listed in the proposals. The City reserves the right to approve all sub-contractors. The Contractor shall be responsible to the City for the acts and omissions of all sub-contractor or agents and of persons directly or indirectly employed by such sub-contractor, and for the acts and omissions of persons employed directly by the Contractor. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any subcontractor and the City. 7.3 GENERAL INSURANCE REQUIREMENTS See sample contract. 7.4 COMPLIANCE WITH WORKERS’ COMPENSATION ACT The Contractor is required to supply the City of Milton with proof of compliance with the Workers’ Compensation Act while performing work for the City. Neither the Contractor nor its employees are employees of the City. The proof of 24 | RFP 21-CM01 (REISSUANCE) insurance/exemption must be received by the City of Milton within ten (10) working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO OFFERORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 7.5 COMPLIANCE WITH LAWS The Contractor must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or sub-contracting by the Contractor subjects sub-contractors to the same provision. The Contractor agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 7.6 CONTRACT TERMINATION See sample contract. ~ SAMPLE CONTRACT INTENTIONALLY OMITTED ~ 1 | Page RFP 2 1 -CM01(R)-Addendum #1 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 21-CM01(R) - reissuance Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: ___________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: __________________________________________________ CITY: _________________ STATE: ____________ ZIP: _____________ PHONE: ______________________ FAX: _________________________ EMAIL ADDRESS: ___________________________________________ ____________________________________ ______________________ Signature Date ADDENDUM #1 2 | Page RFP 2 1 -CM01(R)-Addendum #1 ADDENDUM #1 RFP 21-CM01 (R) - reissuance Questions and Answers This Addendum forms a part of the contract documents and modifies the original RFP documents as noted below: 1. Since this a reissuance of the solicitation, Can the service area be wider than the 4 mile radius?? page 8 section 1.0 of the solicitation reads: The awarded contractor(s) must be located within four (4) road miles of Milton City Hall or Milton Police Department and have a location of suitable size and personnel to handle the repair and maintenance of the fleet vehicles without undue delay. City Hall is located at 2006 Heritage Walk, Milton GA 30004. Milton Police Department is located at 13690 Highway 9, Milton GA 30004. By the solicitations limited area, you are only qualifying 2 possible service locations both specializing in tires not vehicle maintenance. - Due to time constraints, we will have to keep it at the listed distance. We can't go farther due to officers and employees being on duty during repairs. Vehicle Maintenance and Repair Agreement | 21 EXHIBIT “B” irk ESTAttillSI ILD RUG CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: RFP Title: 21-CMOI (REISSUANCE) City Vehicles Maintenance and Light Repair Services Due Date and Time: December 8, 2020 at 2:00 pm EST Offeror Phone Number: "Pending updates relating to COVID-19 the City may Ll x - l - SI6o , ery tot conduct the bid opening via a virtual meeting. Number of Pages: 47 Responding bidders will be emailed a meeting link 58-a3344�{1 should the need to hold this type meeting arise. OFFERORS MUST RETURN THIS COVER SHEET WITH VP RESPONSE ISSUING DEPARTMENT INFORMATION Issue Date: November 19, 2020 City of Milton Phone: 678-242-2500 2006 Heritage Walk Milton, GA 30004 Website: www.cityofmilionga.us INSTRUCTIONS TO CONSULTANTS Electronic Submittal: "Bids must be Mark Face of Envelope/Package: submitted electronically via Milton's RFP Number: 21-CM0I (REISSUANCE) BidNet procurement portal/platform Name of Company or Firm at www.citvofmiltonaa.us Special Instructions: Deadline for Written Questions If you have not registered as a vendor November 30, 2020 by 5:00 PM via BidNet we encourage you to register. There is no cost to join, and you will be notified of any potential Submit questions online via the BidNet bid opportunities with the City of Direct procurement portal at Milton as well as other agencies who www.citvofmiltonga.us are part of the Georgia Purchasing -Group. IMPORTANT: SEE STANDARD TERMS AND CONDITIONS OFFEROS MUST COMPLETE THE FOLLOWING Off ror N e/Address: Nord F�%g £y5�s UrC DBA Authorized Offero Signatory: Oan1gote ev7c / oie Tike ° - u G/ 141kQieflebveo, Please print name and sign in ink Offeror Phone Number: Offeror FAX Number: Ll x - l - SI6o , ery tot Offeror Federal I.D. Number: Offeror E-mail Address: 58-a3344�{1 J� OFFERORS MUST RETURN THIS COVER SHEET WITH VP RESPONSE 2006 Heritage Walk Milton, GA 30004 P: 678.242.25001 F: 678.242.2499 infoCdcityofmiltongo.us I www.cityofmiltonga.us 0000 2 ) RFP 21-CMOI (REISSUANCE) TABLE OF CONTENTS Offeror's RFP Checklist Disclosure Form Proposal Letter Contractor Affidavit and Agreement (eVerify) Schedule of Events Section 1: Project Overview and Instructions Section 2: RFP Standard Information Section 3: Scope of Services Section 4: Professional Proposals Section 5: Cost Proposal Section 6: Evaluation Criteria Section 7: Standard Contract Information Sample Standard Contract 3 ) RFP 21-CMO1 (REISSUANCE) OFFEROR'S RFP CHECKLIST The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton 1. Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2. Note the procurement officers name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have. 3. Attend the pre -qualifications conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. 4. Take advantage of the "question and answer" period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal "addenda" issued for the RFP. All addenda issued for an RFP are posted on the City's website at http://www.citvofmifonoa.us will include all questions asked and answered concerning the RFP. 5. Follow the format required in the RFP when preparing your response. Provide point -by point responses to all sections in a clear and concise manner. 6. Provide complete answers/descriptions. Read and answer all questions and requirements. Don't assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The submittals are evaluated based solely on the information and materials provided in your response. 7. Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. 8. Check the website for RFP addenda. Before submitting your response, check the City's website at htto://www.cityofmifonga.us to see whether any addenda were issued for the RFP. If so, you must submit a signed cover sheet for each addendum issued along with your RFP response. 9. Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 10. Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document and be sure to submit all required items on time. Late submittal responses are never accepted. This checklist is provided for assistance only and should not be submitted with Offeror's response. 4 ) RFP 21-CM01 (REISSUANCE) MIITO: , ESTABLISHED 2006 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Offeror 0 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 HA Y/ 14 Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: /^ /A /YZA 5 ) RFP 21-CM01 (REISSUANCE) _v - FS iAL LI Si I CD 2iFW RFP#21-CM01 (REISSUANCE) PROPOSAL LETTER MUST BE RETURNED WITH PROPOSAL We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (21-CM01, REISSUANCE) City Vehicles Maintenance and Light Repair Services. It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorizec Print/Type Print/Type 1 6 1 RFP 21-Ch".01 (RCI5SUANCE) CONTRACTOR AFFIDAVIT AND AGREEMENT MUST BE RETURNED WITH PROPOSAL STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10.91, slating 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 wort: 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 wEl continue to use the federal wort, 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 dale of authorization are as follows: 7z %%8S eVerify Number ( — 3 — �2'01c( Dail of})iorizc�L1o1W� 4CeC P64 ee FS O,( C6= o .P Tke En�enee a Name of Contraclor City Vehicles Maintenance and Light Repair Services Name of Project City of Milton Georgia Name of Public Employer,,,,,, ... BRITT OTAR31 r O(;BC�G ; Ow ys9Ta9 `,• STATE I hereby declare under penally of perjury that the foregoing Is true and cone I. Fxee,, utedon�.�,20Z in cily), 1914 (stale). Signature of Authorized Officer or Agent Dan/,ycrr be,%Cenov Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE?K D �O/F ,20V Lw1 � .yT NOTARY PUBLIC [NOTARY SEAL] My CoAMIE BRIx1pTON Notal 2UbliC Alabama state At Lar''.- My Commission Expires Nov. 3, 20.' 7 1 RFP 21 -CMO I (REISSUANCE) SCHEDULE OF EVENTS Task Date Issue RFP November 19, 2020 Deadline for Questions November 30, 2020 by 5:00 p.m. EST Answers Posted by the City (Addendum) On or about, December 2, 2020 Proposals Due By 2:00 p.m. EST on December 8, 2020 Award Contract December 21, 2020 (proposed) NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. 8 ( RFP 21-CMO1 (REISSUANCE) SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton is requesting sealed proposals from qualified Offerors with demonstrated professional competence and experience to provide for the fleet vehicle maintenance and light repair services as specified in the Scope of Work (Section 3). The awarded contractorU must be located within four (J road miles of Milton City Hall or Milton Police Department and have a location of suitable size and personnel to handle the repair and maintenance of the fleet vehicles without undue delay. City Hall is located at 2006 Heritage Walk, Milton GA 30004. Milton Police Department is located at 13690 Highway 9, Milton GA 30004. The City of Milton may and prefers to award multiple non-exclusive contracts. However, the City reserves the right to award the RFP to one Contractor if needed. The City desires a three (3) year agreement which is renewed annually. A list of existing city vehicles is attached herein as examples only. The number, make/model and composition may change without prior notice. The selection will be based on overall price, services, performance, reliability and location convenience of the offerors. It is the intent to award this RFP to "Full -Service Providers". The City reserves the right to award a specific service (i.e. Tires) to an offeror if it's in the best interest of the City. The City's needs are outlined in the following Request for Proposal (RFP). All offerors must comply with all general and special requirements of the RFP information and instructions enclosed herein. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposals (RFP) is issued until an Offeror is selected, Offerors are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes, Procurement Manager. Any unauthorized contact may disqualify the Offeror from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes, Procurement Manager Address: 2006 Heritage Walk, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@citvofmiltonao.us 1.2 REQUIRED REVIEW A. Review RFP. Offerors should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. 9 ( RFP 21-CM01 (REISSUANCE) B. Form of Questions. Offerors with questions or requiring clarification or interpretation of any section within this RFP must submit their questions via the solicitation link on BidNet Direct, the procurement portal on the City's website, on or before 5:00 PM (EST) on November 30, 2020. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. C. City's Answers. The City will provide an official written answer to all questions on or about December 2, 2020. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City. Any formal written addendum will be posted alongside the posting of the RFP at hffp://www.cityofmiltonga.us . Offerors must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, Offeror agrees to acceptance of the City's standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by the date for receipt of written/e-mailed questions or with the Offeror's RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the Offeror's ability to respond to the RFP or perform the contract. The City reserves the right to address non -material, minor, insubstantial requests for exceptions with the highest scoring Offeror during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all Professionals submitting a response to this RFP. E. Mandatory Requirements. To be eligible for consideration, an Offeror must meet the intent of all mandatory requirements. The City will determine whether an Offeror's RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 NON-DISCRIMINATION All qualified applicants will receive consideration without regard to age, handicap, religion, creed or belief, political affiliation, race, color, sex or national origin. 10 1 RFP 21-CM01 (REISSUANCE) 1.4 SUBMITTING PROPOSALS Offerors must organize their proposals into sections that follow the following format. A. Submittal Requirements. Proposals shall include the following: 1. City of Milton request for proposal cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. City of Milton Proposal letter (information entered) 4. Technical Proposal: Each Technical Proposal Shall be: 1. No more than ten (10) single sided pages 2. Cover page(s), table of contents, tabs, and required forms do not count toward the page limit a. Minimum of 1 1 -point font Each Technical Proposal Shall Contain: a. Offeror Qualifications — include project staffing, qualifications of the team, and what sets the team apart b. Work Plan — provide an anticipated project schedule, any anticipated challenges, and any innovative approaches 1. Related Projects and References - Describe any similar projects with references and the degree of involvement of the team c. Pricing (See Section 5.0) 5. Applicable Addenda Acknowledgement Forms (if necessary) Offerors must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0. B. Failure to Comply with Instructions. Offerors failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non- responsive, and/or may disqualify from further consideration any qualifications that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Proposals. Proposals must be submitted electronically via Milton's BidNet procurement portal/platform at www.cityofmiltonaa.us . Proposals will be opened at approximately 2:30 p.m. and names of Firms will be announced. "Pending updates relating to COVID-19, the City may conduct the bid opening via a virtual meeting. Responding offerors will be emailed a meeting link should the need to hold this type meeting arise. D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the Offeror's sole risk to assure proposals are submitted via the BidNet Direct 11 1 RFP 21-CMO1 (REISSUANCE) procurement portal by the designated time. Late proposals will not be accepted. 1.5 OFFEROR'S CERTIFICATION A. Understanding of Specifications and Requirements By submitting a response to this RFP, Offeror agrees to an understanding of and compliance with the specifications and requirements described in this RFP. B. Offer in Effect for 120 Days A proposal may not be modified, withdrawn or canceled by the offeror for a 120 -day period following the deadline for proposal submission as defined in the Schedule of Events, or receipt of best and final offer, if required, and offeror so agrees in submitting the proposal. The City of Milton may, in the event the selected proposer fails to perform and/or the contract is terminated within forty-five days of its initiation, request the proposer submitting the next acceptable proposal to honor its proposal. 1.6 COST OF PREPARING PROPOSALS A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the Offeror. The City is not liable for any expense incurred by the Offeror in the preparation and presentation of their proposals. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and Offeror resulting from this RFP process. SECTION 2: RFP STANDARD INFORMATION 2.1 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 12 i RFP 21-CMO1 (REISSUANCE) 2.2 OFFEROR COMPETITION The City encourages free and open competition among Offerors. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City's need to procure technically sound, cost-effective services and supplies. 2.3 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of qualifications has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the Offeror; and (4) other constitutional protections. B. Procurement Officer Review of Proposals. Upon opening the submittals received in response to this RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the submittal. 2. An affidavit from an Offeror's legal counsel attesting to and explaining the validity of the trade secret claim is attached to each submittal containing trade secrets. Please contact Honor Motes, Procurement Manager, for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Offerors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a "right to know" (open records) request from another party. 2.4 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Responsive or Nonresponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the qualification is not within the specifications described and required in the RFP. If a qualification is found to be nonresponsive, it will not be considered further. 13 1 RFP 21-CMO1 (REISSUANCE) B. Determination of Responsibility. The procurement office will determine if an Offeror has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring Offeror or, if necessary, to seek discussion/negotiation in order to determine the highest scoring Offeror. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Proposals. Selection and award will be based on the Offeror's proposals and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by Offerors outside the formal response or subsequent discussion/negotiation, if requested, will not be considered, will have no bearing on any award, and may result in the Offeror being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more Offerors should clarification or negotiation be necessary. Offerors may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, Offerors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the Offeror's expense. F. Best and Final Offer. The "Best and Final Offer" is an option available to the City under the RFP process which permits the City to request a "best and final offer" from one or more offerors if additional information is required to make a final decision. Offerors may be contacted asking that they submit their "best and final offer," which must include any and all discussed and/or negotiated changes. The City reserves the right to request a "best and final offer" for this RFP, if any, based on price/cost alone. 14 1 RFP 21 -CMO I (REISSUANCE) G. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. H. Request for Documents Notice. Upon concurrence with the evaluation committee's recommendation for contract award, the procurement officer may issue a "Request for Documents Notice" to the highest scoring Offeror to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the "Request for Documents Notice" does not constitute a contract and no work may begin until a contract signed by all parties is in place. I. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible Offeror whose submittal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring Offeror fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring Offeror. J. Contract Award. Contract award, if any, will be made to the highest scoring Offeror who provides all required documents and successfully completes contract negotiation. 2.5 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: 1. Modify, cancel or terminate this RFP, 2. Reject any or all proposals received in response to this RFP, 3. Select an Offeror without holding interviews, 4. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any submittal, 5. To request further documentation or information, and to discuss a RFP submittal for any purpose in order to answer questions or to provide clarification, 6. Award a portion of this RFP or not award any portion of this RFP if it is in the best interest of the City not to proceed with contract execution; or 7. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 15 1 RFP 21-CMOI (REISSUANCE) SECTION 3: SCOPE OF PROJECT 3.0 PROJECT — Vehicles to be serviced (Subject to Change): Year Make Model Police 2007 Ford #7 Crown Victoria - Black 2007 Ford Crown Vic Charcoal 2007 Ford 119 Expedition XLT 4x2 2007 Toyota Tacoma 2010 Ford(CID) Explorer 2012 Ford Explorer 2013 Ford Police Interceptor SUV 2013 Ford Police In for SUV 2013 Ford Police Interceptor SUV 2013 Ford Taurus SD 2013 Che CID Tahoe 2013 Dodge(CID) Charger 2013 Dodge(CID) Charger 2014 Ford Police Interceptor SUV 2014 Ford Police Interceptor SUV 2014 Ford Police In for SUV 2014 Ford Police Interceptor SUV 2014 Ford Police Interceptor SUV 2015 Ford(Hybrid) Fusion 2015 Dod er Durango 2015 For CID Explorer 2015 Ford Police In for SUV 2015 Ford Police Interceptor SUV 2015 Ford Police Interceptor SUV 2015 Ford Police Interceptor SUV 2015 Ford Police Interceptor SUV 2015 Ford Police Interceptor SUV 2015 Ford Police Interceptor SUV 2015 Ford Police Interceptor SUV 2016 Ford Police Interceptor SUV 2016 Ford Police Interceptor SUV 2016 Ford Police Interceptor SUV 2016 Ford Police Interceptor SUV 2017 Fotd(Trainin) F150 V8 2017 Ford(Chief) Police Interceptor SUV 2017 Ford Police Intercepwr SUV 2017 Ford Police Interceptor SUV 16 ! RFP 21 -CMO 1 (REISSUANCE) 2017 Ford Police Interceptor SUV 2017 Ford Police Interceptor SUV 2018 Ford Police Interceptor SUV 2019 Ford F150 2015 2019 Ford F150 Ford 2019 Ford F150 F250 2019 Ford PoRce Interceptor SUV 2019 Ford olice Interceptor SUV 2019 Ford olice Interceptor SUV 2020 Ford olice Interceptor SUV 2020 Ford Police Interceptor SUV 2020 Ford olice Interceptor SUV 2020 Ford Police Interceptor SUV 2020 Ford Pohce Interceptor SUV 2020 Ford Police Interceptor SUV 2004 Dodge Ram Diesel City Administration 2007 Ford Fusion 2010 Ford Explorer 2010 Ford Explorer 2010 Ford F150 2015 Ford Escape 2015 Ford Explorer 2015 Ford F250 2016 Ford F250 Super Duty 2019 Ford F250 2019 Ford F150 2020 Ford F150 FireAdministradon 2010 Ford F150 2012 Ford Expedition 2013 Ford Explorer 2013 Ford Explorer 2014 Ford F250 2014 Ford Expedition 2016 Ford Explorer 2016 Ford E loner 2017 Ford F150 2017 Ford F150 17 ( RFP 21-CM01 (REISSUANCE) 3.1 SERVICE REQUIREMENTS - Included but not limited to the following: Regular Oil change Synthetic oil change Synthetic oil change (Over 6QTS) Transmission flushes Coolant Flush Fuel Induction Service Differential Service 02 Sensors Timing Chain Water Pump Fan Belt Tune Up (wires,plugs) Fuel rail Air filter Cabin Air Filter Mass air flow sensor Abs Module Radiator Replacement Tire Pressure Sensors Mount/Balance/Install Tires Alignment 4 Wheel Tire Rotation Front Control Arm Shocks and Struts Battery Replacement Bulbs Headlight Bulbs taillights Bulbs blinkers Windshield wipers Brakes Rotors Brake Fluid Flush Ac Fan motor Ac Flush Alternator Belt Tensioner Coolant Fan 100,000 mile service Emissions Testing Motor Mounts / Transmission Mounts 18 1 RFP 21-CMO1 (REISSUANCE) 3.3 TIME REQUIREMENTS - below are from arrival to departure (Priority Service): ✓ Oil changes in 25 minutes or less ✓ Tires installed, balanced and aligned in 45 minutes or less ✓ All lights checked on every service call (except light bar/emergency lights) and repaired. ✓ Transmission flush completed in 45 minutes or less ✓ All other services "as soon as possible" SECTION 4: OFFEROR PROPOSALS 4.0 CITY'S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the Offeror to provide the supplies and/or perform the services specified. 4.1 OFFEROR INFORMAL REQUIREMENTS Offerors interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. North Fulton Express LLC dba Express Oil Change and Tire Engineers. 830 N.Main street, Alpharetta, Ga, 30004 12470 Crabapple rd., Alpharetta, Ga, 30004 Technical proposal The Table of Contents: 1. Employee qualifications: a. Project staffing b. Qualifications of the team. c. Our strength and what set us apart. 2. Work implementation plan. 3. Recent related projects and references. 1. Employee qualifications a. Staffing. We offer 2 convenient locations within less than a 4-mile radius, located at 830 N. Main street, Alpharetta, Ga and 12470 Crabapple rd, Alpharetta, Ga with 15+ employees between both shops. b. Offeror qualifications. Multiple ASE certified technicians. 1 Master Tech Wayne L Thacker. Over 6 tenured employees (10 plus years with EOC). State of the art Snap-On and Aultel scanners that are updated twice a year with all current EOM specs, sure track, All Data, and Identifix diagnostic aids. Integrated Service Inc Invoicing system updated quarterly with manufacturer TSB's, recalls, and OEM specs for maintenance and also allows for emailed estimates and invoices. Multiple ASE certified technicians. 1 Master Tech Wayne L Thacker. c. Our strength and what set us apart. Award winning GM (Jesse Dudley) with proven record of customer satisfaction with the link to your Store Google page, access to more than 50 parts/tires/oil vendors to provide the customer with the best prices in the shortest time. Please see the link to N.Main Store with the additional link to our incredible 4.8 google customer review. https://www.expressoil.com/stores/alpharetta/ga/1320/?utm_source=google&u tm_medium=organic&utm_campaign=local_website&utm_content=1320 We offer Years of experience and award winning team members. From Senior GM to Senior ASE Master tech. Strong customer service as reviewed by customers on both Google and YELP. City of Milton Police Department and City employees confident and familiar with EOC team that has worked on the last 2 contracts as well as personal vehicles. Multiple vendors including OEM dealership parts delivered daily allowing for same day turn around. Also providing tire installation, repair, and TPMS monitor replacement. 2. Work implementation plan. Anticipated Project Schedule: Open 6 days a week starting at 8 am. 15-minute oil change turn around. 8 lifts between both shops and 9 mechanical bays. 6 maintenance bays and 2 emission stations between North Main and Crabapple. Anticipated challenges: Potential lunch rush between 11-2 Innovative approach: Online booking system that allows for fastest turn around. All team members coached to service City Vehicles asap. 3. Recent related projects and references. Haynes Bridge has proudly serviced City of Alpharetta vehicles for over a decade. Crabapple and North Main teams service our vendor delivery vehicles ie NAPA, Advanced Automotive, and Auto Zone. North Main services Primrose Child care, Lionheart, and Goddard school vehicles. We also provide fleet services not only to dozens of local businesses but also 3 of the largest National fleet accounts. Element, Enterprise, and ARI. 19 1 RFP 21 -CMO I (REISSUANCE) MILTON SECTION 5: COST PROPOSAL - Return with Proposal in a Separate File (3 pages) ♦ MUST BE RETURNED WITH PROPOSAL IN A SEPARATE FILE The offeror's cost proposal shall be signed by an authorized agent of the company. All three (3) pages of the Cost Proposal must be returned with proposal. The undersigned Offeror, having familiarized themselves with the work required by the RFP, the solicitation documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this offer for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by Offeror for the total contract price of: Please complete the "Fixed Cost Per Unit" column below and return with proposal. (See Attached Schedule) 20 1 Service requirements Estimated Yearly Quantity Fixed Cost per unitTotal Regular Oil change <25minutes 1201 iuLl Synthetic oil change <25minutes 401 -it . io NO,L 2-c/Jt7 Svnthetic oil change(Over6QTS) -r I IN, 00 0 Transmission flushes 501 IZo -10 Coolant Flush 301 4 t frI 900 Fuel Induction Service 401 1150 1 J;-70",' Differential Service(front/rear) e ni { jC, -15 02 Sensors o isVia, CI 1 r•I Timing Chain MC, ti i �je .rlr Water Pump (SUV) t! Fan Belt i2o r Tune Up (wires,plugs) 60 xc c Tit cF Ci Fuel rail .,.., Ic. < <,r.. l l[ 15 Air filter 50 ' Lo k ' Cabin Air Filter 3S r Mass air flow sensor Abs Module k(a:7Ur t -)R1 12 D jhlDOD c Radiator Replacement \ l 14 Tire Pressure Sensors Mount/Balance/Install Tires Alignment 4 Wheel Tire Rotation 14 i Front Control Arm \r,_hnr <.rl1-.fi r�, 5 Ak--L Shocks and Struts c .� lc Battery Replacement 20 • ` ( l Bulbs HeadlightMmonths) �t�cler> �C dno n 25 �� -2 S 1E 5C11` Bulbs taillights Bulbs blinkers 50 s0 Windshield wipers 80 tl� L�rtil„ r) it Brakes d1 1 7J r.nd„ �iZ`C t Rotors- .,: � Ti 21 I in addition to the above services, please provide the rate per hour schedule for services not covered above: • Business hours rate $ 91S Written in words .% Al r LF /irh-a— • After hours rate $ AW Written in words $ Please describe your hours of operation and how it meets our priority service requirements: nPC0 M - F "( I nPyI .<;n -F- < "l- Spry-, C�O�oc�J�ch i 00Cj 1�-L-1-1t0 (ARk�PPL- '� �c;cny Nle - CA!�� Mr-,(nl.,,At- 1,N --I LC'r \Z -j �}1-Ai\&6&NUJc, CN2«t�Fls pfly 1 Print/Type Company Name Here: 'k P res D 1 C"�- AuthorizedkA� Signature OWU Date of kl n'/ ype C I M Print/Type \' d� Soo i e, D Jena- ) o vi Tilly 'Tune Lip: Plugs 5424320 (prices vary by quantity and OE Plug required) Wires $854155 (prices vary by quantity and OE Wires required) Coils $764147 (prices vary quantity and OE Coils required) "Labor not included *ABS Module: $223-51000 (prices vary by OE requirements) *Labor not included *Radiator: $250-625 (prices vary by OE requirements) *Labor not included ' Front Control Arm: $2094391 (prices vary by OE requirements) *Labor not included • Shocks and Struts: $70-5209 (prices vary by OE requirements) *Labor not included "Rotors: 5784230 (prices vary by OE requirements) "Labor not included *AC Fan Motor: 578-5230 (prices vary by OE requirements) *Labor not included *Alternator: 536041290 (prices vary by OF. requirements) *I-abor not included *Transmission: $1000 and up (prices vary by OE requirements, new vs used, and warranty) *Labor not included • *Labor guidelines from Mitchell on Demand i Wbu.u? I :I:e:.{o (y AUYi'iFiFiOTiiiE SERVI�.rc EXCELL1=-NCE WAYNE L THACKER `- J1. •...1.. � 1•..0.•. ..... u�rA 1. IYtI 11 all . iw .1,.\1'11 .•LII •..r.nn.LleL1.. ALVAHZEt• LEVEL SPE U15T )nxl l.r.Glatt 101&& rt91.Mu McColl. 11 r1., 1. .. ). ). .. .. .. .. .. .. .. .. .. .. .. .. .. .. Ella 4H La' C•. J. ticNlt. SIP ... LL"w AUTOMOTIVE SERVICE EXCELLENCE = r 1 1 f • •L y,�pg��—�1 WAYNE L THACKER MASTER Aurfin eLILE TECHPICiAN f.i•4 IP IU [ LN. •• ! !."YI•. IHV 'l a.yu •. ..4. •1 .) . VL4 } q •q I Ip la 1 • •n/1 a• .r i •.•.•Iw1/Cw IK (q(•P • 1.111 4 .1 1 . ) J gln.l UYPI Lt'1 a1. is .L . .1 .. .. )1{ LII tLQ..11� 4 0•.Lyl- !1 .u. L1•. «naAl.ra (• 1• .. 4.a./t1 •. a . ). o n .. a .. I. )• r. .. .. .• a .• •. �1Y 1: C:.KA. . •1•YLM0.1r Wbu.u? I :I:e:.{o (y AUYi'iFiFiOTiiiE SERVI�.rc EXCELL1=-NCE WAYNE L THACKER `- J1. •...1.. � 1•..0.•. ..... u�rA 1. IYtI 11 all . iw .1,.\1'11 .•LII •..r.nn.LleL1.. ALVAHZEt• LEVEL SPE U15T )nxl l.r.Glatt 101&& rt91.Mu McColl. 11 r1., 1. .. ). ). .. .. .. .. .. .. .. .. .. .. .. .. .. .. Ella 4H La' C•. J. ticNlt. SIP ... LL"w Vehicle Maintenance and Repair Agreement | 22 EXHIBIT “C” See Exhibits “A” and “B” 28 January 21 Vehicle Maintenance and Repair Agreement | 24 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 North Fulton Express Oil, LLC (name of contractor) on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub- subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub- subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Contractor City Vehicle Maintenance and Light Repairs 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: ________________________________ "N/A" Vehicle Maintenance and Repair Agreement | 25 EXHIBIT “F” RESERVED CITY COUNCIL AGENDA ITEM TO: City Council DATE: 02/10/2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Vehicle Maintenance and Repairs Agreement between the City of Milton and Extra Mile Auto Tire and Service, LLC MEETING DATE: Wednesday, February 17, 2021 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 February 17, 2021 To: Honorable Mayor and City Council Members From: Rich Austin, Chief of Police Date: Submitted on January 28, 2021 for the February 17, 2021 Regular City Council Meeting Agenda Item: Approval of a Vehicle Maintenance and Repairs Agreement between the City of Milton and Extra Mile Auto Tire and Service, LLC. _____________________________________________________________________________________ Project Description: Three vendors have been selected for contract award: North Fulton Express Oil, LLC, dba Express Oil Change and Tire Engineers, Extra Mile Auto Tire and Service, LLC, and Speed Auto Repair, LLC. The Contractors will be providing routine maintenance and light repair services to the City’s fleet vehicles. General maintenance and repair services as well as a listing of sample vehicles are specified in the RFP. This contract will be valid for a total of three years from start date. This contract will be rebid every three years to ensure competitive bidding and best value for the City. The City received four proposals in response to the RFP. After evaluating all proposals, the three companies listed above were chosen to be awarded the contract. These companies were chosen due to the pricing from each being competitive. The City decided to select three companies due to its fleet growing each year. Staff is recommending the award of individual contracts with each of the three above named vendors. Procurement Summary: Purchasing method used: RFP Account Number: Vehicle R&M accounts across end user departments Requisition Total: Blanket PO Financial Review: Bernadette Harvill, February 4, 2021 Legal Review: Sam VanVolkenburgh – Jarrard & Davis, January 22, 2021 Concurrent Review: Steven Krokoff, City Manager Attachment(s): Vehicle Maintenance and Repair Agreement Vehicle Maintenance and Repair Agreement | 1 AGREEMENT FOR VEHICLE MAINTENANCE AND REPAIRS THIS AGREEMENT is made and entered into this_____ day of _____________, 20___, 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 Extra Mile Auto Tire and Service, LLC, a Georgia Limited Liability Company, (herein after referred to as the "Contractor"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Contractor to provide certain services generally described as routine maintenance and repairs for City department vehicles (the “Work”); and WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work; 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 Agreement, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit “A” – City Solicitation Documents Exhibit “B” – Contractor Response/Proposal Vehicle Maintenance and Repair Agreement | 2 Exhibit “C” – Scope of Work Exhibit “D” – Contractor Affidavit Exhibit “E” – Subcontractor Affidavit Exhibit “F” – RESERVED B. Project Description. The “Project” at issue in this Agreement is generally described as: Vehicle maintenance and light repair services to City of Milton fleet vehicles. C. The Work. The Work to be completed under this Agreement (the “Work”) includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit “C”, attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit “C”, the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. All services shall be stated on a written service ticket or other form that can be reviewed and approved by the City or its designated employees prior to performance. For services not specifically described and firmly priced in this Agreement, the service ticket shall state the exact nature of the services and the price to be charged, which shall be approved prior to performance. D. Schedule, Completion Date, 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. The term of this Agreement (“Term”) shall be deemed to have commenced as of January 1, 2021 (“Effective Date”) and terminate without further obligation on the part of City on December 31, 2021 (provided that certain obligations will survive the Term). In accordance with O.C.G.A. § 36- 60-13, this Agreement shall automatically renew for two successive annual renewal terms absent City’s provision of written notice of non-renewal to Contractor at least five (5) days prior to first day of the renewal term. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by City. II. WORK CHANGES A. Change Order Defined. A “Change Order” means a written modification of the Agreement, signed by representatives of City and Contractor with appropriate authorization. B. Right to Order Changes. City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Change Orders and executed by Contractor and City. Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by City in its sole discretion, City shall have the right to determine reasonable terms, and Contractor shall proceed with the changed work. Vehicle Maintenance and Repair Agreement | 3 C. Change Order Requirement. Any work added to the scope of this Agreement by a Change Order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly executed on behalf of City and Contractor. D. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Mayor or City Council, any number of Change Orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section III(B) below. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Mayor and City Council. Amendments shall not result in a variance in price exceeding ten percent of the original contract amount. III. COMPENSATION AND METHOD OF PAYMENT A. Payment Terms. City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to 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 shall be submitted on a monthly basis. Any material deviations in tests or inspections performed, or times or locations required to complete such tests or inspections, and like deviations from the Work described in this Agreement shall be clearly communicated to City before charges are incurred and shall be handled through Change Orders as described in Section II above. City shall pay Contractor within thirty (30) days after approval of the invoice by City staff. B. Maximum Contract Price. The total amount paid in each annual term under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $100,000 (the “Maximum Contract Price”), except as outlined in Section II(C) above. The compensation for Work performed shall be based upon the number of vehicles brought in for service, the type of service requested, and the unit price schedule and extra work hourly rates set forth in Exhibit “B”. The City does not guarantee any minimum amount of work under this Agreement, and annual compensation is expected to be less than the Maximum Contract Price. C. Reimbursement for Costs. There shall be no reimbursement for costs except the cost for replacement parts as expressly provided in Exhibit “B” or else as separately agreed to by City in writing. IV. 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, experienc4, 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. Contractor shall etploy only persons duly qualified in the appropriate area of expertise to perform the Work escribed in this Agreement. Contractorirquired venants and declares that it has obtained all diplomas, certificates, licenses, permits or the like 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 4 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 Project, including, but not limited to, any applicable records retention requirements and Georgia's Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional wok or costs incurred as a result of error and/or omission by Contractor as a result of not meeting the applicable standard of care or quality will be provided by Contractor at no additional cost to City. This provision shall survive termination of this Agreement. B. Budetaly Limitations. Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contract)r shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees t at, in the event it cannot perform the Work within the budgetary limitations established witho► t disregarding sound principles of Contractor's profession and industry, Contractor will giv written notice immediately to City. C. CiW, 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 produced under this Agreement. 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, specifications or ot�er work product by any person, body or agency shall relieve Contractor of the responsibility fpr 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. D. Cori Ftractor's Reliance on Submissions by City. Contractor must have timely information and in ut from City in order to perform the Work required under this Agreement. Contractor is entit d to rely upon information provided by City, but Contractor shall provide immediate writte notice to City if Contractor knows or reasonably should knew that any information provided by City is erroneous, inconsistent, or otherwise problematic. E. Contractor's Representative. shall be authorized to act on Contract 's behalf with respect to the W rk as _ontractor's designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewherE in this Agreement. Vehicle Maintenance and Repair Agreement 14 Vehicle Maintenance and Repair Agreement | 5 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 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. Vehicle Maintenance and Repair Agreement | 6 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 and $2,000,000 (two million dollars) aggregate for comprehensive coverage including for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Commercial Automobile Liability (owned, non-owned, hired) coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Garage Liability and/or Garage Keeper Liability of at least $500,000 (five hundred thousand dollars) per automobile per accident limit for claims arising out of garage/mechanic’s services and caused by Contractor’s errors, omissions, or negligent acts. (This insurance is Vehicle Maintenance and Repair Agreement | 7 needed only if Contractor’s other policies do not fully provide such coverage.) (d) Workers’ Compensation limits as required by the State of Georgia and Employers’ Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If 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, Contractor shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Commercial Umbrella Liability Coverage: $ _N/A__ per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers’ Liability, and Garage/Garage Keeper 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 Vehicle Maintenance and Repair Agreement | 8 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. (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. Vehicle Maintenance and Repair Agreement | 9 (iii) 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 IV(G) 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 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) Subcontractors: Contractor shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (8) Claims-Made Policies: Contractor shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (9) 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. Vehicle Maintenance and Repair Agreement | 10 (10) 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. 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. 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. 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 subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “E”, which subcontractor affidavit shall become part of the 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 Vehicle Maintenance and Repair Agreement | 11 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 unauthorized 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. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, 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. K.Records, Reports and Audits. (1)Records: (a)Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement (“Records”) shall be established and maintained by 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 X Vehicle Maintenance and Repair Agreement | 12 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. L. 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 Vehicle Maintenance and Repair Agreement | 13 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. M. 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. N. Key Personnel. RESERVED O. Meetings. Contractor is required to meet with City’s personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to City. Meetings will occur as problems arise and will be coordinated by City. City shall inform Contractor’s Representative of the need for a meeting and of the date, time and location of the meeting at least three (3) full business days prior to the date of the meeting. Face-to-face meetings are desired. However, at 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 this Agreement for cause. P. 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. Q. Ownership of Work. RESERVED R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Contractor agrees that, during performance of this Vehicle Maintenance and Repair Agreement | 14 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. S. Contractors Assisting with Procurement. As required by O.C.G.A. § 36-80-28, if the Agreement requires the Contractor 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 Contractor shall avoid any appearance of impropriety and shall follow all ethics and conflict-of-interest policies and procedures of the City; (b) the Contractor shall immediately disclose to the City any material transaction or relationship, including, but not limited to, that of the Contractor, the Contractor’s employees, or the Contractor’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 Contractor 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. T. Warranty. Work shall be warranted as stated in Exhibit “B.” V. COVENANTS OF CITY A. Right of Entry. RESERVED. B. City’s Representative. Scott Mulvey shall be authorized to act on City’s behalf with respect to the Work as City’s designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section II above. VI. TERMINATION A. For Convenience. City may terminate this Agreement for convenience at any time upon providing written notice thereof at least seven (7) calendar days in advance of the termination date. B. For Cause. Contractor shall have no right to terminate this Agreement prior to completion, 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 Vehicle Maintenance and Repair Agreement | 15 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. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in I(D) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of City. D. Payment Upon Termination. Upon termination, City shall provide for payment to 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 Work, as determined at the time of termination, not otherwise covered by the remaining unpaid Maximum Contract Price. E. Conversion to Termination for Convenience. If City terminates this Agreement for cause and it is later determined that City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section VI(A) above. F. Requirements Upon Termination. Upon termination, 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. G. 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. VII. MISCELLANEOUS A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written Change Order (as provided in Section II above) or other document signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties. C. Governing Law. This Agreement shall be governed by and construed in Vehicle Maintenance and Repair Agreement | 16 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 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: Extra Mile Auto Tire & Service, LLC 2875 Bethany Bend Vehicle Maintenance and Repair Agreement | 17 Milton, Georgia 30004 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 and has notified City of any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as “all” and “any” and Vehicle Maintenance and Repair Agreement | 18 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: Extra ile uto Tire & Service, LLC Signature: Print Name: �lGi�trAf LLs_L.t� Title: QWA'd- \lember/Manager (LLC) [CORPORATE SEAL] (required if corporation) AttesVV%'itness: Signature: Print Na Title: '�{ra4 J7P� (Assistant) Corporate Secretary (required if corporation) Attest: fit;nature Print Name: 'I itle City ( lerk Approved as to form: � ilk Altnrrn� CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayer )CITY SEAL) Vehicle Maintenance and Repair Agreemurnt I N Vehicle Maintenance and Repair Agreement | 20 EXHIBIT “A” CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: 21-CM01 (REISSUANCE) RFP Title: City Vehicles Maintenance and Light Repair Services Due Date and Time: December 8, 2020 at 2:00 pm EST **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. Number of Pages: 47 ISSUING DEPARTMENT INFORMATION Issue Date: November 19, 2020 City of Milton 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Website: www.cityofmiltonga.us INSTRUCTIONS TO CONSULTANTS 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: RFP Number: 21-CM01 (REISSUANCE) Name of Company or Firm Special Instructions: Deadline for Written Questions November 30, 2020 by 5:00 PM Submit questions online via the BidNet Direct procurement portal at www.cityofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS OFFEROS MUST COMPLETE THE FOLLOWING Offeror Name/Address: Authorized Offeror Signatory: (Please print name and sign in ink) Offeror Phone Number: Offeror FAX Number: Offeror Federal I.D. Number: Offeror E-mail Address: OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE 2 | RFP 21-CM01 (REISSUANCE) TABLE OF CONTENTS Offeror’s RFP Checklist Disclosure Form Proposal Letter Contractor Affidavit and Agreement (eVerify) Schedule of Events Section 1: Project Overview and Instructions Section 2: RFP Standard Information Section 3: Scope of Services Section 4: Professional Proposals Section 5: Cost Proposal Section 6: Evaluation Criteria Section 7: Standard Contract Information Sample Standard Contract 3 | RFP 21-CM01 (REISSUANCE) OFFEROR’S RFP CHECKLIST The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton 1._______Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2._______Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have. 3._______Attend the pre-qualifications conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. 4._______Take advantage of the “question and answer” period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal “addenda” issued for the RFP. All addenda issued for an RFP are posted on the City’s website at http://www.cityofmiltonga.us will include all questions asked and answered concerning the RFP. 5._______Follow the format required in the RFP when preparing your response. Provide point-by- point responses to all sections in a clear and concise manner. 6._______ Provide complete answers/descriptions. Read and answer all questions and requirements. Don’t assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The submittals are evaluated based solely on the information and materials provided in your response. 7._______Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. 8. _______Check the website for RFP addenda. Before submitting your response, check the City’s website at http://www.cityofmiltonga.us to see whether any addenda were issued for the RFP. If so, you must submit a signed cover sheet for each addendum issued along with your RFP response. 9. _______Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 10. _______Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document and be sure to submit all required items on time. Late submittal responses are never accepted. This checklist is provided for assistance only and should not be submitted with Offeror’s response. 4 | RFP 21-CM01 (REISSUANCE) CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Offeror _____________________________________________________ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) _______________________________________________________________________ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description ________________ ___________________________________________ ________________ ___________________________________________ ________________ ___________________________________________ Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: ________________ ___________________________________________ _________________ ___________________________________________ 5 | RFP 21-CM01 (REISSUANCE) RFP# 21-CM01 (REISSUANCE) PROPOSAL LETTER MUST BE RETURNED WITH PROPOSAL We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (21-CM01, REISSUANCE) City Vehicles Maintenance and Light Repair Services. It is understood and agreed that we have read the City’s specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature______________________________Date_______________________ Print/Type Name______________________________________________________________ Print/Type Company Name Here_______________________________________________ 6 | RFP 21-CM01 (REISSUANCE) CONTRACTOR AFFIDAVIT AND AGREEMENT MUST BE RETURNED WITH PROPOSAL STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization _________________________________ Name of Contractor City Vehicles Maintenance and Light Repair 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: _________________________________ 7 | RFP 21-CM01 (REISSUANCE) SCHEDULE OF EVENTS Task Date Issue RFP November 19, 2020 Deadline for Questions November 30, 2020 by 5:00 p.m. EST Answers Posted by the City (Addendum) On or about, December 2, 2020 Proposals Due By 2:00 p.m. EST on December 8, 2020 Award Contract December 21, 2020 (proposed) NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. 8 | RFP 21-CM01 (REISSUANCE) SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton is requesting sealed proposals from qualified Offerors with demonstrated professional competence and experience to provide for the fleet vehicle maintenance and light repair services as specified in the Scope of Work (Section 3). The awarded contractor(s) must be located within four (4) road miles of Milton City Hall or Milton Police Department and have a location of suitable size and personnel to handle the repair and maintenance of the fleet vehicles without undue delay. City Hall is located at 2006 Heritage Walk, Milton GA 30004. Milton Police Department is located at 13690 Highway 9, Milton GA 30004. The City of Milton may and prefers to award multiple non-exclusive contracts. However, the City reserves the right to award the RFP to one Contractor if needed. The City desires a three (3) year agreement which is renewed annually. A list of existing city vehicles is attached herein as examples only. The number, make/model and composition may change without prior notice. The selection will be based on overall price, services, performance, reliability and location convenience of the offerors. It is the intent to award this RFP to “Full-Service Providers”. The City reserves the right to award a specific service (i.e. Tires) to an offeror if it’s in the best interest of the City. The City’s needs are outlined in the following Request for Proposal (RFP). All offerors must comply with all general and special requirements of the RFP information and instructions enclosed herein. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposals (RFP) is issued until an Offeror is selected, Offerors are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes, Procurement Manager. Any unauthorized contact may disqualify the Offeror from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes, Procurement Manager Address: 2006 Heritage Walk, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@cityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFP. Offerors should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. 9 | RFP 21-CM01 (REISSUANCE) B. Form of Questions. Offerors with questions or requiring clarification or interpretation of any section within this RFP must submit their questions via the solicitation link on BidNet Direct, the procurement portal on the City’s website, on or before 5:00 PM (EST) on November 30, 2020. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. C. City’s Answers. The City will provide an official written answer to all questions on or about December 2, 2020. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City. Any formal written addendum will be posted alongside the posting of the RFP at http://www.cityofmiltonga.us . Offerors must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, Offeror agrees to acceptance of the City’s standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by the date for receipt of written/e-mailed questions or with the Offeror’s RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the Offeror’s ability to respond to the RFP or perform the contract. The City reserves the right to address non-material, minor, insubstantial requests for exceptions with the highest scoring Offeror during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all Professionals submitting a response to this RFP. E. Mandatory Requirements. To be eligible for consideration, an Offeror must meet the intent of all mandatory requirements. The City will determine whether an Offeror’s RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 NON-DISCRIMINATION All qualified applicants will receive consideration without regard to age, handicap, religion, creed or belief, political affiliation, race, color, sex or national origin. 10 | RFP 21-CM01 (REISSUANCE) 1.4 SUBMITTING PROPOSALS Offerors must organize their proposals into sections that follow the following format. A. Submittal Requirements. Proposals shall include the following: 1. City of Milton request for proposal cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. City of Milton Proposal letter (information entered) 4. Technical Proposal: Each Technical Proposal Shall be: 1. No more than ten (10) single sided pages 2. Cover page(s), table of contents, tabs, and required forms do not count toward the page limit a. Minimum of 11-point font Each Technical Proposal Shall Contain: a. Offeror Qualifications – include project staffing, qualifications of the team, and what sets the team apart b. Work Plan – provide an anticipated project schedule, any anticipated challenges, and any innovative approaches 1. Related Projects and References - Describe any similar projects with references and the degree of involvement of the team c. Pricing (See Section 5.0) 5. Applicable Addenda Acknowledgement Forms (if necessary) Offerors must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0. B. Failure to Comply with Instructions. Offerors failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non- responsive, and/or may disqualify from further consideration any qualifications that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Proposals. Proposals must be submitted electronically via Milton’s BidNet procurement portal/platform at www.cityofmiltonga.us . Proposals will be opened at approximately 2:30 p.m. and names of Firms will be announced. **Pending updates relating to COVID-19, the City may conduct the bid opening via a virtual meeting. Responding offerors will be emailed a meeting link should the need to hold this type meeting arise. D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the Offeror’s sole risk to assure proposals are submitted via the BidNet Direct 11 | RFP 21-CM01 (REISSUANCE) procurement portal by the designated time. Late proposals will not be accepted. 1.5 OFFEROR'S CERTIFICATION A. Understanding of Specifications and Requirements By submitting a response to this RFP, Offeror agrees to an understanding of and compliance with the specifications and requirements described in this RFP. B. Offer in Effect for 120 Days A proposal may not be modified, withdrawn or canceled by the offeror for a 120-day period following the deadline for proposal submission as defined in the Schedule of Events, or receipt of best and final offer, if required, and offeror so agrees in submitting the proposal. The City of Milton may, in the event the selected proposer fails to perform and/or the contract is terminated within forty-five days of its initiation, request the proposer submitting the next acceptable proposal to honor its proposal. 1.6 COST OF PREPARING PROPOSALS A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the Offeror. The City is not liable for any expense incurred by the Offeror in the preparation and presentation of their proposals. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and Offeror resulting from this RFP process. SECTION 2: RFP STANDARD INFORMATION 2.1 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 12 | RFP 21-CM01 (REISSUANCE) 2.2 OFFEROR COMPETITION The City encourages free and open competition among Offerors. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City’s need to procure technically sound, cost-effective services and supplies. 2.3 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of qualifications has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the Offeror; and (4) other constitutional protections. B. Procurement Officer Review of Proposals. Upon opening the submittals received in response to this RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the submittal. 2. An affidavit from an Offeror’s legal counsel attesting to and explaining the validity of the trade secret claim is attached to each submittal containing trade secrets. Please contact Honor Motes, Procurement Manager, for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Offerors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a “right to know” (open records) request from another party. 2.4 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Responsive or Nonresponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the qualification is not within the specifications described and required in the RFP. If a qualification is found to be nonresponsive, it will not be considered further. 13 | RFP 21-CM01 (REISSUANCE) B. Determination of Responsibility. The procurement office will determine if an Offeror has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring Offeror or, if necessary, to seek discussion/negotiation in order to determine the highest scoring Offeror. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Proposals. Selection and award will be based on the Offeror’s proposals and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by Offerors outside the formal response or subsequent discussion/negotiation, if requested, will not be considered, will have no bearing on any award, and may result in the Offeror being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more Offerors should clarification or negotiation be necessary. Offerors may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, Offerors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the Offeror’s expense. F. Best and Final Offer. The “Best and Final Offer” is an option available to the City under the RFP process which permits the City to request a “best and final offer” from one or more offerors if additional information is required to make a final decision. Offerors may be contacted asking that they submit their “best and final offer,” which must include any and all discussed and/or negotiated changes. The City reserves the right to request a “best and final offer” for this RFP, if any, based on price/cost alone. 14 | RFP 21-CM01 (REISSUANCE) G. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. H. Request for Documents Notice. Upon concurrence with the evaluation committee’s recommendation for contract award, the procurement officer may issue a “Request for Documents Notice” to the highest scoring Offeror to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the “Request for Documents Notice” does not constitute a contract and no work may begin until a contract signed by all parties is in place. I. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible Offeror whose submittal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring Offeror fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring Offeror. J. Contract Award. Contract award, if any, will be made to the highest scoring Offeror who provides all required documents and successfully completes contract negotiation. 2.5 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: 1. Modify, cancel or terminate this RFP, 2. Reject any or all proposals received in response to this RFP, 3. Select an Offeror without holding interviews, 4. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any submittal, 5. To request further documentation or information, and to discuss a RFP submittal for any purpose in order to answer questions or to provide clarification, 6. Award a portion of this RFP or not award any portion of this RFP if it is in the best interest of the City not to proceed with contract execution; or 7. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 15 | RFP 21-CM01 (REISSUANCE) SECTION 3: SCOPE OF PROJECT 3.0 PROJECT – Vehicles to be serviced (Subject to Change): Year Make Model Police 2007 Ford #7 Crown Victoria - Black 2007 Ford Crown Vic Charcoal 2007 Ford 119 Expedition XLT 4x2 2007 Toyota Tacoma 2010 Ford(CID) Explorer 2012 Ford Explorer 2013 Ford Police Interceptor SUV 2013 Ford Police Interceptor SUV 2013 Ford Police Interceptor SUV 2013 Ford Taurus SD 2013 Chevy (CID) Tahoe 2013 Dodge(CID) Charger 2013 Dodge(CID) Charger 2014 Ford Police Interceptor SUV 2014 Ford Police Interceptor SUV 2014 Ford Police Interceptor SUV 2014 Ford Police Interceptor SUV 2014 Ford Police Interceptor SUV 2015 Ford(Hybrid) Fusion 2015 Dodge(Manager) Durango 2015 Ford(CID) Explorer 2015 Ford Police Interceptor SUV 2015 Ford Police Interceptor SUV 2015 Ford Police Interceptor SUV 2015 Ford Police Interceptor SUV 2015 Ford Police Interceptor SUV 2015 Ford Police Interceptor SUV 2015 Ford Police Interceptor SUV 2015 Ford Police Interceptor SUV 2016 Ford Police Interceptor SUV 2016 Ford Police Interceptor SUV 2016 Ford Police Interceptor SUV 2016 Ford Police Interceptor SUV 2017 Ford(Training) F150 V8 2017 Ford(Chief) Police Interceptor SUV 2017 Ford Police Interceptor SUV 2017 Ford Police Interceptor SUV 16 | RFP 21-CM01 (REISSUANCE) 2017 Ford Police Interceptor SUV 2017 Ford Police Interceptor SUV 2018 Ford Police Interceptor SUV 2019 Ford F150 2019 Ford F150 2019 Ford F150 2019 Ford Police Interceptor SUV 2019 Ford Police Interceptor SUV 2019 Ford Police Interceptor SUV 2020 Ford Police Interceptor SUV 2020 Ford Police Interceptor SUV 2020 Ford Police Interceptor SUV 2020 Ford Police Interceptor SUV 2020 Ford Police Interceptor SUV 2020 Ford Police Interceptor SUV 2004 Dodge Ram Diesel City Administration 2007 Ford Fusion 2010 Ford Explorer 2010 Ford Explorer 2010 Ford F150 2015 Ford Escape 2015 Ford Explorer 2015 Ford F250 2016 Ford F250 Super Duty 2019 Ford F250 2019 Ford F150 2020 Ford F150 Fire Administration 2010 Ford F150 2012 Ford Expedition 2013 Ford Explorer 2013 Ford Explorer 2014 Ford F250 2014 Ford Expedition 2016 Ford Explorer 2016 Ford Explorer 2017 Ford F150 2017 Ford F150 17 | RFP 21-CM01 (REISSUANCE) 3.1 SERVICE REQUIREMENTS – Included but not limited to the following: Regular Oil change Synthetic oil change Synthetic oil change (Over 6QTS) Transmission flushes Coolant Flush Fuel Induction Service Differential Service O2 Sensors Timing Chain Water Pump Fan Belt Tune Up (wires,plugs) Fuel rail Air filter Cabin Air Filter Mass air flow sensor Abs Module Radiator Replacement Tire Pressure Sensors Mount/Balance/Install Tires Alignment 4 Wheel Tire Rotation Front Control Arm Shocks and Struts Battery Replacement Bulbs Headlight Bulbs taillights Bulbs blinkers Windshield wipers Brakes Rotors Brake Fluid Flush Ac Fan motor Ac Flush Alternator Belt Tensioner Coolant Fan 100,000 mile service Emissions Testing Motor Mounts / Transmission Mounts 18 | RFP 21-CM01 (REISSUANCE) 3.3 TIME REQUIREMENTS – below are from arrival to departure (Priority Service):  Oil changes in 25 minutes or less  Tires installed, balanced and aligned in 45 minutes or less  All lights checked on every service call (except light bar/emergency lights) and repaired.  Transmission flush completed in 45 minutes or less  All other services “as soon as possible” SECTION 4: OFFEROR PROPOSALS 4.0 CITY’S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the Offeror to provide the supplies and/or perform the services specified. 4.1 OFFEROR INFORMAL REQUIREMENTS Offerors interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. 19 | RFP 21-CM01 (REISSUANCE) SECTION 5: COST PROPOSAL ~ Return with Proposal in a Separate File (3 pages) ♦ MUST BE RETURNED WITH PROPOSAL IN A SEPARATE FILE ♦ The offeror’s cost proposal shall be signed by an authorized agent of the company. All three (3) pages of the Cost Proposal must be returned with proposal. The undersigned Offeror, having familiarized themselves with the work required by the RFP, the solicitation documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this offer for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by Offeror for the total contract price of: Please complete the “Fixed Cost Per Unit” column below and return with proposal. (See Attached Schedule) 20 | RFP 21-CM01 (REISSUANCE) Servi ce requirements Estimated Yearly Quantity Fixed Cost per unit Total Regular Oil change < 25 minutes 120 Synthetic oil change < 25 minutes 40 Synthetic oil change(Over 6QTS) Transmission flushes 50 Coolant Flush 30 Fuel Induction Service 40 Differential Service(front/rear) O2 Sensors Timing Chain Water Pump (SUV) Fan Belt Tune Up (wires,plugs) 60 Fuel rail 15 Air filter 50 Cabin Air Filter Mass air flow sensor 12 Abs Module 12 Radiator Replacement 14 Tire Pressure Sensors Mount/Balance/Install Tires Alignment 4 Wheel Tire Rotation Front Control Arm 5 Shocks and Struts 10 Battery Replacement 20 Bulbs Headlight 25 Bulbs taillights 50 Bulbs blinkers 50 Windshield wipers 80 Brakes 50 Rotors 10 Brake Fluid Flush (Every 12 months) Ac Fan motor 10 Ac Fl ush 10 Alternator 10 Belt Tensioner Coolant Fan 10 100,000 mile service 35 Emissions Testing Motor Mounts 21 | RFP 21-CM01 (REISSUANCE) In addition to the above services, please provide the rate per hour schedule for services not covered above: • Business hours rate $ ________________ Written in words $_______________________________________________________________ • After hours rate $ _________________ Written in words $ _______________________________________________________________ Please describe your hours of operation and how it meets our priority service requirements: ______________________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _____________________________________________________________________________ Print/Type Company Name Here: ____________________________________________ Authorized Signature________________________________________Date_______________________ Print/Type Name_______________________________________________________________________ Print/Type Title_________________________________________________________________________ Grand Total 22 | RFP 21-CM01 (REISSUANCE) SECTION 6: EVALUATION CRITERIA 6.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the proposals according to the criteria listed below. Proposals not meeting the minimum technical requirements and those who are non-responsive will not be considered. Positive or negative City of Milton experiences are part of the evaluation. Lack of service experience with the City is not a detriment to the evaluation as long as positive references and experiences can be produced. The City reserves the right to test service at any vendor shop for evaluation purposes. Location evaluation is determined by proximity to City Hall and Milton Police Department. The City may request short- listed proposers to meet with the City’s Evaluation Committee for evaluation purposes. Proposal Evaluation Criteria: • Ability, Location, Hours of Operation, References, Service 50% Experience, Performance Liability, and City of Milton Experience (if any) • Price (Section 5.0) 50% 1. Interviews and Product Demonstration If applicable, short-listed Firms will be invited to make a presentation to the City of Milton. At this time, they can provide live demonstrations and discuss the benefits with the City. A question and answer will follow the presentation. 2. Final Ranking Upon completion of the interviews and demonstrations, the evaluation committee will rank the short-listed proposals based on a combination of the evaluation scores. The City has the right to award this contract solely based upon review of the submitted proposals and subsequent negotiations. 23 | RFP 21-CM01 (REISSUANCE) SECTION 7: STANDARD CONTRACT INFORMATION 7.0 STANDARD CONTRACT The City’s standard contract is attached to this document as Appendix A. Offeror should notify the City of any terms within the standard contract that preclude them from responding to the RFP. This notification must be made by the deadline for receipt of written/e-mailed questions or with the Offeror’s RFP response. Any requests for material, substantive, important exceptions to the standard contract will be addressed in any formal written addendum issued by the procurement officer in charge of the solicitation. The City reserves the right to address any non- material, minor, insubstantial exceptions to the standard contract with the highest scoring Offeror at the time of contract negotiation. 7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the Offeror’s RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City’s standard contract, attached as Appendix A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring Offeror. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. 7.2 SUBCONTRACTOR The highest scoring Offeror will be the prime contractor if a contract is awarded and shall be responsible, in total, for all work of any sub-contractors. All sub- contractors, if any, must be listed in the proposals. The City reserves the right to approve all sub-contractors. The Contractor shall be responsible to the City for the acts and omissions of all sub-contractor or agents and of persons directly or indirectly employed by such sub-contractor, and for the acts and omissions of persons employed directly by the Contractor. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any subcontractor and the City. 7.3 GENERAL INSURANCE REQUIREMENTS See sample contract. 7.4 COMPLIANCE WITH WORKERS’ COMPENSATION ACT The Contractor is required to supply the City of Milton with proof of compliance with the Workers’ Compensation Act while performing work for the City. Neither the Contractor nor its employees are employees of the City. The proof of 24 | RFP 21-CM01 (REISSUANCE) insurance/exemption must be received by the City of Milton within ten (10) working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO OFFERORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 7.5 COMPLIANCE WITH LAWS The Contractor must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or sub-contracting by the Contractor subjects sub-contractors to the same provision. The Contractor agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 7.6 CONTRACT TERMINATION See sample contract. ~ SAMPLE CONTRACT INTENTIONALLY OMITTED ~ 1 | Page RFP 2 1 -CM01(R)-Addendum #1 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 21-CM01(R) - reissuance Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: ___________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: __________________________________________________ CITY: _________________ STATE: ____________ ZIP: _____________ PHONE: ______________________ FAX: _________________________ EMAIL ADDRESS: ___________________________________________ ____________________________________ ______________________ Signature Date ADDENDUM #1 2 | Page RFP 2 1 -CM01(R)-Addendum #1 ADDENDUM #1 RFP 21-CM01 (R) - reissuance Questions and Answers This Addendum forms a part of the contract documents and modifies the original RFP documents as noted below: 1. Since this a reissuance of the solicitation, Can the service area be wider than the 4 mile radius?? page 8 section 1.0 of the solicitation reads: The awarded contractor(s) must be located within four (4) road miles of Milton City Hall or Milton Police Department and have a location of suitable size and personnel to handle the repair and maintenance of the fleet vehicles without undue delay. City Hall is located at 2006 Heritage Walk, Milton GA 30004. Milton Police Department is located at 13690 Highway 9, Milton GA 30004. By the solicitations limited area, you are only qualifying 2 possible service locations both specializing in tires not vehicle maintenance. - Due to time constraints, we will have to keep it at the listed distance. We can't go farther due to officers and employees being on duty during repairs. Vehicle Maintenance and Repair Agreement | 21 EXHIBIT “B” ESTABLISHED 2006 (ftno"ITY OF MILTON REQUEST FUR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: RFP Title: 21-CM01 (REISSUANCE) City Vehicles Maintenance and Light Repair Services Due Date and Time: December 8, 2020 at 2:00 pm EST OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONS **Pending updates relating to COV/D- 19 the City may conduct the bid opening via a virtual meeting. Responding bidders will be emailed a meeting link p g g Number of Pages: 47 should the need to hold this type meeting arise. ISSUING DEPARTMENT INFORMATION Issue Date: November 19, 2020 City of Milton Phone: 678-242-2500 2006 Heritage Walk Milton, GA 30004 Website: www.cityofmiltonga.us INSTRUCTIONS TO CONSULTANTS Electronic Submittal: **Bids must be Mark Face of Envelope/Package: submitted electronically via Milton's RFP Number: 21-CM01 (REISSUANCE) BidNet procurement portal/platform Name of Company or Firm at www.cityofmiltonga.us Special Instructions: Deadline for Written Questions If you have not registered as a vendor November 30, 2020 b 5:00 PM y You to e via BidNet we encourage g register. There is no cost to join, and you will be notified of any potential Submituestions online via the BidNet q bid opportunities with the City of Direct procurement portal at Milton as well as other agencies who g www.cityofmiltonga.us are part of the Georgia Purchasing Group. IMPORTANT, SEE STANDARD TERMS AND CONDITIONS FE OFFEROS MUST COMPLETE THE FOLLOWING Pf(erorklme Aire ss: -Wit �t. �'ok.�'vrr�.1.►LC. uLA 4 Authorized Offeror Signato (Pleas:. print name and sign in ink) Offeror Phone Number: 7 �� ► C11 feror FAX Num er: -i'efll g4 rot p Ftj 1, all I D. Number: 1 dV 4 :2A0 Offeror -mail A dr ss: . "Alt OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONS 2006 Fieritage Walk Milton, GA 80004 P: 678.242.25001 F: 678.242.2499 into@atyofmiltonga.us I www.cityof -niltonga.us 44401 4 I RFP 21 -CM( ...........I ....... .... 11 (REISSUANCE) 17L �O N't ISI LEll 1006 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with C::ity of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted.. Name of Offeror * -4m& 1 Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar dmount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Valued Description Please list any family member that is currently (or has been employed within the last 12: months) by the City of Milton and your relation: 5 1 REP 2.1 -CM 1 (REISSUANCE) rt 1- L ONIIP ESTA.BLI5HED2W6 RFP# 21-CM01 (REISSUANCE) PROPOSAL LETTER MUST BE RETURNED WITH PROPOSAL We propose to furnish and deliver any and all of the deliverables and services names: in the Request for Proposal (21 -CMO 1, REISSUANCE) City Vehicles Maintenance and Ligl�,t Repair Services It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisi(:)ns of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We furt,ier agree, if awar ed a contract, to deliver goods and services which meet or exceed -rhe specifications. The City reserves the right to reject any or all proposals, wa ve technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can resull in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signatur Date V l.14— IF Print/Type Name '0 ho;q Print/Type Company Name Here 1 6 1 RFP 21-CMOI (REISSUANCE) LTOINI U 2006 CONTRACTOR AFFIDAVIT AND AC°EEMENT MU.eT BE RETURNED WITH PROPOSAL STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the phys cal 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 fedE�ral work authorization program throughout the contract period and the undersigned contractor will contract for the physical perforr-nance 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 wokr!-'- juthorization user identification number and date of authorization are as follows: -1A3X&Vo eVerify Number go 0� 4?0*- '/ ? Date of Authorization .� Ltd. r Name of ContraiCtor City Vehicles Maintenance and Light Repair Services Name of Project City of Milton, G(:-=,, is Name of Public E=mployer I hereby declare under penalty of perjury that the foregoing is true and correc Executed on ��,�, 20� incily), t/i. A(state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Offic::er or Agent SUBSCRIBED AND SWORN BEFORE EON THIS THE .3 0 DAY OF "20-'ILQ dk^ r_, t C" �'� � NOTARY PUBLIC MaraCeko [NOTARY �RY PUBLIC ;Or��� unty, GEORGIA ...- , .� i p Ecpires 3-30-22 My Commission E��r Extra Mile Auto Tire & Service RFP 21-CM01(R) Offeror Qualifications: 10 employee team that are experienced in “pursuit” vehicle repairs and maintenance. Who understands the need for urgency when helping on-duty officers get safely back on the road. We service many large company vehicle fleets and understand the importance of getting these vehicles completed in and completed quickly. Work Plan: To ensure our speed of service, we maintain a full inventory of common products used by city vehicles and keep pursuit tires mounted and ready to install. We keep the pursuit tires purchased by City of Milton at our location for storage and speed. Related Projects: We have serviced the City Of Milton’s fleet of vehicles for many years and because of this experience, we have created many processes that allows us to exceed expectations. I 19 RFP 21-CMDI (REISSUANCE) EsT:A.BLtsrtiD 2006 SECTION 5: C.OST PROPOSAL � Return with Proposal in a Separate File (3 pages) ♦ MUST BE RETURNED WITH PROPOSAL IN A SEPARATE FILE The offeror's cyst proposal shall be signed by an authorized agent of the company. All three (3) pages of the Cost Proposal must be returned with proposal. The undersigned Offeror, having familiarized themselves with the work required by the RFP, the solicitation documents, the site where the work is to be performed, all laws, reg ulatins, and other factors affecting performance of the work, and having satisfied itself /Timself /herself of the expense and difficulties attending performance of the work; 1-11�reby proposes and agrees, if this offer for the above named projE:"ct is accepted to enter into a contract to perform all work necessary to the success>ful completion o-: the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by Off E: ror for the total contract price of: Please complete the "Fixed Cost Per Unit" column below and return with proposgl. (See Attached Schedule) 20 1 RFP 2 -CM01 (REISSUANCE) Ac Flush Service requirements Estimated Yearly Quantity Fixed Cost per unit TotaI Regular change g <25minutes 120 Synthetic oil change < 25 minutes 40 Coolant Fan Synthetic oil change(Over 6QTS) 10 g 100,000 mile service Transmission flushes 35 50 Iwo Coolant Flush 30 0 Fuel Induction Service 40 .rte . Differential Service(front/rear) 02 Sensors .-.. Timing Chain Water Pump (SUV) Fan Belt Tune U (wires,plugs) Up ( ► s) p g 60 7.° . Fuel rail 15 /7 '10 Air filter 50 7 ,,,d Cabin Air Filter V Mass air flow sensor 121 A 07 Abs Module 12 -*7 ,'SSI. L to-- o—Radiator RadiatorReplacemen _ _ 1400 78�" Tire Pressure Sensors l0 - Mount/Balance/Insta I Tires Alignment 4 Wheel 9T Tire Rotation 0CA�� _ Front Control Arm 5 Shocks and Struts 101 wam Battery Replacement 20 ,. Bulbs Headlight 25 ff y , Bulbs taillights 50 Al ?, Bulbs blinkers 50L& L 'V Windshield wipers 80 Brakes50 � __ S -Z -A.600- Rotors 10VV'-*--%e� Brake Fluid Flush (Every 12 months) n n rn n t n r in .9 Ac Flush 10 _ Alternator 101jZ Belt Tensioner J� Coolant Fan 10 g 100,000 mile service 35 Emissions Testing Motor Mounts `�'-� 21 1 RFP 21-CM[I (REISSUANCE) Grand Total In addition to the above services, please provide the rate per hour schedule for services not covered above: �i • Business hours rate $ i 1Written in words $ /V1 �IKIi p� 1Q.s`�S Q.�r dv(' ._ • After hours rate $ Written in words $ Please describE� your hours 41e J'A V ;L f operation and pow it meets our priority service requirements: wpn .1� Print/Type Com a Name Here:/00 p Authorize r / l Signatur�il J�'« _ Date Print/Types Name► Print/Type � Title�ne. ._ Vehicle Maintenance and Repair Agreement | 22 EXHIBIT “C” See Exhibits “A” and “B” STATE OF �J P�✓�� � COUNTY OF CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this afticavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirniatively tl at the individual, firm, or corporation %%hick is engaged in the physical performance of sen ick�s on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal NN,.,rk authorization program commonly known as I:: -Verify, or any subsequent replacement program. in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthenm:ire, 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 4he information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization a as follows: �(J V 07 0Z I Federal Work Authorization User Identification Numb r ' Date of Authorization Extra Mile Auto Tire & Service, LLC Name of Contractor City Vehicle Maintenance and Light Repairs Name of Project 1 City of Milton, Georgia Name of Public Emplbycr i i authorization user identification number and date of I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 20_ in (city), (state). Si Lmajure of Authorized Officer or Agent t0 1 Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ML OTIJIS THE DAY OF 20_J. dAY PUBLIC Mara Ceko [NOTARY SEAL] NOTARY PUBLIC Forsyth County, GEORGIA my Commission Expires 3-30-22 My Commission Expires: -3-30-22_ Vehicle Maintenance and Repair Agreement 123 Vehicle Maintenance and Repair Agreement | 24 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 Extra Mile Auto and Tire Service, LLC (name of contractor) on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Contractor City Vehicle Maintenance and Light Repairs 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: ________________________________ "N/A" Vehicle Maintenance and Repair Agreement | 25 EXHIBIT “F” RESERVED CITY COUNCIL AGENDA ITEM TO: City Council DATE: 02/10/2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Vehicle Maintenance and Repairs Agreement between the City of Milton and Speed Auto Repair, LLC. MEETING DATE: Wednesday, February 17, 2021 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 February 17, 2021 X X To: Honorable Mayor and City Council Members From: Rich Austin, Chief of Police Date: Submitted on January 28, 2021 for the February 17, 2021 Regular City Council Meeting Agenda Item: Approval of a Vehicle Maintenance and Repairs Agreement between the City of Milton and Speed Auto Repair, LLC. _____________________________________________________________________________________ Project Description: Three vendors have been selected for contract award: North Fulton Express Oil, LLC, dba Express Oil Change and Tire Engineers, Extra Mile Auto Tire and Service, LLC, and Speed Auto Repair, LLC. The Contractors will be providing routine maintenance and light repair services to the City’s fleet vehicles. General maintenance and repair services as well as a listing of sample vehicles are specified in the RFP. This contract will be valid for a total of three years from start date. This contract will be rebid every three years to ensure competitive bidding and best value for the City. The City received four proposals in response to the RFP. After evaluating all proposals, the three companies listed above were chosen to be awarded the contract. These companies were chosen due to the pricing from each being competitive. The City decided to select three companies due to its fleet growing each year. Staff is recommending the award of individual contracts with each of the three above named vendors. Procurement Summary: Purchasing method used: RFP Account Number: Vehicle R&M accounts across end user departments Requisition Total: Blanket PO Financial Review: Bernadette Harvill, February 4, 2021 Legal Review: Sam VanVolkenburgh – Jarrard & Davis, January 22, 2021 Concurrent Review: Steven Krokoff, City Manager Attachment(s): Vehicle Maintenance and Repair Agreement Vehicle Maintenance and Repair Agreement | 1 AGREEMENT FOR VEHICLE MAINTENANCE AND REPAIRS THIS AGREEMENT is made and entered into this_____ day of _____________, 20___, 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 Speed Auto Repair, LLC., a Georgia Limited Liability Company, (herein after referred to as the "Contractor"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Contractor to provide certain services generally described as routine maintenance and repairs for City department vehicles (the “Work”); and WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work; 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 Agreement, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit “A” – City Solicitation Documents Exhibit “B” – Contractor Response/Proposal Exhibit “C” – Scope of Work Vehicle Maintenance and Repair Agreement | 2 Exhibit “D” – Contractor Affidavit Exhibit “E” – Subcontractor Affidavit Exhibit “F” – RESERVED B. Project Description. The “Project” at issue in this Agreement is generally described as: Vehicle maintenance and light repair services to City of Milton fleet vehicles. C. The Work. The Work to be completed under this Agreement (the “Work”) includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit “C”, attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit “C”, the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. All services shall be stated on a written service ticket or other form that can be reviewed and approved by the City or its designated employees prior to performance. For services not specifically described and firmly priced in this Agreement, the service ticket shall state the exact nature of the services and the price to be charged, which shall be approved prior to performance. D. Schedule, Completion Date, 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. The term of this Agreement (“Term”) shall commence as of the date of complete execution of this Agreement (as shown on page one above) (“Effective Date”) and terminate without further obligation on the part of City on December 31, 2021 (provided that certain obligations will survive the Term). In accordance with O.C.G.A. § 36-60-13, this Agreement shall automatically renew for two successive annual renewal terms absent City’s provision of written notice of non-renewal to Contractor at least five (5) days prior to first day of the renewal term. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by City. II. WORK CHANGES A. Change Order Defined. A “Change Order” means a written modification of the Agreement, signed by representatives of City and Contractor with appropriate authorization. B. Right to Order Changes. City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Change Orders and executed by Contractor and City. Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by City in its sole discretion, City shall have the right to determine reasonable terms, and Contractor shall proceed with the changed work. Vehicle Maintenance and Repair Agreement | 3 C. Change Order Requirement. Any work added to the scope of this Agreement by a Change Order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly executed on behalf of City and Contractor. D. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Mayor or City Council, any number of Change Orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section III(B) below. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Mayor and City Council. Amendments shall not result in a variance in price exceeding ten percent of the original contract amount. III. COMPENSATION AND METHOD OF PAYMENT A. Payment Terms. City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to 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 shall be submitted on a monthly basis. Any material deviations in tests or inspections performed, or times or locations required to complete such tests or inspections, and like deviations from the Work described in this Agreement shall be clearly communicated to City before charges are incurred and shall be handled through Change Orders as described in Section II above. City shall pay Contractor within thirty (30) days after approval of the invoice by City staff. B. Maximum Contract Price. The total amount paid in each annual term under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $100,000 (the “Maximum Contract Price”), except as outlined in Section II(C) above. The compensation for Work performed shall be based upon the number of vehicles brought in for service, the type of service requested, and the unit price schedule and extra work hourly rates set forth in Exhibit “B”. The City does not guarantee any minimum amount of work under this Agreement, and annual compensation is expected to be less than the Maximum Contract Price. C. Reimbursement for Costs. There shall be no reimbursement for costs except the cost for replacement parts as expressly provided in Exhibit “B” or else as separately agreed to by City in writing. IV. 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 Vehicle Maintenance and Repair Agreement | 4 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. 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 Project, including, but not limited to, any applicable records retention requirements and Georgia’s Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional work or costs incurred as a result of error and/or omission by Contractor as a result of not meeting the applicable standard of care or quality will be provided by Contractor at no additional cost to City. This provision shall survive termination of this Agreement. 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 produced under this Agreement. 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, specifications or other work product 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. 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. Vehicle Maintenance and Repair Agreement | 5 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 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. Vehicle Maintenance and Repair Agreement | 6 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 and $2,000,000 (two million dollars) aggregate for comprehensive coverage including for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Commercial Automobile Liability (owned, non-owned, hired) coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Garage Liability and/or Garage Keeper Liability of at least $500,000 (five hundred thousand dollars) per automobile per accident limit for claims arising out of garage/mechanic’s services and caused by Contractor’s errors, omissions, or negligent acts. (This insurance is Vehicle Maintenance and Repair Agreement | 7 needed only if Contractor’s other policies do not fully provide such coverage.) (d) Workers’ Compensation limits as required by the State of Georgia and Employers’ Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If 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, Contractor shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Commercial Umbrella Liability Coverage: $ _N/A__ per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers’ Liability, and Garage/Garage Keeper 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 Vehicle Maintenance and Repair Agreement | 8 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. (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. Vehicle Maintenance and Repair Agreement | 9 (iii) 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 IV(G) 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 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) Subcontractors: Contractor shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (8) Claims-Made Policies: Contractor shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (9) 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. Vehicle Maintenance and Repair Agreement | 10 (10) 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. 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. 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. 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 subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “E”, which subcontractor affidavit shall become part of the 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 "X" Vehicle Maintenance and Repair Agreement | 12 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. L. 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 Vehicle Maintenance and Repair Agreement | 13 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. M. 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. N. Key Personnel. RESERVED O. Meetings. Contractor is required to meet with City’s personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to City. Meetings will occur as problems arise and will be coordinated by City. City shall inform Contractor’s Representative of the need for a meeting and of the date, time and location of the meeting at least three (3) full business days prior to the date of the meeting. Face-to-face meetings are desired. However, at 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 this Agreement for cause. P. 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. Q. Ownership of Work. RESERVED R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Contractor agrees that, during performance of this Vehicle Maintenance and Repair Agreement | 14 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. S. Contractors Assisting with Procurement. As required by O.C.G.A. § 36-80-28, if the Agreement requires the Contractor 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 Contractor shall avoid any appearance of impropriety and shall follow all ethics and conflict-of-interest policies and procedures of the City; (b) the Contractor shall immediately disclose to the City any material transaction or relationship, including, but not limited to, that of the Contractor, the Contractor’s employees, or the Contractor’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 Contractor 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. T. Warranty. Work shall be warranted as stated in Exhibit “B.” V. COVENANTS OF CITY A. Right of Entry. RESERVED. B. City’s Representative. Scott Mulvey shall be authorized to act on City’s behalf with respect to the Work as City’s designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section II above. VI. TERMINATION A. For Convenience. City may terminate this Agreement for convenience at any time upon providing written notice thereof at least seven (7) calendar days in advance of the termination date. B. For Cause. Contractor shall have no right to terminate this Agreement prior to completion, 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 Vehicle Maintenance and Repair Agreement | 15 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. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in I(D) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of City. D. Payment Upon Termination. Upon termination, City shall provide for payment to 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 Work, as determined at the time of termination, not otherwise covered by the remaining unpaid Maximum Contract Price. E. Conversion to Termination for Convenience. If City terminates this Agreement for cause and it is later determined that City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section VI(A) above. F. Requirements Upon Termination. Upon termination, 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. G. 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. VII. MISCELLANEOUS A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written Change Order (as provided in Section II above) or other document signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties. C. Governing Law. This Agreement shall be governed by and construed in Vehicle Maintenance and Repair Agreement | 16 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 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: Speed Auto Repair, LLC 11345 Alpharetta Hwy Vehicle Maintenance and Repair Agreement | 17 Roswell, GA 30076 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 and has notified City of any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one Vehicle Maintenance and Repair Agreement | 18 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 Speed Auto Repair, LLC §/�V� Signature: � Print Name: )q jy )Y wtj Title: n VU Y1 e r Member/Manager (LLC) [CORPORATE SEAL] (required if corporation) Attest/Witness: Signature: Print Name: L' Title: (Assistant) Corporate Secretary (required if corporation) Attest: Signature: Print Name: _ Title: City Clerk Approved as to form: City Attorney CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] Vehicle Maintenance and Repair Agreement 1 19 Vehicle Maintenance and Repair Agreement | 20 EXHIBIT “A” CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: 21-CM01 (REISSUANCE) RFP Title: City Vehicles Maintenance and Light Repair Services Due Date and Time: December 8, 2020 at 2:00 pm EST **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. Number of Pages: 47 ISSUING DEPARTMENT INFORMATION Issue Date: November 19, 2020 City of Milton 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Website: www.cityofmiltonga.us INSTRUCTIONS TO CONSULTANTS 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: RFP Number: 21-CM01 (REISSUANCE) Name of Company or Firm Special Instructions: Deadline for Written Questions November 30, 2020 by 5:00 PM Submit questions online via the BidNet Direct procurement portal at www.cityofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS OFFEROS MUST COMPLETE THE FOLLOWING Offeror Name/Address: Authorized Offeror Signatory: (Please print name and sign in ink) Offeror Phone Number: Offeror FAX Number: Offeror Federal I.D. Number: Offeror E-mail Address: OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE 2 | RFP 21-CM01 (REISSUANCE) TABLE OF CONTENTS Offeror’s RFP Checklist Disclosure Form Proposal Letter Contractor Affidavit and Agreement (eVerify) Schedule of Events Section 1: Project Overview and Instructions Section 2: RFP Standard Information Section 3: Scope of Services Section 4: Professional Proposals Section 5: Cost Proposal Section 6: Evaluation Criteria Section 7: Standard Contract Information Sample Standard Contract 3 | RFP 21-CM01 (REISSUANCE) OFFEROR’S RFP CHECKLIST The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton 1._______Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2._______Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have. 3._______Attend the pre-qualifications conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. 4._______Take advantage of the “question and answer” period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal “addenda” issued for the RFP. All addenda issued for an RFP are posted on the City’s website at http://www.cityofmiltonga.us will include all questions asked and answered concerning the RFP. 5._______Follow the format required in the RFP when preparing your response. Provide point-by- point responses to all sections in a clear and concise manner. 6._______ Provide complete answers/descriptions. Read and answer all questions and requirements. Don’t assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The submittals are evaluated based solely on the information and materials provided in your response. 7._______Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. 8. _______Check the website for RFP addenda. Before submitting your response, check the City’s website at http://www.cityofmiltonga.us to see whether any addenda were issued for the RFP. If so, you must submit a signed cover sheet for each addendum issued along with your RFP response. 9. _______Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 10. _______Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document and be sure to submit all required items on time. Late submittal responses are never accepted. This checklist is provided for assistance only and should not be submitted with Offeror’s response. 4 | RFP 21-CM01 (REISSUANCE) CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Offeror _____________________________________________________ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) _______________________________________________________________________ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description ________________ ___________________________________________ ________________ ___________________________________________ ________________ ___________________________________________ Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: ________________ ___________________________________________ _________________ ___________________________________________ 5 | RFP 21-CM01 (REISSUANCE) RFP# 21-CM01 (REISSUANCE) PROPOSAL LETTER MUST BE RETURNED WITH PROPOSAL We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (21-CM01, REISSUANCE) City Vehicles Maintenance and Light Repair Services. It is understood and agreed that we have read the City’s specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature______________________________Date_______________________ Print/Type Name______________________________________________________________ Print/Type Company Name Here_______________________________________________ 6 | RFP 21-CM01 (REISSUANCE) CONTRACTOR AFFIDAVIT AND AGREEMENT MUST BE RETURNED WITH PROPOSAL STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization _________________________________ Name of Contractor City Vehicles Maintenance and Light Repair 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: _________________________________ 7 | RFP 21-CM01 (REISSUANCE) SCHEDULE OF EVENTS Task Date Issue RFP November 19, 2020 Deadline for Questions November 30, 2020 by 5:00 p.m. EST Answers Posted by the City (Addendum) On or about, December 2, 2020 Proposals Due By 2:00 p.m. EST on December 8, 2020 Award Contract December 21, 2020 (proposed) NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. 8 | RFP 21-CM01 (REISSUANCE) SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton is requesting sealed proposals from qualified Offerors with demonstrated professional competence and experience to provide for the fleet vehicle maintenance and light repair services as specified in the Scope of Work (Section 3). The awarded contractor(s) must be located within four (4) road miles of Milton City Hall or Milton Police Department and have a location of suitable size and personnel to handle the repair and maintenance of the fleet vehicles without undue delay. City Hall is located at 2006 Heritage Walk, Milton GA 30004. Milton Police Department is located at 13690 Highway 9, Milton GA 30004. The City of Milton may and prefers to award multiple non-exclusive contracts. However, the City reserves the right to award the RFP to one Contractor if needed. The City desires a three (3) year agreement which is renewed annually. A list of existing city vehicles is attached herein as examples only. The number, make/model and composition may change without prior notice. The selection will be based on overall price, services, performance, reliability and location convenience of the offerors. It is the intent to award this RFP to “Full-Service Providers”. The City reserves the right to award a specific service (i.e. Tires) to an offeror if it’s in the best interest of the City. The City’s needs are outlined in the following Request for Proposal (RFP). All offerors must comply with all general and special requirements of the RFP information and instructions enclosed herein. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposals (RFP) is issued until an Offeror is selected, Offerors are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes, Procurement Manager. Any unauthorized contact may disqualify the Offeror from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes, Procurement Manager Address: 2006 Heritage Walk, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@cityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFP. Offerors should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. 9 | RFP 21-CM01 (REISSUANCE) B. Form of Questions. Offerors with questions or requiring clarification or interpretation of any section within this RFP must submit their questions via the solicitation link on BidNet Direct, the procurement portal on the City’s website, on or before 5:00 PM (EST) on November 30, 2020. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. C. City’s Answers. The City will provide an official written answer to all questions on or about December 2, 2020. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City. Any formal written addendum will be posted alongside the posting of the RFP at http://www.cityofmiltonga.us . Offerors must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, Offeror agrees to acceptance of the City’s standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by the date for receipt of written/e-mailed questions or with the Offeror’s RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the Offeror’s ability to respond to the RFP or perform the contract. The City reserves the right to address non-material, minor, insubstantial requests for exceptions with the highest scoring Offeror during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all Professionals submitting a response to this RFP. E. Mandatory Requirements. To be eligible for consideration, an Offeror must meet the intent of all mandatory requirements. The City will determine whether an Offeror’s RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 NON-DISCRIMINATION All qualified applicants will receive consideration without regard to age, handicap, religion, creed or belief, political affiliation, race, color, sex or national origin. 10 | RFP 21-CM01 (REISSUANCE) 1.4 SUBMITTING PROPOSALS Offerors must organize their proposals into sections that follow the following format. A. Submittal Requirements. Proposals shall include the following: 1. City of Milton request for proposal cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. City of Milton Proposal letter (information entered) 4. Technical Proposal: Each Technical Proposal Shall be: 1. No more than ten (10) single sided pages 2. Cover page(s), table of contents, tabs, and required forms do not count toward the page limit a. Minimum of 11-point font Each Technical Proposal Shall Contain: a. Offeror Qualifications – include project staffing, qualifications of the team, and what sets the team apart b. Work Plan – provide an anticipated project schedule, any anticipated challenges, and any innovative approaches 1. Related Projects and References - Describe any similar projects with references and the degree of involvement of the team c. Pricing (See Section 5.0) 5. Applicable Addenda Acknowledgement Forms (if necessary) Offerors must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0. B. Failure to Comply with Instructions. Offerors failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non- responsive, and/or may disqualify from further consideration any qualifications that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Proposals. Proposals must be submitted electronically via Milton’s BidNet procurement portal/platform at www.cityofmiltonga.us . Proposals will be opened at approximately 2:30 p.m. and names of Firms will be announced. **Pending updates relating to COVID-19, the City may conduct the bid opening via a virtual meeting. Responding offerors will be emailed a meeting link should the need to hold this type meeting arise. D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the Offeror’s sole risk to assure proposals are submitted via the BidNet Direct 11 | RFP 21-CM01 (REISSUANCE) procurement portal by the designated time. Late proposals will not be accepted. 1.5 OFFEROR'S CERTIFICATION A. Understanding of Specifications and Requirements By submitting a response to this RFP, Offeror agrees to an understanding of and compliance with the specifications and requirements described in this RFP. B. Offer in Effect for 120 Days A proposal may not be modified, withdrawn or canceled by the offeror for a 120-day period following the deadline for proposal submission as defined in the Schedule of Events, or receipt of best and final offer, if required, and offeror so agrees in submitting the proposal. The City of Milton may, in the event the selected proposer fails to perform and/or the contract is terminated within forty-five days of its initiation, request the proposer submitting the next acceptable proposal to honor its proposal. 1.6 COST OF PREPARING PROPOSALS A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the Offeror. The City is not liable for any expense incurred by the Offeror in the preparation and presentation of their proposals. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and Offeror resulting from this RFP process. SECTION 2: RFP STANDARD INFORMATION 2.1 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 12 | RFP 21-CM01 (REISSUANCE) 2.2 OFFEROR COMPETITION The City encourages free and open competition among Offerors. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City’s need to procure technically sound, cost-effective services and supplies. 2.3 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of qualifications has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the Offeror; and (4) other constitutional protections. B. Procurement Officer Review of Proposals. Upon opening the submittals received in response to this RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the submittal. 2. An affidavit from an Offeror’s legal counsel attesting to and explaining the validity of the trade secret claim is attached to each submittal containing trade secrets. Please contact Honor Motes, Procurement Manager, for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Offerors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a “right to know” (open records) request from another party. 2.4 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Responsive or Nonresponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the qualification is not within the specifications described and required in the RFP. If a qualification is found to be nonresponsive, it will not be considered further. 13 | RFP 21-CM01 (REISSUANCE) B. Determination of Responsibility. The procurement office will determine if an Offeror has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring Offeror or, if necessary, to seek discussion/negotiation in order to determine the highest scoring Offeror. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Proposals. Selection and award will be based on the Offeror’s proposals and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by Offerors outside the formal response or subsequent discussion/negotiation, if requested, will not be considered, will have no bearing on any award, and may result in the Offeror being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more Offerors should clarification or negotiation be necessary. Offerors may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, Offerors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the Offeror’s expense. F. Best and Final Offer. The “Best and Final Offer” is an option available to the City under the RFP process which permits the City to request a “best and final offer” from one or more offerors if additional information is required to make a final decision. Offerors may be contacted asking that they submit their “best and final offer,” which must include any and all discussed and/or negotiated changes. The City reserves the right to request a “best and final offer” for this RFP, if any, based on price/cost alone. 14 | RFP 21-CM01 (REISSUANCE) G. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. H. Request for Documents Notice. Upon concurrence with the evaluation committee’s recommendation for contract award, the procurement officer may issue a “Request for Documents Notice” to the highest scoring Offeror to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the “Request for Documents Notice” does not constitute a contract and no work may begin until a contract signed by all parties is in place. I. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible Offeror whose submittal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring Offeror fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring Offeror. J. Contract Award. Contract award, if any, will be made to the highest scoring Offeror who provides all required documents and successfully completes contract negotiation. 2.5 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: 1. Modify, cancel or terminate this RFP, 2. Reject any or all proposals received in response to this RFP, 3. Select an Offeror without holding interviews, 4. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any submittal, 5. To request further documentation or information, and to discuss a RFP submittal for any purpose in order to answer questions or to provide clarification, 6. Award a portion of this RFP or not award any portion of this RFP if it is in the best interest of the City not to proceed with contract execution; or 7. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 15 | RFP 21-CM01 (REISSUANCE) SECTION 3: SCOPE OF PROJECT 3.0 PROJECT – Vehicles to be serviced (Subject to Change): Year Make Model Police 2007 Ford #7 Crown Victoria - Black 2007 Ford Crown Vic Charcoal 2007 Ford 119 Expedition XLT 4x2 2007 Toyota Tacoma 2010 Ford(CID) Explorer 2012 Ford Explorer 2013 Ford Police Interceptor SUV 2013 Ford Police Interceptor SUV 2013 Ford Police Interceptor SUV 2013 Ford Taurus SD 2013 Chevy (CID) Tahoe 2013 Dodge(CID) Charger 2013 Dodge(CID) Charger 2014 Ford Police Interceptor SUV 2014 Ford Police Interceptor SUV 2014 Ford Police Interceptor SUV 2014 Ford Police Interceptor SUV 2014 Ford Police Interceptor SUV 2015 Ford(Hybrid) Fusion 2015 Dodge(Manager) Durango 2015 Ford(CID) Explorer 2015 Ford Police Interceptor SUV 2015 Ford Police Interceptor SUV 2015 Ford Police Interceptor SUV 2015 Ford Police Interceptor SUV 2015 Ford Police Interceptor SUV 2015 Ford Police Interceptor SUV 2015 Ford Police Interceptor SUV 2015 Ford Police Interceptor SUV 2016 Ford Police Interceptor SUV 2016 Ford Police Interceptor SUV 2016 Ford Police Interceptor SUV 2016 Ford Police Interceptor SUV 2017 Ford(Training) F150 V8 2017 Ford(Chief) Police Interceptor SUV 2017 Ford Police Interceptor SUV 2017 Ford Police Interceptor SUV 16 | RFP 21-CM01 (REISSUANCE) 2017 Ford Police Interceptor SUV 2017 Ford Police Interceptor SUV 2018 Ford Police Interceptor SUV 2019 Ford F150 2019 Ford F150 2019 Ford F150 2019 Ford Police Interceptor SUV 2019 Ford Police Interceptor SUV 2019 Ford Police Interceptor SUV 2020 Ford Police Interceptor SUV 2020 Ford Police Interceptor SUV 2020 Ford Police Interceptor SUV 2020 Ford Police Interceptor SUV 2020 Ford Police Interceptor SUV 2020 Ford Police Interceptor SUV 2004 Dodge Ram Diesel City Administration 2007 Ford Fusion 2010 Ford Explorer 2010 Ford Explorer 2010 Ford F150 2015 Ford Escape 2015 Ford Explorer 2015 Ford F250 2016 Ford F250 Super Duty 2019 Ford F250 2019 Ford F150 2020 Ford F150 Fire Administration 2010 Ford F150 2012 Ford Expedition 2013 Ford Explorer 2013 Ford Explorer 2014 Ford F250 2014 Ford Expedition 2016 Ford Explorer 2016 Ford Explorer 2017 Ford F150 2017 Ford F150 17 | RFP 21-CM01 (REISSUANCE) 3.1 SERVICE REQUIREMENTS – Included but not limited to the following: Regular Oil change Synthetic oil change Synthetic oil change (Over 6QTS) Transmission flushes Coolant Flush Fuel Induction Service Differential Service O2 Sensors Timing Chain Water Pump Fan Belt Tune Up (wires,plugs) Fuel rail Air filter Cabin Air Filter Mass air flow sensor Abs Module Radiator Replacement Tire Pressure Sensors Mount/Balance/Install Tires Alignment 4 Wheel Tire Rotation Front Control Arm Shocks and Struts Battery Replacement Bulbs Headlight Bulbs taillights Bulbs blinkers Windshield wipers Brakes Rotors Brake Fluid Flush Ac Fan motor Ac Flush Alternator Belt Tensioner Coolant Fan 100,000 mile service Emissions Testing Motor Mounts / Transmission Mounts 18 | RFP 21-CM01 (REISSUANCE) 3.3 TIME REQUIREMENTS – below are from arrival to departure (Priority Service):  Oil changes in 25 minutes or less  Tires installed, balanced and aligned in 45 minutes or less  All lights checked on every service call (except light bar/emergency lights) and repaired.  Transmission flush completed in 45 minutes or less  All other services “as soon as possible” SECTION 4: OFFEROR PROPOSALS 4.0 CITY’S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the Offeror to provide the supplies and/or perform the services specified. 4.1 OFFEROR INFORMAL REQUIREMENTS Offerors interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. 19 | RFP 21-CM01 (REISSUANCE) SECTION 5: COST PROPOSAL ~ Return with Proposal in a Separate File (3 pages) ♦ MUST BE RETURNED WITH PROPOSAL IN A SEPARATE FILE ♦ The offeror’s cost proposal shall be signed by an authorized agent of the company. All three (3) pages of the Cost Proposal must be returned with proposal. The undersigned Offeror, having familiarized themselves with the work required by the RFP, the solicitation documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this offer for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by Offeror for the total contract price of: Please complete the “Fixed Cost Per Unit” column below and return with proposal. (See Attached Schedule) 20 | RFP 21-CM01 (REISSUANCE) Servi ce requirements Estimated Yearly Quantity Fixed Cost per unit Total Regular Oil change < 25 minutes 120 Synthetic oil change < 25 minutes 40 Synthetic oil change(Over 6QTS) Transmission flushes 50 Coolant Flush 30 Fuel Induction Service 40 Differential Service(front/rear) O2 Sensors Timing Chain Water Pump (SUV) Fan Belt Tune Up (wires,plugs) 60 Fuel rail 15 Air filter 50 Cabin Air Filter Mass air flow sensor 12 Abs Module 12 Radiator Replacement 14 Tire Pressure Sensors Mount/Balance/Install Tires Alignment 4 Wheel Tire Rotation Front Control Arm 5 Shocks and Struts 10 Battery Replacement 20 Bulbs Headlight 25 Bulbs taillights 50 Bulbs blinkers 50 Windshield wipers 80 Brakes 50 Rotors 10 Brake Fluid Flush (Every 12 months) Ac Fan motor 10 Ac Fl ush 10 Alternator 10 Belt Tensioner Coolant Fan 10 100,000 mile service 35 Emissions Testing Motor Mounts 21 | RFP 21-CM01 (REISSUANCE) In addition to the above services, please provide the rate per hour schedule for services not covered above: • Business hours rate $ ________________ Written in words $_______________________________________________________________ • After hours rate $ _________________ Written in words $ _______________________________________________________________ Please describe your hours of operation and how it meets our priority service requirements: ______________________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _____________________________________________________________________________ Print/Type Company Name Here: ____________________________________________ Authorized Signature________________________________________Date_______________________ Print/Type Name_______________________________________________________________________ Print/Type Title_________________________________________________________________________ Grand Total 22 | RFP 21-CM01 (REISSUANCE) SECTION 6: EVALUATION CRITERIA 6.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the proposals according to the criteria listed below. Proposals not meeting the minimum technical requirements and those who are non-responsive will not be considered. Positive or negative City of Milton experiences are part of the evaluation. Lack of service experience with the City is not a detriment to the evaluation as long as positive references and experiences can be produced. The City reserves the right to test service at any vendor shop for evaluation purposes. Location evaluation is determined by proximity to City Hall and Milton Police Department. The City may request short- listed proposers to meet with the City’s Evaluation Committee for evaluation purposes. Proposal Evaluation Criteria: • Ability, Location, Hours of Operation, References, Service 50% Experience, Performance Liability, and City of Milton Experience (if any) • Price (Section 5.0) 50% 1. Interviews and Product Demonstration If applicable, short-listed Firms will be invited to make a presentation to the City of Milton. At this time, they can provide live demonstrations and discuss the benefits with the City. A question and answer will follow the presentation. 2. Final Ranking Upon completion of the interviews and demonstrations, the evaluation committee will rank the short-listed proposals based on a combination of the evaluation scores. The City has the right to award this contract solely based upon review of the submitted proposals and subsequent negotiations. 23 | RFP 21-CM01 (REISSUANCE) SECTION 7: STANDARD CONTRACT INFORMATION 7.0 STANDARD CONTRACT The City’s standard contract is attached to this document as Appendix A. Offeror should notify the City of any terms within the standard contract that preclude them from responding to the RFP. This notification must be made by the deadline for receipt of written/e-mailed questions or with the Offeror’s RFP response. Any requests for material, substantive, important exceptions to the standard contract will be addressed in any formal written addendum issued by the procurement officer in charge of the solicitation. The City reserves the right to address any non- material, minor, insubstantial exceptions to the standard contract with the highest scoring Offeror at the time of contract negotiation. 7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the Offeror’s RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City’s standard contract, attached as Appendix A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring Offeror. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. 7.2 SUBCONTRACTOR The highest scoring Offeror will be the prime contractor if a contract is awarded and shall be responsible, in total, for all work of any sub-contractors. All sub- contractors, if any, must be listed in the proposals. The City reserves the right to approve all sub-contractors. The Contractor shall be responsible to the City for the acts and omissions of all sub-contractor or agents and of persons directly or indirectly employed by such sub-contractor, and for the acts and omissions of persons employed directly by the Contractor. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any subcontractor and the City. 7.3 GENERAL INSURANCE REQUIREMENTS See sample contract. 7.4 COMPLIANCE WITH WORKERS’ COMPENSATION ACT The Contractor is required to supply the City of Milton with proof of compliance with the Workers’ Compensation Act while performing work for the City. Neither the Contractor nor its employees are employees of the City. The proof of 24 | RFP 21-CM01 (REISSUANCE) insurance/exemption must be received by the City of Milton within ten (10) working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO OFFERORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 7.5 COMPLIANCE WITH LAWS The Contractor must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or sub-contracting by the Contractor subjects sub-contractors to the same provision. The Contractor agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 7.6 CONTRACT TERMINATION See sample contract. ~ SAMPLE CONTRACT INTENTIONALLY OMITTED ~ 1 | Page RFP 2 1 -CM01(R)-Addendum #1 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 21-CM01(R) - reissuance Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: ___________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: __________________________________________________ CITY: _________________ STATE: ____________ ZIP: _____________ PHONE: ______________________ FAX: _________________________ EMAIL ADDRESS: ___________________________________________ ____________________________________ ______________________ Signature Date ADDENDUM #1 2 | Page RFP 2 1 -CM01(R)-Addendum #1 ADDENDUM #1 RFP 21-CM01 (R) - reissuance Questions and Answers This Addendum forms a part of the contract documents and modifies the original RFP documents as noted below: 1. Since this a reissuance of the solicitation, Can the service area be wider than the 4 mile radius?? page 8 section 1.0 of the solicitation reads: The awarded contractor(s) must be located within four (4) road miles of Milton City Hall or Milton Police Department and have a location of suitable size and personnel to handle the repair and maintenance of the fleet vehicles without undue delay. City Hall is located at 2006 Heritage Walk, Milton GA 30004. Milton Police Department is located at 13690 Highway 9, Milton GA 30004. By the solicitations limited area, you are only qualifying 2 possible service locations both specializing in tires not vehicle maintenance. - Due to time constraints, we will have to keep it at the listed distance. We can't go farther due to officers and employees being on duty during repairs. Vehicle Maintenance and Repair Agreement | 21 EXHIBIT “B” City of Milton City Vehicles Maintenance and Light Repair Services RFP No. 21-CM01 December 4, 2020 Envelope #1 Technical Proposal – Speed Auto Repair QM -k SPEED AUTO REPAIR Table of Contents Page Preface • First Page of RFP 21-CM01 • Cover letter Introduction.............................................................................................................I 1.5 Qualifications and Expertise............................................................................ 2 1.5.2 Project Staffing.................................................................................................3-4 1.5.3 Work plan, Approach and Understanding.....................................................5-'7 Additional Information...................................................................................... 8 References.......................................................................................................... g Expense to the City for Services ...................................................see envelope #2 Appendix......................................................................................................................................10 ■ Required RFP Forms • Certifications Qlpht G,��no M V* A/MIM -M..- I UFON111K MAB LiSIiW 2006 ... -:.,. r7`" - _ - ,•-,rf�::.»:ire:. �'•7:'`l,':'in:.;:;::::,: :•:'.- - TY OF 111llTN . WCUST FSR PRaP5AC5 fL•-..•..... - .. (THIS OT Alh OR... RFP Number: RFP Title: 21-CMO1 City Vehicles Maintenance and light Repair Services Due Date and Time: November 5, 2020 at 2:00 pm EST ,r **Pending updates relating to COVID-l9 the City may 5895 Atlanta Highway conduct the bid opening via a virtual meeting. Responding bidders will be emailed a meeting link Number of Pages: 47 should the need to hold this type meeting arise. Offeror Phone Number: 770-751-7074 ISSUIN. ;QEPARTMENT I.NF•ORIvIATI N Issue Date: October 15, 2020 City of Milton Phone: 678-242-2500 2004 Heritage Walk 85-1249830 Milton, GA 30004 Website: &Ww. 5; 11yofmiltoncia.uS INSTRUCTIONS TO CONSULTANTS Electronic Submittal: **Bids must be Mark Face of Envelope/Package: submitted electronically via Milton's RFP Number: 21 -CMO 1 BidNet procurement portal/platform Name of Company or Firm atwww. cit ofmilton a.us Special Instructions: Deadline for Written Questions If you have not registered as a October 26, 2020 by 5:00 PM vendor via BidNet we encourage you to register. There is no cost to join, and you will be notified of any Submit questions online via the Bid Net potential bid opportunities with the Direct procurement portal at City of Milton as well as other www•cityofmitfonga.us agencies who are part of the Georgia Purchasing Group. IMPORTANT-, SEE STANDARD TERMS` 4ND CQND.ITIQN ::......... oEFiTRos NtUST COti1PLE7ETi4E F.mOV'rf:;'' :;:. Offeror Name/Address: Authorized Offeror Signatory - Speed Auto Repair ,r ,�.• 5895 Atlanta Highway Jim Brown -Owner Alpharetta, GA 30004 Please print name an si Offeror Phone Number: 770-751-7074 Offeror FAX Number: Offeror Federal I.D. Number: Offeror E-mail Address: lmmyspeed®bellsoufh_.net 85-1249830 '::QFFERORS MOST RETUR ,TFIIS COVE SHEEi.WfM RFP �$ ]NSE 2006 Heritage Walk Milton, GA 30004 P: 678,242,2500 [ F: 678.242,2499 infa@acityofrniltonga.us I www.cityofmiltonga.us 0000 QMW SPEED AUTO REPAIR November 5, 2020 Mm Brown City of Milton Business Owner Re: Purchasing RFP 21-CM01 2oo5 Heritage Walk 'iunbro%vn [Ir$ ecdautore air.coiii Milton, GA 30004 Business: (T7o) 751-7o74 Cell: (404) 787-8374 RFP: zx-CMoi Vehicle Maintenance and Light Repair Services Dear Evaluation Committee; We are pleased to present our response to support the City of Milton (City) with a comprehensive service plan for your City's Vehicle Maintenance and Light Repairs Contract, With Speed Auto Repair as your partner, you can rely on us for tap -tier, "Priority Service" at a price point that meets and exceeds your expectations while ensuring the performance, reliability and safety of your vehicle fleet. Speed Auto Repair is a family owned business servicing Roswell, Alpharetta and metropolitan Atlanta for over 3o years. We continue to support the local community through multiple school sports and club programs. During the month of October, Speed Auto Repair participates in the Brakes for Breasts charity organization in support of the Cleveland Clinic Breast Cancer Vaccine Fund. We take pride in hiring and developing the finest technicians through ongoing education and training with industry standard "Automotive Service Excellence (ASE)", Georgia Clean Air Force with additional training through our suppliers like BG Products. Our two locations are clean, well maintained and have "state of the art" equipment. We are capable of servicing all vehicle and light truck makes and models. Thank you for giving us the opportunity to submit our proposal as your Vehicle Maintenance and Light Repair Service contractor. We look forward to providing excellent efficient service that will exceed your expectations. With best regards, JimB wn Busin ss Owner Speed Auto Repair Alpharetta 5895 Atlanta Highway, Alpharetta, GA 30004 1770-751-7074 Speed Auto Repair Roswell 11345 Alpharetta Highway, Roswell, GA 3076 1 T70-654-5968 About Speed Auto repair Speed Auto Repairs was founded in 1989 as a Georgia Limited Liability Company. Jim Brown began his career in the Automotive Repair industry with Speedy Oil Change when the business opened. Knowing that Jim was eager to learn all aspects of the business, the owner mentored and developed Jim's skills and expertise so one day he may own his own business. This day came in 2001 when Jim became owner of Speedy Oil Change, Roswell, Georgia. With a desire of becoming a "one stop" shop for all vehicle maintenance and repair needs, Jim rebranded his business to Speed Auto Repair. We service all makes and models of vehicles and remain focused on providing consistent, outstanding service, performed strictly according to each vehicle's manufacture recommendations. Through organic growth, Speed Auto Repair acquired a second location formerly Alpharetta Auto Service Center a family business servicing Alpharetta and Milton since 1990. Speed Auto Repair 5895 Atlanta Highway Alpharetta, Georgia 30004 Jim Brown Business Owner j i m myspeed @ he I Isouth. net 770-751-7074 Founded 1989 Two locations, 18 Employees www.speedautorepair.com rae� Our certified Automotive Service Excellence (ASE) technicians are experienced with all makes and models of vehicles and utilize the industry's finest diagnostic equipment and tools. Our staff participates in ongoing continual education training through ASE, Georgia Clean Air Force, BG Products and other agencies and firms partnering with Speed Auto Repair. Our commitment to service and our reputation for integrity has allowed us to continually attract and retain some of the brightest and most experienced technicians in our industry. We know your City's fleet is important! We know that keeping your fleet driving down the road is an absolute necessity for your City! The last thing you need is to have vehicle failure and costly interruptions to especially your City. Our fleet maintenance and repair management program tackles all aspects of vehicle maintenance and repairs both preventive and corrective. At Speed Auto Repair, your fleet vehicles will receive "priority service" with consultative solutions while providing quality service, reasonable and economical prices, with a fast turn -around. Speed Auto Repair is family-owned, two convenient locations with state of the art equipment with our Alpharetta location being less than g miles from your Public Safety Complex. Speed Auto Repair will make sure that all staff is properly trained and certified as deemed appropriate to perform preventive maintenance and corrective repairs on every make and model in your City's fleet. We will collaborate with your staff in designing and implementing SOP's that are acceptable and mandatory when servicing your specific department vehicles (Police, Fire Admin, City Hall, Public Works). sawn num aff e. 1.5.1 Qualifications Serving Roswell, Alpharetta, and Metro Atlanta for over 3o years, Speed Auto Repair is the oldest family-owned and operated Automotive Oil Change, Tune up and Repair shop in the Roswell and Alpharetta, GA community. We service all makes and models and we remain focused on providing consistent, outstanding service, performed strictly according to each vehicle's manufacturer recommendations. We believe that a relationship rased on respect, trust and confidence is what keeps our retail and fleet customers driving in our bays every time their cars need routine maintenance and repairs. We have two convenient locations: our Roswell shop, located at 11345 Alpharetta Highway, is less than 4 miles from Milton City Hall and our Alpharetta shop, located at 5895 Atlanta Highway, is less than 3 miles from the City of Milton Public Safety Complex. We are open from SAM to 6PM Monday through Friday at both locations and our Roswell location is also open from SAM to 4PM on Saturday. Between our two locations, we have a total of 18 bays to service your fleet. All of our mechanics are ASE certified and we offer a 3 year, 36,000 mile warranty on all repairs. With a combined staff of 18, we will be able to meet all of your preventive and corrective vehicle maintenance and repair needs in a timely manner. Our staff average 25 years of automotive industry experience and participate in required and optional training and continual education programs throughout the year. Furthermore, we partner with BG Products, Inc. to source high quality parts for your vehicles. BG has agreed to stock our shelves with the majority of the parts needed to service your fleet. This will allow us to quickly service and/or repair your vehicles without having to wait for parts to be delivered, thus cutting down on vehicle turn -around time. Speed Auto Repair has an outstanding track record servicing fleet and commercial accounts. Speed's Fleet Service Advantage includes: ■ Priority service for hath preventive maintenance, minor and major repairs. • Ability of free pickup and drop off service to you • Free courtesy shuttle should an employee need to leave a vehicle for repair • Loaner cars available to return back to your facility if needed • Discounted prices on all services, parts and labor rates • Corrective repair estimates including options for parts (OEM, National brand, Private brand) • Vehicle service records and reports ■ In person fleet maintenance and servicing reviews based on your needs ■ Automatic enrollment of BG Lifetime Protection plan (certain limitations apply) • Complimentary Roadside Assistance Our experience includes currently servicing 16 fleet accounts. Our largest customer has over 70 vehicles so we are accustomed to servicing a large amount of vehicles in an efficient manner. Due to organic growth and success over the years at our Roswell location, Speed Auto Repair acquired a second location, formerly Alpharetta Service Center located less than 3 miles from the City of Milton Public Safety Complex. Speed Auto Repair Alpharetta location will provide service excellence from our 5895 Atlanta Highway, Alpharetta, Georgia location with the option for your City to utilize our Roswell location. Priority service shall never be a problem having the flexibility to transfer staff from our Roswell to accommodate other customers while the same mechanics and technicians always service your vehicles. 1.5.2 Staffing Team Areas of Leads Responsibility Qualifications Jinni Brown Client Relationsliip Manager: • 30+ years in the Auto • Oversee management at Repair Business both locations 40 Ensure customer ■ Owner since 2ooi satisfaction ■ Marketing and Community contact • Problem Resolution Karen Brown Billing: ■ Responsible for all • Accounting degree billing at both locations ■ Over 26 years of • Customer contact for all accounting experience invoice/billing issues for the City of Milton Tim McCord Manager/Service Advisor: (Roswell) ■ 20 years in the Auto • Management of Roswell Repair Business store • Supervises 6+ people ■ 17 years as Manager at • Sell maintenance and Speed Auto Repair repair jobs/order parts • Interact with customers Justin Reyes Manager/Service Advisor: (Alpharetta) • Track Mechanic in USA • Management of Army Alpharetta location ■ Supervises 6+ people • ASE Certified Mechanic • Sell maintenance and repair jobs/order parts • 20 years in the Auto Interact with customers Repair Business Staffing Continued: Team Areas of Experience & Leads Responsibility Qualifications Mark Gray Lead Mechanic: (Alpharetta] Oversee mechanics . Over 35+ years experience AN ■ Diagnose all cars Perform all needed . ASE certified mechanic repairs for City of Milton Shawn Lead Mechanic- Blackwellk Blackwell (Roswell) • Over 30+ years Diagnose all cars experience il Perform all needed ■ ASE certified mechanic repairs. W Iq Eddie Mechanic: Rexroct (AIpharetta) . Over 25+ years ■ Diagnose cars experience ■ Perform needed repairs . ASE certified mechanic and service exchanges for City of Milton Richard Mechanic: Koerner (Alpharetta/Rosioell) . Over 30+ years • Diagnose cars experience ■ Perform needed repairs p ■ ASE certified mechanic and backup mechanic for the City of Milton Other Full time staff Alpharetta: Eric George — Emission Technician/General Service Technician • Carson Brown - Emission Technician/Auto Detail ■ Raphael Kotto — Customer Service Roswell: • Andrew George — Emission Technician/General Service Technician • Andrew Privette — Emission Technician/General Service Technician ■ Leonoris Vazquez — Administrative Assistant 4 Anoroach-Ongoing Service r. Maintain vehicles to promote the safety and reliability of City assets. • Regularly inspect vehicles in order to identify and correct problems in to prevent service interruptions. • Conduct a 27 point vehicle maintenance and safety check with each vehicle visit even if minor like a light bulb replacement in order to identify vehicle and equipment problems and assure vehicles are in good operating condition. • Communicate to City staff any found preventative issues and next course of action if there is an immediate vehicle safety or noting in vehicle file to check next time. • Conduct vehicle repairs in a timely manner and in accordance with industry best practices. • Maintain a clean appearance for vehicles including protecting the interior while we work. 2. Manage Preventive Maintenance and repair activities to promote the reliability of the service by minimizing service interruptions due to vehicle or equipment failure. • Schedule repairs promptly in order to minimize service interruptions. Provide prompt service, an estimate and time required to complete a repair. • Offer shuttle service to your staff when needed. Pickup and or drop off. ■ Analyze repair, identify trouble -prone components or systems for pro -active attention. ■ Communicate with your fleet manager all repair estimates or services that need approval. • Fix the problem right the first time, our goal. 3. Maintain vehicles and equipment to promote cost -efficiency of operations. • Maintain and repair vehicles to ensure their operation at peak efficiency, including fuel efficiency, emissions systems, etc. • Work with your fleet manager and analyze fleet fuel usage and repair data; identify vehicles which may need remedial work to improve cost efficiency or may need to be expedited for vehicle replacement or made inactive until your next fiscal year. • Maintain vehicles and related equipment to fulfill manufacturer's warranty requirements and pursue warranty repairs where applicable; research and follow up on any applicable recalls or service bulletins Speed Auto Repair is approved by the manufacture to offer said services. • Maintain vehicles to maximize the useful vehicle life, including the life of key components such as tires, brakes, batteries, etc. • Manage the maintenance program to be cost effective in terms of staff time, parts and supplies costs. 4. Conduct vehicle operations, repairs, and cleaning in compliance with applicable local, state andfederation regulations. • Ensure that shop equipment and maintenance procedures comply with applicable OSHA laws and regulations protecting the health and welfare of workers. ■ Handle and dispose of fuels, lubricants, solvents, tires and related materials in a safe and environmentally responsible manner. • Maintain vehicles to comply with relevant emission standards and other applicable regulations. • Conduct vehicle cleaning to comply with applicable wastewater and other relevant regulations. • Conduct maintenance and repairs in compliance with environmental standards and other relevant regulations. QI__t saeeo cure ae�ia Program Elements: 27Paint inspections. Each vehicle will be inspected with each visit to the shop. A walk -around will be performed looking for any irregularities like a burned out brake light and communicate based on allowable services and thresholds established by the City with and without required service approval. To name a few as follows: Check exterior: • Vehicle head, tail, and side lights (standard vehicle lights) • Turn signal operation • Hazard flasher operation • Brake light operation • Backup light operation • Tire condition (check for inflation, tread depth, sidewall damage, objects in tread) • Wheel condition (check appearance of lug nuts, check for seal leaks) • Undercarriage leaks Body, glass, mirrors (check for damage, mirrors well -secured) Check vehicle interior: • Mirror operation • Horn operation. • Windshield wiper operation • Passenger door and window operation • Interior lights • Vehicle gauges • Seat belts .basic Service Routines. Per the recommendations of the manufactures and any requirements of the City provide a thorough preventive maintenance schedule for each vehicle. At or before the recommended mileage intervals, our ASE technicians will perform all the elements of maintenance due at that mileage. Vehicle Cleaning. Interior cleaning and sweeping of each in-service vehicle will be performed at the discretion of the City staff assigned to the vehicle or fleet manager. Vehicle Repairs. The need for a vehicle repair may be discovered during a routine maintenance and preventive maintenance inspection, or breakdown. Our Mechanic(s) will determine warranty coverage for your vehicle with recommendation to have the dealership service under warranty or out of warranty recommendations with repair quotes outside services on contract. Our experience Mechanics can repair all snakes and models from transmission or engine overhauls and replacement to simply installing a replacement bulb. Documentation andAnalysis. Vehicle condition will be regularly documented including vehicle inspections and any problems discovered by your staff on the road and will be documented in the vehicle's file. In addition, all vehicle maintenance and repair activity and costs documented, vehicle data will be organized and presented to City staff as necessary or on an agreed upon schedule (reports). Business Review. Conduct a business review with City staff on quarterly basis. Analyze a period of services and repairs, identify any problem vehicles requiring ongoing spend. Address needs of the City and together develop and implement any new procedures as needed. sa eeo nU+O .iQ.�nl� Included but not limited to the following: Regular Oil change Synthetic oil change Synthetic oil change (Over 6QTS) Transmission flushes Coolant Flush Fuel Induction Service Differential Service D 2 Sensors Timing Chain Water Pump Fan Belt Tune Up (wires, plugs) Fuel rail Air filter Cabin Air Filter Mass air flow sensor Abs Module Radiator Replacement Tire Pressure Sensors Mount/Balance/Install Tires Alignment 4 Wheel 'lire Rotation F r o n t Control Arm Shocks and Struts Battery Replacement Bulbs Headlight Bulbs taillights Bulbs blinkers Windshield wipers Brakes Rotors Brake Fluid Flush Ac Fan motor Ac Flush Alternator BeltTensioner Coolant Fan loo,000 mile service Emissions Testing Motor Mounts / Transmission Mounts *'We acknowledge the requirements of the Scope of Service required by the contractor. Speed Auto Repair does not foresee any challenges with servicing your City's vehicles. We are a full service preventive maintenance and corrective vehicle repair facility ready to partner with the City of Milton, Georgia. ct.2 Time Requirements We accept and shall provide the following requirements to the City of Milton, Georgia. Gil changes in 25 minutes or less 'Fres installed, balanced and aligned in 45 minutes or less J All lights checked on every service call (except light bar/emergency lights) and repaired. Transmission flush completed in 45 minutes or less ►/ All other services "as soon as possible" o =b Hutu aranIn Please describe your hours of operation and how it meets our priority service requirements: City of Milton Service Location Speed Auto Repair 5895 Atlanta Georgia 30004 Alpharetta, Georgia 30004 770-751-7074 Night Key Drop Available Hours of operation Monday -Friday 7:0o a.m-6:oo p.m. Alternative option location (if desired) Speed Auto Repair 11345 Alpharetta Highway Roswell, GA 30076 770-664-5968 Night Key Drop Available Hours of Operation Monday -Friday 7:0o a.m.-6:oo p.m. Saturday S:oo a.m.-4:00 P.M. ADDITIONAL SERVICES INCLUDED FOR CITY OF MILTON • City vehicles requiring overnight for a repair, the vehicle shall be kept inside a Speed Auto bay in a building alarmed and with security cameras. • Free towing for vehicles broke down within to miles of City and Speed Auto Repair. • Ability to have our glass or upholstery partners conduct repairs at Speed Auto Repair. ■ Free WIFI and coffee service while staff waits. • Free shuttle service or loaner cars if needed. • Flexibility and willing to adapt to any of the City's needs. • Willing to service off standard business hours when required. �e�o e�ro aEaa�� TE Certified Electricians Corporate Office 980o Old Dogwood Road Roswell, Ga 30075 (404) 354-9008 Josh Brooker -Owner josh Cr7einailte.com Number of Fleet Vehicles 70 Description of Services: All services outlined in this RFP Heritage Property Management 500 Sugar Mill Road, Suite 2ooB Atlanta, GA 30350 (404) 993-3252 Paul Gwyn -Manager p v__n re 1?eritageproperty.com Number of Fleet Vehicles 12 Description of Services: All services outlined in this RFP Window Genie 995 Mansell Road, Suite D Roswell, GA 30076 (678) 464-1250 Jim Daiker-Owner At1aiita.o%\ iiei-(tt.1yindo�ygeIlie.com Number of Fleet Vehicles: 8 Description of Services: All services outlined in this RFP Dent Wizard 5717 Peachtree Industrial Blvd, Chamblee, GA 30341 (864) 304-4672 Britt Taylor -Manager Britt. taylorf&den Lwi za rd.co ni Number of Fleet Vehicles: 25 Description of Services: All services outlined in this RFP 9 Q--- %.s a ,Hutu ae.ara • RFP Required Documents -Forms ■ Staff Certifications ■ 27 Point Maintenance Check (customizable to City of Milton) 10 cftk wMrd AU_ ..— , 4 1 RFP 2i -CMO 1 M - I LT () N It ESTABLISHED 2006 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Offeror Speed Aub Repair Name and the official position of the Milton Official to whom the campaign contribution was made j Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) None List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: NA 5 f {AFP 21-CMOI MILTON"IP E5TMUSHE❑ 2906 RFP# 21-CM01 PROPOSAL LEITER MUST BE RETURNED WITH PROPOSAL We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (21 -CMO 1 ) City Vehicles Maintenance and Light Repair Services. It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. sec, have not been violated and will not be violated in any respect. Authorized Signature Datell/05/2020 Print/Type Name JimB n Print/Type Company Name Here Speed Aufo Repair 6 1 RFP 21 -CMO 1 .MI LTO ESTA$LISiiE 2006 CONTRACTOR AFFIDAVIT AND AGREEMENT MUST BE RETURNED WITH PROPOSAL STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in 0,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 authorizatian are as follows: 1603"71 eVerify Number 10131/2024 Date of Authorization Speed Auto Repair Name of Contractor City Vehicles Maintenance and Li ht Re air ServlCes 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 1111 0� in Alpharetta, GA, Signatur of Aut ' d Officer or Agent ww►- Printed me and Title of Authorized Officer or Age t SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 55th DAY Of November, 2020, MqWX� NOTARY PUBLIC [N �t AIICHAEL ❑OTSON My Comm 5iOH%r O�State y Georgia nn County rely Commission Expires Jan 18, 2021 Firm_ Request for Taxpayer Give Form to the Patir,October 2v� Identification Number and Certiflcatlon requeater. Do not txReu wevf ■ aw to www.lra swirl to the IRS. �iwr7.,wg fa Irtsttuctiorrs end the IaLest fntorrrnrtlon. 1 Name [as aftown on your k,00rne tax retu n). Narne Is ragwed on this line; do not Wave trtifaa One geek, K&J Auto Repair LLC 2 Bu*ww narna/dlarsparded entity name, If diffma, from above k 3 Chock s *mWists box for Werel Tax dation of the person whose name is entered on Im 1, Check on4y erre of the f bowwQ a%'en baxee. ® kxlivid-u-as propriety or ❑ C Corporaflan ❑ s Corporation ❑ Partner* ❑ T ustlestate amyls -member LLC 4 Exemptions (codes apply only to certain wftas, not individuals; see insln.&ti on page 3): Exernpt Payee code {f any) ❑ L mt0 d "Ilty aw pary- Enter the tax daesirrra6an (C—C oorporadon, S.5 corporation, P-pavterahlp) ■ LLC i Check � cheap d as a tato loos i Ime rte LLC that daegadod from the the owner the LLabove for the tax daaall� of ft s6gle-rnernber owner. Do not C Is ��� horn FATCA reporting another LLC that is W disregarded from the owner far 11,5 federal tax prrpaarsB. 00wwne, a single-mertlbw LLC that Code Of -PA W drarega ded from to owner should check the appropriate box for the tau c aWkation of its owner. o tner (sae inetruotiorw 0• 5895 Atlanta Highway e City, tom, rind ZIP oode Alpharetta, GA 30004 7 u.t.eeount n+.rnberfr) PWO froth or FVC t a�ax.w ire wrrk4 th• !r. sl nart�e end address [ooUorafi Enter your TiN in the appropriate box. The TIN provided must match It* name given on fine 1 to avoid 5acist aaeurtgr nnntbar backup whittlodding. For indivkivals, this is generally your social seourity number (SW. However, for a reskfertt when, sole proprietor, or dlsrerganded entity, see" instructions for Part I, later. For other antlbas, It Is yotx ampkry'er Identification number (FIM. If you do not have a number, see How to get a 77N, later, or No* If the account to In more titian one name, see the Instructloro for Hne 1. Also see What Name aril iaunverartlon nunrhw Number To QW the Requester for gukWines on whose number to enter. 85 '] 098 n Linder penalties of perjury, I certify that 1. The rxrnbar shown on this form is my carred taxpayer ident>fioaton number (or I am-afthtg for a number to be Issued to me); and 2. 1 em not subject to backup wlthMlding because: (a) i am exempt from backup withholding, or (b) I have not been notified by the Intemal Revenue S vice {IRS] thee[ I am subjent to backup WdInholdlrg as a result of a fallure to report al interest or dividends, or (o) the 1FtS has notified me that I am no longer s+-tiect to backup wWtolding; and 3.1 am a U.S. a tLzw or other U.S. person {derated below); and b. The FATCA code(s) entered on this form (i} arty} indicating that I am exempt from FATCA reporbrq is czrrect. C,a►t111cabon IrW w'tl w& You must cross out item 2 above if you have been nobfied by the IRS that you are cLTerltty subject to backup withholding because you have failed to report all Interest and dividends on your tax retum. For reel estate transactions, Item 2 does not apply. For mortgage interest pold, acquisition or abandonment of ae=ed property, cancellation of debt, corn buttons to an indhridual retirement arrangement ORA), and generally, payments ottler than interest and dividends, yor a riot required to sign the owfifro low, but you must provide your correct TIN. See the instructions for Part 11, later. -MVI I Hwe I �n 0- J 1 �� 5-,t eat.. �I �o� ❑�� General Instructlo-- " W @F71or t�-IN ld:Mdends, Including mora from stocks or mutual SSeection references are to the Internal Revenue Cede unless otherwise w. . Form 1098-MISC (various types of income, prizes, awards, or gross Flrttrrre developmentL For the iateat information about devalnpments related to Form W-9 and Its instrtictlorls, such as legislation enacted pr .Form 109" (stock or mutual fund sales and cartaln other ager they were published, go to www.imgov/FarmM. transactions by brokers) . Form 109" (proceeds from real estate trwwketlors) Purpose of Form • Form 1099-K (merchant card and third party network transactions) An Individual or entity (Form W-9 requester) who m required to file an ■ Form 1098 (home mortgage Interest), I OWE {student loan Interest), htfo Melon return with the IRS must obtain your correct taxpayer 1099-T (tuition} IdentiAcatlon number (nM whk* may be your soom; security number ■ Form 1099-C (c>3atcelad debq (SSM, individual taxpayx ldenffmlion number (MM, adoption taxpayar IdenIffication number (ATIN), or employer Iderrtincation number A .Form 1099- ("ulslbon or abandonment of secured property] (pN), to report on an information Tatum the arnourrt paid to you, or other Use Form W-9 only 0 you are a U.S. person (including a resident amort reportable on an Information retum. Uarnples of information alien), to provide your oonW nN. fet mtie include, but are not Ilmfted to, the following. 9 you do not return W fee with a you rrrighf • earned or Form 1099 -INT {kntensst paid) n be Subject to badcl,go wtthfrokVng. Sae What ks backup withthhoiding, later. OEM No. 10231 X Form W-9 {Rev. 10-2M sl SPEED AlITO REPAIR-ALPHARE rA 5895 Atlanta Hlg*M 5?911D ALffO REPAIR Alpharetta, 34004 (770) 751-70707 4 urMOMR-04LO rW-OMWW.nues Ar Aw"AV Infa@apeedautnrepair.cwn Ilttps-.//speedautorepairoom Inspection Rating Key: Q Checked & Okay B Requires Attention Soon X Requires Immediate Attention — Not Applicable MULTI POINT INSPECTION TECH: N/A �) ® X -- EXMIOR ❑ ❑ ❑ ❑ DENTS/DAMAGE Finding. ❑ ❑ ❑ ❑ WIPERS Finding: ❑ ❑ ❑ ❑ HEADLIGHTS/FOGUGHTS Finding: ❑] ❑ ❑ TURN SIGNALS Finding: ❑ ❑ ❑ ❑ TAIL LIGHTS / BRAKE LIGHTS Finding: ❑ ❑ ❑ ❑ REVERSE LIGHTS Finding: ❑ ❑ ❑ ❑ TAG LIGHTS FindWV4 UNDER HOOD ❑ ❑ ❑ ❑ ENGINE OIL Finding; ❑ ❑ ❑ [3 TRANSMISSION FLUID Finding: ❑ 0 ❑ ❑ BRAKE FLUID Finding: ❑ ❑ ❑ ❑ POWER STEERING FLUID Finding' ❑ ❑ ❑ ❑ COOLANT Finding: ❑ ❑ ❑ ❑ WASHER FLUID Finding: ❑ ❑ ❑ ❑ BELTS Finding: ❑ ❑ ❑ ❑ HOSES Finding: SPEED AUTO REPAIR-ALPHARETTA - RO# 15774 Printed on 11/05/20 • Page I of 3 ❑ 0 ❑ ❑ AIR FILTER Finding: ❑ ❑ ❑ ❑ CABIN AIR FILTER Finding: ❑ El ❑ ❑ BATTERY Finding: UNDER VEHICLE ❑ ❑. ❑ ❑ OIL LEAKS Finding: ❑ f_1 ❑ ❑ OTHER FLUID LEAKS Finding: ❑ El ❑ ❑ CV AXLES Finding: ❑ ❑ ❑ ❑ EXHAUST Finding: ❑ ❑ ❑ ❑ STEERING AND STEERING LINKAGE Finding: ❑ ❑ ❑ ❑ DIFFERNTIAL FLUID Finding: ❑ f] ❑ ❑ ENGINE MOUNTS Finding: B RAKESITIRESJSUISPENSION ❑ E] ❑ ❑ FRONT BRAKE PAD THICKNESS Finding: ❑ ❑ ❑ ❑ REAR BRAKE BRAKE PAD THICKNESS Finding: ❑ (� ❑ ❑ FRONT SUSPENSION Finding; ❑ ❑ ❑ ❑ REAR SUSPENSION Finding: ❑ El ❑ ❑ TIRES Finding; ❑ ❑ ❑ ❑ ALIGNMENT Finding: INTERIOR ❑ ❑ [� ❑ LIGHTS ON DASHBOARD Finding: ❑ L-1 ❑ ❑ AIR CONDITIONING Finding: ❑ 0 ❑ ❑ HEATER Finding: ❑ ❑ ❑ ❑ WINDOWS Finding: ❑ rl ❑ ❑ DOOR LOCKS Finding: QUALITY CONTROL TECH: NIA SPEED AUTO REPAIR-ALPHARETTA - RO# 15774 Printed on 11/05/20 . Page 2 01 3' ❑ El ❑ ❑ FOOTPRINTS ON FLOOR Finding: ❑ El ❑ ❑ WINDOW STICKER Finding: ❑ ❑ ❑ ❑ FLOOR VACUUM Finding: ❑ ® X — OVERALL CHECK[ ❑ ❑ ❑ ❑ GREASE PRINTS ON CAR Finding: ❑ El ❑ ❑ FOOTPRINTS ON FLOOR Finding: ❑ El ❑ ❑ WINDOW STICKER Finding: ❑ ❑ ❑ ❑ FLOOR VACUUM Finding: ❑ [._1 ❑ ❑ TIRE PRESSUE Finding: ❑ ❑ ❑ ❑ EXTERIOR LIGHTS Finding: SPEED AUTO REPAIR•ALPHAREITA • RO# 15T74 Printed on 11/05/20 . Page 3 of 3 W W o >wu []Z 0 ,,,,,, W o WW .� W 91 R d 91 d' N N N1 R N N N N N # ri rl ri A ri ri H a W W W W IIgg.F 125pmm� EWWWz # A Z � � y a � W �3 LUcu F -a -d o C) o O F- uiui ►� W 7�C uNJ cn W z' w w p M: a w X dz er H >. a oLLI � Q � CLo� 4 W Fes- " = : U, tn # w E 4 ma lLii x LLS No Text TI. s ti i 3 Lm w o .Y Wm s ti i 3 No Text No Text L 0 cu z E Q a LO 0) V- C) N r - c fl_ E 0 0 v fi >%� v Wim= 0 co L 0 cu z E Q a LO 0) V- C) N r - c fl_ E 0 0 cc L a m i 1� �I Qa a w"Si o L 0 3 Z .v E Q r d3 C�11 co C `L3 Q E 0 V o W U E O� L 0 3 Z .v E Q r d3 C�11 co C `L3 Q E 0 V W E W - a3 0 ca U y � .� cc CD n - L 0 3 Z .v E Q r d3 C�11 co C `L3 Q E 0 V Qz a Y L U w O 0cc 0 Y L 0 0 CL Z L � o U E ca m Zco mc y i CF) y 4) t J 0 Co 0 v wE 0 U �� C D 4-0 .0 C3 CLi Q Z � v W L � o y cc O L W Z cu Cf) E (D Q F- a w co v� +� o co � N ._ LL 0 U O 1 Q o 1 E o � C.] 0 City of Milton City Vehicles Maintenance and Light Repair Services RFP No. 21-CM01 December 4, 2020 Envelope #2 Cost Proposal – Speed Auto Repair Service Requirements Estimated Yearly Quantity Fixed Cost Per Unit Total Regular Oil Change <25 minutes 120 $25.00 $3,000.00 Synthetic Oil Change <25 minutes 40 $45.00 $1,800.00 Synthetic Oil Change (Over 60 Qts) Transmission Flushes 50 $189.00 $9,450.00 Coolant Flush 30 $115.00 $3,450.00 Fuel Induction Service 40 $99.00 $3,960.00 Differential Service (front/rear) $159.95 O2 Sensors $195.00 Timing Chain $1,300.00 Water Pump (SUV) $1,250.00 Fan Belt $145.00 Tune-Up (wires,plugs) 60 $220.00 $13,200.00 Fuel Rail 15 $414.00 $6,210.00 Air Filter 50 $15.00 $750.00 Cabin Air Filter $29.95 Mass Air Flow Sensor 12 $167.00 $2,004.00 ABS Module 12 $720.00 $8,640.00 Radiator Replacement 14 $810.00 $11,340.00 Tire Pressure Sensors $90.00 Mount/Balance/Install Tires $20.00 Alignment 4 Wheel $89.95 Tire Rotation $20.00 21-CM01 COST PROPOSAL Service Requirements Estimated Yearly Quantity Fixed Cost Per Unit Total Front Control Arm 5 $315.00 per side $1,575.00 Shocks and Struts 10 $700.00 (front) $500.00 (rear) $6,000.00 Battery Replacement 20 $125.00 $2,500.00 Bulbs Headlight 25 $26.00 $650.00 Bulbs Taillights 50 $12.00 $600.00 Bulbs Blinkers 50 $12.00 $600.00 Windshield Wipers 80 $23.00 $1,840.00 Brakes 50 $144.00 $7,200.00 Rotors 10 $292.00 $2,920.00 Brake Fluid Flush (every 12 months) $99.95 AC Fan Motor 10 $248.00 $2,480.00 AC Flush 10 $117.00 $1,170.00 Alternator 10 $472.50 $4,725.00 Belt Tensioner $200.00 Coolant Fan 10 $630.00 $6,300.00 100,000 Mile Service 35 $450.00 $15,750.00 Emissions Testing $20.00 Motor Mounts $900.00 (all) GRAND TOTAL $118,140.00 21-CM01-COST PROPOSAL In addition to the above services, please provide the rate per hour schedule for services not covered above: ƒBusiness Hours Rate $105.00 Written in words $105 per hour for labor ƒAfter Hours Rate $105.00 Written in words $105 per hour for labor Please describe your hours of operation and how it meets our priority service requirements: We have two locations that are open Monday through Friday from 7AM to 6PM. Our Roswell location is also open on Saturday from 8AM to 4PM. We also have a key drop box so you can drop your vehicle at after hours if you would prefer. We also offer loaner cars or shuttle service. Additionally, we have a total of 18 bays to service your fleet. We also offer online appointment booking and we will work with the City to ensure all repairs and maintenance work is done in a timely manner and we WILL meet the following expectations: ƒOil changes in 25 minutes or less ƒTires installed, balanced and aligned in 45 minutes or less ƒAll lights checked on every service call (except light bar/emergency lights) and repaired. ƒTransmission flush completed in 45 minutes or less ƒAll other services “as soon as possible” Print/Type Company Name Here: Speed Auto Repair Authorized Signature: Date: 12/04/2020 Print/Type Name: Jim Brown Print/Type Title: Owner Vehicle Maintenance and Repair Agreement | 22 EXHIBIT “C” See Exhibits “A” and “B” GEORGIA FULTON               x{JwJHtpYeV{pXZo{EP\IEuYp{pXJ{teIJloYVeJI{otGHfeplEHpfl{uJlYM\Jo{Ypo{HfdhbYEeHJ{vYpX{%    {z{ {opEpYeV{EP]ldEpYuJbx{pXEp{pXJ{YeIZuZItEb{M\ld{fl{HflhflEpYfe{vXYHX{Zo{JeVEVJI{Ze{pXJ{hXxoYHEc{ hJlSldEeHJ{fL{oJluYHJo{teIJl{E{HfeplEHp{vYpX{)iJJI{tpf{'JjEYl{!!{eEdJ{fL{HfeplEHpfl{fe{GJXEcL{fL{ pXJ{Ypx{fL{"Zbpfe{JflVYE{XEo{lJVYopJlJI{vYpX{Yo{EtpXflYyJI{pf{toJ{EeI{toJo{pXJ{MKIJlEc{vfla{ EtpXflYyEpYfe{hlfVlEd{Hfddfecx{aefve{Eo{ -JlYU{fl{Eex{otGoJktJep{lJhbEHJdJep{hlfVlEd{Ze{ EHHflIEeHJ{vYpX{pXJ{EhhbYHEGcJ{hlfuYoZfeo{EeI{IJEIbYeJo{JopEGbZoXJI{Ye{%    {z{ { tlqXJldflJ{pXJ{teIJloYVeJI{otGHfeplEHpfl{vYcb{HfepZetJ{pf{toJ{pXJ{MKIJlEc{vfla{EtpXflYyEpYfe{hlfVlEd{ pXlftVXftp{pXJ{HfeplEHp{hJlZfI{EeI{pXJ{teIJloYVeJI{otGHfeplEHpfl{vZcb{HfeplEHp{Mgl{pXJ{hXxoYHEb{ hJlSldEeHJ{fL{oJnuYHJo{Ye{oEpYoMFHpZfe{fL{otHX{HfeplEHp{febx{vYpX{otGotGHfeplEHpflo{vXf{hlJoJep{Ee{ EP]IEuYp{pf{pXJ{otGHfepnEHpfl{vYpX{pXJ{ZeMgldEpYfe{lJktYlJI{Gx{%    {z{G { IIYpYfeEbbx{pXJ{ teIJloYVeJI{otGHfeplEHpfl{vYbc{MglvElI{efpYHJ{fL{pXJ{lJHJZhp{fL{Ee{EP]IEuYp{Tfd{E{otGotGHfeplEHpfl{pf{ pXJ{HfeplEHpfl{vYpXZe{M]uJ{{GtoYeJoo{IExo{fLlJHJYhp{ L{pXJ{teIJloZVeJI{otGHfeplEHpfl{lJHJYuJo{efpYHJ{ pXEp{E{otGotGHfeplEHpfl{XEo{lJHJYuJI{Ee{EP\IEuYp{Tfd{Eex{fpXJl{HfeplEHpJI{otGotGHfeplEHpfl{pXJ{ teIJloYVeJI{otGHfeplEHpfl{dtop{SlvElI{vZpXYe{M]uJ{{GtoZeJoo{IExo{fLlJHJZhp{E{Hfhx{fL{pXJ{efpYHJ{pf{ pXJ{HfeplEHpfl { )tGHfeplEHpfl{XJlJGx{EppJopo{pXEp{Zpo{OIJlEc{vfla{EtpXflYyEpYfe{toJl{ZIJepZRHEpYfe{etdGJl{EeI{IEpJ{fL{ EtpXflZyEpZfe{ElJ{Eo{Mgcbfvo{ JIJlEb{.fla{tpXflYyEp[fe{+oJl{IJepZN^HEpYfe{ #tdGJl{ EpJ{fL{tpXflZyEpYfe{ #EdJ{fL{feplEHpfl{ Yr{-JXYHbJ{"EYepJeEeHJ{EeI{!YWXp{'JjEYlo{ #EdJ{fL{&lf_JHp{ Ys{fL{"Ycpfe{JflWZE{ #EdJ{fL{&tGcZH{dhbfxJl{ {XJlJGx{IJHcElJ{teIJl{hJeEbpx{fL{hJm`tlx{pXEp{pXJ{ SlJVfYeV{Yo{pntJ{EeI{HfllJHp { wJHtpJI{fe{2345{{6{Ze{ 789:;:<={HZpx{>6{opEpJ { )YVeEptlJ{fL{tpXflZyJI{%QHJl{fl{VJep{ &lZepJI{#EdJ{EeI{*YpcJ{fL{tpXflYyJI{%P]HJl{fl{ VJep{ ),)({${).%(#{%'{"{ %#{* ){*{?@{/{%{ A2BC33D{{ #%*'/{&+!{ 0#%*'/{)!1{ "x{fddZooYfe{whYlJo{              "N/A" Vehicle Maintenance and Repair Agreement | 25 EXHIBIT “F” RESERVED