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Agenda Packet - CC - 08/16/2021
2006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. Joe Lockwood, Mayor CITY COUNCIL Peyton Jamison Paul Moore Laura Bentley Carol Cookerly Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Monday, August 16, 2021 Regular Council Meeting 6:00 PM INVOCATION – Rabbi Bernstein, Chaplain – City of Milton Fire 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 21-235) 5) PUBLIC COMMENT (General) MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 16, 2021 Page 2 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 6) CONSENT AGENDA 1. Approval of the June 2, 2021 Special Called City Council Meeting Minutes. (Agenda Item No. 21-236) (Tammy Lowit, City Clerk) 2. Approval of the August 2, 2021 Special Called City Council Meeting Minutes. (Agenda Item No. 21-237) (Tammy Lowit, City Clerk) 3. Approval of the August 2, 2021 Regular City Council Meeting Minutes. (Agenda Item No. 21-238) (Tammy Lowit, City Clerk) 4. Approval of the August 9, 2021 Special Called City Council Meeting Minutes. (Agenda Item No. 21-239) (Tammy Lowit, City Clerk) 5. Approval of the Financial Statements and Investment Report for the Period Ending June 2021. (Agenda Item No. 21-240) (Bernadette Harvill, Asst. City Manager) 6. Approval of a Construction Services Agreement between the City of Milton and Wilson Construction Management LLC for the Repair of a Sinkhole Located in the Road at 775 Bethany Green Court. (Agenda Item No. 21-241) (Sara Leaders, Acting Public Works Director) 7. Approval of a Construction Services Agreement between the City of Milton and Conditioned Air Systems, Inc. for Installation of a Trane Ductless Split System in the Court Chambers’ Server Room. (Agenda Item No. 21-242) (Stacey Inglis, Deputy City Manager) 8. Approval of a Construction Services Agreement between the City of Milton and Conditioned Air Systems, Inc. for Daikin Ductless Minisplit Installation in the City Hall Server Room. (Agenda Item No. 21-243) (Sara Leaders, Acting Public Works Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 16, 2021 Page 3 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 9. Approval of a Memorandum of Understanding between the City of Milton Police Department and the National Sherriff’s Association for Participation in the NSA’s ‘Justice Reinvestment Initiative (JRI): Reducing Violent Crime” Grant to Reduce Violent Crime and Recidivism and Produce Improvement Through Data Sharing (RAPIDS). (Agenda Item No. 21-244) (Chief Rich Austin, Police Chief) 10. Approval of a Services Agreement between the City of Milton and Capital City Electrical Services, LLC for On-Call Electrical Services. (Agenda Item No. 21-245) (Sara Leaders, Acting Public Works Director) 11. Approval of a Services Agreement between the City of Milton and Meer Electrical Services, Inc. for On-Call Electrical Services. (Agenda Item No. 21-246) (Sara Leaders, Acting Public Works Director) 12. Approval of a Separation Agreement for Dale Hall. (Agenda Item No. 21-247) (Sam Trager, Human Resource Director) 13. Approval of a Professional Services Agreement with Practical Design Partners for Preliminary Design of Mayfield Road for Sidewalk Extension. (Agenda Item No. 21-248) (Sara Leaders, Acting Public Works Director) 14. Approval of Subdivision Plats and Revisions. Name of Development / Location Action Comments / # lots Total Acres Density 1. Ridgeway Dinsmore Road LL 476 & 533 Dist. 2 Sect. 2 Minor Plat Enlarge the size of Lot 2 (existing) to comply with zoning requirements to meet minimum lot square footage. 2.199 Acres 0.91 Lots / Acre (Agenda Item No. 21-249) (Robert Buscemi, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 16, 2021 Page 4 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 7) REPORTS AND PRESENTATIONS 8) FIRST PRESENTATION 9) PUBLIC HEARING (None) 10) ZONING AGENDA (None) 11) UNFINISHED BUSINESS 12) NEW BUSINESS 1. Consideration of a Resolution Authorizing the Transmittal of a Draft Capital Improvements Element (CIE) 2021 Annual Update Relating to the City’s Impact Fee Program to the Atlanta Regional Commission (ARC) for Regional and State Review. (Agenda Item No. 21-250) (Robert Buscemi, Community Development Director) 2. Approval of Subdivision Plats and Revisions. (Agenda Item No. 21-251) (Robert Buscemi, Community Development Director) 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Parks and Recreation Information Services Community Development Name of Development / Location Action Comments / # lots Total Acres Density 2. Lyndon Creek Cogburn Road LL 690 & 751 Dist. 2 Sect. 2 Final Plat 11 Single-Family Lots 14.33 Acres 0.77 lots / Acre MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 16, 2021 Page 5 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 21-252) CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 10, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of the Financial Statements and Investment Report for the Period Ending June 2021. MEETING DATE: Monday, August 16, 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 August 16, 2021 X To: Honorable Mayor and City Council Members From: Bernadette Harvill, Assistant City Manager Date: Submitted on August 10, 2021 for the August 16, 2021 Regular Council Meeting Agenda Item: Financial Statements & Investment Report for Period 9 – June 2021 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 2.41% over what is anticipated for the ninth period of the fiscal year. Total expenditures to-date are $24,024,109 and are 6.72% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $24,840,242, capital expenditures-to- date total $5,030,337. Please note that the financial statements for capital related funds include current encumbrances. This will provide a clear picture of future commitments of resources prior to an actual payment being made. 1 of 14 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending June 2021 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 12,814,184 3,654 53,653 (49,999) 12,712,754 12,608,178 104,577 Motor Vehicle Tax 1,401,799 137,922 141,645 (3,723) 956,850 936,199 20,651 Intangible Tax 891,000 83,601 74,250 9,351 650,131 594,000 56,131 Real Estate Transfer Tax 200,000 31,788 16,667 15,121 184,284 133,333 50,951 Franchise Fees 2,363,124 95,730 - 95,730 1,431,219 1,443,212 (11,993) Local Option Sales Tax 9,483,931 851,824 790,328 61,497 6,480,028 6,322,621 157,408 Alcohol Beverage Excise Tax 300,000 48,176 24,900 23,276 258,491 199,200 59,291 Fireworks Excise Tax 250 - - - - - - Business & Occupation Tax 800,000 8,216 4,000 4,216 776,064 784,000 (7,936) Insurance Premium Tax 2,600,000 - - - - - - Financial Institution Tax 50,000 - - - 49,724 50,000 (276) Penalties & Interest 36,900 3,261 4,192 (931) 40,673 30,025 10,648 Alcohol Beverage Licenses 175,000 4,360 875 3,485 180,889 172,375 8,514 Other Non-Business Permits/Licenses 40,000 1,256 3,282 (2,027) 30,563 29,742 821 Zoning & Land Disturbance Permits 72,500 2,815 6,040 (3,225) 67,940 54,360 13,580 Building Permits 670,000 70,693 109,167 (38,473) 342,305 342,500 (195) Intergovernmental Revenue 7,500 - 3,750 (3,750) 1,871 3,750 (1,880) Other Charges for Service 499,210 51,417 46,072 5,346 516,616 419,706 96,910 Municipal Court Fines 400,000 51,820 33,320 18,500 353,582 299,880 53,702 Interest Earnings 20,200 704 1,683 (979) 11,564 13,483 (1,920) Contributions & Donations 1,887 - - - 3,737 1,887 1,850 Other Revenue 182,658 11,385 12,108 (723) 153,204 147,727 5,477 Other Financing Sources 1,666,649 409 - 409 1,679,872 1,662,899 16,973 Total Revenues 34,676,792 1,459,033 1,325,931 133,102 26,882,359 26,249,078 633,282 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 161,081 8,326 9,592 (1,266) 90,595 116,472 (25,877) City Clerk 296,633 24,552 21,986 2,566 210,727 215,915 (5,188) City Manager 743,989 53,257 46,465 6,792 461,989 472,363 (10,374) General Administration 45,557 4,105 2,947 1,158 38,876 35,704 3,172 Finance 644,353 30,444 40,637 (10,192) 458,668 498,270 (39,601) Legal 335,000 17,669 28,040 (10,370) 184,513 251,284 (66,770) Information Technology 1,403,409 93,356 104,219 (10,863) 906,245 979,858 (73,613) Human Resources 384,640 22,759 27,553 (4,794) 263,246 293,485 (30,239) Risk Management 265,345 28,241 31,230 (2,990) 197,325 203,884 (6,559) General Government Buildings 325,126 14,565 19,516 (4,951) 212,340 242,083 (29,743) Communications 265,918 16,023 18,937 (2,914) 175,163 199,382 (24,219) Community Outreach & Engagement 186,569 13,121 15,896 (2,775) 122,576 140,847 (18,271) Municipal Court 355,108 23,147 24,531 (1,384) 239,248 241,350 (2,102) Police 5,214,440 348,519 365,157 (16,638) 3,646,263 3,869,501 (223,237) Fire 7,427,449 582,784 572,260 10,523 5,225,142 5,471,898 (246,756) Public Works 2,790,337 233,316 249,565 (16,249) 1,683,558 1,973,330 (289,772) Parks & Recreation (Active)1,308,786 87,362 144,801 (57,439) 668,250 950,545 (282,295) Passive Parks/Greenspace 288,603 10,144 12,957 (2,813) 34,939 127,706 (92,767) Community Development 1,829,987 104,890 143,930 (39,040) 1,100,667 1,332,044 (231,377) Economic Development 156,247 6,968 11,608 (4,640) 86,966 122,126 (35,160) Debt Service - - - - - - - Operating Transfers to Other Funds 14,287,082 2,090,090 2,090,090 - 8,016,812 8,016,812 - Operating Reserve 236,217 - - - - - - Total expenditures 38,951,876 3,813,638 3,981,916 (168,279)24,024,109 25,754,858 (1,730,749) Net Income/(Loss)(4,275,084)(2,354,605)2,858,250 Fund Balance - Beginning 13,114,251 13,114,251 Fund Balance - Ending 8,839,167 15,972,501 Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 of 14 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Crabapple Fest Vendor Fee 1,000$ 1,000$ 860$ 1,680$ 680$ Interest Revenues - - 1 5 5 Crabapple Fest Sponsor 7,500 - - - - Gas South Partnership - - 47 329 329 Total revenues 8,500$ -$ 1,000$ 908$ 2,014$ 1,014$ EXPENDITURES Current: Special Events 101,178$ 88,793$ 1,030$ 17,966$ 70,827$ Total Expenditures 101,178$ 88,793$ 1,030$ 17,966$ 70,827$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 24,000 20,000 2,700$ 16,230 (3,770) Total other financing sources and uses 24,000$ -$ 20,000$ 2,700$ 16,230$ (3,770)$ Net change in fund balances (68,678)$ (67,793)$ 278$ Fund balance - beginning 67,794 67,794 67,794 Fund balance - ending (884)$ (1)1$ 68,072$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2021 (1) COVID-19 continues to impact hotel/motel tax related revenues. FY 2020 revenues came in lower than anticipated and have been be offset by adjustments to expenditures in FY 2021 related to canceled events. 3 of 14 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ -$ Cash Confiscations/Fed Funds - - - - - Interest Revenues/State Funds - - 0 0 0 Interest Revenues/Federal Funds - - 1 7 7 Total revenues -$ -$ 1$ 7$ 7$ EXPENDITURES Current: Police -$ 3,033$ -$ 10,935$ (7,902)$ Total Expenditures -$ 3,033$ -$ 10,935$ (7,902)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances -$ (3,033)$ (10,927)$ Fund balance - beginning 99,238 99,238 99,238 Fund balance - ending 99,238$ 96,205$ 88,310$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2021 4 of 14 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES E-911 Fees 1,000,000$ 1,155,000$ 79,303$ 734,591$ (420,409)$ Total revenues 1,000,000$ 1,155,000$ 79,303$ 734,591$ (420,409)$ EXPENDITURES Current: Public Safety 1,000,000$ 1,155,000$ 79,303$ 734,591$ 420,409$ Total Expenditures 1,000,000$ 1,155,000$ 79,303$ 734,591$ 420,409$ Net change in fund balances -$ -$ -$ Fund balance - beginning - - - Fund balance - ending -$ -$ -$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2021 5 of 14 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues CARES Act -$ 1,651,603$ -$ 1,651,603$ -$ Interest Revenues - 46 - 46 - Total revenues -$ 1,651,649$ -$ 1,651,649$ -$ EXPENDITURES Current: General Administration -$ -$ -$ -$ - Total Expenditures -$ -$ -$ -$ -$ Excess of revenues over expenditures -$ 1,651,649$ -$ 1,651,649$ -$ OTHER FINANCING SOURCES (USES) Transfers Out to General Fund -$ (1,651,649)$ -$ (1,651,649)$ -$ Budgeted Fund Balance - - - - - Total other financing sources and uses -$ (1,651,649)$ -$ (1,651,649)$ -$ Net change in fund balances -$ - -$ Fund balances - beginning - - - Fund balances - ending -$ -$ -$ City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2021 6 of 14 Original Budgeted Amounts Final Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 24,000$ 20,000$ 2,700$ 16,230 (3,770)$ Total revenues 24,000$ 20,000$ 2,700$ 16,230$ (3,770)$ OTHER FINANCING SOURCES (USES) Transfers out to Special Events Fund 24,000$ 20,000$ 2,700$ 16,230 (3,770)$ Total other financing sources and uses 24,000$ 20,000$ 2,700$ 16,230$ (3,770)$ Net change in fund balances -$ - -$ Fund balance - beginning - - - Fund balance - ending -$ -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2021 7 of 14 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 110,000$ 110,000$ 1,988$ 74,324$ 74,324$ (35,676)$ Infrastructure Maint Penalty & Interest - - 301 470 470 470 Mayfield Rd Stormwater Facility Assessment - 45,722 - 45,722 45,722 - Tree Recompense - - - - - - Landfill Use Fees 45,000 45,000 - 24,421 24,421 (20,579) Interest Revenue - - 49 398 398 398 Other Misc Revenue - 45,528 - 45,528 45,528 - Insurance Proceeds/Public Safety - 25,662 - 25,662 25,662 - Total revenues 155,000$ 271,912$ 2,338$ 216,526$ 216,526$ (55,386)$ EXPENDITURES Capital Outlay General Admin 13,762$ 27,413$ -$ 27,413$ 27,413$ -$ Finance 61,665 61,665 - - - 61,665 Information Services 68,914 68,914 - - - 68,914 General Govt Bldg 92,000 92,000 - 169 169 91,831 Police 404,849 430,511 - 181,155 354,191 76,320 Fire 1,238,489 2,655,561 645 340,862 513,491 2,142,070 Public Works 9,115,109 10,435,109 595,061 4,194,283 6,141,516 4,293,593 Parks & Recreation (Active)3,531,503 7,531,503 2,425 68,149 141,058 7,390,445 Passive Parks/Greenspace 1,680,222 2,725,943 18,925 19,201 998,504 1,727,439 Community Development 747,622 811,622 26,237 199,106 392,138 419,485 Total Capital Outlay 16,954,136$ 24,840,242$ 643,292$ 5,030,337$ 8,568,479$ 16,271,763$ Excess of revenues over expenditures (16,799,136)$ (24,568,330)$ (640,955)$ (4,813,811)$ (8,351,953)$ (16,327,149)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 4,927,056$ 12,637,056$ 1,952,588$ 6,779,292$ 6,779,292$ (5,857,764)$ Transfer out to TSPLOST Fund - (45,528) - (45,528) (45,528) - Contingencies (148,021) (48,132) - - - 48,132 Total other financing sources and uses 4,779,035$ 12,543,396$ 1,952,588$ 6,733,764$ 6,733,764$ (5,809,632)$ Net change in fund balances (12,020,101)$ (12,024,935) 1,919,953$ (1,618,189)$ Fund balance - beginning 12,039,016 12,039,016 12,039,016 12,039,016 Fund balance - ending 18,916$ 14,082$ 13,958,969$ 10,420,827$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2021 8 of 14 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Real Property Tax-Current Year 1,531,461$ 1,610,170$ 2,125$ 1,601,307$ 1,601,307$ (8,863)$ Real Property Tax-Prior Year 500 6,700 35 6,989 6,989 289 Public Utility Tax-Current Year 11,808 11,349 39 11,359 11,359 10 Personal Property Tax-Current Year 23,268 23,268 37 21,574 21,574 (1,694) Personal Property Tax-Prior Year - 500 66 474 474 (26) Motor Vehicle Tax 4,200 5,292 361 3,540 3,540 (1,752) Penalties & Interest - Real Property 1,500 1,500 168 3,100 3,100 1,600 Penalties & Interest - Personal Property - - 27 146 146 146 Interest Revenue (Regions)9,000 500 42 334 334 (166) Interest Revenue (SunTrust)- - 2 45 45 45 Total revenues 1,581,737$ 1,659,279$ 2,902$ 1,648,867$ 1,648,867$ (10,412)$ EXPENDITURES Capital Outlay Passive Parks/Greenspace 5,030,175$ 5,017,854$ -$ 2,337$ 49,598$ 4,968,256$ Fiscal Agent's Fees 1,306 1,306 - 1,306 1,306 - Bond Principal 895,000 895,000 - 895,000 895,000 - Bond Interest 816,125 816,125 - 816,125 816,125 - Total Capital Outlay 6,742,607$ 6,730,286$ -$ 1,714,768$ 1,762,029$ 5,015,518$ Excess of revenues over expenditures (5,160,870)$ (5,071,007)$ 2,902$ (65,901)$ (113,162)$ 5,005,106$ Net change in fund balances (5,160,870)$ (5,071,007) (65,901)$ (113,162)$ Fund balance - beginning 5,247,816 5,247,816 5,247,816 5,247,816 Fund balance - ending 86,946$ 176,809$ 5,181,915$ 5,134,653$ City of Milton Greenspace Bond Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2021 9 of 14 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Transportation Local Option Sales Tax 6,000,000$ 6,868,450$ 604,418$ 4,797,836$ 4,797,836$ (2,070,614) Interest Revenues - - 45 304 304 304 Realized Gain or Loss (GA Fund 1)72,000 10,200 429 6,216 6,216 (3,984) Total revenues 6,072,000$ 6,878,650$ 604,891$ 4,804,355$ 4,804,355$ (2,074,295)$ EXPENDITURES Capital Outlay Public Works 22,996,046$ 25,311,574$ 608,031$ 2,899,308$ 6,315,961$ 18,995,612 Total Capital Outlay 22,996,046$ 25,311,574$ 608,031$ 2,899,308$ 6,315,961$ 18,995,612$ Excess of revenues over expenditures (16,924,046)$ (18,432,924)$ (3,140)$ 1,905,048$ (1,511,606)$ 16,921,318$ OTHER FINANCING SOURCES (USES) Transfers in from Capital Projects Fund -$ 45,528$ -$ 45,528$ 45,528$ -$ Transfers in from Capital Grant Fund - 655,000 - 655,000 655,000 - Total other financing sources and uses -$ 700,528$ -$ 700,528$ 700,528$ -$ Net change in fund balances (16,924,046)$ (17,732,396)$ 2,605,576$ (811,078)$ Fund balance - beginning 17,777,064 17,777,064 17,777,064 17,777,064 Fund balance - ending 853,018$ 44,668$ 20,382,640$ 16,965,986$ City of Milton Transportation Local Option Sales Tax (TSPLOST) Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2021 10 of 14 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Assistance to Firefighters Grant 81,573$ 81,573$ -$ 82,397$ 82,397$ 824$ Recreation Trail Program 192,228 192,228 - 2,228 2,228 (190,000) Land & Water Conservation Grant 200,000 200,000 - 11,975 11,975 (188,025) LMIG Funds 440,000 392,419 - 392,419 392,419 - LMIG-SAP Funds - - 116,000 116,000 116,000 116,000 Smart Communities 44,078 44,078 - 44,078 44,078 - Trail Connection to Big Creek Greenway 392,800 392,800 - 32,091 32,091 (360,709) Interest Revenues - - 3 43 43 43 Total revenues 1,350,679$ 1,303,098$ 116,003$ 681,231$ 681,231$ (621,867)$ EXPENDITURES Fire 90,637$ 90,637$ -$ 90,637$ 90,637$ -$ Public Works 1,647,796 945,215 - 552,796 940,715 4,500 Parks & Recreation 586,188 586,188 15,981 76,534 817,502 (231,314) Community Development 1,032 1,032 - 180 1,055 (23) Total Capital Outlay 2,325,653$ 1,623,072$ 15,981$ 720,147$ 1,849,910$ (226,838)$ Excess of revenues over expenditures (974,974)$ (319,974) 100,022$ (38,916)$ (1,168,679)$ (848,705)$ OTHER FINANCING SOURCES (USES) Transfer Out toTSPLOST Fund -$ (655,000)$ -$ (655,000)$ (655,000)$ -$ Budgeted Fund Balance - - - - - - Total other financing sources and uses -$ (655,000)$ -$ (655,000)$ (655,000)$ -$ Net change in fund balances (974,974)$ (974,974)$ (693,916)$ (1,823,679)$ Fund balance - beginning 975,930 975,930 975,930 975,930 Fund balance - ending 955$ 955$ 282,014$ (847,749)$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2021 11 of 14 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Admin Fund 30,000$ 30,000$ 678$ 20,901$ 20,901$ (9,099)$ Law Enforcement Fund 13,000 13,000 285 9,286 9,286 (3,714) Fire Fund 72,500 72,500 1,631 53,211 53,211 (19,289) Road Fund 110,000 110,000 2,035 93,484 93,484 (16,516) Park Fund 650,000 650,000 18,645 540,714 540,714 (109,286) Interest Revenues/Admin Fund - - 1 6 6 6 Interest Revenues/Law Enforcement Fund - - 0 3 3 3 Interest Revenues/Fire Fund - - 2 15 15 15 Interest Revenues/Road Fund - - 2 24 24 24 Interest Revenues/Park Fund - - 21 155 155 155 Total revenues 875,500$ 875,500$ 23,299$ 717,799$ 717,799$ (157,701)$ EXPENDITURES General Government Buildings 13,000$ 13,597$ -$ -$ -$ 13,597$ Fire 381,632 386,856 - - - 386,856 Public Works 110,000 117,518 - - - 117,518 Parks & Recreation (Active)2,420,255 2,486,524 - - - 2,486,524 Community Development 76,878 79,122 - - 39,824 39,298 Total Capital Outlay 3,001,766$ 3,083,617$ -$ -$ 39,824$ 3,043,793$ Excess of revenues over expenditures (2,126,266)$ (2,208,117) 23,299$ 717,799$ 677,975$ 2,886,091$ Net change in fund balances (2,126,266)$ (2,208,117) 717,799$ 677,975$ Fund balance - beginning 2,208,117 2,208,117 2,208,117 2,208,117 Fund balance - ending 81,851$ -$ 2,925,915$ 2,886,091$ City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2021 12 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Interest Revenues (Regions)-$ 40$ 344$ 344$ 344$ Total revenues -$ 40$ 344$ 344$ 344$ EXPENDITURES Capital Outlay General Government Buildings 130,360$ -$ 129,994$ 129,994$ 366$ Fire 3,745,300 2,696 172,939 337,180 3,408,120 Fiscal Agent's Fees 1,807 - 1,806 1,806 1 Bond Principal 770,000 - 770,000 770,000 - Bond Interest 878,219 429,484 878,219 878,219 0 Total Capital Outlay 5,525,687$ 432,180$ 1,952,958$ 2,117,200$ 3,408,487$ Excess of revenues over expenditures (5,525,687)$ (432,141)$ (1,952,613)$ (2,116,855)$ 3,408,832$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 1,650,026$ 137,502$ 1,237,520$ 1,237,520$ (412,507)$ Total other financing sources and uses 1,650,026$ 137,502$ 1,237,520$ 1,237,520$ (412,507)$ Net change in fund balances (3,875,661)$ (715,094)$ (879,336)$ Fund balance - beginning 3,984,697 3,984,697 3,984,697 Fund balance - ending 109,036$ 3,269,603$ 3,105,361$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2021 13 of 14 Amount Percent Yield Money Market - Quantum Bank 5,394,405 14%0.04% GA Fund 1 18,137,988 47%0.04% GA Fund 1 (TSPLOST)14,865,880 39%0.04% Grand Total Investment Portfolio 38,398,274 100% Current Month YTD Current Month YTD Interest earned 690 11,399 429 6,216 Budgeted interest 1,667 15,000 850 7,650 Variance over/(under)(977) (3,601) (421) (1,434) General Fund TSPLOST Fund City of Milton Investment Portfolio Month Ending June 30, 2021 14 of 14 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 10, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Wilson Construction Management LLC for the Repair of a Sinkhole Located in the Road at 775 Bethany Green Court. MEETING DATE: Monday, August 16, 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 August 16, 2021 X X X To: From: Date: Agenda Item: Honorable Mayor and City Council Members Sara Leaders, PE, Acting Public Works Director Submitted on July 24, 2021 for the August 16, 2021 Regular City Council Meeting Approval of a Construction Services Agreement between the City of Milton and Wilson Construction Management LLC for the Repair of a Sinkhole Located in the Road at 775 Bethany Green Court. _____________________________________________________________________________________ Project Description: The Contractor will be providing road and stormwater structure repair around 775 Bethany Green Court. The contractor will be repairing the sinkhole that developed in front of the catch basin at 775 Bethany Green Court as well as the depression at the catch basin directly across the street. This includes all materials, labor, and equipment to complete this work. Procurement Summary: Purchasing method used: 3 Written Quotes ($5,000-$49,999) Account Number: 300-4101-522250000 Requisition Total: $17,773.53 Financial Review: Bernadette Harvill, July 29, 2021 Legal Review: Dennis Bost, Jarrard & Davis LLP – July 16, 2021 Attachment: Construction Services Agreement 1 Construction Services Agreement | Version 1.0 CONSTRUCTION SERVICES AGREEMENT Bethany Green Stormwater Repair 775 Bethany Green Court, Milton GA This Construction Services Agreement (the “Agreement”) is made and entered into this ___day of ____, 20___ (the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Milton City Council (hereinafter referred to as the “City”), and Wilson Construction Management, LLC., a Georgia limited liability company hereinafter referred to as the “Contractor”), collectively referred to herein as the "Parties”. W I T N E S S E T H: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project, as defined below; and WHEREAS, the City solicited bids for construction of the Project pursuant to the Request for bids, dated June 14, 2021 attached hereto as “Exhibit A” and incorporated herein by reference; and WHEREAS, the Contractor submitted a complete and timely bid, attached hereto as “Exhibit B” and incorporated herein by reference, and met all bid requirements such that the City awarded Project Number QR 21-PW17 to the Contractor; and WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, the Contractor has represented that it is qualified by training and experience to perform the Work; and WHEREAS, based upon Contractor’s bid, the City has selected Contractor as the successful bidder, and WHEREAS, Contractor desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulationsthat may in any manner affect cost, progress or performance of Work, and Contractor is aware that it must be licensed to do business in the State of Georgia. NOW THEREFORE, for and in consideration of the mutual promises. the public purposes, and the acknowledgements and agreements contained herein and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows. Section 1. Contract Documents This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the "Contract Documents": A. Request for Bids, attached hereto as "Exhibit A"; B. Bid Documents from Contractor, dated June 18, 2021 attached hereto as "Exhibit 577. C. Scope of Work, attached hereto as "Exhibit C"; D. Required Performance Bond and Payment Bond, attached hereto collectively as "Exhibits DA and D.2"; E. Noncollusion Affidavit of Prime Bidder, attached hereto as "Exhibit E"; F. Final Affidavit, attached hereto as "Exhibit F": G. Alien Employment affidavits, attached hereto as "Exhibits G.1 and 6.277; H. Plans, drawings and specifications, attached hereto collectively as "Exhibit H7'; 1. Additional Payment/Retainage Requirements, attached hereto as "Exhibit V; J. Key Personnel, attached hereto as "Exhibit J", K� Contract Administration provisions (if issued), attached hereto as "Exhibit K"; L. General Conditions (if issued), attached hereto as "Exhibit L"; M. Supplementary Conditions (if issued), attached hereto as "Exhibit M"; N. City of Milton Code of Ethics (codified in the official Code of the City of Milton); Q. The following, which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Change Orders (defined in Section 6 below), other written amendments, and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties. Construction Set -vices Agreement I Version 1.St Section Z. Pra•ect Description; Architect; -Engineer; Contract Administrator A. Pr_oi ect. A general description of the Project is as follows: The Contractor will be repairing the sinkhole that has fanned around the stormwater structures located at and across from 775 Bethany Green Court in Milton, Georgia, (the "Project'). A third -party Architect or Engineer (as identified below) has not been retained related to this Project. B. Architect/Engineer (if any). (i) Architect [if applicable]. The Project has been designed by NIA (hereinafter referred to as the "Architect"). The Architect will have authority to act on behalf of the City only to the extent provided in the Contract Documents, unless otherwise modified in accordance with the provisions of this Agreement. (ii) En�eer [i f applicable]. The Project has been designed by NIA (hereinafter referred to as the "Engineer"). The Engineer will have authority to act on behalf of the City only to the extent provided in the Contract Documents, unless otherwise modified in accordance with the provisions of this Agreement. C. Contract Administrator. The Contract Administrator for this Agreement shall be: Matthew Fallstrom, Capital Projects Manager. Section 3. The Work A. The Work. The Work to he completed under this Agreement (the "Work") includes. but shall not be limited to, the work described in the Scope of Work provided in "Exhibit C", attached hereto and incorporated herein by reference. The Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The tern "reasonably inferable" takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete instatlati❑n and operation of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents. In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. R. Notice to Proceed. The City will issue a Notice to Proceed, which Notice to Proceed shall state the: dates for beginning Work ("Commencement Date") and the Expected Date of Final Completion (defined in Section 4(A) below). Unless Construction Services Agreement I Version 1.a otherwise approved, the Contractor shall perform its obligations under this Agreement as expeditiously as is consistent with reasonable skill and care and the orderly progress of the Work. C. Plans, ❑rawin s and S ecifications, The plans, drawings and specifications provided in "Exhibit H", attached hereto, are hereby acknowledged by the Parties and incorporated herein by reference. D. Shop Drawings, Product Data, and Samples. Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents, but must be in conformity therewith. The purpose of their submittal is to demonstrate, for those portions of the Work for which submittals are required by the Contract Documents, the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. (i) "Shop Drawings" are drawings, diagrams, schedules and other data specifically prepared for the Work by the Contractor or a subcontractor, sub -subcontractor, manufacturer, supplier or distributor to illustrate: some portion of the Work. (ii) "Product Data" are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. (iii) "Samples" are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. The Contractor shall review for compliance with the Contract Documents and shall approve and submit to the Contract Administrator Shop Drawings, Product Data. Samples, and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the City or of separate: contractors. By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. Submittals which are not marked as reviewed for compliance with the Contract Docuinciits axed approved by the Contractor may be returned by the Contract Administrator without action. The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved in writing by the Contract Administrator, provided that submittals that are not required by the Contract Documents may be returned without action. The Work shall be completed in accordance with approved submittals, provided Constructiou Services A-Rreement i Version 1.0 that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Docutments by the Contract Administrator's approval of Shop Drawings, Product Data, Samples or similar submittals, unless the Contractor has specifically informed the Contract Administrator in writing of such deviation at the time of submittal and (1) the Contract Administrator has given written approval to the specific deviation as a minor change in the Work, or (2) a written Change Order has been issued and approved to authorize the deviation. The Contract Administrator's approval of the Shop Drawings, Product Data, Samples or similar submittals shall not relieve the Contractor of responsibility for errors or omissions therein. The Contractor shall, in writing or on resubmitted Shap Drawings, Product Data, Samples or similar submittals, direct the Contract Administrator's attention to any additional revisions included other than those requested by the Contract Administrator on previous submittals. in the absence of such written notice drawing the Contract Administrator's attention to such additional revisions, the Contract Administrator's approval of a resubmission shall not apply to such additional revisions. The Contractor shall maintain at the Project site(s) one record copy of the Contract Documents in good order and marked currently to record held changes and selections made during construction and one record copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These documents shall be available to the City and Contract Administrator and shall be delivered to the Contract Administrator or City upon completion of the Work. Section 4. Contract Term • Li uidated Damages, Expedited Completion, • Partial Occupancy or Use A. Contract Tenn. The term of this Agreement ("Term") shall commence on the Effective Date and continue until final completion and payment for the Work or the proper tennination and non -renewal of this Agreement (provided that certain obligations, including but not limited to Warranty obligations, will survive termination/expiration of this Agreement). Contractor warrants and represents that it will perform its Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The Contractor shall commence Work pursuant to this Agreement within ten (10) calendar days of the Commencement Date provided by the City, and the Work shall be completed within thirty (30) calendar days from the Notice to Proceed issued by the City (the "Expected Date of Final Completion"). Every effort will be made by Contractor to shorten this period. if unusual weather affects the required completion schedule. the City and the Contractor will negotiate a new completion date. If the Term of this Agreement continues beyond the fiscal year in which this Agreement is executed, the Parties agree that this Agreement, as required by O.C.G,A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on September 30 each fiscal year of the Term, and further, that this Agreement shall automatically renew on October 1 of each subsequent fiscal year absent the City's provision of Construction Services Agreement I Version 1.0 written notice of non -renewal to Contractor at least five (5) calendar days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by the City. B. Time is of the Essence; Liquidated Damages. Contractor specifically acknowledges that TIME 1S OF THE ESSENCE of this Agreement and that City will suffer financial loss if the Work is not completed in accordance with the deadlines specified in Section 4(A) above and within the Contract Documents. The City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City if the Work is not completed within the specified times. Accordingly, instead of requiring any such proof, the City and Contractor agree that, as liquidated damages for delay (but not as a penalty), the Contractor shall pay to the City n/a and (101100 Dollars .00 for each and every calendar day that expires after a deadline provided in the Contract Documents. C. Expediting Completion. The Contractor is accountable for completing the Work within the time period provided in the Contract Documents. If, in the judgment of the City, the Work is behind schedule and the rate of placement of work is inadequate to regain scheduled progress to ensure timely completion of the entire Work or a separable portion thereof, the Contractor, when so informed by the City, shall immediately take action to increase the rate of work- placement by: (1) An increase in working forces; (2) An increase in equipment or tools, (3) An increase in hours of work or number of shifts; (4) Expediting delivery of materials; and/or (5) Other action proposed if acceptable to City. Within five (5) calendar days ager such notice from City that the Work is behind schedule, the Contractor shall notify the City in writing of the speci Fic measures taken and/or planned to increase the rate of progress. The Contractor shall include an estimate as to the date of scheduled progress recovery. Should the City deem the plan of action inadequate, the Contractor shall take additional steps to make adjustments as necessary to its plan of action until it meets with the City's approval and such approval is provided in writing by the City. D, Partial Occupancy or Use. The City may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement between the City and Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the City and. Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and Constrl.LC60I1 Services Afreement j Version 1.0 insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. Immediately prior to such partial occupancy or use, the City, Contractor and Contract Administrator shall jointly inspect the area to be occupied, or portion of the Work to be used, in order to detennine and record the condition of the Work. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. Section 5. Contractor's Compensation; Time and Method of Payment A. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $17,773.53 (the "Maximum Contract price"), except as audined in Section 6 below. The compensation for Work performed shall be based upon a lump sum, and Contractor represents that the Maximum Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. B. Additional Payment Requirements. Additional payment requirements are included as "Exhibit I", attached hereto and incorporated herein by reference_ C. Material Deviations. Any material deviations in tests or inspections performed, or times or locations required to complete such tests or inspections, and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through written Changc Orders, as described in Section 6 below. Whenever the Contract Administrator considers it necessary or advisable, it shall have authority to require inspection or testing of the Work. However, neither this authority of the Contract Administrator nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a dirty or responsibility of the Contract Administrator to the Contractor, subcontractors, material and equipment suppliers, their agents nr employees, or other persons or entities performing portions of the Work. D. Taxes, The City is a governmental tax-exempt entity and shall not be responsible for paying any taxes on any materials or services provided for herein. At Contractor's request, City shall provide evidence of its tax-exempt status. To the extent, if any, that the City furnishes tangible personal property to Contractor for incorporation into the Project, Contractor shall be responsible for paying the amount of tax owed for such tangible personal property, Section 6. Change Orders A. Change Order Defined. A "Change Order" means a written modification of the Contract Documents, signed by representatives of the City and the Contractor with appropriate authorization. Construction Services Agreement 4 Version 1.0 R. Right to Order Changes. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Changc Orders and executed by the Contractor and the City. Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion., the City shall have the right to determine reasonable terms, and the Contractor shall proceed with the changed work. C. Chane Order Requirement. Any work added to the scope of this Agreement by a Change Order shall he executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly executed on behalf of the City and the Contractor. D. Authoritv to Execute Change Order. The City Manager has authority to execute, without further action of the Milton City Council, any number of Change Orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section 5(A) above. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Milton City Council. E. Minor Changes in the Work. The Contract Administrator will have the authority to order minor changes in the Work not involving adjustment in the Maximum Contract Price or extension of the Term and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order signed by the Contract Administrator. The Contractor shall carry out such written orders promptly. If the minor changes subsequently may affect adjustments in the Maximum Contract Price or the Term, the changes shall then be converted to a written Change Order by the requesting Party. Section 7. Covenants of Contractor A. Ethics Code- Conflict of Interest. (i} Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of his knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Contractor become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement. Contractor shall immediately notify the City. If the City determines that a conflict of interest exists, the City may require that Contractor take action to remedy the conflict of interest or terminate the Agreement without liability. Construction Services Agreement I Version 1.0 The City shall have the right to recover any fees paid for services rendered by Contractor when such services were performed while a conflict of interest existed if Contractor had knowledge of the conflict of interest and did not notify the City within five (5) business days of becoming aware of the existence of the conflict of interest. (ii) Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be trade by or on behalf of a sub -consultant under a contract to the prime Contractor or higher tier sub - consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Meetings. The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City or the Contract Administrator. The Contractor will be given a minimum of three (3) hill business days' notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems. may result in termination of the contract for cause. C. Expertise of Contractor. Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in Pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. The Contractor agrees to use its nest efforts, skill, judgment, and abilities to perfonn its obligations and to further the interests of City and. the Project in accordance with City's requirements and procedures, and Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. D. Proper Execution by Contractor. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's Construction Services Agreement I Version l.iJ profession or business and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, and Georgia's Open Records Act (O.C.G.A. § 50-18-70, et seq.). Any additional work or costs incurred as a result of error and/or omission by Contractor as a result of not complying with the Contract Documents or not meeting the applicable standard of care or quality, including but not limited to those of repeated procedures and compensation for the Contract Administrator's services or expenses, will be provided at Contractor's expense and at no additional cost to the City. This provision shall survive termination of this Agreement. It is the Contractor's responsibility to be reasonably aware of all applicable laws, statutes, ordinances, building codes, and rules and regulations. if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Contract Administrator and the City in writing of any portions of the Contract Documents that are at variance with the applicable laws, statutes, ordinances, building codes, and rules and regulations, The Contractor's duties shall not be diminished by any approval by the City or Contract Administrator of Work completed or produced; nor shall any approval by the City or Contract Administrator of Work completed or produced release the Contractor from any liability therefor, it being understood that the City is ultimately relying upon the Contractor's skill and knowledge in performing the Work required under the Contract Documents. Organization of the specifications into divisions, sections and articles, and arrangement of drawings shall not control the Contractor in dividing the Work among subconb actors or in establishing the extent of Work to be performed by any trade. E. Familiarity with the Work. (i) Contractor Familiarity with Work. Contractor represents that it has familiarized itself with the nature and extent of the Contract Documents, the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Since the: Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Contract Documents, site conditions, authorities, tests, reports and studies relative to that portion of the Work, as well as the information furnished by the City, shall tape field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the Project site(s) affecting it. Contractor represents and agrees that it has correlated the results of all such observations, exarninations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. These obligations arc for the purpose of facilitating construction by the Contractor C'onstniction Services Agreement j Version LO and are not for the purpose of discovering errors, omissions, inconsistencies, or ambiguities in the Contract Documents, however, any errors, inconsistencies, omissions, or ambiguities discovered by the Contractor shall be reported promptly to the Contract Administrator and City in writing. Contractor represents that it has given the City written notice of all errors, omissions, inconsistencies, or ambiguities that the Contractor has discovered in the Contract Documents so far, and the written resolution thereof by the City is acceptable to the Contractor. Further, Contractor acknowledges that its obligation to give notice of all such errors, omissions, inconsistencies, or ambiguities shall be continuing during the Terra of this Agreement. Any failure on the part of the Contractor to notify the Contract Administrator and City in writing of any errors, omissions, inconsistencies, or ambiguities in the Contract Documents that Contractor discovered or reasonably should have discovered shall result in a waiver and full release by the Contractor of any future arguments or defenses based on such errors, omissions, inconsistencies, or ambiguities against the City. Further, if the Contractor fails to perform its obligations pursuant to this paragraph, the Contractor shall pay such costs and damages to the City as would have been avoided if the Contractor had performed such obligations. 60 Inspection. of Prior Work. If part of the Contractor's Work depends for proper execution or results upon construction or operations by a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Contract Administrator apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. failure of the Contractor so to report shall constitute an acknowledgment that the City's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable, and Contractor shall be responsible for all costs and damages resulting from its failure to report reasonably discoverable defects. (iii) Contractor Requests for Infornxation. If, with undue frequency (as determined by the City in its sole discretion), the Contractor requests inforniation that is obtainable through reasonable examination and comparison of the Contract Documents, site conditions, and previous correspondence, interpretations or clarifications, the Contractor shall be liable to the City for reasonable charges from the Contract Administrator for the additional services required to review, research and respond to such requests for information. F. Supervision, Insl2ection and Construction Procedures. The Contractor shall supervise and direct the Work, using die Contractor's hest skill and attention. The Contractor shall he solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Agreement, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific Constmc[ion Services Agreenient I Version 1.i1 instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety therefor and, except as stated below, shall be fully and solely responsible for the jobsite safety for such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the City and Contract Administrator and shall not proceed with that portion of the Work without further written instructions from the City or Contract Administrator as approved in writing by the City. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of this Agreement. `Che Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to: (a) employees and other persons who may be affected, (b) the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site(s), under care, custody or control of the Contractor or Contractor's subcontractors or sub -subcontractors, and (c) other property at the Project site(s) or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities hearing on safety of persons or property or their protection from damage, injury or loss. When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCS), encountered on the Project site(s) by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the City and Contract Administrator in writing. G. Tests and Ins ections. Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, or ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made promptly at an appropriate time to avoid unreasonable delay in the Work. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the City, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Contract Administrator timely notice of when and where tests and inspections are to be made so that the Contract Administrator may be present for such procedures. Required permits or certificates of testing. inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and delivered to the Contract Cr)trstructlon Services Agrecment I Version 1.0 Administrator within ten (10) calendar days of issuance. H. Budgetary Limitations. Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the perforrnance of the Work. Specifically, Contractor agrees that, in the event it cannot perfonn the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. I. City's Reliance on the Work. The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that therefore, the City bears no responsibility for Contractor's Work performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, or specifications by any person, body, or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. !. Contractor's Reliance on Submissions bthe_C�. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. K. Unco rering and Correction of Work. If a portion of the Work is covered contrary to the Contract Administrator's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Contract Administrator, be uncovered for examination by the Contract Administrator and be replaced at the Contractor's expense without change in the Agreement Terra. If a portion of the Work has been covered which the Contract Administrator has not specifically requested to examine prior to its being covered or which the Contract Documents did not require to remain uncovered until examined, the Contract Administrator may request to see such Work, and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the City's expense, which expense shall be agreed upon in writing prior to being incurred. If such Work is not in accordance with the Contract Documents, correction shall be at the Contractor's expense, unless the condition was caused by the City, in which event the City shall be responsible for payment of such costs including reasonable Constnic Li on 'Sery ices Agreement j Version i ,t] charges, if any, by the Contract Administrator for additional service, which expense shall be agreed upon in writing prior to being incurred. If the City prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the City may do so instead of requiring its removal and correction, in which case the Maximum Contract Price will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. L. Clean uta. Contractor shall keep the Project site{s} and surrounding area free from accumulation of waste materials or rubbish caused by operations under this Agreement. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. If the Contractor Fails to cleanup as provided in the Contract Documents, the City may do so, and the cost thereof shall be charged to the Contractor. M. Contractor's Representative. j>,,1 i CCL- K vt,&� [INSERT NAME OF CONTRACTOR'S REPRESENTATIVE] shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. N. Inde endent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the City. Nothing contained in this Agreement shall be construed to make the Contractor, or any of its employees, servants or subcontractors, an employee, servant or agent a f the City for any purpose. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perforin such Work; the instrumentalities, tools, supplies, and/or materials necessary to complete the Work; hiring of subcontractors, agents, or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding, and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and the City by virtue of this Agreement with the Contractor. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and the City may hire additional entities to perform Work related to this Agreement. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing Constrttctiotl Services Agreement I Version l ,�l signed by both Parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume fall liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. Q. Responsibility of Contractor and Indemnification of C14f-11. The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on accoimt of the performance or character of the Work rendered pursuant to this Agreement. To the fullest extent pennitted by law, Contractor shall defend, indemnify, and hold harmless the City and the City's elected and appointed officials, officers. boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including, but not limited to, attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of alleged willful, negligent, or tortious act or omission arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of the Contractor, its subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, the indetruiification obligation set forth in this provision shall not be limited in any way by any limitation on the azr-iount or type of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified PartyGes) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. P. Insurance. { 1} Inc uirements: The Contractor shall have and maintain in frill force and effect for the duration of this Agreement, insurance insuring against claims Co3rstrtictlon Servic4s Agrecltrunt I VerSiOil 1.0 for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of insurance: Contractor shall maintain the following insurance policies with coverage and limits no less than: (a) Coinniercial General Liability: $1,00f3,OO() (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate coinprehensive/extendedlenhanced Commercial General Liability policy with coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, damage to premises/operations, productslcotnpleted operations, independent consultants and contractual liability (specifically covering the indemnity), broad -from property damage, and underground, explosion and collapse hazard. This coverage may be achieved by using atm excess or umbrella policy. The policy or policies must be on "an occurrence" basis C"claims made" coverage is not acceptable). (b) Coniniercial Automobile Liability (o",ned, mora -owned, hired): $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate for comprehensive Commercial Automobile liability coverage (owned, non -owned, hired) including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability: $1,000,000 (one million dollars) limit Professional Liability policy for claims arising out of professional services and caused by the Contractor's errors, omissions, or negligent acts (required if any professional services mill be provided). (d) Workers' Carrtpensation and Employers' Liability: Workers' Compensation policy with limits as required by the State of Georgia and Employers' Liability limits of $1,000,000 (one million dollars) per occurrence or disease. {If Contractor is a sole proprietor, who is otherwise not entitled to coverage under Georgia's Workers' Compensation Act. Contractor must secure Workers' Compensation coverage approved by both the State Board of Workers' Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers' Construction Services Agxeenmerit I Vez",i{att 1,0 Compensation Act. Further, the Contractor shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.} (e) RESER VED. (f) Commercial Umbrella Liability Coverage: $_N/A per shall be provided and will apply over all liability policies, without exception, including but not hinited to Commercial General Liability, Commercial Automobile Liability, Employers' Liability, and Professional Liability. (3) Deductibles and Self -Insured Retentions: Any deductibles or self insured retentions must be declared to and approved by the City in writing so that the City may ensure the financial solvency of the Contractor; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability. Automobile Liability and Umbrella Liability Coverage. {i} Additional Insured Requireinent_ The City and City's elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually "Insured Party" and collectively "Insured Parties") shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special .limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to any Insured Parry for claims asserted against such Insured Party for its sole negligencc. 00 Primmy Insurance Requirepnent, The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self- insurance maintained by the Insured Parties shall be in Construction Services Agr%:ement I Version 1.t) excess of the Contractor's insurance and shall not contribute with it. (iii) Repotting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) ,Separate Coverage. Coverage shall state that. the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to Iimits of insurance provided. (v) Defense Costs/Cross Liability, Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 14 calendar days if due to tion -payment) has been given to the City. The City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Starling and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) Incorporation oflndemnafccalion Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by the Contractor Linder the terms of this Agreement, including but not limited to Section 7(0) of this Agreement. Constrtrct.ion Services Agreement I Version 1.0 5) Acce tabili of insurers: The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance shall be placed with insurer(s) with an A.M. Best Policyholder's rating of no less than "A-" and with a financial rate of Class VII or greater. The Contractor shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed forth. (6) Verification of Covera e: Contractor shall furnish to the City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work, Without limiting the general scope of this requirement, Contractor is specifically required to provide an endorsement naming the City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Contractor's insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. The City reserves the right to require complete, certified topics of all required insurance policies at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Subcontractors: Contractor shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement; including, but not limited to, naming the Insured Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (9) Progress Pa rents: The malting of progress payments to the Contractor shall not be construed as relieving the Contractor or its subcontractor or insurance carriers from providing the: coverage required in this Agrecinent. �. Bonds. hi public works construction contracts valued at more than one hundred thousand dollars ($100,000.00) or road construction/maintenance contracts valued at five thousand dollars ($5,000.00) or more, or in any other instance where the City has elected to include such bond requirements as exhibits to this Agreement, the Contractor shall provide Perforniance and Payment bonds as a condition of this Agreement. Bonds shall be provided on the forms attached hereto as "Exhibits ❑.1 and D.2" and with a surety licensed to do business in Georgia and listed on the Construction Services Agreement I Vcr-si(Al l .[i Treasury Department's most current list (Circular 570 as amended). Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under this Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. R. Assignment of Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors. the Contractor shall be solely responsible for reimbursing thetas, and the City shall have no obligation to them. S. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit, Pursuant to ❑.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless. (1) the Contractor shall provide evidence on City -provided forms, attached hereto as "Exhibits G.1 and G.2" (affidavits regarding compliance with the E -Verify program to be sworn under oath cinder criminal penalty of false swearing pursuant to Q.C.G.A. § 16-10-71), that it and its subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in ❑.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in "Exhibit G.1", acid submitted such affidavit to City or provided the City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control. Act of 1986 (IRCA), P.L. 99-603, ❑.C.G.A, § 13-10-91 and Georgia Department of Labor- Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with G.C.G.A. § 13- 10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as "Exhibit G.2", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a Constniction Services Agreement y Version 1.0 completed copy to the City within five (5) business days of receipt from, any subcontractor. Where Contractor is required to provide an affidavit pursuant to G.C.G.A. § 13-10- 91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if, contractor affidavit is required pursuant to G.C.G.A. § 13-10-91.1 [DESIGNATE/MARK APPROPRIATE CATEGORY} 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to 0.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law and shall be construed to be in conformity with those laws. T. Records, Reports and Audits. ( 1) Records: Ce�nstrtiction Services A.greemenl I Version i .0 (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for the City under this Agreement ("Records") shall be established and maintained by the Contractor in accordance with applicable law and requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years froth the date that final payment is made to Contractor by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders_, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all Records in the form requested by the City. All Records stored on a computer database must be of a fortrsat compatible with the City's computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, Contractor shall snake available to the City ar City's representative(s) for examination all Records, The Contractor will permit the City or City's representative(s) to audit, examine, and make excerpts or transcripts from such Records. Contractor shall provide proper facilities for City or City's representative(s) to access and inspect the Records, or, at the request of the City, shall make the Records available for inspection at the City's office. Further, Contractor shall permit the City or City's representative(s) to observe and inspect any or all of Contractor's facilities and activities during normal hours of business for the purpose of evaluating Contractor's compliance with the terms of this Agreement. In such instances, the City or City's representative(s) shall not interfere with or disrupt such activities. U, Confidentialiiy. Contractor acknowledges that it may receive confidential infonxnation of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, contractors, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions, or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. Contractor shall exercise Constritction Services Agreennent I Version 1.0 reasonable precautions to prevent the unauthorized disclosure and use of City inforination whether specifically deemed confidential or not. Contractor acknowledges that the City's disclosure of doctunentation is governed by Georgia's Open Records Act, and Contractor further acknowledges that, if Contractor submits records containing trade secret infortuation and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affi t -natively 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 0.C.G.A. $ 50-15-72(a)(34) related thereto. V. Licenses Certifications and Petnnits. The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits, or the like required of the Contractor by any and all national, state, regional, county or local boards, agencies, commissions, committees or other regulatory bodies in order to perforce the Work contracted for under this Agreement; provided that some pen -nits or licenses related to the Project may be obtained as part of the Work and shall be obtained as required, The Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work, which are customarily secured after execution of the Agreement and which are legally required. Contractor shall furnish copies of such permits, licenses, etc, to the City within tcn (1 d) days after issuance. W. RESERVED. X. Authori to Contract. The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners, or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. Y. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other materials, including those in electronic form, prepared or in the process of being prepared for the Work to be perfonned by the Contractor ("Materials") shall be the property of the City, and the City shall be entitled to full access and copies of all Materials in the form prescribed by the City. Any Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the Work shall be delivered immediately to the City whether or not the Project or Work is commenced or completed, provided., howcvcr, that Contractor may retain a copy of any deliverables for its records. The Contractor assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged, or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to the City, and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. Construction Services Agreernent l Version 1.t1 Z. Nondiscrimination. During the performance of this Agreement, the Contractor agrees as follows: 1. Compliance with Regulations. The Contractor shall comply with the Regulations, hereinafter defined, relative to nondiscrimination in federally -assisted programs of the Department of Transportation (the "DOT"), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time (.the "Regulations"), which are herein incorporated by reference and made a part of this Agreennent. 2. Nondiscrimination. The Contractor, with regard to the Work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of employees or subcontractors, including procurement of materials and leases of equipment, The Contractor shall not participate either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreetnent covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiations made by the Contractor for Work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Agreement and the Regulations relative to nondiscrimination on the ground of race, color, sex, or national origin. 4. Information and Reports. The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, and other sources of information and its facilities as may be determined by the County, GDOT, or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this in formation, the Contractor shall so certify to the County, or GOT or the Federal Highway Administration, as appropriate, and shall set forth what efforts it has made to obtain such information. 5. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscriminatory provision of this Agreement, County shall impose contract sanctions as it or GDOT or the Federal Highway Administration may detemiine to be appropriate, including, but not limited to: (a) Withholding of payments to the Contractor under the Agreement until Contractor complies, and/or (b) Cancellation, termination, or suspension of the Agreement, in whole or in part. d. Incorporation of'Provisions. The Contractor shall include the provisions of paragraphs (1) through (5) in every subcontract, procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issue thereto. The Contractor shall take such action with respect to any subcontractor or procurement as the County or GDOT or the Federal Highway Administration may direct as a means of enforcing such provisions including; sanctioning noncompliance. Provided, however, that in the event a Contractor becomes Construction Services Agreement f Version 1.0 involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the County to enter into such litigation to protect the interest of the County and, in addition, the Contractor may request the Georgia Department of Transportation to enter into such litigation to protect the interests of the State and the United States to enter into such litigation to protect the interests of the United States. AA. Consultants Assisting with Procurement. As required by C.C.G.A. § 36-90-28, if the Agreement requires the Consultant to prepare, develop, or draft specifications or requirements for a solicitation (including bids, requests for proposals, procurement orders, or purchase orders) or to serve in a consultative role during a bid or proposal evaluation or negotiation process: (a) the Consultant shall avoid any appearance of impropriety and shall follow all ethics and conflict-of-interest policies and procedures of the City; (b) the Consultant shall immediately disclose to the City any material transaction or relationship, including, but not limited to, that of the Consultant, the Consultant's employees, or the Consultant's agents or subsidiaries, that reasonably could be expected to give rise to a conflict of interest, including, but not limited to, past, present, or known prospective engagements, involvement in litigation or other dispute, client relationships, or other business or financial interest, and shall imunediately disclose any material transaction or relationship subsequently discovered during the pendency of the Agreement; and (c) the Consultant agrees and acknowledges that any violation or threatened violation of this paragraph may cause irreparable injury to the City, entitling the City to seek injunctive relief in addition to all other legal remedies. Section 8. Covenants of the Cit A. Riizht of En . The City shall provide for right of entry for Contractor and Contractor's equipment as required for Contractor to complete the Work; provided that Contractor shall not unreasonably encumber the Project site(s) with materials or equipment. B. Cit 's Representative. Matthew Fallstrom shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section 6 above. Section 9. Final Proiect Documen ts• Warrant A. Final Project Documents. Prior to final payment, Contractor shall deliver to City a written assignment of all warranties, guaranties, certificates, permits, and other documents, including without limitation, all contractors' and manufacturers' warranties. At such time, Contractor shall also deliver to the City copies of all as - built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. C.onstruc;tion Services Agreement I Version 1.0 B. Warrant. The Contractor warrants to the City and the Contract Administrator that materials and equipment furnished under the Agreement will be of good quality and new, unless otherwise required or permitted by the Contract Docurments, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, is considered defective. This warranty excludes remedy for damage or defect caused by abuse by the City or modifications to the Work not executed by the Contractor or an employee/subcontractor/sub-subcontractor thereof. Except as may be otherwise specified or agreed, the Contractor shall repair or replace all defects in materials, equipment, nr workmanship appearing within 2 year(s) (the "Warranty Period") from the date of final completion at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the Warranty Period to identify any issues that must be resolved by the Contractor. Expiration of the Warranty Period shall not affect the Contractor's continued liability under an implied warranty of merchantability and fitness. All warranties implied by law. including fitness for a particular purpose and suitability, arc hereby preserved and shall apply in full force and effect beyond any Warranty Period. Section 10. Termination A. For Convenience. The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor at least seven (7) calendar days in advance of the termination date. S. For Cause. The Contractor shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City's failure to pay the Contractor within thirty (30) calendar days of Contractor providing the City with notice of a delinquent payment and an opportunity to cure. The City may terminate this Agreement for cause as provided in Section 11 of this Agreement. The City shall give Contractor at least. seven (7) calendar days' written notice of its intent to terminate the Agreement for cause and the reasons tlterefor, and if Contractor, or its Surety, fails to curt the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project. C. StatutoU Termination. In compliance with Q.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in Section 4(A) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of the City. D. PPment. Provided that no damages are due to the City for Contractor's failure to perforin in accordance with this Agreement, and except as otherwise provided Construction Services Agreement I Version I.0 herein, the City shall, upon termination for convenience or statutory termination, pay Contractor for Work performed prior to the date of termination in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. At its sole discretion, the City may pay Contractor for additional value received as a result of Contractor's efforts, but in no case shall said payment exceed any remaining unpaid portion of the Maximum Contract Price_ If this Agreement is terminated for cause, the City will make no further payment to the Contractor or its Surety until the Project is completed and all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this Agreement, exceeds the cost of finishing the Project, City shall provide payment to the Contractor (or its Surety) for services rendered and expenses incurred prior to the tennination date, provided that such payment shall not exceed the unpaid balance of the amount otherwise payable under this Agreement minus the cost of completing the Project. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. F. Assumption of Contracts. The City reserves the right in termination for cause to take assignment of all contracts between the Contractor and its subcontractors, vendors, and suppliers. The City will promptly notify the Contractor of the contracts the City elects to assume. Upon receipt of such notice, the Contractor shall promptly take all steps necessary to effect such assignment. F. Conversion to Termination for Convenience. If the City terminates this Agreement for cause and it is later determined that the City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the tenrns of Section l Q(A) above. G. Requirements 'Upon Termination. Upon termination, the Contractor shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible if requested to do so by the City, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, surrimaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. H. Reservation of Rights and Remedies. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11. City's Rights; Contractor Default A. City Rights Related to the Work. (i) City's Righi to Stop the Work. If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, as required by Construction Services Agreement I Version 1.0 the Contract Administrator, or persistently fails to carry out Work in accordance with the Contract Documents, the City may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the City to stop the Wort: shall not give rise to a duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. Such a stoppage of Work shall not extend the Expected Date of Final Completion of the Work. (ii) City's Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) calendar day period after receipt of written notice from the City to commence and/or continue correction of such default or neglect with diligence and promptness, the City inay, without prejudice to other remedies the City may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including City's expenses and compensation for the Architect/Engincer's and/or Contract Administrator's additional services (if any) made necessary by such default, neglcct or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the City. B. Contractor Default. For the purposes of this Agreement, Contractor shall be in default if any of the following occur during the Term of this Agreement: (a) a failure to fulfill in a timely and proper manner Contractor's obligations under this Agreement; (b) Contractor violates any of the material provisions, agreements, representations or covenants of this Agreement or any applicable city, state, or federal laws, which do not fall within the force majeure provisions of this Agreement; (c) the Contractor bccornes insolvent or unable to pay its debts as they mature, or makes an assignment for the benefit of creditors, or files a bankruptcy petition tinder the United States Bankruptcy Code; or (d) Contractor is the subject of a judgment or order for payment of money, which judgment or order exceeds $100,000 and is no longer subject to appeal or, in the opinion of the City, would be fruitless to appeal and where (i) such judgment or order shall continue un -discharged or unpaid for a period of thirty (30) calendar days, (ii) an insurer acceptable to the City has not acknowledged that such judgment or order is fully covered by a relevant policy of insurance, or {iii} the City is otherwise reasonably satisfied that such judgment or order is not likely to be satisfied or complied with within sixty (50) calendar days of its issuance. In the event of Contractor's default wader this Agreement, the City shall send written notice to the Contractor setting forth the specific instances of the default and providing the Contractor with at least seven (7) calendar days to cure or otherwise remedy the default to the reasonable satisfaction of the City. if the default is not remedied during the stated cure period, then the City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge the Contractor for the costs of curing the default against any sums due or which become due to the Contractor under this Agreement; and/or (c) pursue any other rernedy then available, at law or in equity. to the City for such default. Construction Services Agreemont f Version l ,i) Section 12. Construction Administration If a Contract Administrator other than the City has been hired in relation to the Project, the Contract Administrator's administration of the construction of the Project shall be as described in "Exhibit K", attached hereto. The Contractor agrees to the construction administration provisions contained in "Exhibit K." Section 13. Miscellaneous A. Complete Agreement. This Agreement, including all of the Contract Documents, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement, or promise relating to the subject matter of this Agreement not contained in this Agreement or the Contract Documents shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. B. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the V.S. District Court for the Northern District of Georgia — Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions: Sev_erabiliil . Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. E. Business License. Prior to commencement of the Work to be provided hereunder, Contractor shall apply to the City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Contractor provides evidence that no such license is required. F. Notices. Construction Services Agreement I Version 1:D (1) Communications Relating to Day -to -Day Activities. All communications relating to the day-to-day activities of the Work shall be exchavard 4—tween Matthew Fallstrom for the City and J)!j-tit i 6-L- M c LA& -1L_ [INSERT CONTACT NAME] for the Contractor. (2) Official Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when (1) personally delivered, or (2) on the third calendar day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the addresses given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton Attn; Procurement Manager 2045 Heritage Walk Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Wilson Construction Management, LLC Atm: Carol Ann St,Aubin 4104 W White Rd Oakwood, GA 30555 G. Waiver of A eement. No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City's right to demand exact and strict compliance by Contractor with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations, warranties, and insurance maintenance requirements. 1. Sovereign 1.11 nunit_ . Nothing contained in this Agreement shall be construed to Construction Services Agreement I Version t .0 be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. J. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City's elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall he personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor's performance of services under this Agreement shall not subject Contractor's individual employees, officers, or directors to any personal liability, except where Contractor is a sole proprietor. The Parties agree that their sole and exclusive remedy, claim, demand, or suit shall be directed and/or asserted only against Contractor or the City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. K. Force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perforce or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion, or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection, or invasion. in such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. L. Headings. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit, or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. M. No Third Part Ri hts. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. N. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, each Party binds itself, its partners, successors, assigns, and legal representatives to the other Party hereto, its partners, successors, assigns, and legal representatives with respect to all covenants, agreements, and obligations contained in the Contract Documents. Q. Agreement Construction and InteEpretation. Contractor represents that it has Construction Services Agreement I Version 1.0 reviewed and become familiar with this Agreement and has notified the City of any discrepancies, conflicts or errors in the Contract Documents. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent frorn one statement and appears in another is not intended to affect the interpretation of either statement. P. Material Condition. Each term of this Agreement is material, and Contractor's breach of any tern of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to the City at law or in equity. Q. Use of Sin ular and Plural. Words or tenns used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] Construction Services Agreement I Version 1.[I CONTRACTOR: Wilson Construction Management, LLC By: V) "'Q q � Print Name: bA*A,t-:�, YAtWE, Its: WUW4,E ONE) Member axtag (Limited Liability Comp an =)}..'�-.. 4 .�� . [CORPORATE SEAL] (required if corporation) Attest/Witness:`''r.v..s''' Q a , tao x. Print t Its: ((Asci CITY OF MILTON, GEORGIA By: Steven Krokoff, City Manager [CITY SEAL] Attest: Print Name: Its: City Clerk Approved as to form: City Attorney RATIFIED BY COUNCIL M. Joe Lockwood, Mayor ConstrtEctiOn Services Agreement I Version 1.0 "'EXHIBITA" MII_ ON ESTABLISHED 2W6 QR21-PW17 Bethany Green Stormwater Repair 775 Bethany Green Court General Descripflon of Protect Scope: The general scope of work will consist of repairing the sinkhole and depressions around in front of the catch basins with concrete and asphalt. Remove and replace sunken sidewalk, and replacement of a catch basin throat. Contractor is required to visit the site prior to submitting bid to confirm and verify scope. Contractor is responsible for utility locates, property owner coordination, erosion and sediment control, and any damages to any property. Contractor will replace in kind all damages on impacted properties. The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. The bidder proposes and agrees that if this bid is accepted to contract with the City of Milton to provide all construction labor, materials, equipment, products, transportation, and other facilities and services as necessary and/or required to execute and complete the work in full in accordance with the scope of work provided to the full satisfaction of the city. THE BASE BID IS THE AMOUNT UPON WHICH THE BIDDER WILL BE FORMALLY EVALUATED AND WHICH WILL BE USED TO DETERMINE THE LOWEST RESPONSIBLE BIDDEN. The base bid may not be withdrawn or modified, except at the request of the City, for a period of sixty {60} days following receipt of the bids. The City of Milton reserves the right to modify the scope of this project at any time. Appropriate compensation for scope changes will be based on a negotiated fee. Note: A separate signed bid document is acceptable in lieu of the below form, QR 21 -PW 17 j INFORMATION AND INSTRUCTIONS The purpose of this solicitation is to enter into a lump sum price "purchasing contract" with one firm to be the primary contractor of the Miscellaneous Road Projects project. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. Unless dearly shown as "no substitute" or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information; brand name, model or manufacturer's_number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. The City reserves the right to cancel the contract at any time with 30 days written notice. Title to any supplies, materials, equipment or other personal property shall remain the Contractors' until fully paid for by the City. All items to be bid FCB, Milton, Georgia. No sales taxes are to be charged. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor's expense to the complete satisfaction of the City of Milton with no additional expense to the City. EVALUATION The City intends to evaluate the Bld on the lowest, best, responsible, and responsive vendor. QR 2t-PW]7 INSURANCE REQUIREMENTS Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing busine55 in the State of Georgia with an A.M. Best Rating A -b or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7.K). (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000.000 (two million dollars) umbrella,. including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile liability (owned, non -owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General I-Jability and Automobile Liability Covera e. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self - QR 21-PW17 I = Insurance available to the City or City Parties. Any insurance or self- insurance maintained by the City or City Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion, (vi) The insurer agrees to waive all Fights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Policies shall have concurrent starting and ending dates (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City within ten f 10) days of the Notice of Award, The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage_ (7) Subcontractors; Contractor shall include all subcontractors as insureds under Its policies or shall furnish separate certificates and endorsements for each QR21-PW17 I = subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) Cify as Additional Insured and Loss Payee_: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers' Compensation policy. BONDING REQUIREMENTS Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project strictly within the terms and conditions stated in this bid and in the bidding and contract documents, should the construction contract be awarded. The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE BONDS for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the contract price. Bonds shall be issued by a corporate surety appearing on the Treasury Department's most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. OATH Prior to commencing the Work, the successful bidder shall execute a written oath as required by 0.C.G.A. §§ 32-4-122 and 36-91-21(e).. QR21-PWI7 MILTON'IP i5TADLIS iILD 2006 [BIDDERS MUST RETURN THIS FORM WITH SID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: QR21-PW17 Bethany Green Stormwater Repair 775 Bethany Green Court The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled. The Bidder further proposes and agrees hereby to promptly commence the QR 2]-PWf7 I = Work with adequate forces and equipment within ten (1 0) calendar days from receipt of Notice to Proceed and to complete all Work within thirty (30) calendar days from the Notice to Proceed. If weather affects the required completion schedule, The City and selected Bidder will negotiate a new completion date, Attached hereto is an executed Bid Band in the amount of Dollars ($ (Five Percent of Amount Bid). If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the fallowing addenda: Addendum No. dote viewed Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this day of '20 Bidder Mailing Address: Bidder Signature: 0l'i Ri Rol 1-27-3 Title: Company Name (Seal) QR21-PW17 I = CSTAiaa.ISiitU a [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): Wilson Construction Management, LLC. 4104 W. %Vhity Rd Oakwood. GA 30556 SURETY (Marne and Address of Principoi Place of Business): National American. insurance Company. P.O. Bax 9 Chandler OK 74$34 OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton. Georgia ATTN: Purchasing Office 20ia6 Heriiage Walk Milton, Georgia 30004 BID BID DUE DATE: June 18, 2021 PROJECT (Brief Description Including Location): Qft21-PW17 Bethany Green Sformwater Repair, Projecl/ L'tat'on N❑. QP,21 -PW 17, 775 BethanyGreen Court Milton, GA BOND BOND NUMBER: 01313006 0 5 09 DATE (Not later that Bid due date): June 18, 2021 PENAL SUM: Five Percent of Amount Sidi** s * *" " *** �* � � "a s ra �*5°Io of Amount Bide) (Words) (Figures) 1N WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereat, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. urr�� BIDDER tttti pt4 INS SURETY Wilson Construction Management, LLC(Seal) National American Insurance Com Sea!) I'D Bidder's me and Corporate Seal Surety's Name and Corporote SeaVL+`a [5 =4 ion By: F Sir By: —0 Signature and Title: I Signature and Title: AIM. nicer (Attach Power of Attorney} t:a2zaiy&&—,(AjV Signature can i le: Attest.— Signature and Tifle: Kristen L. Meeks, Assistant oft 21 -PW 17 Note: ( 1 ) Above addresses are to be used for giving any notice required by the terms of this Bid Bond, {2j Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1, Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the Penal sum set forth on the face of this Band, 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of chat time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, If applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia, 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 1 i . The term "Bid" as used herein includes a 'Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the state of Georgia. QR 21-PW17 MILTON'11k, EsrABLIS HED 2OW PROJECT SPECIFICATIONS PROJECT DESCRIPTION The City of Milton Public Works Department (City) requests for interested parties to submit bids/proposals for the projects listed below. 775 Bethany Green Court Sinkhole at catch basin: • The contractor will sawcut and square off the sinkhole area, excavate to remove ail wet and loose material. Depth of excavation will be to the point the contractor hit compacted soils. • The contractor will fill the void with class B concrete leaving 2" that would be filled with 9,5mm HMA. • The contractor will properly clean concrete and prep it for asphalt, Tack will be applied and a 2" lift of 9.5 mm hot mix asphalt will be placed and compacted. • Area to be removed is estimated to be 14'x7'. • The contractor will remove the sunken sidewalk and replace it flush to grade with QR21-PW17 the basin lid. Sidewalk is marked and is 20' in length. The catch basin lid will be removed, and ❑ new concrete throat will be poured for the box. The box will be inspected for any failures at the joints, inverts, and pipes. If the grout has failed the contractor will remove the grouted area and regrout as needed. The structure across from the sinkhole. Depression at catch basin: • The contractor will sawcut and square off the sinkhole area, excavate to remove all wet and loose material. Depth of excavation will be to the point the contractor hit compacted soils. • The contractor will fill the void with class B concrete leaving 2" that would be filled with 9.5mm HMA. • The contractor will properly clean concrete and prep it for asphalt. Tack will be applied and a 2" lift of 9.5 mm hot mix asphalt will be placed and compacted. ■ Area to be removed is estimated to be 14'x5'. QR21-PW17 NOTE: QUANTITIES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. CONTRACT IS TO PROVIDE LUMP SUM BID TO COMPLETE THE PROJECT AS INDICATED IN THE CONTRACT DOCUMENTS. SPECIAL PROVISIONS All work associated with this contract shall meet the Georgia DCT standard specifications for construction materials, methods and procedures not specifically listed in this solicitation. The following are special provisions prepared specifically for this contract and may be in conflict with parts of the standard specifications. If conflicts are evident the special provisions shall take precedence over the standard specifications. No burial of debris will be permitted on the site. All work performed shall be in accordance City of Milton Construction Standards. The Contractor will adhere to all current State and Federal construction safety regulations, including OSHA regulations. The Contractor must maintain a safe work zone for their employees, pedestrians, and vehicular transportation. All work shall be inspected and approved by the City of Milton Department of Public Works (MDPW). PROSECUTION AND PROGRESS The City desires to have all work completed by August 1301 2021. Please indicate on the Bid Sheet your projected response time and calendar days to complete the project. This information will be considered when awarding this contract, Construction shall begin no later than ten 10) calendar days following the Notice to Proceed. The Contractor will mobilize with sufficient forces such that all construction identified as part of this contract shall be substantially completed within the calendar days indicated on the Bid Schedule. Inclement weather days will not count against the available calendar days. Normal workday for this project shall be 9:00 am to 4:00 pm and the normal workweek shall be Monday through Friday. The City will consider extended workdays or workweeks upon written request by the Contractor on a case by case iasis. No work will be allowed on City recognized holidays. The work will require bidder to provide all labor, administrative forces, equipment, materials and other incidental items to complete all required work. The City shall perform a Final Inspection upon completion of all work. The contractor will be allowed to QR21-PW17 participate in the Final Inspection. All repairs shall be completed by the contractor at his expense prior to issuance of Final Acceptance. Fxcept to the extent limited by law, 10% retainage will be held from the total amount due the contractor until Final Acceptance of work is issued by the City. The Contractor shall provide all materials, labor, and equipment necessary to perform the work without delay unto completion. CSC CSA TESTING OF MATERIALS The Contractor will be responsible for all quality control testing (sampling, testing, and inspections) of materials incorporated into the project. All materials and workmanship shall meet appropriate GDOT specifications. Materials quality control testing types will meet GDGT specifications at a frequency equal to or exceeding that set by those specifications. Contractor shall secure the services of a GDT qualified geotechnical testing firm to perform all required tests. Test results shall be provided to the City promptly as the work progresses. Tests shall meet GGT Specs for type, method, and frequency. This work shall be considered incidental to the rest of the work and no separate payment will be made. Contractor will be responsible for replacing any work performed with material from rejected sample lot at no cost to the City, PERMITS AND LICENSES The contractor shall procure all permits and licenses, pay all charges, taxes and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. UTILITIES Contractor shall be responsible for coordinating any utility relocation necessary to the completion of the work. TEMPORARY TRAFFIC CONTROL The Contractor shall, at all times, conduct his work as to assure the least possible obstruction of traffic. The safety and convenience of the general public and the residents along the roadway and the protection of persons and property shall be provided for by the contractor as specified in the State of Georgia, Department of Transportation Standard Specifications Sections 104.05, 147.09 and i 50. Traffic whose origin and destination is within the limits of the project shall be provided ingress and egress at all times unless otherwise specified by the City. The QA21-PW17 I = ingress and egress includes entrances and exits VIA driveways at various properties, and access to the intersecting roads and streets. The Contractor shall maintain sufficient personnel and equipment (including floggers and traffic control signing) on the project at all times, particularly during inclement weather, to insure that ingress and egress are safely provided when and where needed. Two-way traffic shall be maintained at all times unless otherwise specified or approved by the City, In the event of an emergency situation, the Contractor shall provide access to emergency vehicles and/or emergency personnel through or around the construction area. Any pavement damaged by such an occurrence will be repaired by the Contractor at no additional cost to the City. The Contractor shall furnish, install and maintain all necessary and required barricades, signs and other traffic control devices in accordance with the latest MUTCD and GOT specifications, and take all necessary precautions for the protection of the workers and safety of the public. All existing signs, markers and other traffic control devices removed or damaged during construction operations will be reinstalled or replaced at the Contractor's expense. At no time will Contractor remove regulatory signing which may cause a hazard to the public, The Contractor shall, within 24 hours place temporary pavement markings (paint or removable tape) matching existing pavement markings on milled or patched pavements. The Contractor shall provide four (4) variable message boards to be placed at the direction of the City. All personnel and equipment required for maintaining temporary traffic control, public convenience and safety will not be paid for separately and shall be incidental to other pay items. PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE The Contractor shall be responsible for the preservation of all public and private property, crops, fish ponds, trees, monuments, highway signs and markers, fences, grassed and sodded areas, etc. along and adjacent to the highway, road or street, and shall use every precaution necessary to prevent damage or injury thereto, unless the removal, alteration, or destruction of such property is provided for under the contract. No stone or asphalt chunks shall be left in the right-of-way and topsoil shall be placed in all disturbed areas before grassing. Contractor is responsible for ensuring that all permanent grassing shall match the existing grassing. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or in consequence of the non -execution thereof by the QR21-PW17 j contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding or otherwise restoring as may be directed, or she/he shall make good such damage or injury in an acceptable manner. The contractor shall correct all disturbed areas before retainage will be released. BITUMINOUS TACK COAT This work shall consist of the placement of bituminous tack on all areas. The cost of bituminous tack shall be included in the cost of asphalt. Bituminous tack is not measured as a separate pay item. NTSS-1 HM trackless tack or equivalent shall be used. All surfaces shall be cleaned completely and thoroughly before any tack is applied. Tack shall not be applied when the pavement is wet. Bituminous tack coat shall be applied between .05 to 0.1 gallons per square yard. PAVEMENT MIX DESIGN The plant mix materials from which the asphaltic pavement is manufactured and the plant at which it is manufactured shall meet the requirements of the State of Georgia Department of Transportation (GDOT), Standard specifications. Articles 820; 802; 883; 831; 828; and 882. Plant mix shall have 5% AC at the minimum and RAP should shall not exceed 20%Q of the mix. Load tickets that meet Georgia Department of Transportation Specifications must accompany all delivered materials. The Contractor must supply copies of all asphalt tickets to the City on a daily basis. The most current version of the GDOT Specifications and Special Provisions apply, including but not limited to sections 400 (including off -system Special Provision). Please refer to the GDOT website for the most current versions of the Specifications and Special Provisions. CONCRETE SIDEWALKS This work shall consist of the replacing 5' sidewalk and. The Contractor will install the new sidewalk in accordance with GDOT Standard Specifications Sections, Article 441. Fxpansion joints shall be placed at all interfaces with existing sidewalk or structures. The surface of the sidewalk and subgrade shall not exceed a cross slope of 2%. This slope shall be directed to the street unless otherwise directed by the City. QR 21 -PW 17 The forms shall be made of steel or wood to insure the accurate maintenance of lines and grades. Flexible strips may be used where necessary on curves. After forms are completely set in place the Contractor shall have the forms inspected by the City prior to pouring concrete. All new concrete sidewalks shall be a minimum of 4 inches thick and shall meet the GDOT specifications for Portland Cement Concrete. The subgrade shall be thoroughly moistened and the concrete shall be deposited to the proper depth. The concrete along the edges of the forms shall be well spaded against the forms and the concrete shall be struck off until all voids are removed and the surface has the required grade and cross section. The surface shall be struck off with a straight edge, floated and troweled just enough to produce a smooth dense surface, free from irregularities. Brushing crosswise with a fine hare brush or broom is required to produce a non -slip surface. All joints and edges shall be rounded to ❑ radius of one-quarter (114) inch with an approved finishing tool. The City reserves the right to reject any sidewalk segments not finished in accordance with these standards or finished in a professional and workmanlike manner. All sidewalk sections that are rejected by the City shall be removed and replaced by the Contractor at no additional charge, The Contractor is responsible for protecting the sidewalk from the elements, travel and vandalism. After the concrete has set sufficiently, but not more than three (3) days, the forms shall be removed and the spaces shall be backfilled with topsoil. The area between the sidewalk and the curb shall be graded to slope toward the curb and allow drainage to flow toward the curb after sod installation. EROSION AND SEDIMENT CONTROL The Contractor will provide suitable erosion and sediment control measures so as to prevent sediment from leaving the site. Maintenance of erosion and sediment control measures is required at all times. The contractor shall have certified erosian and sediment control personnel on site at all times. All NPI]ES, GSWCC and City of Milton guidelines should be followed. All erosion and sediment control work shall be performed in accordance with the standards provided in the Georgia Manual for Erosion and Sediment Control in Georgia, latest edition. Provide a single row of Type C silt fence along the down nope side of all disturbed areas. All barriers shall be in place prior to any land disturbing activities. QR 21-PW17 I = Silt fences and hay bale barriers shall be cleaned or replaced and maintained in functional condition until permanent erosion control measures are established. All silt fences and other temporary measures will be removed by the contractor/developer when the site is stable, Silt fence fabric shall be comprised of Ga. Department of Transportation qualified products Section 171, type "A", for silt fence fabric Temporary vegetation and/or heavy mulch will be used to stabilize areas. In no case shall a site be left bare for more than fourteen (14) days. No clearing beyond the limits of disturbance shown on the approved plans shall be allowed without approval. Provide a minimum of YA inch of mulching, fempora ry and permanent seeding of afl other disturbed areas. SAFETY REQUIREMENTS The Contractor shall be responsible for the entire site and the construction of the same and provide all the necessary protections as required by laws or ordinances governing such conditions and as required by the Owner or Designer. He/she shall be responsible for any damage to the Owner's property or that of others on the job, by himself /herself, his/her personnel or his/her subcontractors, and shall make good such damages. He/she shall be responsible for and pay for any claims against the Owner arising from such damages. The Contractor shall provide all necessary safety measures for the protection of all persons on the work. Contractor shall clearly mark or post signs warning of hazards existing, and shall barricade excavations and similar hazards. He/she shall protect against damage or injury resulting from falling materials and he/she shall maintain all protective devices and signs throughout the progress of the work. CODES PERMITS AND INSPECTIONS The Contractor shall obtain the required permits, if required, give all notices, and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the work under this contract. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the City in writing. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, codes, rules and regulations, and without such notice to the City, he shall bear all cost arising there from. The Contractor shall obtain a building demolition permit from the city and provide all required documentation to obtain the permit but will not be charged the permit fee and shall not include that fee in the base bid. The Contractor is responsible for obtaining all required inspections. QR 2]-PW17 CLEANUP All restoration and clean-up work shall be performed daily. Operations shoal be suspended if the contractor fails to accomplish restoration and clean-up within an acceptable period of time, Asphalt and other debris shall be removed from gutters, sidewalks, yards, driveways, etc. Failure to perform clean-up activities may result in suspension of the work. QR 21-PW17 I = I I TO NJ lip M-A-6LISHED 20M [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made withouf prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or Services and is in al; respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated inspect. Authorized Signature , ? Date 6-24-2I Print/Type Name Carol Ann St.Aubin Print/Type Company Name Here Wilson Construction Management, LLC CORPORATE CERTIFICATE i, 'e certify th qj l am the Secretary of the Corporation named as Contractor in the foregoing bid; that who signed said bid in behalf of the Contractor, was then (title) of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of •� This 2- � day of 2Q a- �. qif 317f lilf7. `�"ysy ��1 y t3 c ■ �1a1.:�.. . .� Seal ( ignature)L QR 21 -PW 17 j [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do , do not �propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name ksoln —LonA�u(b'bn LLC. QR21-PW17 1 . City of Milton, Georgia I TO - ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID SCHEDULE Bids Due June] 8, 2021 775 Bethany Green Crt, $ 13,773.53 (Dollar Amount in Numbers) Wilson Construction Management LLC (Compa Name) (Signatur Carol Ann St.Aubin (Printed Name) Basin Across from 775 Bethany Green Crt. $ 4,000.00 (Dollar Amount in Numbers) Wilson Construction Management ompa Nampj 4i 0 (Signature " Carol Ann St.Aubin (Printed Name) QR 21-PW17 IMILT 1 ESMABUSKED 2W6 Total Bid Price $17,773.53 Print Total Bid Price 17.773.53 Fill out "Lump Sum" column, '"total Amount" column, and 'Total Bid Price" Actual price to the City will be based on actual quantity multiplied by the bid "Unit Price". Number of days to fully complete project (exclude weather related days)1 ° C In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY Wilson Construction Management LLC ADR AUTHC PRINT 1 TYPE NAME Carol Ann St.Aubin TITLE Executive Admin QA 21-PW17 j [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when if is submitted. Name of Bidder Wilson Construction Mana ement LLC Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over fhe past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value NIA NIA - -N/A Description Please list any tamiiy member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: N/A QR 21-PW17 " EXIIIBIT B" ElitaPac® General Liability Extension Endorsement COMMERCIAL GENERAL LIABILITY CG 73 00 01 19 SUMMARY OF COVERAGES (including index) This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary. Refer to the actual endorsement (Pages 3 -through -9) for changes affecting your insurance protection. DESCRIPTION PAGE FOUND Additional Insureds - Primary and Non -Contributory Provision Page 8 Blanket Additional Insureds - As Required By Contract Page 5 + Owners, Lessees or Contractors (includes Architects, Engineers or Surveyors • Lessors of Leased Equipment ■ Managers or Lessors of Premises • Mortgagees, Assignees and Receivers • Any Other person or organization other than a joint venture ■ Grantors of Permits Broad Form Vendors Coverage Page 7 Damage To Premises Rented To You (Including Fire, Lightning or Explosion) Page 3 Electronic Data Liability ($100.000) Page 4 Employee Definition Amended Page 9 Employees As Insureds Modified Page 5 Employer's Liability Exclusion Amended (Not applicable in New York) Page 3 Incidental Malpractice Exclusion modified Page 7 Knowledge of Occurrence, Claim, Suit or Loss Page 7 Liberalization Clause Page 8 Mental Anguish Amendment (Not applicable to New York) Page 9 Newly Formed or Acquired Organizations Page 5 Non -Owned Aircraft Page 3 Non -Owned Watercraft (under 60 feet) Page 3 Not-for-profit Members - as additional insureds Page 5 Personal And Advertising Injury - Discrimination Amendment (Not applicable in New York) Page 8 Products Amendment (Medical Payments) Page 4 Supplementary Payments Amended - Bail Bonds ($5,000) and Loss of Earnings ($1,000) Page 4 Two or More Coverage Parts or Policies Issued By Us Page 8 Unintentional Failure to Disclose Hazards Page 8 Waiver of Trans€er of Rights of Recovery (subrogation) Page 8 When Two or More Coverage Parts of this Policy Apply to a Loss Page 3 Copyright, 2018 Selective Insurance Company of America. All rights reserved. CG 73 00 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 9 TNSU"D I S COPY THIS PAGE IS INTENTIONALLY LEFT BLANK. Copyright, 2018 Selective Insurance Company of America. All rights reserved. CG 73 00 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 9 INSURED'S COPY ElitePac?, General Liability Extension Endorsement COMMERCIAL GENERAL LIABILITY CG 73 00 91 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies the insurance provided under the fallowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. However, if (a) two or more Coverage Parts of this policy, or (b) two or more forms or endorsements within the same Coverage Part apply to a loss, coverage provision(s) with the broadest language will apply, unless specifically stated otherwise within the particular amendment covering that loss. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement, COVERAGES - Amendments SECTION I - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY EXCLUSIONS Employer's Liability Amendment (This provision is not applicable in the State of New York). The following is added to Exclusion e. Employer's Liability under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2, Exclusions: This exclusion also does not apply to any "temporary worker'. Non -Owned Aircraft, Auto or Watercraft A. Paragraph (2) of Exclusion g. Aircraft, Auto Or Watercraft under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclus- ions is deleted in its entirety and replaced with the following: (2) A watercraft you do not own that is: (a) Less than 26 feet long and not being used to carry persons or property for a charge; or (b) At least 26 feet, but less than 60 feet long, and not being used to carry persons or property for a charge. Any person is an insured who uses or is responsible for the use of such watercraft with your expressed or implied consent. However, if the insured has any other valid and collectible insurance for "bodily injury" or "property damage" that would be covered under this provision, or an any other basis, this coverage is then excess, and subject to Condition 4. Other Insurance, b. Excess Insurance under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS. B. The following is added to E=xclusion g. Aircraft, Auto Or Watercraft under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions: This exclusion does not apply to (6) Any aircraft, not owned or operated by any insured, which is hired, chartered or icaned with a paid crew. However, if the insured has any other valid and collectible insurance for "bodily injury" or "property damage" that would be covered under this provision, or on any other basis, this coverage is than excess, and subject to Condition 4. Other Insurance, b. Excess Insurance under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS. Damage To Premises Rented to You A. The last paragraph of Paragraph 2. Exclusions under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE is deleted in its entirety and replaced with the following: Exclusions C. through n. do not apply to damage by fire, lightning or explosion to premises rented to you or temporarily occupied by you with the permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION ill - LIMITS OF INSURANCE. Copyright, 2018 Selective insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. INSURED' S COPY CG 73 OD 0119 Page 3 of 9 B. Paragraph 6. under SECTION Iii - LIMITS OF INSURANCE is deleted in its entirely and replaced with the following: B. Subject to Paragraph 5. above, the most we will pay under COVERAGE A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage caused by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner, for all such damage caused by fire, lightning or explosion proximately caused by the same event, whether such damage results from Fire, lightning or explosion or any combination of the three, is the amount shown in the Declara- tions for the Damage To Premises Rented To You Limit. C. Paragraph a. of Definition 9. "Insured contract" under SECTION V - DEFINITIONS is deleted in its entirety and replaced with the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract'; Electronic Data Liability A. Exclusion p. Access or Disclosure Of Confidential Or Personal information And Data -related Liability under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions is deleted in its entirety and replaced by the following: p. Access or Disclosure Of Confidential Or Personal Information And Data -related Liability Damages arising out of: (1) Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information or any other type of nonpublic information; or (2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is descrlbed in Paragraph (1) or (2) above. B. The following paragraph is added to SECTION III - LIMITS OF INSURANCE: Subject to 5. above, the most we will pay under COVERAGE A for "property damage" because of all loss of "electronic data" arising out of any one "occurrence" is a sub -limit of $100,000. SECTION I - COVERAGE C MEDICAL PAYMENTS EXCLUSIONS Any Insured Amendment Exclusion a. Any Insured under COVERAGE C MEDICAL PAYMENTS, 2. Exclusions is deleted in its entirety and replaced with the following: a. Any Insured To any insured. This exclusion does not apply to: (1) "Not-for-profit members"; (2) "Golfing facility' members who are not paid a fee, salary, or other compensation; or (3) "Volunteer workers". This exclusion exception does not apply if COVERAGE C MEDICAL PAYMENTS is excluded by another endorsement to this Coverage Part. Product Amendment Exclusion f. Products -Completed Operations Hazard under COVERAGE C MEDICAL PAYMENTS, 2. Exclusions is deleted in its entirety and replaced with the following. f. Products -Completed Operations Hazard Included within the "products -completed operations hazard". This exclusion does not apply to "your products" sold for use or consumption on your premises, while such products are still on your premises. This exclusion exception, does not apply if COVERAGE C MEDICAL PAYMENTS is excluded by another endorsement to this Coverage Part. SECTION I - SUPPLEMENTARY PAYMENTS - COVERAGES A AND B Expenses For Ball Bonds And Loss Of Earnings A. Subparagraph 1.b. under SUPPLEMENTARY PAYMENTS - COVERAGES A AND Bis deleted in its entirety and replaced with the following: b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. Copyright, 2018 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. IHSLRM I S COPY CG 73 00 01 19 Page 4 of 9 B. Subparagraph i.d. under SUPPLEMENTARY PAYMENTS - COVERAGES A AND 8 is deleted in its entirety and replaced with the following: d- All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1,400 a day because of time off from work. SECTION II - WHO IS AN INSURED - Amendments Not -for -Profit Organization Members The following paragraph is added to SECTION II - WHO IS AN INSURED: If you are an organization other than a partnership, joint venture, or a limited liability company, and you are a not- for-profit organization, the following are included as additional insureds: 1. Your officials; 2. Your trustees; 3. Your members; 4. Your board members; 5. Your commission members; 6. Your agency members; 7. Your insurance managers; 8. Your elective or appointed officers; and 9. Your "not-for-profit members". However only with respect to their liability for your activities or activities they perform on your behalf. Employees As Insureds Modified A. Subparagraph 2.a.(1)(a) under SECTION II - WHO IS AN INSURED does not apply to "bodily injury" to a "temporary worker' caused by a co -"employee" who is not a "temporary worker". B. Subparagraph 2.a.(2) under SECTION 11 - WHO IS AN INSURED does not apply to "property damage" to the property of a "temporary worker" or "volunteer worker" caused by a co -"employee" who is not a "temporary worker" or "volunteer worker". C. Subparagraph 2.a.(1)tdj under SECTION 11 - WHO IS AN INSURED does not apply to "bodily injury" caused by cardio -pulmonary resuscitation or first aid services administered by a co -"employee". With respect to this provision only, Subparagraph (1) of Exclusion 2. e_ Employer's Liability under SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply. Newly Formed Or Acquired Organizations A. Subparagraph 3.a. under SECTION 11 - WHO IS AN INSURED is deleted in its entirety and replaced with the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. However, COVERAGE A does not apply to "bodily injury' or "property damage" that occurred before you acquired or formed the organization. B. The following paragraph is added to SECTION 11 - WHO IS AN INSURED, Paragraph 3: If you are engaged in the business of con- struction of dwellings three stories or less in height, or other buildings three stories or less in height and less than 25,000 square feet in area, you will also be an insured with respect to "your work" only, for the period of time described above, for your liability arising out of the conduct of any partnership or joint venture of which you are or were a member, even if that partnership or joint venture is not shown as a Named Insured. However, this provision only applies if you maintain or maintained an interest of at least fifty percent in that partnership or joint venture for the period of that partnership or joint venture. This provision does not apply to any partnership or joint venture that has been dissolved or otherwise ceased to function for more than thirty-six months. With respect to the insurance provided by this provision, Newly Formed or Acquired Organizations, the following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY, Paragraph 4. Other Insurance, Subparagraph b. Excess Insurance: The insurance provided by this provision, Newly Formed or Acquired Organizations, is excess over any other insurance available to the insured, whether primary, excess, contingent or on any other basis. (Alt other provisions of this section remain unchanged) Blanket Additional insureds - As Required By Contract Subject to the Primary and Non -Contributory provision set forth in this endorsement, SECTION II - WHO IS AN INSURED is amended to include as an additional insured: A. Owners, Lessees or ContractorslArchitects, Engineers and Surveyors 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in a written contract, written agreement or written permit that such person or organization be added as an additional insured on your commercial general liability policy; and Copyright, 2018 Selective Insurance Company of America. All rights reserved. CG 73 00 01 19 Includes copyrighted material of Insurance Services Office, Inc_, with its permission_ Page 5 of 9 IHst RD's COPY 2. Any other person or organization, including any architects, engineers or surveyors not engaged by you, whom you are required to add as an additional insured under your policy in the contract or agreement in Paragraph 1. above: Such person or organization is an additional insured only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts of omissions of those acting on your behalf; in the performance of your ongoing operations performed for the additional insured in Paragraph 1., above. However, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services by or for you, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifi- cations; and b. Supervisory, inspection, architectural or engineering activities. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. A person or organization's status as an additional Insured under this endorsement ends when your operations for the person or organization described in Paragraph 1. above are completed. S. Other Additional Insureds Any of the following persons or organizations with whom you have agreed in a written contract, written agreement or written permit that such persons or organizations be added as an additional insured on your commercial general liability policy - 1. Lessors of Leased Equipment Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or `per- sonal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization_ With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 2. Managers or Lessors of Premises Any person or organization from whom you lease premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you. This insurance does not apply to any "occur- rence" which takes place after you cease to be a tenant of that premises. 3. Mortgagees, Assignees or Receivers Any person or organization with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of your premises. This insurance does not apply to any "occurrence" which takes place after the mortgage is satisfied, or the assignment or receivership ends. 4. Any Person or Organization Other Than A Joint Venture Any person or organization (other than a joint venture of which you are a member), but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts of omissions of those acting on your behalf in the performance of your ongoing operations or in connection with property owned by you. 5. State or Governmental Agency or Political Subdivision - Permits or Authorizations Any state or governmental agency or subdivision or political subdivision, but only with respect to: a. Operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permil or authorization; or b. The following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: Copyright, 2018 Selective Insurance Company of America, All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. INSURER'S COPY CG 73 00 01 19 Page 6 of 9 (1) The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; (2) The construction, erection or removal of elevators; or (3) The ownership, maintenance or use of any elevators covered by this insurance. This insurance does not apply to: (a) "Bodily injury" or "property damage" arising out of operations performed for the federal government, state or municipality; or (b) "Bodily injury" or "property damage" included within the "products - completed operations hazard". With respect to Paragraphs 2. through 4., this insurance does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization, The provisions of this coverage extension do not apply unless the written contract or written agreement has been signed by the fumed Insured or written permit issued prior to the "bodily injury" or "property damage" or "personal and advertising injury". Broad Form Vendors Coverage Subject to the Primary and Non -Contributory provision set forth in this endorsement, SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person or organization (referred to below as vendor) for whom you have agreed in a written contract or written agreement to provide coverage as an additional insured under your policy. Such person or organization is an additional insured only with respect to "bodily injury" or "property damage' arising out of "your products" which are distributed or sold in the regular course of the vendor's business. However, the insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement; however this exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e- Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the sale of the product; or f. Products which, after distribution or sale by you, have been labeled or re -labeled or used as a container, part of ingredient of any other thing or substance by or for the vendor; however this insurance does not apply to any insured person or organization, from who you have acquired such products, or any ingredient, part or container, entering into, accompanying or con- taining such products. The provisions of this coverage extension do not apply unless the written contract or written agreement has been signed by the Named Insured prior to the "bodily injury" or "property damage". Incidental Malpractice Subparagraph 2.a.(1 )(d) under SECTION II - WHO IS AN INSURED is deleted in its entirety and replaced with the following: (d) Arising out of his or her providing or failing to provide professional health care services. This does not apply to nurses, emergency medical technicians or paramedics if you are not in the business or occupation of providing any such professional services. This also does not apply to "bodily injury" caused by cardio -pulmonary resuscitation or first aid services administered by a co -"employee". This provision does not apply if you are a Sociai Service or Senior Living risk. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS - Amendments Knowledge Of Occurrence, Claim, Suit Or Loss The following is added to Paragraph 2. Duties in the Event of Occurrence, Offense, Claim or Suit under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: The requirements under this paragraph do not apply until after the "occurrence" or offense is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; Copyright, 2018 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. INSUR= I S COPY CG 73 00 01 19 Page 7 of 9 3. An "executive officer" or insurance manager, if you are a corporation; 4. Your members, managers or insurance manager, if you are a limited liability company; or 5. Your elected or appointed officials, officers, members, trustees, board members, commission members, agency members, or your administrator or your insurance manager if you are an organization other than a partnership, joint venture, or limited liability company. Primary and Non -Contributory Provision The following is added to Paragraph 4. Other Insur- ance, b. Excess Insurance under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is primary to and we will not seek contribution from any other insurance available to an additional insured under this policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in a written contract, written agreement or written permit that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Unintentional Failure To Disclose Hazards The following is added to Paragraph B. Representations under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: However, if you should unintentionally fail to disclose any existing hazards in your representations to us at the inception date of the policy, or during the policy period in connection with any additional hazards, we shall not deny coverage under this Coverage Part based upon such failure to disclose hazards. Waiver Cf Transfer Of Rights Of Recovery The following is added to Paragraph S. Transfer of Rights Of Recovery Against Others To Us under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: We will waive any right of recovery we may have against a person or organization because of payments we make for "bodily injury" or "property damage" arising out of your ongoing operations or "your work" done under a written contract or written agreement and included in the "products -completed operations hazard", if: 1. You have agreed to waive any right of recovery against that person or organization in a written contract or written agreement; 2. Such person or organization is an additional insured on your policy; or 3. You have assumed the liability of that person or organization in that same contract, and it is an "Insured contract'. The section above only applies to that person or organization identified above, and only if the "bodily injury" or "property damage" occurs subsequent to the execution of the written contract or written agreement. Liberalization The following condition is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: If we revise this Coverage Part to provide more coverage without additional premium charge, subject to our filed company rules, your policy will automatically provide the additional coverage as of the day the revision Is effective In your state. Two or More Coverage Parts or Policies Issued By Us (This provision is not Applicable in the state of New York or Wisconsin). The following condition is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: It is our intention that the various coverage parts or policies issued to you by us, or any company affiliated with us, do not provide any duplication or overlap of coverage. We have exercised diligence to draft our coverage parts and policies to reflect this intention. However, if the facts and circumstances that will respond to any claim or "suit" give rise to actual or claimed duplication or overlap of coverage between the various coverage parts or policies issued to you by us or any company affiliated with us, the limit of insurance under all such coverage parts or policies combined shall not exceed the highest applicable limit under this coverage, or any one of the other coverage forms or policies. This condition does not apply to any Excess or Umbrella Policy issued by us specifically to apply as excess insurance over this coverage part or policy to which this coverage part is attached. SECTION V - DEFINITIONS Discrimination (This provision does not apply in New York), A. The following is added to Definition 14. "Personal and advertising injury"; "Personal and advertising injury" also means "discrimination" that results in injury to the feelings or reputation of a natural person, however only if such "discrimination" or humiliation is: 1. Not done by or at the direction of: a. The insured; or Copyright, 2018 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. INSUR DIS COPY CG 73 00 01 19 Page 8 of 9 b. Anyone considered an insured under SECTION II -WHO IS AN INSURED, 2. Not done intentionally to cause harm to another person. 3. Not directly or indirectly related to the em- ployment, prospective employment or termi- nation of employment of any person or persons by any insured. 4. Not arising out of any "advertisement" by the insured. B. The following definition is added to SECTION V - DEFINITIONS: "Discrimination" means: a. Any act or conduct that would be considered discrimination under any applicable federal, slate, or local statute, ordinance or law; b. Any act or conduct that results in disparate treatment of, or has disparate impact on, a person, because of that person's race, religion, gender, sexual orientation, age, disability or physical impairment; or c. Any act or conduct characterized or interpreted as discrimination by a person based on that person's race, religion, gender, sexual orienta- tion, age, disability or physical impairment. It does not include acts or conduct characterized or interpreted as sexual intimidation or sexual harass- ment, or intimidation or harassment based on a person's gender. Electronic Data The following definition is added to SECTION V - DEFINITIONS: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cell, data processing devices or any other media which are used with electronically controlled equipment. For the purpose of the Electronic Data Liability coverage provided by this endorsement, Definition 17. "Property damage" is deleted in its entirety and replaced by the following: 17. "Property damage" means; a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the `occurrence" that caused it. For the purpose of the Electronic Data Liability coverage provided by this endorsement, "electronic data" is not tangible property. Employee Amendment Definition 5. "Employee" under SECTION V - DEFINI- TIONS is deleted in its entirety and replaced by the following: 5. "Employee" includes a "leased worker", or a "temporary worker'. If you are a School, "Employee" also includes a student teacher. Golfing Facility The following definition is added to SECTION V - DEFINITIONS: "Golfing facility" means a golf course, golf club, driving range, or miniature golf course. Mental Anguish Amendment (This provision does not apply in New York). Definition 3. "Bodily injury" under SECTION V - DEFINITIONS is deleted In its entirety and replaced with the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. This includes mental anguish resulting from any bodily injury, sickness or disease sustained by a person. (In New York, mental anguish has been determined to be "bodily injury"). Nat -for-profit Member The following definition is added to SECTION V - DEFINITIONS: "Not-for-profit member" means a person who is a member of a not-for-profit organization, including clubs and churches, who receives no financial or other compensation. Copyright, 2018 Selective Insurance Company of America. All rights reserved. CG 73 00 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 9 arson's COPY "EXHIBIT C" "EXHIBITS D.1 and D.2" Bond No. CBB0060536 "EXHIBIT D.1" PERFORMANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Wilson Construction Management. LLC. (as CONTRACTOR, hereinafter referred to as the "Principal"), and National American Insurance Cvm an (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR' S SURETY"), are held and firmly hound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of the City, in the sum of Seventeen Thousand, Seven Hundred Seventy-three Dollars and Fifty-three Cents ($17.773.53), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for the construction of a project known as Bethany Green Stormwater Repair, 775 Bethany Green Ct, Milton, Georgia (hereinafter referred to as "the PROJECT"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"),. NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall fully and completely perform each and all ofthe terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description: Bond No. CBB0060536 -Cont. including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions, and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2_ In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach or default of the Contract: a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) calendar days after written notice from the City to the Contractor's Surety; and L The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor's Surety hereby waives notice of any and all modifications, omissions, additions, changes, and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may he brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact, as set forth below. Band No. CBB0060536 -Cont. CONTRACTOR ("Principal"): Wilson Construction Management, LLC. By Title: ash�--"ignature) Date: c vol phi t. A h n (print) Title: _ AM' n Date: }Attest: Kristen L. Meeks (print) Title: Assistant Date: August 2, 202 t ;A. - CONTRACTOR'S SURETY: National American Insurance Company /-rl .-tip r -) "---") (signat&e) _ Pit ; (signature) A.M. DiGeronimo (print) 11tiLMAi1111j111111 tltttl Fy if Title: Attorney- I n -Fact Date: Amut 24 2 ' _2 l = ^L+�EAE = o2 ••Ij�r1111111fI111111��t,'t (ATTACH SURETY'S POWER OF ATTORNEY) NATIONAL AMERICAN INSURANCE COMPANY CHANDLER, OKLAHOMA Number: CBR0060536 PONDER OF ATTORNEY DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORfGINAL. KNOW ALL MEN BY THESE PRESENTS- That the National American Insurance Company, a corporation duly organized under the laws of the State of 0kiahama, hav[ng hs Pfincipai africa in the city of Chandler, Oklahoma, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 8th day of Al IV, 1987, to wit; 'Resolved. that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney-in-fact, such persons, Hans, or rorporations as may be selected from [[me to time. Resolved that nothing In this Power of Attorney Sha 11 be construed as a grant of authority to Sha attocney(a)-in fact to sign, execute, acknowledge, deliver or otharwise Ensue a poll or policies of Ins uramie on behalf of Nattonat American Insurance company. Be It Further Resolved, that the signature of any officer and the Seal of the Company my he affixed to any such Power of Attomey or any cerlihcate relating thereto by facsimile, and any such Power of AHomey or certificate hearing such facsimile signature or famimila seal shall be valid and binding upon the Company and any such powers so executed and ceRified by facsimile signature and facsimile seal shall he valid and binding upon Iha Company in the future with respect to any bond and documents relating to such bonds to which 9 I attached." National American Insurance Campany does trereby make, constitute and appoint A.M. DiGeronimo, Colin Y. Tui -n,, its true and lawful attomey(s)-indacl, with full power and authority hereby conferred in its name, places and stead, to sign, execute, aoknowiedge and deliver In its behalf, and Its ac: and deed, as follows: To bind the company for hones, not to exceed S4.000,IH7O 00 for any single hand. And to hind Natlonal American Insurance Company thereby as fully and to the same extent as if such bonds and documents relating to such bonds were, signed by to dulyauthorized officer of the National American Insurance Company, and all Sha acts of said Attomay(s) pursuant to She authority herein given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the National American Insurance Company has caused thane presents to he Signed by any ofricar of the Company and Its Corporate Seal to be hereto affixed, oGhN INS& �@Go}r4+lsr� 'FP 19 SEAL no a R� T STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) ss; NATIONAL AMERICAN INSURANCE COMPANY W. Brent LaGere, Chairman & Chief Executive Officer On this 28"° day o1 September, A -O. 2017, before me peraonaIly came W. 8reat LaGere, to me known, who being by me duly swam, did depose and say; that he resides in the County of Lincoln, State of Oklahoma; that ha is the Chairman and Chief Executive Officer of the National American insurance Campeny, tha corporation described in and wh[ch executed the ahove instrument; that he knows the seal of said corporation; thatthe sent affixed to the said instrument Is such corporate seal; that It was a affix ad by order of the Board of Directors of said corporation and that he signed his nam a, thereto by like order. Am"It, EW STATE OF OKLAHOMA } COUNTY OF LINCOLN } SS: Notary Public My Commission Expires April S, 2022 Commission #02006203 I, the undersigned, Secretary of the National American Insurance Company, an Oklahoma Corporation, DO HEREBY CERTIFY that tha foregoing and attached POWER OF ATTORNEY remains In full force. Signed and Sealed at the CTty of Chandler. dated the 2nd day Of August 2Q21 e`d*M3XayM' , ttltliLlllif►�I I Pso- O°K G/qtr 'ye' 7ok h1N INs ►��f1/ x SFAS. R Patrdm4re, Secretary ' Q_ 0-. ��r�11�►►+rft lL 1tt11t�t,% Bond No. CBB0060536 "EXHIBIT D.2" PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Wilson Construction Management, LLC (as CONTRACTOR, hereinafter referred to as the "Principal"), and National American Insilranc- Co pany (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly hound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter de Fined, in the sum of Seventeen Thousand, Seven Hundred Seventy-three Dollars and Fifty-three Cents (17,773.53), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for the construction of a project known as Bethany Green Stormwater Repair, 775 Bethany Green Ct, Milton, Georgia (hereinafter referred to as "the Project"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "Contract''). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services, and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A "Claimant" shall be defined herein as any subcontractor. person, party, partnership, corporation, or other entity furnishing labor, services, or materials used or reasonably required for El Bons! No. CBB0060536 -Cont. use in the performance of the Contract, without regard to whether such labor, services, or materials were sold, leased, or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a lien against the property of the City affected by the Contract, the Contractor's Surety shall either settle or resolve the claim and shall remove any such lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers, as set forth below. [SIGNATURES ON FOLLOWING PAGE] 42 Attest: �r �/�, ignature} 1, nfflfir1 t2. fljjbn (printed) Title.AdL-6 n �T Date.1 2 Attest: (signature) Kristen L. Meeks (printed) Title: Assistant Date: August 2, 202 i Sond No. CBB0060536 -Cont. CONTRACTOR: Wilson Construetion Management, LLC By:' V {signature} t4t416 L- M VVV69- {printed} ;5`il,yylil i711r1)l�4fr• Title:y • e ` ► �• � ''. a : � 40 s Date: 7 ! Z ?� � 4c�,`.� 5 CONTRACTOR'S SURETY: National American Insurance Compatxy C /-1•'(1-)- /-)'r--) (signature) Title: Attorney -[n -Fact = �''j�'v SEAL n Date: A ugu,2. 2021 � t = a te Oi'*, o� FiON,Qf ��a (ATTACH SURETY'S POWER OF ATTORNEY) 43 NATIONAL AMERICAN INSURANCE COMPANY j CHANDLER, OKLAHOMA Number.-CBB0060536 POWER OF ATTORNEY DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNOW ALL MEN BY THESE PRESENTS; That the National American insurance Company, a corporation duly organ tzed under the laws or the State of Oklahrmta, having its principai office in the city of Chandler, Oklahoma, pursuant to the following resolution, adapted by the Board of Directors of the said Company on the 8th day of July, 198 7. to wit_ 'Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as AttorneyAn-fact, such persons, firms, or _orporatfons as may he selected from lime to time. Resolved that nothing h this Power of Attorney shall be construed as a grant of authority to the attorneys) -in fact to sign, execute, acknowledge, deliver or otherwise issue a policy or policies of Insurance on hehalf of National American Insurance Company. Be it Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by racsImIle, and any such Power of Attorney or certificate bearing such facsimile signature or €acsimile Seai shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seal shall ba valid and binding upon the Company in Ilea future with respect to any bond and documents relalIng to such bonds to Which it is attached." National American Insurance Company does hereby make, constitute and appoint A.M. DiGeronimo, Colin Y. Tum) Its true and lawfulattemey(s)-In-fad, with full power and authority hereby conferred in Hs name, pieces and stead, to sign, execute, acknowledge and deliver in its baha If, and Its ad and deed, as follows: 'D hind the company for bonds, not to exceed 54,G00,01)0.013 for any single bond. And to bind National American Insurance Corn parry thereby as fully and to the same extant as t such bonds and documents relating to such bonds were, signed by the duly autharizad officer of the National American Insurance Company, and all the acts of said Attomey(s) pursuant to the authority herein given, are hereby ratified and confirmed. IN WITNESS WHI> REDF. the National American Insurance Company has caused these presents to be signed by any offfcor of the Company and fts Corporate Seal to be hereto affixed. r SEAL ti OkLgt'A►h� STATE OF OKLAHOMA } COUNTY OF LINCOLN ] SS: NATIONAL AMERICAN INSURANCE COMPANY W. Brent LaGere, Chairman & Chief Executive Officer On this 26f1 day of September, A.A. 2017, bate re me personally came W. Brent LaGere, to me known, who being by me duly sworn, did depose and say; that he res Idas In the County of Lincoln, State of Oklahoma; that he is the Chatrman and Chief Executive Officer of the National American Insurance Company, the corporation described In and which executed the above Instrument; that he knows the seal of said corporation; that the seal affixed to the said Instrumant is such corporate sea i; that It was so affixed by arder of the Beard of Directors of said corporation and that he signed his name, thereto by like order. STATE! OF OKLAHOMA } COUNTY OF LINCOLN } SS: �Jyon Notary Public My Commission Expires April 8, 2022 Commission #02006203 1, the unders-rgned, Secretary of the Nation at American Insurance Company, an Oklahoma Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains In full farce. Signed and Sealed at the City of Chandler. Dated the 2uj day of August _2_021 0 ,,,Pi 2421 krr Iwzor `,tjkltiti tri+jo" 16 f 5FAL .=3� %AsiaeP� r �- ' d ` 0 10 R. PawciF ore, SecretaryA r� a �Ao ..• ,tib N' % NATIONAL AMERICAN � INSURAN COMPANY4;V CONTRACTOR EPIDEMIC BOND RIDER To be attached to and form a part of Bond No. CB80060536 , Dated 8/2/2x121 Wilson Construction Managefuent, LLC _ _ , as Principal and National American Insurance Company as Surety, in favor of City of Milton, Georgia as Obligee. Effective 8/2/2021 it is understood and agreed that the bond is changed or revised in the particulars as indicated below: Notwithstanding any provision(s) of this Contract, if as a direct or indirect result of any virus, disease, contagion, including but not limited to COViD-19 {individually or collectively, "Epidemic"), Contractor's work is delayed, disrupted, suspended, or otherwise impacted, including, but limited to. by (1) disruptions to material and/or equipment supply; (2) illness of Contractor's workforce and/or unavailability of labo[.; (3) government quarantines, s lie] ter-in-pl ace orders, closures, or other mandates, restrictions, and/or directives; (4) Owner restrictions and/or directives: (5) fulfillment of Contractor's contractual or legal health and safety obligations associated with an Epidemic; and/or (5) Subcontractors' (to Contractor) work is delayed, disrupted, suspended or otherwise impacted, including, but limited to items (1) through (5) herein. then Contractor shall be entitled to an equitable adjustment to the Contract schedule and duration to account for such disruptions, suspensions, and impacts. To the extent any of the causes identified herein results in an increase in the price of labor, materials, or equipment used in the performance of this Contract, or other costs of performance of the Contract, Contractor shaft be entitled to an equitable adjustment to the Contract price for such increases, provided Contractor presents documentation of such increases {including the original prices and/or estimates) and evidence of Contractor's reasonable efforts to find alternative sources of material or equipment supply and/or labor at the originaI/non-impacted prices and/or estimates. Said Bond shall be subject to all its ten;as, conditions, and limitations, except as herein expressly modified - IN WITNESS WHEREOF, NATIONAL AMERICAN INSURANCE COMPANY has caused its corporate seal to be hereunto affixed this 2nd day of August , 2021 ,��tittts trt IN .......... NATIONAL AMERICAN INSURANCE COMPANY (SEAL)= --Q ��� - n } CAli pt�'� ' i a BY: fry , �` t N-029 (3-20) A.M. DiGerouhno Attorney -in -Fact NATIONAL AMERICAN INSURANCE COMPANY CHANDLER, OKLAHOMA Number' CBB0060536 POWER OF ATTORNEY DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNOW ALL MEN BY THESE PRUSENTS: That the NatlonBI American Insurance Company, a corporatlon duly organized under the laws ai the State of Oklahoma, having Es principal office in the city of Chandler, Oklahoma, pursuant to the following rasa ullon, adopted by the Board of Directors of the sold Campony on the 81h day or July, 1997, to Wil: "Resolved, that any officer of the Company shall have authority to make, execute Zino deliver a Power of Attorney constituting as Adomey-in-fact, such persons, firms, or Corporations as may he selected from limb to time. Resolved that nothing In this Power of Attorney shall be construed as a grant of authority to iha attorney(s)-fn fact to sign, execute, acknowledge, deliver or otherwise issue a paltry or policies of Insurances on behalf of National Amaricen fnsurance Company. Be it Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimlle, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and blind Ing upon the Company and any such powers so executed and certified by facsimile signature and facsiutiie seal shall be valid and binding upon the Company fn the future with respect to any bond and documents relating to such bonds to Which it Is attached." National American Insurance Company does hereby make, conslt bt ! and appoint A.M. DiCieronimo, Colin Y. Tums Its true and lawful attorrley[s)-in-fact, with full power and authority hereby conferred in its name, places and stead, to sign, execute, acKnowledge and deliver in its beh air, and its ac. and deed, as follows; , n bind the company for bonds, not to exceed $d, 000, 000,110 for any single bond. And to bind Natlanal American Insurance Company therapy as fully and 10 the same extant as n such bonds and documents relating to such bonds were, signed by the duly authorized officer of the National American Ira urance Company, and all the acts of said Attorneys) pursuant to the authority heMin given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the Nat] onaI American Insurance Company has caused these presents to he signed by any officer of the Company and its Corporate Seat to he hereto affixed. tiC}„ IR$o* *$44ar16r d S SEAL � a 0k4 yyflA STATE OF OKLAHOMA t COUNTY OF LINCOLN } SS: NATIONAL AMERICAN INSURANCE COMPANY W. Brent LaGere, Chairman & Chief Executive Officer On this 26`" day of September, A.D. 2017, before me personally came W. Brent LaGere, to me known, who being by me duly sworn, did depose and say; that he resides in the County of Lincoin, State of Oklahoma; that he is the Chairman and Chief Executive Officer of the National Amari"h Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of sold corporation; that the seal affixed to the sold Instrument Is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by IIke order. � eta ARF�A J" r ozrr� 01[4 STATE OF OKLAHOMA I COUNTY OF LINCOLN } SS: Notary Public My Commission Expires April 8, 2022 Commission #02005203 i. the undersigned, Sac retary of the Na[lonaI Amerlcan Insurance Company, an Oklahoma Corporation, 00 HEREBY CERTIFY that the furegoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of Chandler. hated the 2Ifd day of August —2021 �'" Ihdb�7 t{4firtl!!fl f►1 '6 Lortsar�rF y� 0 _ �,y".I1YRIS SEAL-`�4►J•P R. Patrick'XIVkre, Secretary !0= 0kLAhid�'�a �f�f��'r►frflltttltt'��}``` "EXHIBIT F" FINAL AFFIDAVIT STATE OF GR - COUNTY OF TO CITY OF MLLTON, GEORGIA 1, , hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by or any of its subcontractors in connection with the construction of for City of Milton, Georgia have been paid and satisfied in fall as of , 20 , and that there are no outstanding obligations or claims of any kind for the payment of which City of Milton, Georgia on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. Signature Title Personally appeared before me this day of, 20 who under oath deposes and says that he is of the firm of that he has read the above statement, and that to the best of his knowledge and belief same is an exact true statement. Notary Public [NOTARY SEAL] My Commission Expires See Exhibit "B" "N/A" "EXHIBIT E" See Exhibit B 44 "EXHIBIT H" See Exhibit C "EXHIBIT I" ADDITIONAL PAYMENT TERMS A. Defined Terms. Terms used in this Agreement shall have their ordinary meaning, unless otherwise defined below or elsewhere in the Contract Documents. (i) "Final Completion" ineans when the Work has been completed in accordance with terms and conditions of the Contract Documents. B. Payment for Work Completed and Costs Incurred. City agrees to pay the Contractor for the Work performed and costs incurred by Contractor upon certification by the Contract Administrator and the City that the Work was actually performed and costs actually incurred in accordance with this Agreement. Compensation for Work performed and reimbursement for costs incurred shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed and costs incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payinen.t (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with C.C.G.A. § 44-14-366. The City shall pay the Contractor within thirty (30) calendar days after approval of the invoice by City staff, less any retainage as described in Section D below. No payments will be made for unauthorized work. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered, though the Contractor may arrange to pick up payments directly from the City or may make written requests for the City to deliver payments to the Contractor by Federal Express delivery at the Contractor's expense. C. Evaluation of Payment Requests. The Contract Administrator will evaluate the Contractor's applications for payment and will either issue to the City a Certificate for Payment (with a copy of the Contractor's application for payment) for such amount as the Contract Administrator determines is properly due, or notify the Contractor and City in writing of the. Contract Administrator's reasons for withholding certification in whole or in part. The Contract Administrator may reject Work that does not conform to the Contract Documents and may withhold a Certificate of Payment in whole or in part, to the extent reasonably necessary to protect the City. When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. Even following a Certificate of Payment, the City shall have the right to refuse payment of any invoice or part thereof that is not properly supported, or where requests for payment for Work or costs are in excess of the actual Work performed or costs incurred, or where the Work product provided is unacceptable or not in conformity with the Contract Documents, as determined by the City in its sole discretion. The City shall pay each such invoice or portion thereof as approved, provided that neither the approval or payment of any such invoice, nor partial or entire use or occupancy of the Project by the City, shall be considered to be evidence of performance by the Contractor to the point indicated by such invoice, or of receipt or acceptance by the City of Work covered by such invoice, where such work is not in accordance with the Contract Documents. D. Final Payment and Retainage. The Contractor through each invoice (except the final invoice) may request payment for no more than ninety percent (90%) of that portion of the Work completed during the term covered by each invoice as agreed upon by the Contract Administrator or the City. All amounts retained by the City shall be held as a lump sum until Final Completion of all Work, regardless of earlier completion of individual component(s) of the Work.. The final payment issued by the City shall include all amounts retained by the City under this paragraph, subject to any deviations in the Work or Change Orders executed pursuant this Agreement. "EXHIBIT P Reserved "EXHIBIT K" The City will be Administering the Contract Itself "EXHIBIT L" See Exhibit.4 "EXHIBIT M" Contractor Responsibility for Project and Worksite During Construction 1. Maintenance of Worksite: The Contractor shall rnaurtain the Project and the surrounding worksite from the Commencement Date until Final Completion of the Project. Such maintenance duties include, but shall not be limited to, continuous and effective prosecution of the Work day by day with adequate equipment and forces to ensure that the roadway or structures within the Project worksite are kept in satisfactory condition at all times. All existing guard rail, signs, pavement, pavement markings, bridge handrail, traffic control devices and other safety appurtenances that are not subject to removal or relocation in the completion of the Work shall also be maintained in a safe and satisfactory condition. The Contractor shall not allow vegetative growth at any time to obstruct signs, delineation, traffic movements, or sight distance. The Contractor shall, as necessary to keep the worksite clean and clear of all Iitter and debris, clears up and remove litter and debris. The Contractor shall, at intervals not to exceed 6 months, remove all weeds from around guard rail, barrier, poles, standards, utility facilities, and other structures, and cut or trim trees, hushes, or tall grass. These requirements shall apply to all areas within the Project worksitc (i.e., the Project termini and lateral limits). All maintenance costs during construction and before the Work is accepted will be included in the Maximum Contract Price (and any individual flat fee or unit prices), and the Contractor will not be paid any additional compensation for such maintenance services. 2. Repair of Worksite and Private Property In the Case of Damage: From the Commencement Date until the Final Completion, the Contractor shall take every precaution against injury or damage to any part of the Project and the surrounding worksite by any cause whatsoever. The Contractor shall rebuild, repair, restore, and make good all. injuries or damages to any portion of the Project or the worksite (with the exception of iniury or damage caused by the sole negligence of the Owner) before Final Completion and shall bear the expense thereof, In case of suspension of Work from any cause whatsoever, the Contractor shall be responsible for the Project and shall take such precautions as may be necessary to prevent damage to the Project, provide for normal drainage and shall erect any necessary temporary structures, sighs, or other facilities at its expense. Where the City elects to carry out a portion of the Work, in accordance with Section 11(A)(ii) of the Agreement, the City will determine if certain precautions are unnecessary and may be waived in that instance. The Contractor shall also take every precaution against injury or damage to private property in or around the worksite and shall repair or replace any private property damaged (directly or indirectly) by the Work. For purposes of progress payments and retainage calculation, and except where otherwise approved by the City in writing, damage to the Project or the worksite shall be repaired to the satisfaction of the City before the Work shall be deemed to have increased in value such that any further progress payments are due to the Contractor. Further, except where otherwise approved by the City in writing, any damage to private property in or around the worksite, which damage is caused by the Contractor, shall be repaired or otherwise addressed to the satisfaction of the City before the Work shall be deemed to have increased in value such that any further progress payments are due to the Contractor. 3. Roadway Maintenance and Repair Duties in Relation to Traffic Activity: If the Project requires that traffic be maintained through the Project worksite during the prosecution of the Work, the Contractor shall assume all responsibility for damage to the Project and surrounding worksite caused by such traffic until Final Completion of the Work. If the Work requires that traffic be relocated to an alternate roadway or the Project is constructed on a new location, the Contractor shall be responsible for all damage to the Project and the worksite until the City directs that the Project be opened to traffic. At that time, the Contractor will no longer be responsible for traffic -related damage to the Project or worksite other than damage attributable to the Contractor's actions or inadequate construction. CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 10, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Conditioned Air Systems, Inc. for Installation of a Trane Ductless Split System in the Court Chambers’ Server Room. MEETING DATE: Monday, August 16, 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 August 16, 2021 X To: Honorable Mayor and City Council Members From: Brooke Lappin, Clerk of Court Date: Submitted July 30, 2021 for the August 16, 2021 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Conditioned Air Systems, Inc. for Installation of a Trane Ductless Split System in the Court Chambers’ Server Room. _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: On August 24, 2021 The City of Alpharetta Municipal Court will relocate their court staff to the Milton Public Safety Complex. This will require some additional servers to be placed in the closet located in the court chambers. This will generate too much heat and will require a separate cooling unit to protect the hardware that will be installed. Funding and Fiscal Impact: The total quoted price is $8,150.00 Procurement Summary: Purchasing method used: 3 Verbal Quotes ($1,000-$4,999) Account Number: 100-2650-5222220000 Requisition Total: $8,150.00 Financial Review: Bernadette Harvill – August 2, 2021 Legal Review: Dennis Bost, Jarrard & Davis, LLP – July 16, 2021 Concurrent Review: Steve Krokoff, City Manager Attachment: Construction Services Agreement – Short Form 1 Construction Services Agreement | Version 1.0 CONSTRUCTION SERVICES AGREEMENT – SHORT FORM Trane Ductless Split System Installation – Court IT Closet This Construction Services Agreement (the “Agreement”) is made and entered into this ___ day of ____, 20__ (the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Milton City Council, located at 2006 Heritage Walk, Milton, Georgia 30004 (hereinafter referred to as the “City”), and Conditioned Air Systems, Inc., a Georgia corporation, having its principal place of business at 2410 Hilton Way, Gainesville, Georgia 30501 (hereinafter referred to as the “Contractor”), collectively referred to herein as the "Parties”. WITNESSETH THAT: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project (defined below); and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in the Contract Documents (defined below). NOW THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: Section 1. Contract Documents: This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the Contract Documents: A. Scope of Work, attached hereto as “Exhibit A”; B. Insurance Certificate, attached hereto as “Exhibit B”; C. Contractor Affidavit, attached hereto as “Exhibit C”; D. Subcontractor Affidavit, attached hereto as “Exhibit D”; and E. City of Milton Code of Ethics (codified in the official Code of the City of Milton). In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work: A general description of the Project is as follows: furnish and install a new Trane ductless split system in the IT closet of the Court area at the Milton Public Safety Complex (the “Project”). The Work to be completed under this Agreement (the “Work”) includes, but shall not be limited to, the work described in the Scope of Work provided in “Exhibit A”, attached hereto and incorporated herein by reference. The Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term “reasonably inferable” takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 3. Contract Term; Termination: Contractor understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. Contractor shall commence Work pursuant to this Agreement on or before the start date to be specified on a written “Notice to Proceed” issued by the City and shall fully complete the Work within fourteen (14) business days of the start date specified in the “Notice to Proceed”. The City may terminate this Agreement for 2 Construction Services Agreement | Version 1.0 convenience at any time upon providing written notice thereof to Contractor. Provided that no damages are due to the City for Contractor’s breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price (defined below) shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $_8,150.00___ (“Contract Price”), except as outlined in Section 4 above. The compensation for Work performed shall be based upon a flat fee_, and Contractor represents that the Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor’s industry, Contractor will give written notice thereof immediately to the City. City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon the City’s certification that the Work was actually performed and costs actually incurred in accordance with this Agreement. No payments will be made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City’s receipt and approval of invoices setting forth in detail the Work performed and costs incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. Invoices shall be submitted upon completion of the “Work” and such invoices shall reflect costs incurred versus costs budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment, as appropriate) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. Section 6. Covenants of Contractor: A. Ethics Code; Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the services required by this Agreement. Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub- consultant under a contract to the prime Contractor or higher tier sub-consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Expertise of Contractor; City’s Reliance on the Work. The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that, therefore, the City bears no responsibility for Contractor’s Work performed under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor’s performance. The Contractor acknowledges and agrees that the acceptance or approval of any Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement and shall not relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor’s Work under professional and industry standards. C. Contractor’s Reliance on Submissions by the City. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. 3 Construction Services Agreement | Version 1.0 D.Contractor’s Representative; Meetings. _________________ [INSERT NAME] shall be authorized to act on Contractor’s behalf with respect to the Work as Contractor’s designated representative. Contractor shall meet with City’s personnel or designated representatives to resolve technical or contractual problems that may occur during the term of this Agreement at no additional cost to City. E.Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies, and/or materials necessary to complete the Work; hiring and payment of subcontractors, agents, or employees to complete the Work, including compliance with Social Security, withholding, and all other regulations governing such matters. Any provisions of this Agreement that may appear to give the City the right to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City’s agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. F.Responsibility of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify, and hold harmless the City and the City’s elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an “Indemnified Party” and collectively “Indemnified Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including, but not limited to, attorney’s fees and costs of defense (“Liabilities”), which may arise from or be the result of a willful, negligent, or tortious act or omission arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. G. Insurance. Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit “B”, attached hereto and incorporated herein by reference. Contractor shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Contractor shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Contractor’s Work and that the City and its officials, employees or agents are named as additional insureds. H.Assignment of Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of, this Agreement, without the prior express written consent of the City. I.Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless: Nick Deaton 4 Construction Services Agreement | Version 1.0 (1)the Contractor shall provide evidence on City-provided forms, attached hereto as “Exhibits “C” and “D” (affidavits to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and its subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in “Exhibit C”, and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event the Contractor contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as “Exhibit D”, which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt. The Contractor and Contractor’s subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Contractor agrees that the employee-number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] [CHECK ONE] ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. J.Confidentiality. Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, contractors, and/or staff to likewise protect such confidential information. K.Licenses, Certifications and Permits. Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits, or the like required of the Contractor by any and all national, state, regional, county or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work. The Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary or customarily secured for proper execution and completion of the Work. L.Authority to Contract. The individual executing this Agreement on behalf of Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners, or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. M.Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other materials, including those in electronic form, prepared or in the process of being prepared for the Work (“Materials”) shall be the property of the City, and the City shall be entitled to full access and copies of all such Materials in the form prescribed by the City. Any and all copyrightable subject matter in all Materials is hereby assigned to the City, and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. X 5 Construction Services Agreement | Version 1.0 N. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed or belief, political affiliation, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. O. Consultants Assisting with Procurement. As required by O.C.G.A. § 36-80-28, if the Agreement requires the Consultant to prepare, develop, or draft specifications or requirements for a solicitation (including bids, requests for proposals, procurement orders, or purchase orders) or to serve in a consultative role during a bid or proposal evaluation or negotiation process: (a) the Consultant shall avoid any appearance of impropriety and shall follow all ethics and conflict- of-interest policies and procedures of the City; (b) the Consultant shall immediately disclose to the City any material transaction or relationship, including, but not limited to, that of the Consultant, the Consultant’s employees, or the Consultant’s agents or subsidiaries, that reasonably could be expected to give rise to a conflict of interest, including, but not limited to, past, present, or known prospective engagements, involvement in litigation or other dispute, client relationships, or other business or financial interest, and shall immediately disclose any material transaction or relationship subsequently discovered during the pendency of the Agreement; and (c) the Consultant agrees and acknowledges that any violation or threatened violation of this paragraph may cause irreparable injury to the City, entitling the City to seek injunctive relief in addition to all other legal remedies. Section 7. Final Project Documents; Warranty: Prior to final payment, Contractor shall deliver to City copies of any as-built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within one (1) year from the date of completion at no additional cost to the City. Section 8. Miscellaneous: A. Complete Agreement; Counterparts; Third Party Rights. This Agreement, including all of the Contract Documents, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. B. Governing Law; Business License; Proper Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern District of Georgia – Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. During the Term of this Agreement, Contractor shall maintain a business license with the City, unless Contractor provides evidence that no such license is required. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor’s profession or business and in compliance with all applicable federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, and Georgia’s Open Records Act (O.C.G.A. § 50-18-70, et seq.). C. Notices. All notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when (1) personally delivered, or (2) on the third calendar day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the addresses first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. D. Waiver, Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one specified in such waiver, and that one only to the extent specifically stated. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. F. Agreement Construction and Interpretation, Invalidity of Provisions; Severability. Contractor represents that it has reviewed and become familiar with the Contract Documents, the nature and extent of the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Contractor represents that it has given the City written notice of all conflicts, errors, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deerned illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. CITY OF MILTON, GEORGIA Signature: Steven Krokoff, City Manager CONT"CTOR: Conditioned A' -Systems, Inc. f J By: Ba a M. Pruitt Its: Executive Assistant ((Assistant) Corporate Secretary if corporation) RATIFIED BY COUNCIL Signature: Joe Lockwood, Mayor Construction Services Agreement ! Version 1.0 7 Construction Services Agreement | Version 1.0 [CITY SEAL] Attest:____________________________________ By: ______________________________ Its: City Clerk Approved as to form: ____________________________________City Attorney “EXHIBIT A” 2410 Hilton Way, S.W. Gainesville, Ga 30501 (o) 770-536-7509 (f) 770-535-8096 www.conditionedairsystems.com SALES • SERVICE • INSTALLATION • RESIDENTIAL • COMMERCIAL • INDUSTRIAL • COMFORT SYSTEMS REVISED PROPOSAL July 14, 2021 Milton Police Department Honor Motes 13690 Highway 9 Milton, GA 30004 RE: Court IT Closet Ductless Split Attn: Honor Motes, Thank you for allowing Conditioned Air Systems, Inc. the opportunity to assist with your comfort needs. We appreciate the confidence you have placed in us and are pleased to offer the following solutions: Trane Ductless Split: Furnish and install new ductless split system Hard-wired thermostat ¼” x ½” refrigerant lineset Electrical and control wiring Condensate drain Total: $8,150 Customer Acceptance: ____________________________________ Date ___________ If you have any questions regarding this proposal, please let me know at your earliest convenience so that we can discuss it in further detail. Thank you again for your consideration. Sincerely, Carter Pegues, Estimator Conditioned Air Systems, Inc. (770) 862-3825 Cell cpegues@conditionedairsystems.com “EXHIBIT B” ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 7/15/2021 (770) 532-0022 (770) 297-4883 13986 Conditioned Air Systems, Inc 2410 Hilton Way, SW Gainesville, GA 30501 A 1,000,000 XX6649203 1/1/2021 1/1/2022 1,000,000 Contractual Liab.10,000 XCU Included 1,000,000 2,000,000 2,000,000 1,000,000A XX6649202 1/1/2021 1/1/2022 10,000,000A XX6649203 1/1/2021 1/1/2022 10,000,000 10,000 A X 6649201 1/1/2021 1/1/2022 1,000,000N1,000,000 1,000,000 Please note due to directives received from the Georgia Department of Insurance we are no longer allowed to enter any special wording in the description of operations field on the certificate. The only wording that can be entered in this field is the wording for which it was intended “Description of Operations/Locations/Vehicles”. We recommend that the certificate holder review the terms and conditions of the endorsement as some policy forms provide additional insured status only when there is a written contract between the Named Insured and the Certificate Holder that requires such status. CG2001 04 13 - GL Primary & Non-Contributory / 18202 11 18 – GL Additional Insured - Owners, Lessees or Contractors / 19217 08 19 - Diamond Liability Premier - GL Waiver of Subrogation / CA2048 – Business Auto Additional Insured / 97240 - Business Auto Plus Auto WOS 15084 05 15 - Business Auto Primary & Non-Contributory / WC000313-WC Waiver of Subrogation / Umbrella is "Follow Form" City of Milton, Georgia 2006 Heritage Walk Milton, GA 30004 CONDAIR-02 CMAY Norton Agency Insurance434 Green Street, NE Gainesville, GA 30501 certificates@nortoninsurance.com Frankenmuth Mutual Insurance Company X X X X X X X XX X X X "EXHIBIT C" CONTRACTOR AFFIDAVIT AND AGREEMENT under O.C.G.A. § 13-10-91(b)(1) STATE OF Georgia COUNTY OF Hall By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-9I, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia, has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period, and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G,A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 127354 Federal Work Authorization User Identification Number June 13, 200$ Date of Authorization Conditioned Air Systems, Inc. Name of Contractor Trane Ductless Split System — Court IT Closet 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 .Iuly 9., 20_2L in Gainesville (city), G r ia(state). thorized Officer orAgentSignature of V' VP of Internal Operations Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 92 DAY OF July 12021 . A NOTARY PUBLIC My Commission Expires: 'IN M' M June 24 2023 COMMISSION Qy explAss Q� 24.29���� /�'� C “EXHIBIT D” SUBCONTRACTOR AFFIDAVIT AND AGREEMENT under O.C.G.A. § 13-10-91(b)(3) STATE OF _________________ COUNTY OF _______________ By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with _Conditioned Air Systems, Inc. on behalf of the City of Milton, Georgia, has registered with, is authorized to use and uses the federal work authorization program commonly known as E- Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub- subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor Trane Ductless Split System – Court IT Closet 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 My Commission Expires: _________________________________ "N/A" CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 10, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Conditioned Air Systems, Inc. for Daikin Ductless Minisplit Installation at City Hall. MEETING DATE: Monday, August 16, 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 August 16, 2021 X X X To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Acting Public Works Director Date: Submitted on July 24, 2021 for the August 16, 2021 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Conditioned Air Systems, Inc. for Daikin Ductless Minisplit Installation at City Hall. _____________________________________________________________________________________ Project Description: The Contractor will furnish and install a three-ton Daikin ductless minisplit air conditioning unit at City Hall. This will provide a redundant air conditioning system for the server room at City Hall. In the event that the existing A/C unit fails, this unit would provide cooling for critical equipment for continued City operations. Procurement Summary: Purchasing method used: 3 Written Quotes ($5,000-$49,999) Account Number: 100-1565-522220000 Requisition Total: $6,753.00 Financial Review: Bernadette Harvill, August 2, 2021 Legal Review: Dennis Bost, Jarrard & Davis, LLP – July 22, 2021 Attachment(s): Construction Services Agreement – Daikin Ductless Minisplit System Installation – City Hall MI LTONIlk I ESTABHSHEDI CONSTRUCTION SERVICES AGREEMENT —SHORT FORM Daikin Ductless Minisplit System Installation — City Hall This Construction Services Agreement (the "Agreement") is made and entered into this _day of , 20_ (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Milton City Council, located at 2006 Heritage Walk, Milton, Georgia 30004 (hereinafter referred to as the "City"), and Conditioned Air Systems, Inc., a Georgia corporation, having its principal place of business at 2410 Hilton Way, Gainesville, Georgia 30501 (hereinafter referred to as the "Contractor"), collectively referred to herein as the "Parties". WITNESSETH THAT: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project (defined below); and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in the Contract Documents (defined below). NOW THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: Section 1. Contract Documents: This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the Contract Documents: A. Scope of Work, attached hereto as "Exhibit A"; B. Insurance Certificate, attached hereto as "Exhibit B"; C. Contractor Affidavit, attached hereto as "Exhibit C"; D. Subcontractor Affidavit, attached hereto as "Exhibit D"; and E. City of Milton Code of Ethics (codified in the official Code of the City of Milton). In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work: A general description of the Project is as follows: furnish and install a new Daikin ductless minisplit system at the Milton City Hall (the "Project"). 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 All, attached hereto and incorporated herein by reference. The Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term "reasonably inferable" takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 3. Contract Term; Termination: Contractor understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. Contractor shall commence Work pursuant to this Agreement on or before the start date to be specified on a written "Notice to Proceed" issued by the City and shall fully complete the Work within fourteen (14) business days of the start date specified in the "Notice to Proceed". The City may terminate this Agreement for Construction Services Agreement � Version 1.0 convenience at any time upon providing written notice thereof to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price (defined below) shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: The total amount paid under this Agreement as compensation for Work perfumed and reimbursement for costs incurred shall not, in any case, exceed $_6,753.00_ ("Contract Price"), except as outlined in Section 4 above. The compensation for Wok perfumed shall be based upon a flat fee_, and Contractor represents that the Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon the City's certification that the Work was actually perfumed and costs actually incurred in accordance with this Agreement. No payments will be made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of invoices setting forth in detail the Work performed and costs incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. Invoices shall be submitted upon completion of the "Work" and such invoices shall reflect costs incurred versus costs budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment, as appropriate) procured by the Contractor from all subcontractor in accordance with O.C.G.A.§ 44-14-366, Section 6. Covenants of Contractor: A. Ethics Code; Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the services required by this Agreement. Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub - consultant under a contract to the prime Contractor or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Expertise of Contractor; City's Reliance on the Work. The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that, therefore, the City bears no responsibility for Contractor's Work performed under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. The Contractor acknowledges and agrees that the acceptance or approval of any Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement and shall not relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards. C. Contractor's Reliance on Submissions by the City. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. Construction Services Agreement (Version I.0 D. Contractor's Representative; Meetings, Nick Deaton [INSERT NAME] shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. Contractor shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of this Agreement at no additional cost to City. E. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies, and/or materials necessary to complete the Work; hiring and payment of subcontractors, agents, or employees to complete the Work, including compliance with Social Security, withholding, and all other regulations governing such matters. Any provisions of this Agreement that may appear to give the City the right to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. F. Responsibility of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify, and hold harmless the City and the City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including, but not limited to, attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of a willful, negligent, or tortious act or omission arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. G. Insurance. Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit `B", attached hereto and incorporated herein by reference. Contractor shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Contractor shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Contractor's Work and that the City and its officials, employees or agents are named as additional insureds. H. Assignment of Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of, this Agreement, without the prior express written consent of the City. 1. Employment of Unauthorized Aliens Prohibited — E -Verb Affidavit. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless: Construction Services Agreement � Version 1.0 (1) the Contractor shall provide evidence on City -provided forms, attached hereto as "Exhibits "C" and "D" (affidavits to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 1640-71)5 that it and its subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in "Exhibit C", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-104-.02. In the event the Contractor contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure fiom such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as "Exhibit D", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] [CHECK ONE] 500 or more employees. 100 or more employees. x Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. J. Confidentiality. Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, contractors, and/or staff to likewise protect such confidential information. K. Licenses, Certifications and Permits. Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits, or the like required of the Contractor by any and all national, state, regional, county or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work. The Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary or customarily secured for proper execution and completion of the Work. L. Authority to Contract. The individual executing this Agreement on behalf of Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners, or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. M. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other materials, including those in electronic form, prepared or in the process of being prepared for the Work ("Materials") shall be the property of the City, and the City shall be entitled to full access and copies of all such Materials in the form prescribed by the City. Any and all copyrightable subject matter in all Materials is hereby assigned to the City, and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. Construction Services Agreement � Version I.0 N. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed or belief, political affiliation, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. O. Consultants Assisting with Procurement. As required by O.C.G.A. § 36-80-28, if the Agreement requires the Consultant to prepare, develop, or draft specifications or requirements for a solicitation (including bids, requests for proposals, procurement orders, or purchase orders) or to serve in a consultative role during a bid or proposal evaluation or negotiation process: (a) the Consultant shall avoid any appearance of impropriety and shall follow all ethics and conflict- of-interest policies and procedures of the City; (b) the Consultant shall immediately disclose to the City any material transaction or relationship, including, but not limited to, that of the Consultant, the Consultant's employees, or the Consultant's agents or subsidiaries, that reasonably could be expected to give rise to a conflict of interest, including, but not limited to, past, present, or known prospective engagements, involvement in litigation or other dispute, client relationships, or other business or financial interest, and shall immediately disclose any material transaction or relationship subsequently discovered during the pendency of the Agreement; and (c) the Consultant agrees and acknowledges that any violation or threatened violation of this paragraph may cause irreparable injury to the City, entitling the City to seek injunctive relief in addition to all other legal remedies. Section 7. Final Proiect Documents; Warranty: Prior to final payment, Contractor shall deliver to City copies of any as -built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within one (l) year from the date of completion at no additional cost to the City. Section 8. Miscellaneous: A. Complete Agreement; Counterparts; Third Party Rights. This Agreement, including all of the Contract Documents, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. B. Governing Law; Business License; Proper Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern District of Georgia—Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. During the Term of this Agreement, Contractor shall maintain a business license with the City, unless Contractor provides evidence that no such license is required. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's profession or business and in compliance with all applicable federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, and Georgia's Open Records Act (O.C.G.A. § 50-18-70, el seg.). C. Notices. All notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when (1) personally delivered, or (2) on the third calendar day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the addresses first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. Consuvction Services Agreement � Version I.0 D. Waiver; Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one specified in such waiver, and that one only to the extent specifically stated. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. Agreement Construction and Interpretation; Invalidity of Provisions; Severability. Contractor represents that it has reviewed and become familiar with the Contract Documents, the nature and extent of the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Contractor represents that it has given the City written notice of all conflicts, errors, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid potion hereof eliminated, it being the intention of the Parties that they would have executed the remaining potion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. SIGNATURES ON THE FOLLOWING PAGE Construction Services Agreement (Version 1.0 Its: [CIRCLE Its: (( ssistan Corporate Secretary if corporation) CITY OF MILTON, GEORGIA Signature: Steven Krokoff, City Manager [CITY SEAL] Attest: By: Its: City Clerk Approved as to form: City Attorney RATIFIED BY COUNCIL Signature: Joe Lockwood, May Construction Services Agreement � Version 1.0 NTRACT i R• C 1 dition it Systems, Inc. By: Baya M. Pruitt Its: [CIRCLE Its: (( ssistan Corporate Secretary if corporation) CITY OF MILTON, GEORGIA Signature: Steven Krokoff, City Manager [CITY SEAL] Attest: By: Its: City Clerk Approved as to form: City Attorney RATIFIED BY COUNCIL Signature: Joe Lockwood, May Construction Services Agreement � Version 1.0 "EXHIBIT A" r +.I Hilton30501 r 770w536w7509 ME 7,r 770w535w8096 CONDITIONED RIR SYSTEMS, INCa www.conditionedairsystems.com. REVISED PROPOSAL July 12, 2021 City of Milton David Bergmaier 2006 Heritage Walk Milton, GA 30004 RE: Milton City HaII Minisplit Attn: Mc Bergmaier, Thank you for allowing Conditioned Air Systems, Inc. the opportunity to assist with your comfort needs. We appreciate the confidence you have placed in us and are pleased to offer the following solutions: Daikin Ductless SnI1t Svstem: • Furnish and install new Daikin minisplit o 3 Ton cooling only o 208-230V / 1 ph / 60Hz o Wired thermostat o External Condensate Pump, o 50' refrigerant line set (1/4" x 5/8") • All necessary electrical, drain, and piping connections included Customer Acceatance: Date Total: 56,753 If you have any questions regarding this proposal, please let me know at your earliest convenience so that we can discuss it in further detail. Thank you again for your consideration. Sincerely, r Cart er Pegues, Estimator Conditioned Air Systems, Inc. (770) 862-3825 Cell cpegues@conditionedairsystems.com SALES •SERVICE •INSTALLATION •RESIDENTIAL •COMMERCIAL • INDUSTRIAL •COMFORT SYSTEMS {il Mo 110 00 m "EXHIBIT C" CONTRACTOR AFFIDAVIT AND AGREEMENT under O.C.G.A. § 1340-91(b)(1) STATE OF Georgia COUNTY OF Hall By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia, has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period, and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A.§ 1340-91(b). Contractor• hereby attests that its federal work authorization user identification number and date of authorization are as follows: 127354 Federal Work Authorization User Identification Number June 13.2008 Date of Authorization Conditioned Air Svstems, Inc. Name of Contractor Daikin Ductless Minisplit System —Milton City Hall 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 Au 4, 20 21 in G mesville (city A (state). ignatur of Authorized Officer or Agent Bava M. Pruitt, VP of Tnternal O en rations Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 4th DAY OF AuQust 2021 . hyi Ad JW) NO UBLIC ```�� M ; Mq� z�.o. ��'' fAq.00. My Commission Expires:'Aft Q ; �O 1 '•, �e000 `m' dow PUBLIC ee June Woo e 24, 2023- : COMMISSION ,rp ,• ees C� C9 so, so rye;' 'JIF9 •O�e 2a,2°•, -k% AR %z'O'•COU�` `�. "N/A" ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 7/21/2021 (770) 532-0022 (770) 297-4883 13986 Conditioned Air Systems, Inc 2410 Hilton Way, SW Gainesville, GA 30501 A 1,000,000 X X 6649203 1/1/2021 1/1/2022 1,000,000 Contractual Liab.10,000 XCU Included 1,000,000 2,000,000 2,000,000 1,000,000A X X 6649202 1/1/2021 1/1/2022 10,000,000A X X 6649203 1/1/2021 1/1/2022 10,000,000 10,000 A X 6649201 1/1/2021 1/1/2022 1,000,000 N 1,000,000 1,000,000 RE: Daikin Ductless Split System at Milton City Hall Please note due to directives received from the Georgia Department of Insurance we are no longer allowed to enter any special wording in the description of operations field on the certificate. The only wording that can be entered in this field is the wording for which it was intended “Description of Operations/Locations/Vehicles”. We recommend that the certificate holder review the terms and conditions of the endorsement as some policy forms provide additional insured status only when there is a written contract between the Named Insured and the Certificate Holder that requires such status. CG2001 04 13 - GL Primary & Non-Contributory / 18202 11 18 – GL Additional Insured - Owners, Lessees or Contractors / 19217 08 19 - Diamond Liability Premier - GL Waiver of Subrogation / CA2048 – Business Auto Additional Insured / 97240 - Business Auto Plus Auto WOS 15084 05 15 - Business Auto Primary & Non-Contributory / WC000313-WC Waiver of Subrogation / Umbrella is "Follow Form" City of Milton, Georgia 2006 Heritage Walk Milton, GA 30004 CONDAIR-02 CMAY Norton Agency Insurance 434 Green Street, NE Gainesville, GA 30501 certificates@nortoninsurance.com Frankenmuth Mutual Insurance Company X X X X X X X X X X X X Policy No. 6649203 Agent No. 0100096 ! &! !. &7(()(;)/ , !& " ! !,! % " &7(()(;)/O ' 4 * * - ) 0) ! !,.% D %!, $ ' : +4 .0+ 3H.&.033 8 3 $)+4C.0H.0$ 046=+$G+4 3.$.64.0$ 4&3 8 3 $)+4C.0H.0$ $ 1 + ' : ! -1 1 $ 9 ( ' ( ': 9):$ & D 97:) ' ( 9 ( ' ( Policy No. 6649203 Agent No. 0100096 , !& " ! !,! % " )A7(7)) )A ' 4 * * )0) !,,! %,D6 + ! 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() C 5.' ) /+ .-23- -95 .E50-95 . 5: : = ' 3 . 11 : ' = $& , 11? $ & , 11? $%& , 1 1 * ' 1 1 1 1 = $& ' 1 1? $ & ' 66 F ? $%& <"### 11 * * * * <"# D + C 5.' ) /+ .-23- -95 .E50-95 . 5: : = H : . . . . 11 1 1 11 ' : *( = $& ' * * 1 1 $ & . .: 1 1* = $& ? $*& 2 ? $ & ' * *6 11 / * *6 11 F $ &$ & $%& ' : = $& ' F ? $*& - I * * ? $ & - 6 ? $& * ? $& ( ? $& - ? $& ? $& - , . $4& ' 1 1 1 1 = $& ' 1 1? !8 4#$" #& Policy No. 6649202 Agent No. 0100096 $*& ' 6 6 F ? $ & <### $"& 11 * * * * <"# 8 * .. , 2 -, 2 '+ .E50-95 5: = $& 5: * $ & H * $& * 5: , D ; * ' 1 1 1 1<#### 3 35 ) ' ) * = 3 1. : 1 : = - F F 1 1 : I 1 1? - 11* * * : I 1 1 1. : 1 : 1 1= ,1 1 1 1 * 1 1 11? * - 1 1 1 1 11 * * 1 1 * * 1 1 * 1 1 1 1 11= $& ' 1 1 1 1 11? $ & ' 1 1 * ; )*) H * : * 11* 1 1 11 6 6 * 1 1) * !8 4#$" #& Policy No. 6649202 Agent No. 0100096 * H : * 4 1 1 7 : *= $& ' * * F 1 1 1 1 * * * 6 11 $ & %# = $& ) : $ & -: <%" <#"# ' 11 * 1 1 11 * : /+ .-2 3- -95 .E50-95 .5: ' 11 3 . . . ! + )9 C 5.' ) /+ .-23- -95 .E50-952 = H 11 6 F 6 F * #M 7 0 11= $& + 11 ? $ & H 1 1 * ? $%& ' 1 1 * 1 1 11 "### * C 5.' ) E ,C )5-C' .)3 ' )- 3 2 *+ ) : # % ' 1* (1 5.' ) E 35 ) ' ) * = 1, (1 * ( 6 * ; % C 5.' ) /+ .-23- -95 .E50-95 . 5: : = H : . . . . 111 1= $& ' F ? $ & 0 6 ? $& 3 ? $*& 3 11 * 1 1 !8 4#$" #& Policy No. 6649202 Agent No. 0100096 * . . : 1 1* = $& ? $ & 2 ? $%& ' * *6 11 / * *6 11 F * $%& ' : = $& . ? $ & , . ? $%& . 3 . ' 1 1 1 1 = $& ' 1 1? $ & ' 66 F ? $%& <### 11 * * * * <"# 9 H <"# *( <"## * 11 6 6 * / ** * % ,, , # 5.' ) E ,C )5 -C' .) 3 ' ) " '0-) 50 0 9/' 05.E50+ -9- )' '/ 50'C * = H I : F * : 1 1 1 1 1 1 1 1 * ' I 4 # ( B I: . * " /, ( * C 5.' ) /+ .-23- -95 .E50-95. . * = H * 3 . . * / * = $& 11= $& H ? $*& H * ? $& * ? $& * 1 1 * * * : * $ & ' 6 11 6 * 11 . . * 11 !8 4#$" #& Policy No. 6649202 Agent No. 0100096 Page 1 of 1CA 20 48 10 13 © Insurance Services Office, Inc., 2011 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured:CONDITIONED AIR SYSTEMS INC Endorsement Effective: 01/01/2021 SCHEDULE Name Of Person(s) Or Organization(s): Any Person(s) or Organization(s) to which the Named Insured agrees in a written contract or agreement executed prior to loss. 2410 Hilton Way Gainesville, GA 30501-6192 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an “insured“ for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an “insured“ under the Who Is An Insured provision contained in Paragraph A.1. of Section II – Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I – Covered Autos Coverages of the Auto Dealers Coverage Form. Policy No. 6649202 Agent No. 0100096 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Primary And Noncontributory -- Other Insurance Condition This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM A. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance - Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement fully executed prior to loss, that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". B. The following is added to the Other Insurance Condition in the Auto Dealers Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". Includes copyrighted material of Insurance Services Office, Inc., with its permission.15084(5-15) Policy No. 6649201 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) Agent No. 0100096 © 1983 National Council on Compensation Insurance. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization with whom the insured agrees to waive subrogation in a written contract. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement No. Premium Endorsement Effective Insured Policy No. Insurance Company Countersigned by__________________________________________ WC 00 03 13 (Ed. 4-84) CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 10, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Memorandum of Understanding between the City of Milton Police Department and the National Sherriff’s Association for Participation in the NSA’s ‘Justice Reinvestment Initiative (JRI): Reducing Violent Crime” Grant to Reduce Violent Crime and Recidivism and Produce Improvement Through Data Sharing (RAPIDS). MEETING DATE: Monday, August 16, 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: __________ August 16, 2021 X X X X To: Honorable Mayor and City Council Members From: George R. Austin, Chief of Police Date: Submitted on August 9, 2021, for the August 16, 2021 City Council Meeting Agenda Item: Approval of Grant Funding from the State of Georgia Criminal Justice Coordinating Council (CJCC), for use of force and de- escalation training. _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This is a Memorandum of Understanding (MOU) between the National Sheriffs’ Association and the Milton Police Department. This is for the Milton Police Departments participation in the NSA’s “Justice Reinvestment Initiative: Reducing Violent Crime” grant to reduce violent crime and recidivism and produce improvement through data sharing (RAPIDS). The Milton Police Department has been invited to participate in RAPIDS by the project’s lead law enforcement agency partner, the Fulton County Sheriff’s Office (FCSO). Funding for RAPIDS is provided to NSA from the Bureau of Justice Assistance (BJA). The National Sheriffs’ Association has been awarded a 3-year Justice Reinvestment Initiative: Reducing Violent Crime grant by the Bureau of Justice Assistance. This MOU allows for the implementation of the RAPIDS project in conjunction with Milton Police Department, NSA, and other agencies in Fulton County and the State of Georgia to share RAPIDS project law enforcement data with participating local, state, and federal law enforcement partners. The NSA will install, implement, and support an innovative and effective integrated data-sharing and data-analysis capacity and notification system to reduce violent crime in Fulton County, and other participating agencies. This consent agenda item is a request for the approval of the MOU Funding and Fiscal Impact: None Page 2 of 3 Alternatives: N/A Legal Review: Jeff Strickland – Jarrard & Davis (July 30,2021) Concurrent Review: Steve Krokoff, City Manager Attachment(s): MOU and Addendum 1 MEMORANDUM OF UNDERSTANDING BETWEEN NATIONAL SHERIFFS’ ASSOCIATION AND MILTON, GEORGIA POLICE DEPARTMENT Addendum No. 1 This Addendum No. 1 supplements that certain Memorandum of Understanding (the “MOU”) between the NATIONAL SHERIFFS’ ASSOCIATION, and the MILTON, GEORGIA POLICE DEPARTMENT, of even date herewith, to add the following provisions thereto: 1. Conflicting Provisions. The provisions of this Addendum supersede and control over any conflicting provisions written into the MOU to which this Addendum is attached. No language in the MOU shall limit the enforceability of this Addendum. 2. Parties to the MOU. The Parties to the MOU are The National Sheriffs’ Association, a nonprofit professional association, incorporated under the laws of the State of Ohio, and presently headquartered in Alexandria, Virginia (“NSA”), and the City of Milton, a Georgia municipality (“City”), on behalf of its Police Department (“MPD”). 3. Term of Agreement. The term of this Agreement (“Term”) shall commence as of _______________, 2021 (the “Effective Date”), and shall remain active for three (3) years, or upon the expiration of the NSA’s Justice Reinvestment Initiative: Reducing Violent Crime grant that it received from the Bureau of Justice Assistance (a component of the Office of Justice Programs, U.S. Department of Justice), whichever occurs first. Because the Term exceeds one calendar or fiscal year, O.C.G.A. § 36-60-13 requires the following language be included herein: This Agreement shall terminate absolutely and without further obligation on the part of the City on September 30 each fiscal year of the Term (based on City’s fiscal year of October 1 – September 30), and further, that this Agreement shall automatically renew on October 1 of each subsequent fiscal year absent City’s provision of written notice of non-renewal to NSA at least thirty (30) days prior to the end of the then current fiscal year. Title to any supplies, materials, equipment, or other personal property shall remain in NSA until fully paid for by City. 4. Confidentiality. NSA acknowledges that City’s disclosure of documentation is governed by Georgia’s Open Records Act, and NSA further acknowledges that if NSA submits records containing trade secret information, and if NSA wishes to keep such records confidential, NSA must submit and attach to 2 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. 5. Termination. a. For Convenience. City may terminate this MOU for convenience at any time upon providing written notice to NSA. b. For Cause. In the event of a breach or default under this MOU, either party may terminate this MOU for cause upon providing at least seven (7) calendar days’ written notice of intent to terminate the MOU for cause and the reasons therefor. If the offending party 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 the complaining party, then the complaining party may, at its election: (a) in writing terminate the MOU in whole or in part; or (b) pursue any other remedy then available, at law or in equity, to such party for such default. c. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this MOU shall be deemed terminated as provided in this Addendum. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy any obligations of City hereunder. d. Conversion to Termination for Convenience. If City terminates this Agreement for cause and it is later determined that City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience as provided above. e. Requirements Upon Termination. Upon termination, NSA 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 NSA in its performance hereunder, whether completed or in process, in the form specified by City. f. Reservation of Rights and Remedies. The rights and remedies of City and NSA provided in this Article are in addition to any other rights and remedies provided under this MOU or at law or in equity. 6. Sovereign Immunity; Indemnity. Nothing contained in this MOU 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 MOU by a majority of the City Council shall authorize the Mayor to execute this MOU on behalf of the City and the MPD. The City shall have no indemnification obligation hereunder. 3 7. Force Majeure. Neither City nor NSA 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 NSA; (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. 8. Material Condition. Each term of the MOU is material, and NSA’s breach of any term of the MOU 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. 9. Assignment of Agreement; Subcontractors. NSA covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City which shall not be unreasonably withheld. As to any approved subcontractors, NSA shall be solely responsible for reimbursing them, and the City shall have no obligation to them. 10. 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 NSA shall provide evidence on the forms attached hereto as Addendum Exhibits “A” and “B” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and its subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period. NSA hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Addendum Exhibit “A”, and submitted such affidavit to City. Further, NSA 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 NSA employs or contracts with any subcontractor(s) to perform services for City, NSA 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 4 the subcontractor affidavit, the form of which is attached hereto as Addendum Exhibit “B”, which subcontractor affidavit shall become part of the contractor/subcontractor agreement. NSA agrees that the employee-number category designated below is applicable to it: ____ 500 or more employees ____ 100 or more employees X Fewer than 100 employees NSA hereby agrees that, in the event NSA employs or contracts with any subcontractor(s) in connection with the Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, NSA will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. If NSA does not employ or contract with any subcontractor(s) to perform services for City, the provisions of this section related to subcontractors shall not apply. 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. [remainder of this page intentionally left blank] [signature page follows] 5 IN WITNESS WHEREOF, CITY and NSA have executed the MOU, including this Addendum No. 1, effective as of this _______ day of ________________, 2021. NATIONAL SHERIFFS’ ASSOCIATION By: 7/15/21 Jessica Vanderpool, Director of Grants & Contracts ATTEST: _________________________________ CITY OF MILTON, GEORGIA, by and through its City Council By: ___________________________________ Joe Lockwood, Mayor ATTEST: By: ___________________________ [AFFIX CITY SEAL] Tammy Lowit, City Clerk Approved as to form: _____________________________ City Attorney 6 EXHIBIT A STATE OF GEORGIA COUNTY OF FULTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the CITY OF MILTON, GEORGIA, has registered with, is authorized to use, and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period, and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 527721 Federal Work Authorization User Identification Number 7/14/21 Date of Authorization NATIONAL SHERIFFS’ ASSOCIATION Name of Contractor RAPIDS Pilot Program 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 15 July, 2021 in Alexandria (city), Virginia (state). Signature of Authorized Officer or Agent Jessica Vanderpool Printed Name and Title of Authorized Officer or Agent 7 EXHIBIT B STATE OF GEORGIA COUNTY OF FULTON SUBCONTACTOR 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 National Sheriffs’ Association, on behalf of the City of Milton, Georgia, has registered with, is authorized to use, and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: ________________________________________ Federal Work Authorization User Identification Number ____________________________________ Date of Authorization ____________________________________ Name of Subcontractor RAPIDS Pilot Program 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 _July 15, 2021 in Alexnadria (city), VA (state). Signature of Authorized Officer or Agent Jessica Vanderpool Printed Name and Title of Authorized Officer or Agent NATIONAL SHERIFFS’ ASSOCIATION 1 of 5 1450 Duke St. • Alexandria, VA 22314 • 703.836.7827 phone • 703.683.6541 fax • www.sheriffs.org • nsamail@sheriffs.org Memorandum of Understanding (MOU) between National Sheriffs’ Association (NSA) and Milton, Georgia Police Department (MPD) This Memorandum of Understanding (MOU) is made and entered into this 1st day of August, 2021 (the “Effective Date”), by and between the National Sheriffs’ Association (NSA) and the Milton (Georgia) Police Department (MPD), (the “Parties” to this Agreement) for the Milton Police Department participation in the NSA’s “Justice Reinvestment Initiative (JRI): Reducing Violent Crime” grant to reduce violent crime and recidivism and produce improvement through data sharing (RAPIDS). The Milton Police Department has been invited to participate in RAPIDS by the project’s lead law enforcement agency partner, the Fulton County Sheriff’s Office (FCSO). Funding for RAPIDS is provided to NSA from the Bureau of Justice Assistance (BJA). WHEREAS, the National Sheriffs’ Association (NSA) has been awarded a 3-year Justice Reinvestment Initiative (JRI): Reducing Violent Crime grant by the Bureau of Justice Assistance (BJA). WHEREAS, the Parties desire and agree to implement the RAPIDS project in conjunction with the Milton Police Department. WHEREAS, the Parties agree to implement the RAPIDS project in conjunction with Milton Police Department, NSA, and other agencies in Fulton County and the State of Georgia to share RAPIDS project law enforcement data with participating local, state and federal law enforcement partners. WHEREAS, the NSA will install, implement and support an innovative and effective integrated data-sharing and data-analysis capacity and notification system to reduce violent crime in Fulton County, and other participating agencies, by uniquely combining three (3) proven and innovative technologies: BI2 Technologies’ I.R.I.S.™ biometric identification system; Watch System’s Offender Watch® convicted sex offender system; and, Secured Communication’s secured mobile criminal justice communications system. NATIONAL SHERIFFS’ ASSOCIATION 2 of 5 1450 Duke St. • Alexandria, VA 22314 • 703.836.7827 phone • 703.683.6541 fax • www.sheriffs.org • nsamail@sheriffs.org WHEREAS, using the grant funds, the NSA will, in collaboration with the Milton Police Department, implement a first-of-its-kind collaborative data-sharing and data-analysis approach and program in Fulton County, Georgia to directly reduce violent crime. The NSA’s RAPIDS pilot project will seamlessly share critically needed information across multiple legacy systems among federal, state, county and local law enforcement partners. WHEREAS, the RAPIDS project will significantly improve cross-jurisdiction and system analysis and intelligence for all participating justice system partners from investigation to arrest through pre-trail, conviction, release, probation, parole and reentry. The system will gather and validate detailed criminal justice and biometric identification data from jails and prisons. The secured sharing of data and intelligence system will be based on results-driven protocols and accountability in accordance with local, state and federal law. WHEREAS, the NSA will provide, using grant funding, all appropriate hardware, RAPIDS software and services, and three (3) years of maintenance and support to implement the RAPIDS project and technologies at the Milton Police Department (MPD) at no cost to MPD. There are also no matching fees or in-kind contributions required to be paid or contributed to the RAPIDS project by MPD or Fulton County. WHEREAS, the NSA, MPD and any other law enforcement, local government and community agencies that decide to participate in the RAPIDS project understand and acknowledge that all data entered into the RAPIDS system shall remain the property of the originating agency. The NSA, MPD and any other law enforcement agencies also understand and acknowledge that all data collected, used and shared among authorized participating agencies shall be stored and maintained on, and accessed through, a secure database server located at the International Justice & Public Safety Network, (Nlets) Nova servers. Nlets Nova is a secure cloud platform for the law enforcement community. THEREFORE, the National Sheriffs’ Association (NSA) and Milton Police Department (MPD) agree to the following: 1.MPD will utilize the technologies provided through the JRI grant to facilitate sharing of law enforcement information among authorized local, county, state and federal law enforcement agencies; NATIONAL SHERIFFS’ ASSOCIATION 3 of 5 1450 Duke St. • Alexandria, VA 22314 • 703.836.7827 phone • 703.683.6541 fax • www.sheriffs.org • nsamail@sheriffs.org 2.MPD will use its best, reasonable efforts to engage with other regional law enforcement agencies in the RAPIDS project; 3.MPD understands that training on the RAPIDS technology and system is essential to the success of the project. As such, MPD will ensure that all MPD personnel who will be using the technology will participate in required training; 4.MPD commits to work closely with NSA and FCSO project management staff to monitor and evaluate data collected, operational processes and personnel usage, and suggestions for enhancements to the RAPIDS system; 5.MPD will designate a primary Point-of-Contact (POC) and Project Manager to coordinate and oversee the RAPIDS project with the NSA’s project POC; 6.NSA will designate a primary Point-of-Contact (POC) and Project Manager to coordinate and oversee the RAPIDS project with the MPD’s POC. The NSA designates Candace Hill, Project Manager; 7.Both parties understand and agree their respective POCs may change during the project. Both parties agree to inform the other, in writing, within 30 days, of any change in their respective POC. 8.Through the JRI grant, the NSA will provide MPD the appropriate technology, including necessary hardware, RAPIDS software and services, and three (3) years of support, to participate in the RAPIDS project and technologies; 9.Collaboratively work with law enforcement agencies to reduce the number and rate of violent crime, including murder, by implementing and supporting RAPIDS, a comprehensive system of improved, evidence-based data and information sharing tools and capabilities; 10.Leverage existing technologies and databases by securely making required information immediately available through a cloud-based integration of current intelligence assets; NSA will, in conjunction with MPD and other participating agencies, design, develop and complete technical data collection methodology; 11.NSA will, in conjunction with MPD and other participating agencies, perform analysis to identify gaps in data-sharing, integration, analysis and notification capabilities that can be enhanced and improved by building, implementing and using secure data-sharing technologies and infrastructure; 12.MPD and NSA will improve and combine existing and proven technologies into an integrated, real-time cloud-based data-sharing, notification and alerts platform; 13.Produce quantitative and qualitative analysis of impact of systems; 14.Reduce recidivism by violent offenders; 15.Increase understanding/adoption of integrated community and system-based data-sharing; NATIONAL SHERIFFS’ ASSOCIATION 4 of 5 1450 Duke St. • Alexandria, VA 22314 • 703.836.7827 phone • 703.683.6541 fax • www.sheriffs.org • nsamail@sheriffs.org 16.MPD commits to implement appropriate and required programmatic and personnel initiatives related to the use of the RAPIDS Project technology; 17.MPD will assist the NSA in defining and producing monthly, quantifiable reports from participating law enforcement including assisting in the definition of any modifications and enhancements to the RAPIDS project or technologies; 18.MPD will discuss with the RAPIDS Project Team an approach to monitor and update related data sets that may impact the offenders’ outcomes, e.g., service agencies; and, 19.MPD will monitor agency operations that are relevant to the evaluation of the initiative. RAPIDS Project Implementation and Operational Period The NSA announced the initial JRI grant award on Friday, September 27, 2019. The original grant and project period was three (3) years from the implementation date or September 26, 2022. However, the implementation date has been delayed as a result of administrative processing time and the COVID-19 pandemic. The implementation and project commencement date for RAPIDS at the Fulton County Sheriff’s Office is Tuesday, February 22, 2021. Project commencement at the Milton Police Department will be August 1, 2021. JRI grant funding for the project may end in 2022 if no additional funding is provided. The NSA and MPD understand and agree that the RAPIDS project implementation and operational period shall be for a three (3) year period starting on Tuesday, February 22, 2021 and ending on Wednesday, February 21, 2024. The NSA and MPD commit to manage and operate the RAPIDS project during this three (3) year period regardless of whether additional funding is secured to continue or expand the project. Both parties agree and acknowledge that there will be no cost to MPD or Milton City during the project implementation and operational period. Severability In the event any portion of this MOU shall be finally determined by any court of competent jurisdiction to be invalid or unenforceable, such provisions shall be deemed void and the remainder of this Agreement shall continue in full force and effect. Governing Laws This MOU shall be construed in accordance with and governed by the laws of the State of Georgia. NATIONAL SHERIFFS’ ASSOCIATION 5 of 5 1450 Duke St. • Alexandria, VA 22314 • 703.836.7827 phone • 703.683.6541 fax • www.sheriffs.org • nsamail@sheriffs.org Notices All notices, requests, demands, and other communications related to this MOU shall be in writing and shall be mailed first class, registered or certified mail, return receipt requested, postage prepaid, or transmitted by hand delivery, overnight delivery service, or fax addressed as follows: George "Rich" Austin Police Chief Milton Police Department 13690 Highway 9 Milton, GA 30004 Jessica Vanderpool Director of Grants and Contracts National Sheriffs’ Association 1450 Duke Street Alexandria, Virginia 22314 Entire Agreement This MOU represents the entire agreement between the parties, and supersedes all prior communications, both oral and written. For the Milton Police Department: George "Rich" Austin, Chief of Police ________________________________________ Date: __/__ /____ For the National Sheriffs’ Association: Jessica Vanderpool, Director of Grants & Contracts Date: Date: 7/15/2021 1 MEMORANDUM OF UNDERSTANDING BETWEEN NATIONAL SHERIFFS’ ASSOCIATION AND MILTON, GEORGIA POLICE DEPARTMENT Addendum No. 1 This Addendum No. 1 supplements that certain Memorandum of Understanding (the “MOU”) between the NATIONAL SHERIFFS’ ASSOCIATION, and the MILTON, GEORGIA POLICE DEPARTMENT, of even date herewith, to add the following provisions thereto: 1. Conflicting Provisions. The provisions of this Addendum supersede and control over any conflicting provisions written into the MOU to which this Addendum is attached. No language in the MOU shall limit the enforceability of this Addendum. 2. Parties to the MOU. The Parties to the MOU are The National Sheriffs’ Association, a nonprofit professional association, incorporated under the laws of the State of Ohio, and presently headquartered in Alexandria, Virginia (“NSA”), and the City of Milton, a Georgia municipality (“City”), on behalf of its Police Department (“MPD”). 3. Term of Agreement. The term of this Agreement (“Term”) shall commence as of _______________, 2021 (the “Effective Date”), and shall remain active for three (3) years, or upon the expiration of the NSA’s Justice Reinvestment Initiative: Reducing Violent Crime grant that it received from the Bureau of Justice Assistance (a component of the Office of Justice Programs, U.S. Department of Justice), whichever occurs first. Because the Term exceeds one calendar or fiscal year, O.C.G.A. § 36-60-13 requires the following language be included herein: This Agreement shall terminate absolutely and without further obligation on the part of the City on September 30 each fiscal year of the Term (based on City’s fiscal year of October 1 – September 30), and further, that this Agreement shall automatically renew on October 1 of each subsequent fiscal year absent City’s provision of written notice of non-renewal to NSA at least thirty (30) days prior to the end of the then current fiscal year. Title to any supplies, materials, equipment, or other personal property shall remain in NSA until fully paid for by City. 4. Confidentiality. NSA acknowledges that City’s disclosure of documentation is governed by Georgia’s Open Records Act, and NSA further acknowledges that if NSA submits records containing trade secret information, and if NSA wishes to keep such records confidential, NSA must submit and attach to 2 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. 5. Termination. a. For Convenience. City may terminate this MOU for convenience at any time upon providing written notice to NSA. b. For Cause. In the event of a breach or default under this MOU, either party may terminate this MOU for cause upon providing at least seven (7) calendar days’ written notice of intent to terminate the MOU for cause and the reasons therefor. If the offending party 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 the complaining party, then the complaining party may, at its election: (a) in writing terminate the MOU in whole or in part; or (b) pursue any other remedy then available, at law or in equity, to such party for such default. c. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this MOU shall be deemed terminated as provided in this Addendum. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy any obligations of City hereunder. d. Conversion to Termination for Convenience. If City terminates this Agreement for cause and it is later determined that City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience as provided above. e. Requirements Upon Termination. Upon termination, NSA 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 NSA in its performance hereunder, whether completed or in process, in the form specified by City. f. Reservation of Rights and Remedies. The rights and remedies of City and NSA provided in this Article are in addition to any other rights and remedies provided under this MOU or at law or in equity. 6. Sovereign Immunity; Indemnity. Nothing contained in this MOU 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 MOU by a majority of the City Council shall authorize the Mayor to execute this MOU on behalf of the City and the MPD. The City shall have no indemnification obligation hereunder. 3 7. Force Majeure. Neither City nor NSA 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 NSA; (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. 8. Material Condition. Each term of the MOU is material, and NSA’s breach of any term of the MOU 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. 9. Assignment of Agreement; Subcontractors. NSA covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City which shall not be unreasonably withheld. As to any approved subcontractors, NSA shall be solely responsible for reimbursing them, and the City shall have no obligation to them. 10. 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 NSA shall provide evidence on the forms attached hereto as Addendum Exhibits “A” and “B” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and its subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period. NSA hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Addendum Exhibit “A”, and submitted such affidavit to City. Further, NSA 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 NSA employs or contracts with any subcontractor(s) to perform services for City, NSA 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 4 the subcontractor affidavit, the form of which is attached hereto as Addendum Exhibit “B”, which subcontractor affidavit shall become part of the contractor/subcontractor agreement. NSA agrees that the employee-number category designated below is applicable to it: ____ 500 or more employees ____ 100 or more employees X Fewer than 100 employees NSA hereby agrees that, in the event NSA employs or contracts with any subcontractor(s) in connection with the Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, NSA will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. If NSA does not employ or contract with any subcontractor(s) to perform services for City, the provisions of this section related to subcontractors shall not apply. 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. [remainder of this page intentionally left blank] [signature page follows] 5 IN WITNESS WHEREOF, CITY and NSA have executed the MOU, including this Addendum No. 1, effective as of this _______ day of ________________, 2021. NATIONAL SHERIFFS’ ASSOCIATION By: 7/15/21 Jessica Vanderpool, Director of Grants & Contracts ATTEST: _________________________________ CITY OF MILTON, GEORGIA, by and through its City Council By: ___________________________________ Joe Lockwood, Mayor ATTEST: By: ___________________________ [AFFIX CITY SEAL] Tammy Lowit, City Clerk Approved as to form: _____________________________ City Attorney 6 EXHIBIT A STATE OF GEORGIA COUNTY OF FULTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the CITY OF MILTON, GEORGIA, has registered with, is authorized to use, and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period, and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 527721 Federal Work Authorization User Identification Number 7/14/21 Date of Authorization NATIONAL SHERIFFS’ ASSOCIATION Name of Contractor RAPIDS Pilot Program 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 15 July, 2021 in Alexandria (city), Virginia (state). Signature of Authorized Officer or Agent Jessica Vanderpool Printed Name and Title of Authorized Officer or Agent 7 EXHIBIT B STATE OF GEORGIA COUNTY OF FULTON SUBCONTACTOR 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 National Sheriffs’ Association, on behalf of the City of Milton, Georgia, has registered with, is authorized to use, and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: ________________________________________ Federal Work Authorization User Identification Number ____________________________________ Date of Authorization ____________________________________ Name of Subcontractor RAPIDS Pilot Program 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 _July 15, 2021 in Alexnadria (city), VA (state). Signature of Authorized Officer or Agent Jessica Vanderpool Printed Name and Title of Authorized Officer or Agent NATIONAL SHERIFFS’ ASSOCIATION 1 of 5 1450 Duke St. • Alexandria, VA 22314 • 703.836.7827 phone • 703.683.6541 fax • www.sheriffs.org • nsamail@sheriffs.org Memorandum of Understanding (MOU) between National Sheriffs’ Association (NSA) and Milton, Georgia Police Department (MPD) This Memorandum of Understanding (MOU) is made and entered into this 1st day of August, 2021 (the “Effective Date”), by and between the National Sheriffs’ Association (NSA) and the Milton (Georgia) Police Department (MPD), (the “Parties” to this Agreement) for the Milton Police Department participation in the NSA’s “Justice Reinvestment Initiative (JRI): Reducing Violent Crime” grant to reduce violent crime and recidivism and produce improvement through data sharing (RAPIDS). The Milton Police Department has been invited to participate in RAPIDS by the project’s lead law enforcement agency partner, the Fulton County Sheriff’s Office (FCSO). Funding for RAPIDS is provided to NSA from the Bureau of Justice Assistance (BJA). WHEREAS, the National Sheriffs’ Association (NSA) has been awarded a 3-year Justice Reinvestment Initiative (JRI): Reducing Violent Crime grant by the Bureau of Justice Assistance (BJA). WHEREAS, the Parties desire and agree to implement the RAPIDS project in conjunction with the Milton Police Department. WHEREAS, the Parties agree to implement the RAPIDS project in conjunction with Milton Police Department, NSA, and other agencies in Fulton County and the State of Georgia to share RAPIDS project law enforcement data with participating local, state and federal law enforcement partners. WHEREAS, the NSA will install, implement and support an innovative and effective integrated data-sharing and data-analysis capacity and notification system to reduce violent crime in Fulton County, and other participating agencies, by uniquely combining three (3) proven and innovative technologies: BI2 Technologies’ I.R.I.S.™ biometric identification system; Watch System’s Offender Watch® convicted sex offender system; and, Secured Communication’s secured mobile criminal justice communications system. Commented [CH1]: I'm not sure we need to delete Offender Watch language even if it's not going to be used at FCDA, as they will have access to sex offender data via RAPIDS searches and we will be using it with other collaborating agencies, but let me know how it reads to you, as we don't want to promise something we won't deliver. Commented [JV2R1]: I agree that it should stay because it is one part that makes up the entire system and, like you said, the data sharing piece makes it important to include NATIONAL SHERIFFS’ ASSOCIATION 2 of 5 1450 Duke St. • Alexandria, VA 22314 • 703.836.7827 phone • 703.683.6541 fax • www.sheriffs.org • nsamail@sheriffs.org WHEREAS, using the grant funds, the NSA will, in collaboration with the Milton Police Department, implement a first-of-its-kind collaborative data-sharing and data-analysis approach and program in Fulton County, Georgia to directly reduce violent crime. The NSA’s RAPIDS pilot project will seamlessly share critically needed information across multiple legacy systems among federal, state, county and local law enforcement partners. WHEREAS, the RAPIDS project will significantly improve cross-jurisdiction and system analysis and intelligence for all participating justice system partners from investigation to arrest through pre-trail, conviction, release, probation, parole and reentry. The system will gather and validate detailed criminal justice and biometric identification data from jails and prisons. The secured sharing of data and intelligence system will be based on results-driven protocols and accountability in accordance with local, state and federal law. WHEREAS, the NSA will provide, using grant funding, all appropriate hardware, RAPIDS software and services, and three (3) years of maintenance and support to implement the RAPIDS project and technologies at the Milton Police Department (MPD) at no cost to MPD. There are also no matching fees or in-kind contributions required to be paid or contributed to the RAPIDS project by MPD or Fulton County. WHEREAS, the NSA, MPD and any other law enforcement, local government and community agencies that decide to participate in the RAPIDS project understand and acknowledge that all data entered into the RAPIDS system shall remain the property of the originating agency. The NSA, MPD and any other law enforcement agencies also understand and acknowledge that all data collected, used and shared among authorized participating agencies shall be stored and maintained on, and accessed through, a secure database server located at the International Justice & Public Safety Network, (Nlets) Nova servers. Nlets Nova is a secure cloud platform for the law enforcement community. THEREFORE, the National Sheriffs’ Association (NSA) and Milton Police Department (MPD) agree to the following: 1. MPD will utilize the technologies provided through the JRI grant to facilitate sharing of law enforcement information among authorized local, county, state and federal law enforcement agencies; Commented [CH3]: If they are using RAPIDS to access info only, I'm not sure they will need hardware - maybe just software. I can ask Sean to review ti as well. Let me know. Commented [JV4R3]: I was wondering this myself. I think we definitely need to ask Sean. Commented [JV5]: To your point in your first comment, I added "appropriate technologies" in case they claim we promised full implementation of all 3. Each participating agency receives the technologies that appropriate for their role in the project. NATIONAL SHERIFFS’ ASSOCIATION 3 of 5 1450 Duke St. • Alexandria, VA 22314 • 703.836.7827 phone • 703.683.6541 fax • www.sheriffs.org • nsamail@sheriffs.org 2. MPD will use its best, reasonable efforts to engage with other regional law enforcement agencies in the RAPIDS project; 3. MPD understands that training on the RAPIDS technology and system is essential to the success of the project. As such, MPD will ensure that all MPD personnel who will be using the technology will participate in required training; 4. MPD commits to work closely with NSA and FCSO project management staff to monitor and evaluate data collected, operational processes and personnel usage, and suggestions for enhancements to the RAPIDS system; 5. MPD will designate a primary Point-of-Contact (POC) and Project Manager to coordinate and oversee the RAPIDS project with the NSA’s project POC; 6. NSA will designate a primary Point-of-Contact (POC) and Project Manager to coordinate and oversee the RAPIDS project with the MPD’s POC. The NSA designates Candace Hill, Project Manager; 7. Both parties understand and agree their respective POCs may change during the project. Both parties agree to inform the other, in writing, within 30 days, of any change in their respective POC. 8. Through the JRI grant, the NSA will provide MPD the appropriate technology, including necessary hardware, RAPIDS software and services, and three (3) years of support, to participate in the RAPIDS project and technologies; 9. Collaboratively work with law enforcement agencies to reduce the number and rate of violent crime, including murder, by implementing and supporting RAPIDS, a comprehensive system of improved, evidence-based data and information sharing tools and capabilities; 10. Leverage existing technologies and databases by securely making required information immediately available through a cloud-based integration of current intelligence assets; NSA will, in conjunction with MPD and other participating agencies, design, develop and complete technical data collection methodology; 11. NSA will, in conjunction with MPD and other participating agencies, perform analysis to identify gaps in data-sharing, integration, analysis and notification capabilities that can be enhanced and improved by building, implementing and using secure data-sharing technologies and infrastructure; 12. MPD and NSA will improve and combine existing and proven technologies into an integrated, real-time cloud-based data-sharing, notification and alerts platform; 13. Produce quantitative and qualitative analysis of impact of systems; 14. Reduce recidivism by violent offenders; 15. Increase understanding/adoption of integrated community and system-based data-sharing; NATIONAL SHERIFFS’ ASSOCIATION 4 of 5 1450 Duke St. • Alexandria, VA 22314 • 703.836.7827 phone • 703.683.6541 fax • www.sheriffs.org • nsamail@sheriffs.org 16. MPD commits to implement appropriate and required programmatic and personnel initiatives related to the use of the RAPIDS Project technology; 17. MPD will assist the NSA in defining and producing monthly, quantifiable reports from participating law enforcement including assisting in the definition of any modifications and enhancements to the RAPIDS project or technologies; 18. MPD will discuss with the RAPIDS Project Team an approach to monitor and update related data sets that may impact the offenders’ outcomes, e.g., service agencies; and, 19. MPD will monitor agency operations that are relevant to the evaluation of the initiative. RAPIDS Project Implementation and Operational Period The NSA announced the initial JRI grant award on Friday, September 27, 2019. The original grant and project period was three (3) years from the implementation date or September 26, 2022. However, the implementation date has been delayed as a result of administrative processing time and the COVID-19 pandemic. The implementation and project commencement date for RAPIDS at the Fulton County Sheriff’s Office is Tuesday, February 22, 2021. Project commencement at the Milton Police Department will be August 1, 2021. JRI grant funding for the project may end in 2022 if no additional funding is provided. The NSA and MPD understand and agree that the RAPIDS project implementation and operational period shall be for a three (3) year period starting on Tuesday, February 22, 2021 and ending on Wednesday, February 21, 2024. The NSA and MPD commit to manage and operate the RAPIDS project during this three (3) year period regardless of whether additional funding is secured to continue or expand the project. Both parties agree and acknowledge that there will be no cost to MPD or Milton City during the project implementation and operational period. Severability In the event any portion of this MOU shall be finally determined by any court of competent jurisdiction to be invalid or unenforceable, such provisions shall be deemed void and the remainder of this Agreement shall continue in full force and effect. Governing Laws This MOU shall be construed in accordance with and governed by the laws of the State of Georgia. NATIONAL SHERIFFS’ ASSOCIATION 5 of 5 1450 Duke St. • Alexandria, VA 22314 • 703.836.7827 phone • 703.683.6541 fax • www.sheriffs.org • nsamail@sheriffs.org Notices All notices, requests, demands, and other communications related to this MOU shall be in writing and shall be mailed first class, registered or certified mail, return receipt requested, postage prepaid, or transmitted by hand delivery, overnight delivery service, or fax addressed as follows: George "Rich" Austin Police Chief Milton Police Department 13690 Highway 9 Milton, GA 30004 Jessica Vanderpool Director of Grants and Contracts National Sheriffs’ Association 1450 Duke Street Alexandria, Virginia 22314 Entire Agreement This MOU represents the entire agreement between the parties, and supersedes all prior communications, both oral and written. For the Milton Police Department: George "Rich" Austin, Chief of Police ________________________________________ Date: __/__ /____ For the National Sheriffs’ Association: Jessica Vanderpool, Director of Grants & Contracts Date: Date: 7/15/2021 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 10, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Services Agreement between the City of Milton and Capital City Electrical Services, LLC for On-Call Electrical Services. MEETING DATE: Monday, August 16, 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: __________ August 16, 2021 X X X X To: Honorable Mayor and City Council Members From: Sara Leaders, P.E., Acting Public Works Director Date: Submitted on August 4, 2021 for the August 16, 2021 Regular City Council Meeting Agenda Item: Approval of a Services Agreement between the City of Milton and Capital City Electrical Services, LLC for On-Call Electrical Services. _____________________________________________________________________________________ Project Description: Two vendors have been selected for contract award: Capital City Electrical Services, LLC and Meer Electrical Contractors, Inc. The Contractor will provide on-call electrical services for City of Milton facilities, buildings, parking lots, grounds, and right-of-ways/roundabouts on an as-needed basis. Annual contract price shall not exceed $49,000. This contract has an option of three (3) annual renewals beginning October 1, 2021 and ending September 30, 2024. Due to the competitive pricing and ability to meet the City’s response needs for these type services, the City decided to select both companies for contract award. Staff is recommending the award of individual contracts with each of the two above named vendors. Procurement Summary: Purchasing method used: RFP Account Number: Facility and Grounds Repair & Maintenance Accounts Across Impacted Departments Requisition Total: Not to exceed $49,000 Financial Review: Bernadette Harvill, August 6, 2021 Legal Review: Dennis Bost, Jarrard & Davis, LLP – August 2, 2021 Attachment(s): On-Call Services Agreement – Capital City LTON11d ESTABLISHED 2006 AGREEMENT FOR ON-CALL ELECTRICAL SERVICES THIS AGREEMENT is made and entered into this day of , 20 (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council (hereinafter referred to as the "City"), and Capital City Electrical Services, 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 in the completion of a Project (defined below); and WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, 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 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 Exhibit "D" — Contractor Affidavit Exhibit "E" — Subcontractor Affidavit B. Proiect Description. The "Project" at issue in this Agreement is generally described as: On -Call Electrical Services for City of Milton facilities, buildings, parking lots, grounds, and right-of-ways/roundabouts. 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. "Task Orders" will be issued to the Contractor stating each task requested of Contractor by the City. Unless otherwise stated in Exhibit "C" or in a Task Order, the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work or in a Task Order, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. The Parties agree that this is not a contract for public works construction subject to the provisions of O.C.G.A. Title 36, Chapter 91, or Title 36, Chapter 10, Article 2. 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. Emergency projects or repairs shall require a response to the site within two (2) hours, preferably sooner. Emergency services shall be available 24 hours per day 365 days per year. The timing of service delivery is set forth in more detail in Exhibit "C". The term of this Agreement ("Term") shall commence as of the Effective Date, and terminate without further obligation on the part of the City on September 305 2021 (provided that certain obligations will survive termination/expiration of this Agreement). In accordance with O.C.G.A. § 36-60-13, this Agreement shall automatically renew for three (3) successive annual renewal terms (the first renewal term commencing on October 1, 2021 — and ending on September 30, 2022) (each renewal term is collectively referenced herein as "Renewal Terms," and individually referenced as "Renewal Term") absent City's provision of written notice of non -renewal to Contractor at least five (5) days prior to first day of the Renewal Terms. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by City. II. TASK ORDERS AND WORK CHANGES A. Taslc Orders. All Work will be ordered by Task Order in writt en form (email is acceptable) sufficient to describe the scope of work requested. Task Orders may but need not define a "not to exceed without permission" budget for the Work. Task Orders shall be performed in accordance with the terms of this Agreement, and must be issued by the City's Representative as defined herein) or his or her delegate and sent to the Contractor's Representative (as defined herein) or his or her delegate. B. Change Order Defined. A "Change Order" means a written modification of this Agreement, signed by representatives of City and Contractor with appropriate authorization and in accordance with the City's Purchasing Policy and any City budget restrictions. C. Authority to Execute Chane 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 Annual 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 Annual 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 price" (which represents the total aggregate expenditure amount that was appropriated for the Term and Renewal Terms herein). III. COMPENSATION AND METIIOD 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. City shall pay Contractor within thirty (30) days after approval of the invoice by City staff. B. Annual Contract Price. The total amount paid during the initial Term of this Agreement or during any single Renewal Term as compensation for Work performed shall not, in any case, exceed $49,000.00 (the "Annual Contract Price"), except as outlined in a Change Order described in Section II(B) above. The compensation for Work performed shall be based upon the hourly worker rates and cost rates set forth in Exhibit "B" herein, and on an as -needed basis according to the Task Orders as described in Section I(C) and Section II(A) herein. C. Reimbursement for Costs. The Annual Contract Price set fort h in Section III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the Project, and reimbursement for costs incurred shall be limited as follows: Contractor shall be reimbursed I or costs in the types and at the rates set forth in Exhibit "B". 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 3 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. § 504&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.01 r [INSERT NAME] shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. F. Assignment of Agreement. Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of City. As to any approved subcontractors, Contractor shall be solely responsible for reimbursing them, and City shall have no obligation to them. G. Responsibility of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless City and City's elected and appointed officials, officers, boards, commissions, employees, representatives, Contractors, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or 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 Parry, 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 A 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 E subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and City by virtue of this Agreement with Contractor. Any provisions of this Agreement that may appear to give City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and City may hire additional entities to perform the Work related to this Agreement. Inasmuch as City and Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the Aber, 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) Professional Liability of at least $1,000,000 (one million dollars) limit for claims arising out of professional services and caused by FR Contractor's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and Employers' Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If 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 Professional Liability. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City in writing so that City may ensure the financial solvency of 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 Covera5e0 (i) Additional Insured Requirement. City and City's elected and appointed officials, officers, boards, commissioners, employees, representatives, Contractors, servants, agents and volunteers (individually "Insured Party" and collectively "Insured Parties") shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, leased, or used by Contractor; automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primacy 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. Start ing and Ending Dates. Policies shall have concurrent starting and ending dates. rel 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 Pam City shall be named as an additional insured and loss payee on all policies required by this Agreement, except City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers' Compensation policy. (10) Pro ress 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. § 1340-91, 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 300404-.02. In the event Contractor employs or contracts with any subcontractors) in connection with the covered contract, Contractor agrees to secure from such subcontractors) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 30040-1-.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. § 134 0-91, 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 10 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. § 1340-91.] [MARK APPROPRIATE CATEGORY] 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractors) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 1340-91, Contractor will secure from the subcontractors) 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. RecordsRecords, Reports and Auditsand 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 11 findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, Contractor shall furnish to City any and all Records in the form requested by City. All Records provided electronically must be in a format compatible with City's computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, Contractor shall make available to City or City's representative(s) for examination all Records. Contractor will permit City or City's representative(s) to audit, examine, and make excerpts or transcripts from such Records. Contractor shall provide proper facilities for City or City's representative(s) to access and inspect the Records, or, at the request of City, shall make the Records available for inspection at City's office. Further, Contractor shall permit City or City's representative(s) to observe and inspect any or all of Contractor's facilities and activities during normal hours of business for the purpose of evaluating Contractor's compliance with the terms of this Agreement. In such instances, City or City's representative(s) shall not interfere with or disrupt such activities. L. Ethics Code; Conflict of Interest. Contractor agrees that it shall not engage in anVY 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 12 any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Contractor and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -Contractor under a contract to the prime Contractor or higher tier sub- contractor, or any person associated therewith, as an inducement for the award of a subcontract or order. 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 N ontaining 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. § 50-1 &72(a)(34) related thereto. N. 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. FaceAo-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. 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, 13 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed or belief, political affiliation, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. V. COVENANTS OF CITY A. Right of Entry. City shall provide for right of entry for Contractor and all necessary equipment as required for Contractor to complete the Work; provided that Contractor shall not unreasonably encumber the Project site(s) with materials or equipment. B. City's Representative. David Bergmaier 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 of the Work, except in the event of City's failure to pay Contractor wn thirty (30) calendar days of Contractor providing City with notice of a delinquent payment and an opportunity to cure. In the event of Contractor's breach or default under this Agreement, City may terminate this Agreement for cause. City shall give Contractor at least seven (7) calendar days' written notice of its intent to terminate the Agreement for cause and the reasons therefor. If Contractor fails to cure the breach or default within that seven (7) day period, or otherwise remedy the breach or default to the reasonable satisfaction of City, then City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge Contractor for the costs of curing the default against any sums due or which become due to Contractor under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to City for such default. CO Statutory Termination. Incompliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in Section 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 Annual 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 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. 15 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 "+f 0 o Procurement Manager City of Milton, Georgia 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Capital City Electrical Services, LLC Attn: Chris Wells 1346 Oakbrook Dr, Ste 170A Norcross, GA 30093 16 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 statement 17 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] Attest/Witness: Signature: Print Name: Title: Ys` (Ass CONTRACTOR: Signature: Print Name: City Electrical Services, LLC Title: Member/Manager (LLC) [CORPORATE SEAL] (required if corporation) t�a.Y�� Y--iCCCtN�r V�►dCnc � � Corporate Secretary (required iftorporation) Jeanette D Allison NOTARY PUBLIC Gwinnett County, Georgia My Commission Expires 10/9/2021 Attest: Signature: Print Name: Title: City Clerk Approved as to form: City Attorney CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor 19 [CITY SEAL] I; Attest/Witness: Signature: Print Name: Title: Ys` (Ass CONTRACTOR: Signature: Print Name: City Electrical Services, LLC Title: Member/Manager (LLC) [CORPORATE SEAL] (required if corporation) t�a.Y�� Y--iCCCtN�r V�►dCnc � � Corporate Secretary (required iftorporation) Jeanette D Allison NOTARY PUBLIC Gwinnett County, Georgia My Commission Expires 10/9/2021 Attest: Signature: Print Name: Title: City Clerk Approved as to form: City Attorney CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor 19 [CITY SEAL] E VnIBI I "A" "ITTON IP ESTABLISHED 2006 CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: RFP Title: Offeror E-mail Address: OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE 21-PW16 On -Call Electrical Services Due Date and Time: June 30, 2021 at 2:00 pm EST **Pending updates relating to CO VID-19 the City may conduct the bid opening via a virtual meeting. Responding bidders will be emailed a Number of Pages: 48 meeting link should the need to hold this type meeting arise. ISSUING DEPARTMENT INFORMATION Issue Date: May 27, 2021 City of Milton Phone: 678-242-2500 Public Works Department Fax: 678-242-2499 2006 Heritage Walk Website: www.cityofmiltonga.us Milton, GA 30004 INSTRUCTIONS TO CONSULTANTS Electronic Submittal: **Bids must be Mark Face of Envelope/Package: submitted electronically via Milton's RFP Number: 21-PW16 BidNet procurement portal/platform Name of Company or Firm at www.cityofmiltonaa.us Special Instructions: Deadline for Written Questions If you have not registered as a vendor June 17, 2021 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.cityofmilton-ga.us are part of the Georgia Purchasing Group, 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 2006 Heritage Walk Milton, GA 30004 P: 678.242.2500 I F: 678.242.2499 infoQcityofmiltonga.us I www.cityofmiltonga.us 2 I RFP 21-Pw16 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 I RFP 21 -PW 16 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 1 RFP 21 -PW 16 4ILTONIP 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 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 I RFP 21-PW16 RFP# 21-PW16 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 -PW 16) City of Milton On -Call Electrical 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 I RFP 21 -PW 16 N ESTABLISHED 2006 CONTRACTOR AFFIDAVIT AND AGREEMENT MUST BE RETURNED WITH PROPOSAL 1►��_�i��7��Z�3T_1 C���'Z�7�T►�IlMt�7►1 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.Aa § 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 On -Call Electrical Services Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 20 in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,20. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: 7 I RFP 21 -PW 16 NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. Task Date Issue RFP May 27, 2021 Deadline for Questions June 17, 2021 by 5:00 p.m. EST Answers Posted by the City (Addendum) On or about, June 23, 2021 Proposals Due By 2:00 p.m. EST on June 30, 2021 Tentative Award Contract ( On/About) July 21, 2021 (proposed) NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. 8 I RFP 21 -PW 16 SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton (City) is seeking Proposals from highly qualified Offerors with the demonstrated professional competence and experience to provide for the services as specified in the Scope of Work (Section 3). The awarded contractor's main office address must be located within fifteen (15) road miles from the intersection of Thompson Road and Redd Road, the approximate geographical center of the City of Milton. The awarded contractor must also have a sufficient number of qualified personnel to handle all electrical services needed by the City according to the required response times. The City of Milton may 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 facilities and grounds is attached herein as examples only. The number may change without prior notice. The selection will be based on overall price, services, performance, reliability, and location of the proposers. It is the intent to award this RFP to "Full -Service Providers". 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 a Contractor is selected, Offerors are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes, Procurement Manager. Any unauthorized contact may disqualify the Offeror from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes, Procurement Manager Address: 2006 Heritage Walk, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@cityofmiltonga_us 1.2 REQUIRED REVIEW A. Review RFP. Offerors should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they 9 1 RFP 21-Pw16 discover upon examination of this RFP. B. Form of Questions. Offerors with questions or requiring clarification or interpretation of any section within this RFP must submit their questions via the solicitation link on BidNet Direct, the procurement portal on the City's website, on or before 5:00 PM (EST) on June 17, 2021. 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 June 23, 2021. 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 hftp://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. 10 1 RFP 21 -PW 16 1.3 NON-DISCRIMINATION All qualified applicants will receive consideration without regard to age, handicap, religion, creed or belief, political affiliation, race, color, sex or national origin. 1.4 SUBMITTING PROPOSALS Offerors must organize their proposals into sections that follow the following format. A. Submittal Requirements Proposals shall include the following: 1. City of Milton request for proposal cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. City of Milton Proposal letter (information entered) 4. Technical Proposal: Each technical proposal shall be: a. No more than six (6) single sided pages. b. Cover page(s), table of contents, tabs and required forms do not count toward the page limit c. Minimum of 11 -point font Each technical proposal shall contain: a. Offeror Qualifications - Include project staffing, qualifications/certifications of the team, and what sets the team apart b. Work Plan - provide an anticipated project schedule, any anticipated challenges, and any innovative approaches c. Related Projects and References - Describe any similar projects with references and the degree of involvement of the team (References must contain contact information) d. Pricing (See Section 5.0) 5. Applicable Addenda Acknowledgement Forms (if necessary ) 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. 11 I RFP 21-PW16 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 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 Consultant 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 Consultant 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. 12 RFP 21 -PW 16 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 2.0 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 2.1 OFFEROR COMPETITION The City encourages free and open competition among Offerors. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City's need to procure technically sound, cost-effective services and supplies. 2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of qualifications has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, 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. 13 1 RFP 21 -PW 16 2. An affidavit from an Offerors 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. 2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Responsive or Nonresponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the qualification is not within the specifications described and required in the RFP. If a qualification is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if an Offeror has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring Offeror or, if necessary, to seek discussion/negotiation in order to determine the highest scoring Offeror. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Proposals. Selection and award will be based on the Offeror's proposals and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials 14 1 RFP 21 -PW 16 presented by Offerors outside the formal response or subsequent discussion/negotiation, if requested, will not be considered, will have no bearing on any award, and may result in the Offeror being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more Offerors should clarification or negotiation be necessary. Offerors may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, Offerors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the Offeror's expense. F. Best and Final Offer The "Best and Final Offer" is an option available to the City under the RFP process which permits the City to request a "best and final offer" from one or more offerors if additional information is required to make a final decision. Offerors may be contacted asking that they submit their "best and final offer," which must include any and all discussed and/or negotiated changes. The City reserves the right to request a "best and final offer" for this RFP, if any, based on price/cost alone. G. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. H. Request for Documents Notice. Upon concurrence with the evaluation committee's recommendation for contract award, the procurement officer may issue a "Request for Documents Notice" to the highest scoring Offeror to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the "Request for Documents Notice" does not constitute a contract and no work may begin until a contract signed by all parties is in place. I. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible Offeror whose submittal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful 15 I RFP 21 -PW 16 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. 2.4 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: 1. Modify, cancel or terminate this RFP, 2. Reject any or all proposals received in response to this RFP, 3. Select an Offeror without holding interviews, 4. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any submittal, 5. To request further documentation or information, and to discuss a RFP submittal for any purpose in order to answer questions or to provide clarification, 6. Award a portion of this RFP or not award any portion of this RFP if it is in the best interest of the City not to proceed with contract execution; or 7. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 16 RFP 21-PW16 SECTION 3: SCOPE OF SERVICES 3.0 CITY'S INTENT The purpose for this Request for Proposals is to solicit competitive proposals from qualified Contractors to provide on-call electrical services to the City of Milton. This includes all facilities, buildings, parking lots, grounds, and right of ways/roundabouts. The locations include, but are not limited to. Facility Address Milton City Hall 2006 Heritage Walk Byrd House Milton Senior Center 15690 Hopewell Rd Public Works Building 16050 Old Bullpen Rd Bell Memorial Park 15245 Bell Park Rd Bethwell Community Center 2695 Hopewell Rd Birmingham Park 750 Hickory Flat Rd Broadwell Pavilion 12615 Broadwell Rd Cox Road Athletic Complex 170 Cox Rd Former Milton Country Club 1785 Dinsmore Rd Freedom Park 13200 Deerfield Pkwy Friendship Park 12785 Birmingham Hwy Fire Station #41 12675 Arnold Mill Rd Fire Station #42 15240 Thompson Rd Fire Station #43 750 Hickory Flat Rd Fire Station #44 13690-A Hwy 9 North Police Headquarters & Court 13690-13 Hwy 9 North ROW/Roundabouts 3.1 OBJECTIVE The selected Contractor shall provide all supervision, labor, tools, equipment, and services to perform electrical services as needed for the City of Milton. These services include, but are not limited to, replacing and installing light bulbs, contactors, connectors, wiring, fuses, breakers, ballasts, new circuits (including underground), fixtures, transformers, and photocells on city facilities, buildings, parking lots, athletic fields, right of way, etc. These services are to be performed on a task order basis. The City shall not assume any liability for vandalism or theft Df any materials, tools, or equipment. 1/ I RFP 21-Pw16 3.2 CONTRACTOR'S RESPONSIBILITIES The Contractor must demonstrate the flexibility of performing multiple assignments for emergency and non -emergency calls. The Contractor shall ensure their capacity to perform work under this contract regardless of obligations elsewhere. Ground surface protection (e.g. plywood) shall be utilized on all athletic/recreational fields or landscaped areas where heavy equipment is used in the performance of a task under this contract. Contractor shall be liable for damages to grounds or facilities. Contractor employees shall be attired in a company uniform with either a name tag or badge that displays their name. Background checks for all contractor employees may be required by the City and will be performed by the City through the City's Police Department, 3.3 SAFETY It is the responsibility of the Contractor to implement safeguards in compliance with OSHA standards to eliminate accidents, down time, and mistakes, while facilitating quality workmanship in adherence to all local, state, and federal laws as applicable. Also, the Contractor shall be responsible for the safety of employees and any unsafe acts or conditions that may cause injury or damage to any persons or property around the worksite. 3.4 LICENSES, PERMITS, AND FEES The Contractor shall pay for all licenses required for his project and will comply with all laws, ordinances, regulations, and building code requirements applicable to the work being performed. The elected contractor must have a certified master electrician with a Class 2 electrical contractor license on its staff during the term of this contract as well as at least one member with a low voltage contractor license. The Contractor shall obtain all permits for inspections, tests, and other services required for completion of the work. Fees will be waived for all permits issued by the City of Milton for work associated with this agreement. Inspections shall be scheduled by the Contractor. 18 1 RFP 21-PW16 3.5 TIME REQUIREMENTS For routine projects or repairs, the Contractor shall commence to perform task within two (2) days of verbal or written task order notice. For emergency projects or repairs, the Contractor shall provide the City with a contact person's name and telephone number with voice mail paging or an answering service. Contractors using voice mail paging or an answering service shall be required to initiate a call back within 15-25 minutes and respond to the site within two (2) hours, preferably sooner. Emergency services shall be available 24 hours per day, 365 days per year. SECTION 4: OFFEROR PROPOSALS 4.0 CITY'S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the Professional to provide the supplies and/or perform the services specified. 4.1 OFFEROR INFORMATIONAL REQUIREMENTS Offerors interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. 19 1 RFP 21 -PW 16 SECTION 5: COST PROPOSAL ®MUST BE RETURNED WITH PROPOSAL IN A SEPARATE FILE Cost Proposal (page 1 of 2) RFP 21-PW16 The offeror's cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5. The undersigned 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: Print/Type Company Name and Address: Authorized Signature_ Print/Type Name Print/Type Title ate *See Cost Proposal Sheet Below* ♦ MUST BE RETURNED WITH PROPOSAL Cost Proposal (page 2 of 2) RFP 21-PW16 Proposed Rates - Electrical Services 1 Percentage Mark-up for Materials 2 Percentage Mark-up for Rental Equipment 3 Service Call Cost - Per Project $ Normal Hour Labor Rates (Monday -Friday 8:OOam until 5:OOpm) 1 Hourly Rate for Electrician $/hour 2 Hourly Rate for Helper/Assistant $/hour After Hour Labor Rates (Any other time than Monday - Friday 8:OOam until 5:00pm) 1 Hourly Rate for Electrician $/hour 2 Hourly Rate for Helper/Assistant $/hour Equipment Rates List contractor owned equipment associated with underground and overhead electrical work (i.e. directional boring machines, bucket trucks, scissor lifts, trencher, back hoe, scaffolding). Include details regarding size and ability such as working height of bucket truck. List hourly cost of e ui ment. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 21 I RFP 21 -PW 16 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 Public Safety Complex (Police Headquarters and Fire Station 44), 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� 22 1 RFP 21 -PW 16 SECTION If 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. 23 1 RFP 21 -PW 16 7.4 COMPLIANCE WITH WORKERS' COMPENSATION ACT The Contractor is required to supply the City of Milton with proof of compliance with the Workers' Compensation Act while performing work for the City. Neither the Contractor nor its employees are employees of the City. The proof of insurance/exemption must be received by the City of Milton within ten (10) working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO OFFERORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME, 7.5 COMPLIANCE WITH LAWS The Contractor must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or sub -contracting by the Contractor subjects sub -contractors to the same provision. The Contractor agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 7.6 CONTRACT TERMINATION See sample contract. SAMPLE CONTRACT INTENTIONALLY OMITTED ESTABLISHED 2006 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 21-PW16 Upon receipt of documents, please email, fax or mail this page to: City of Milton Aftn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@citvofmiltonaa.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: PHONE: EMAIL ADDRESS: Signature ADDENDUM #1 STATE: ZIP: AX: Date RFP 21 -PW 16 Addendum # 1 l � P a g e ADDENDUM #1 RFP 21-PW16 Questions and Answers This Addendum forms a part of the contract documents and modifies the original RFP documents as noted below: 1. We are 4 miles out of the 15 mile range requested in the documents. Does this disqualify us automatically or can we still submit? Don't want to waste anyone's time. Thank you for the opportunity � Contractors located further than fifteen (15) road miles from the intersection of Thompson Road and Redd Road, the approximate geographical center of the city of Milton, are able to submit proposals and be considered as long as they are able to meet the response time requirements stated in Section 3.5. Location is included in the evaluation criteria and will be considered during the evaluation process. RFP 21-PW16 Addendum #1 2 � P a g e EXHIBIT "B" C*AFITAL, UITY ELECTRICAL SERVICES u c June 305 2021 Thank you for the opportunity to provide City of Milton with On -Call Electrical Services. We have been serving the past 5 years Fulton County Schools, CAU, Morehouse, Ga Tech and KSU just to name a few. We have over 6 Service Teams at once to assure that we can get your timelines completed as well as a small projects team. We hold over 7 State Electrical Licenses as well as Low -Voltage Certification. We are proficient with Thermal Imaging Cameras for all your insurance needs and offer the new Ultra -violet lights to help keep viruses at bay. Attached you will find information that highlights specific services that Capital City offers and will give a general overview of the work we perform. In addition to those items listed, Capital City Electrical sets itself apart from the typical service provider by providing: • Assigned Account Management Team — An Account Manager ready to build aone-on- one relationship - always accessible in the office for support and ready to provide proposals or to handle any general troubleshooting calls or emergency issues that arise. • A service -based company — Capital City does not actively participate in the bid market. We do engineer and install large projects, but those come as a direct result of existing, satisfied customers who invite us to participate in expanding or moving their facility. • Master Electricians — A service fleet of Master Electrician technicians or techs that are in school working towards their Master Electrician license. • Bucket Truck & Ladder Truck rolling every day in our fleet. • 24/7 Service Availability — for when an emergency comes up on any day, at any hour. • 3 -Yr Warranty on all parts and labor (excludes lamps). • Preventative Maintenance Program — an a la carte list of 15 items from interior/exterior lighting, switchgear cleaning, infrared scanning, arc flash studies, etc.... customized to fit your needs and your facilities' needs. • PM Reports — All inspection reports are kept on our secure server allowing you access from anywhere, at any time. • Fire Alarm Services — Capital City can install, test, and inspect all fire alarm systems. • Unrestricted Low Voltage License — Low voltage, data, and security installations. Our goal is simple: To provide our clients with industry leading customer service, workmanship, economical electrical solutions, and multiple unique customizable services designed to save you and your organization money, and time. Sincerely, Chris Wells Senior Account Manager/Estimator A CONSTANT CURRENT OF EXCELLENCE 1346 Oakbrook Drive Suite 170A Norcross, GA 30093 � (770) 821-6099 � WWW.CCELECT.COM Capital City Electrical Services was founded in 2006 by Jerry Wartko. Capital City Electrical Services is an Electrical Contractor based in Norcross, GA specializing in Electrical Design Build projects up to several million dollars throughout the Southeast. One of our most valued offerings is our ability to provide Value Engineering on most projects. We have the capability to design or redesign most any project to save our customers money. We also provide 24/7 on demand service with over 20 service trucks. Lighting services for new installation, repair and retrofit and (2) bucket trucks to serve our clients outdoor lighting needs. In addition, we provide power quality services for our customers who experience electrical system issues and failures. CCES is also an approved preferred provider for Georgia Power and Atlanta Gas Light. We perform large energy projects for Federal agencies through Georgia Power and AGL and at times with Capital City Mechanical. Our team works collaboratively to ensure the needs of our customers are met. Our entire staff is based out of our office in Norcross, and we do not have any additional satellite offices at this time. 2.1.2. Personnel Capability Jerry Wartko; Owner, 36 years in the trade, 15 years electrical estimating/sales management, 16 years managing electrical businesses, Master Electrician GA, TN, SC, NC, AL, FL Charlie Brooks: VP of Operations, 23 years in the Trade, 13 years project management, Master Electrician GA, VA Phil Locke: Senior Estimator / Project Manager, 25 years in the trade, Master Electrician GA Justin Haggard: Project superintendent, 21 years in the trade, Master Electrician GA (electrical instructor at the IEC) Joel Sheppard: Project Manager, 27 years in the trade, Master Electrician GA Glenn William: Purchasing manager, 22 years in electrical supply. Charles Mitchell: Service manager, 17 years in the trade, 6 years managing a service team, Master Electrician GA Chris Wells: Estimator, 15 years in the trade,9 years estimating. Jim Johnson; Estimator, 13 years in the trade, Master electrician GA 2.1.3. Currently, Capital City Electrical Services manages the on-call electrical as well as both large and small project services for Fulton County Schools, City of Atlanta, Kennesaw State University, Cobb County Government, Morehouse College, Spelman College, Clark Atlanta University, Georgia Institute for Technology, Atlanta Technical College, Atlanta International School as well as many commercial and industrial businesses. CCES currently has a "Task Order Contract" with City of Atlanta Government, Kennesaw State University and Hall County government. Over the past five years we also performed various large electrical projects for the City of Woodstock, City of East Point, DeKalb County, as well as numerous private educational entities, various colleges, and universities. Because of our extensive knowledge in the government and education arena we feel we would continue to be a great asset to the City of Milton. CCES also offers the service of small general contracting work to our customers to help with those extra items that come up. Capital City Electric has been built on relationships of trust. Our focus is to give our customers the best possible service at the best possible price. This may A CONSTANT CURRENT OF EXCELLENCE 1346 Oakbrook Drive Suite 170A Norcross, GA30093 � (770) 821-6099 � WWW.CCELECT.COM sound cliche, but it is truly at we do. Demand service, small projects, and design build projects up to $3m is our specialty. We are not the company subbing under a GC to build the new Walmart store, or the new Burger King. We are the electrical contractor that our customers rely on for the emergency that has their entire facility down to the new classroom remodel or new production line that needs to be completed on time and in budget and must be designed. We then provide that company with our service department to help them with their electrical maintenance needs. Each of our customers have a dedicated Account Manager to handle all their needs. 2.1.4. Capital City Electrical Service is a proud contractor/ partner with the IEC (Independent Electrical Contractors) and our President, Jerry Wartko, sits on the Board of Directors. III* a. Capital City Electrical Services has several measures in place to ensure quality workmanship. Our Service Managers, Estimators, Project Managers complete random site visits (or upon request by the customer) to make sure every job is completed, meets, and exceeds our customers' expectations. Anytime a project is awarded, the Estimator reviews the scope and materials with our Service Manager to make sure the job runs smoothly and that everyone is on the same page. Additionally, once the project is scheduled, the technician managing the job reviews the job with the Service Manager and Estimator to ask any questions and gather any additional information. b. See attached safety manual. c. Capital City Electrical Services procured top of line equipment and updated technology to provide our customers with the best possible service. We diagnose most electrical issues using various tools and equipment, from circuit tracers to power quality meters to infrared scans. We also have partnered with other vendors that are often best to diagnose certain issues (low voltage, )oring, equipment rentals, etc.) d. All Services shall be completed in a quality workman like manner and in accordance with state, local and national codes. All Services shall carry a three (3) year warranty on labor and materials, excluding lamps and ballasts. e. Primary Benefits of Preventative Maintenance Programs - To keep things simple, it is best to think of the investment in a Preventative Maintenance Program as an investment in business and employee productivity and/or efficiency. For one, Preventative Maintenance Programs can be directly correlated to a reduced cost in repairs and a vast reduction or complete elimination of downtime. Secondly, these programs enhance the safety of employees and prevent property damage. In fact, findings from the National Fire Protection Association reveal that electrical distribution and lighting equipment is the second leading cause of office property fires, many of which result in death, injury and millions in direct property damage 1. That said, your main objectives in implementing a Preventative Maintenance Program should focus on reducing equipment failure and loss as well as ensuring the safety and wellbeing of employees and civilians at your facilities. In addition to these two primary objectives here are seven more reasons an electrical Preventative Maintenance (PM) Program is worth the investment and should not be overlooked. A CONSTANT CURRENT OF EXCELLENCE 1346 Oakbrook Drive Suite 170A Norcross, GA 30093 � (770) 821-6099 � WWW.CCELECT.COM [.:Ar'Fl I AL C:.ITY -M� WIN �- - A CONSTANT CURRENT OF EXCELLENCE 1346 Oakbrook Drive Suite 170A Norcross, GA 30093 � (770) 821-6099 � WWW.CCELECT.COM CAPITAL CITY ERVICES u EXECUTIVE SUMMARY Capital City Electrical Services, LLC. is an Electrical Contractor based in Norcross, Ga. We specialize in Electrical Service and repairs to all types of clients including many governmental agencies and small to large industrial, educational, hospitality, warehousing and transportation venues to name a few. Capital City Electrical Services, Inc. has been in business in Norcross since 2006 and is owned by Jerry Wartko, CEO. We operate on a 24/7 availability with multiple Master Electricians and Licensed Journeymen on call for after hours or emergency work. Our service area concentrates on metro Atlanta and the surrounding counties, but we also do work statewide. Typical service work includes current service for Clients such as: • Georgia Institute of Technology • Fulton County Schools • Clark Atlanta University • Atlanta Public Schools • Cobb County Water Department • Morehouse University Services we provide: • General Electrical Demand Service and Repairs to all types of electrical systems • Time and Material & Emergency 24/7 Services • (2) Bucket and boom truck services • Contract electrical work • Preventative Maintenance Programs • All types of indoor and outdoor lighting • Emergency Generators and Transfer switch installation and repairs • Grounding & Ground Testing • High Voltage Switchgear cleaning and maintenance • 5kv — 27kv Cabling • Transformers A CONSTANT CURRENT OF EXCELLENCE 1346 Oakbrook Drive, Suite 170A Norcross, Georgia 30093 p: 770.821.6099 GA License EN212873 IF API'TAL, CITY woo �1-JEC r'RIGAL, &5ERVICES v , r • Buss Duct • Motor Controls • Infrared Scanning • Arc Flash We occupy our own office facility and warehouse in Norcross Ga. with dedicated dispatch and service team members as well as dedicated Account Managers to handle all of your needs. A CONSTANT CURRENT OF EXCELLENCE 1346 Oakbrook Drive, Suite 170A Norcross, Georgia 30093 p: 770.821.6099 GA License EN212873 CAPITAL, CITY �L,I~CTRICAL, 5ERVIMS rim Atlanta International School $1,500,000 Complete electrical and low voltage for a 4 -story addition All lighting and Power Ground up construction Sterling $1,300,000 Complete construction on Federally Funded Assisted Living Ground up construction Complete electrical and low voltage wiring Remington $1,400,000 Complete construction on Federally Funded Assisted Living Ground up construction Complete electrical and low voltage wiring Nexus Fuel $600,000 Design build to owner Complete installation of Class 1 Div 1 fuel recovery production line Hitachi $100,000 Installation of (2) new production lines Installation of lighting systems Yamaha $600,000 Retrofit 1.5 million sq. facility to LED Georgetown Remodel of 7 story office building $800,000 Complete replacement of buildings electrical system while occupied Replaced the complete electrical riser Wiring of new HVAC equipment Installation of new lighting Kroger Replacement of all cooler lights to LED for all location throughout the Southeast Aramark $1,000,000 Design Build replacement of the complete electrical system Replaced all main gear and subpanels while plant was operational A CONSTANT CURRENT OF EXCELLENCE 1346 Oakbrook Drive, Suite 170A Norcross, Georgia 30093 p: 770.821.6099 GA License EN212873 APITAL, CITY Atlall tala tory Museum $800,000 30k sqft. Addition to the existing museum Installation of app power and lighting systems Stars and Strikes Augusta GA $1,300,000 Complete design build for bowling, gaming and restaurant Design and installation of app power and lighting systems Provide engineered drawings for design Replacement of a 3,OOOa 4 section switchgear in less than 24 hours Stars and Strikes Woodstock GA $800,000 Complete design build for bowling, gaming and restaurant Design and installation of app power and lighting systems Provide engineered drawings for design Stars and Strikes Columbus GA $1,000,000 Complete design build for bowling, gaming and restaurant Design and installation of app power and lighting systems Provide engineered drawings for design Installation of a 100kw solar array City of Thomaston GA $400,000 for Yancy Power Installation of (2) SOOkw generators Install one generator for waste water plant and install new overhead lines Install one generator for fresh water plant City of Atlanta Public Schools $400,000 Retrofit lighting in (57) school gyms Install new T5 Fluorescent lights in all Diversified Label $200,000 Machine Shop relocation Value engineered to bring project back to budget Design Build of a label making company Design for 240v system with Bus duct Used Cable trey and Aluminum wire to reduce construction cost Clark Atlanta McPheeters Hall $350,000 Value engineered to bring project back to budget Renovation of (3) floors Complete demo and rebuild New Mechanical System including 100 ton chiller A CONSTANT CURRENT OF EXCELLENCE 1346 Oal<brool< Drive, Suite 170A Norcross, Georgia 30093 p: 770.821.6099 GA License EN212873 CAPI'T'AL CITY ERVICES LLC Georgia Gun Club $380,000 Value engineered to bring project back to budget New facility from the ground up Complete electrical system including controls and low voltage Backup generator and custom lighting design Bridgestone Tire $350,000 Camera installation Installed complete low voltage camera system throughout the plant and parking lot Designed and contracted by Kratos Installed Fiber Optics for system backbone Crawford Media $1,200,000 Tier 3 CO -LO Value engineered to bring project back to budget Design build of a CO -Lo with Tier 3 requirements Installation of (2) 500kva UPS units Installation of (1) 1 meg Generators Clark Atlanta University Central Plant Value engineered to bring project back to budget Installation of a 4000A 480V service with (4) MCC's Installation of 19KV electrode boiler Installation of VFD's Wiring of pumps, motors and lighting Installation of a 750kw Tri fuel generator Clayton Co Landfill Power Generation Plant Value engineered to bring project back to budget Installation of (2) 2 megawatt generators fueled from methane gas from the landfill Parallel service of 2 generators to feed back to Georgia Power Installation of a 3000a 480v service Installation of a 24kv service with a 2000kva substation transformer Installation of al controls associated with the systems Value engineering performed to bring the project within budget to make it viable. Med Assets Design and build a data center including: Alpharetta, GA 30022 250KW generator back-up Med Assets Alpharetta 130KVA UPS 40 ton Liebert HVAC Floor, ceiling and wall construction Lighting Fire Suppression A CONSTANT CURRENT OF EXCELLENCE 1346 Oakbrook Drive, Suite 170A Norcross, Georgia 30093 p: 770.821.6099 GA License EN212873 APITAL, CITY FRICAL, ZiERVICES rim Internal Revenue Service Turn key demolition of (2) 200UP motor generators and installed new UPS for the entire IRS facility Chamblee, GA 30341 Contract Amt. $250,000 Installation of a 350KVA UPS unit for Removal of 150 batteries Removal of (2) 2001-11' motor generator Lubrizol Chemical Plant build out Contract Amt. $500,000 15KV gear SKV gear 500hp motor at 4180V Class H Div II equipment Motor control cabinet Lighting Instrumentation and controls Cable tray design Fulton County Government Redesign and installation of (4) 300KW generators Atlanta, GA 30303 Contract Amt. $ 1,000,000 installation Home Depot Turnkey installation of generators nationwide Various Locations Generator sizes from 125KW to 350KW with 2500 gallon fuel Contract Amt. $1,000,000 US Postal Service $1,000,000 Design build lighting retrofit Duluth, GA Installation of lighting controls BGA, INC. A CONSTANT CURRENT OF EXCELLENCE 1346 Oal<brool< Drive, Suite 170A Norcross, Georgia 30093 p: 770.821.6099 GA License EN212873 CAPI'T'AL CITY k7"RICAL ZM teVIUK5 I I f` Cherokee Co. School System $4009000 Warehouse build out to office space Canton, GA Install 1600A service and 2000A service Install 250KW generator Crawford Media $2,000,000 Data Center Design Build Design build of a 7 story data center Installation of (2) 500kva UPS units Installation of (1) 1 meg Generators Hyundai $1,300,000 Installation of a 25kv 2000a distribution Installation of (4) 25kv substations each with a 3000kva transformer Installation of (4) 4000a 480v services Installation of a 750kw Generator A CONSTANT CURRENT OF EXCELLENCE 1346 Oakbrook Drive, Suite 170A Norcross, Georgia 30093 p: 770.821.6099 GA License EN212873 Atlanta International School $1,500,000 Complete electrical and low voltage for a 4 -story addition All lighting and Power Ground up construction Sterling $1,300,000 Complete construction on Federally Funded Assisted Living Ground up construction Complete electrical and low voltage wiring Remington $1,400,000 Complete construction on Federally Funded Assisted Living Ground up construction Complete electrical and low voltage wiring Nexus Fuel $600,000 Design build to owner Complete installation of Class 1 Div 1 fuel recovery production line Hitachi $100,000 Installation of (2) new production lines Installation of lighting systems Yamaha $600,000 Retrofit 1.5 mon sq. facility to LED Georgetown Remodel of 7 story office building $800,000 Complete replacement of buildings electrical system while occupied Replaced the complete electrical riser Wiring of new HVAC equipment Installation of new lighting Kroger Replacement of all cooler lights to LED for all location throughout the Southeast Aramark $1,000,000 Design Build replacement of the complete electrical system Replaced all main gear and subpanels while plant was operational A CONSTANT CURRENT OF EXCELLENCE 1346 Oakbrook Drive, Suite 170A Norcross, Georgia 30093 p: 770.821.6099 GA License EN212873 AP'ITAL, CITY L,I ;CTRIGAL, SERVIMS 1 11 Atlanta History Museum $800,000 30k sgft. Addition to the existing museum Installation of app power and lighting systems Stars and Strikes Augusta GA $1,300,000 Complete design build for bowling, gaming and restaurant Design and installation of app power and lighting systems Provide engineered drawings for design Replacement of a 3,OOOa 4 section switchgear in less than 24 hours Stars and Strikes Woodstock GA $800,000 Complete design build for bowling, gaming and restaurant Design and installation of app power and lighting systems Provide engineered drawings for design Stars and Strikes Columbus GA $1,000,000 Complete design build for bowling, gaming and restaurant Design and installation of app power and lighting systems Provide engineered drawings for design Installation of a 100kw solar array City of Thomaston GA $400,000 for Yancy Power Installation of (2) 500kw generators Install one generator for waste water plant and install new overhead lines Install one generator for fresh water plant City of Atlanta Public Schools $400,000 Retrofit lighting in (57) school gyms Install new T5 Fluorescent lights in all Diversified Label $200,000 Machine Shop relocation Value engineered to bring project back to budget Design Build of a label making company Design for 240v system with Bus duct Used Cable trey and Aluminum wire to reduce construction cost Clark Atlanta McPheeters Hall $350,000 Value engineered to bring project back to budget Renovation of (3) floors Complete demo and rebuild New Mechanical System including 100 ton chiller A CONSTANT CURRENT OF EXCELLENCE 1346 Oakbrook Drive, Suite 170A Norcross, Georgia 30093 p: 770.821.6099 GA License EN212873 CAP'I'TAL, CITY SURVICEs LLC C Georgia Gun Club $380,000 Value engineered to bring project back to budget New facility from the ground up Complete electrical system including controls and low voltage Backup generator and custom lighting design Bridgestone Tire $3509000 Camera installation Installed complete low voltage camera system throughout the plant and parking lot Designed and contracted by Kratos Installed Fiber Optics for system backbone Crawford Media $1,200,000 Tier 3 CO -LO Value engineered to bring project back to budget Design build of a CO -Lo with Tier 3 requirements Installation of (2) 500kva UPS units Installation of (1) 1 meg Generators Clark Atlanta University Central Plant Value engineered to bring project back to budget Installation of a 4000A 480V service with (4) MCC's Installation of 19KV electrode boiler Installation of VFD's Wiring of pumps, motors and lighting Installation of a 750kw Tri fuel generator Clayton Co Landfill Power Generation Plant Value engineered to b11116F1 Ul, back to budget Installation of (2) 2 megawatt generators fueled from methane gas from the landfill Parallel service of 2 generators to feed back to Georgia Power Installation of a 3000a 480v service Installation of a 24kv service with a 2000kva substation transformer Installation of al controls associated with the systems Value engineering performed to bring the project within budget to make it viable. Med Assets Design and build a data center including: Alpharetta, GA 30022 250KW generator back-up Med Assets Alpharetta 130KVA UPS 40 ton Liebert HVAC Floor, ceiling and wall construction Lighting Fire Suppression A CONSTANT CURRENT OF EXCELLENCE 1346 Oal<brool< Drive, Suite 170A Norcross, Georgia 30093 p: 770.821.6099 GA License EN212873 AP'ITAL, CITY �L,1~CTRICAL., bERVICES we Internal Revenue Service Turn key demolition of (2) 200HP motor generators and installed new UPS for the entire IRS facility Chamblee, GA 30341 Contract Amt. $250,000 Installation of a 350KVA UPS unit for Removal of 150 batteries Removal of (2) 200HP motor generator Lubrizol Chemical Plant build out Contract Amt. $500,000 15KV gear 5KV gear 500hp motor at 4180V Class II Div 11 equipment Motor control cabinet Lighting Instrumentation and controls Cable tray design Fulton County Government Redesign and installation of (4) 3001N.W generators Atlanta, GA 30303 Contract Amt. $ 1,000,000 installation Home Depot Turnkey installation of generators nationwide Various Locations Generator sizes from 125KW to 350KW with 2500 gallon fuel Contract Amt. $1,000,000 US Postal Service $1,000,000 Design build lighting retrofit Duluth, GA Installation of lighting controls BGA, INC. A CONSTANT CURRENT OF EXCELLENCE 1346 Oakbrook Drive, Suite 170A Norcross, Georgia 30093 p: 770.821.6099 GA License EN212873 CAPI'T'AL, CITY GAI_, SERVICES I , [" Cherokee Co. School System $4009000 Warehouse build out to office space Canton, GA Install 1600A service and 2000A service Install 250KW generator Crawford Media $2,000,000 Data Center Design Build Design build of a 7 story data center Installation of (2) 500kva UPS units Installation of (1) 1 meg Generators Hyundai $1,300,000 Installation of a 25kv 2000a distribution Installation of (4) 25kv substations each with a 3000kva transformer Installation of (4) 4000a 480v services Installation of a 750kw Generator A CONSTANT CURRENT OF EXCELLENCE 1346 Oakbrook Drive, Suite 170A Norcross, Georgia 30093 p: 770.821.6099 GA License EN212873 3 I RFP 21-PW16 OFFEROR'a RFP CHECKLIST The 1 ost 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 office'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 btfi : www.cit ofmilton a.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 resp nses 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 orwhat 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. (,/ ,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 htfp://www.cityofmiltonga.us to see whether any addenda were issued for the RFP. If so, you7eview ubmit a signed cover sheet for each addendum issued along with your RFP response. 9. and read the RFP document again to make sure that you have addressed al l 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 scor:7Submityour sponse. 10. res onse on time. Note all the dates and times listed in the Schedule of p 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. Lill;}�, ESTABLISHED 2006 CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: RFP Title: p►1�t1 geayicd 21-PW16 On -Call Electrical Services Due Date and Time: June 30, 2021 at 2:00 pm EST lease r' name a d si n in /�i'�S t/e **Pending updates relating to COVID-19 the City Offeror FAX Number: y� may conduct the bid opening via a virtual Number of Pages: 48 r\ meeting. Responding bidders will be emailed a Address: o- 3b meeting link should the need to hold this type OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE meeting arise. ISSUING DEPARTMENT INFORMATION Issue Date: May 27, 2021 City of Milton Phone: 678-242-2500 Public Works Department Fax: 678-242-2499 2006 Heritage Walk Website: www.cifyofmiltonga.us Milton, GA 30004 INSTRUCTIONS TO CONSULTANTS Electronic Submittal: **Bids must be Mark Face of Envelope/Package: submitted electronically via Milton's RFP Number: 21-PW16 BidNet procurement portal/platform Name of Company or Firm at www.cityofmiltonaa.us Special Instructions: Deadline for Written Questions If you have not registered as a vendor June 17, 2021 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.cltvofmiltonga.us are part of the Georgia Purchasing Group. IMPORTANT: SEE STANDARD TERMS AND CONDITIONS OFFEROS MUST COMPLETE THE FOLLOWING fferor Name/Address: G� exvices(e Audi '� d Of�r�i n p►1�t1 geayicd 0 6Dy*001 • SL ic1' IR ink lease r' name a d si n in /�i'�S t/e Is Offeror Phone Number: Offeror FAX Number: y� p _50 o r\ Offeror Federal I.D. Number: Offeror E-mail Address: o- 3b rises OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE 2006 Heritage Walk Milton, GA 30004 © u © O P: 678.242.25001 F: 678.242.2499 info�cityofmiltonga.us I www.cityofmiltonga.us 4 RFP 21-PW16 I LTO NIP 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 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 Description Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: 5 1 RFP 21-PW16 I ESTABLISHED 2006 RFP# 21-PW16 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 -PW 16) City of Milton On -Call Electrical 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 ate ' Print/Type Name Print/Type Company Name Here 6 I RFP 21-PW16 ESTABLISHED 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 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: J�1 I hereby declare under penalty perjury eVerify Number U Date o Aut orization ('A0 M1 CAU MWC&aVi6es N me of C ntractor On -Call Electrical Services Name of Project City of Milton, Georgia Name of Public Employer ]eanette D Allison NOTARY PUBLIC Gwinnett County, Georgia My Commission Expires 10/9/2021 of that the foregoing is true and correct. Executed on Ca jj, 20al�in a�/JC1 �_S (city), f�'/� (state). or Agent Printed Name and Title of Authorized Officer or Agent SUBSC BED AND SWORN BEFORE ME ON THIS TI� ��. DAY OF Syt1 E? ,20 Z i [NOTARY SEAL] My Commission Expires: 41 LTot ESTABLISHED 2006 ACr%1muvrlP_,Lu" EilIENT RECrPT OF ADD E Ni UM #1 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, OA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonaa.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: CONTACT PERSON: ADDRESS: �'�'1 k � n PHONE: 110` )9A- (wl FAX: N EMAI�t A DRESS: gnatur ADDENI UM #1 ate RFP 21-PW16 Addendum #1 1 � P a g e ADDENDUM #1 RFP 21-PW16 Questions and Answers This Addendum forms a part of the contract documents and modifies the original RFP documents as noted below. 1. We are 4 miles out of the 15 mile range requested in the documents. Does this disqualify us automatically or can we still submit? Don't want to waste anyone's time. Thank you for the opportunity � Contractors located further than fifteen (15) road miles from the intersection of Thompson Road and Redd Road, the approximate geographical center of the city of Milton, are able to submit proposals and be considered as long as they are able to meet the response time requirements stated in Section 3.5. Location is included in the evaluation criteria and will be considered during the evaluation process. RFP 21-PW16 Addendum #1 2 (P a � e EI..EICTRiCAL SEFlfLy'ICES LLC Handbook Capital City Electrical Services. LLC January 2020 Page 1 WELCOME Welcome to Capital City Electrical Services, I.I.C. Capital City Electrical Services, LLC. (CCES) has built its business by doing three things extraordinarily well: projects, service and preventative maintenance. We have a longstanding reputation that we are proud of and happily extend our services to companies throughout the Southeast. It is our goal to provide our clients with industry leading customer service, workmanship, economical electrical solutions, and multiple unique customizable services designed to save organizations money and time. We are pleased you have decided to become a member of our team. We hope your association with CCESS will be challenging and rewarding. Our continued success depends on the skills, professionalism, and efficiency of our employees as well as the quality of the products we sell. We count on our employees to serve our customers with best4n-class service and commitment. We are committed to top quality and personalized customer service. This includes not only the work we do, but also the speed and accuracy with which our work is performed. In order to maintain this level of service, each of us must be flexible in performing a variety of roles and occasionally working additional hours when the need arises. When we all pitch in and help, we all benefit. You can expect us to: • Recognize you as an important part of our team • Periodically review your performance so you know where you stand • Maintain competitive wages and benefits for our marketplace and industry • Provide a safe, efficient, and pleasant workplace • Maintain an "open door" environment This Employee Handbook will answer most of your company policy questions. You are responsible for reading and understanding this Employee Handbook. If anything is unclear, please discuss the topic with your manager. No manual can anticipate every circumstance or question about policies and procedures. From time to time, we find the need to modify this guide. CCESS reserves the sole and absolute discretion to revise, supplement, or rescind any policies and/or portion of their policies and guidelines at any time as it deems appropriate. Employees will be notified of any changes as they occur. Again, welcome to CCES. Sincerely, �ev* 2UavcE�ia Chief Executive Officer Capital City Electrical Services. LLC January 2020 Page 2 TABLE OF CONTENTS Acknowledgement 4 Tuition Reimbursement 15 Equal Opportunity Employer 5 Profit Sharing 16 Sexual Harassment 5 401(k) Savings Plan 16 Our Mission 7 Holidays 16 Individual Expectations 7 FMLA 17 Confidentiality 7 Bereavement Pay 18 Business Ethics Policies 7 Jury Duty 18 Conduct and Work Rules 9 Voting 18 Probation Period 9 Children in the Workplace 19 Work Schedules 10 Company Vehicles 19 Time Records 10 Health & Safety 19 Lunch/Breaks 10 Substance Abuse 20 Overtime 11 Telephones 20 Pay Periods 11 Electronic Equipment 21 Attendance 11 Social Media 22 Oen Door / Complaint Resolution 11 Workplace Searches 24 Tool Purchasing Program 12 Inclement Weather 24 Performance Evaluations 12 Solicitation 24 Merit Pay Increases 12 Other Employment 24 Appearance/Uniforms 12 Personal Mail 25 Personnel Administration 13 Workplace Violence 25 Benefits 13 Employment Termination 26 Paid Time Off 14 Return Property 26 Insurance 15 Capital City Electrical Services. LLC January 2020 Page 3 ACKNOWLEDGEMENT I acknowledge that I have received this Employee Handbook and understand that it is my responsibility to read and comply with all policies and procedures in this guide or any other policy that has been communicated at CCES. I understand that I should consult my manager regarding any questions I may have regarding my employment with CCES. I have entered into my employment relationship with CCES voluntarily and I acknowledge that there is no specified length of my employment. According, either CCES or I can terminate the relationship at -will, with or without cause, at any time. I also understand that violation of the policies, procedures and guidelines of CCES may result in disciplinary action, up to and including termination. EMPLOYEE'S SIGNATURE EMPLOYEE' S NAME (PRINT) Note: A signed copy of this page will be placed in employee's file. DATE Capital City Electrical Services. LLC January 2020 Page 4 EQUAL OPPORTUNITY EMPLOYER CUES maintains a policy of equal employment opportunity for all qualified employees and applicants for employment. We will hire, train, promote, and compensate you in the basis of knowledge, skills, abilities and performance without regard to age, race, religion, sex, national origin, marital status, sexual orientation, genetic information, or disability status as well as other classifications protected by applicable federal, state, or local laws. Behavior that violates this policy is contrary to our organizations beliefs and values. If you are found to have acted in violation of the foregoing policy or engaged in illegal behavior, you shall be subject to appropriate disciplinary action, up to and including discharge. SEXUAL HARASSMENT CCES is committed to providing a work environment that is free of discrimination and unlawful harassment. You have the right to be treated with dignity and respect and work in an environment free of harassment. Harassment can take many forms and may include, but not be limited to, slurs, offensive remarks, signs, jokes, pranks, intimidation, physical contact, or violence. Actions, words, jokes, or comments based on an individual's sex, race, ethnicity, age, religion, sexual orientation, or any other legally protected characteristic will not be tolerated. Sexual harassment in the workplace is illegal, demeaning to employees, counterproductive, and strictly prohibited. Sexual harassment by visitors, clients, guests, and/or vendors will similarly not be tolerated and should be reported immediately to your manager. Sexual harassment includes but is not limited to: • The threat, explicit or implied, that refusal to submit to sexual advances will adversely affect employment, assignments, advancement, wages, or career development within the organization. • The granting or denial of employment, assignment, advancement, wages, etc., based on submission to, or rejection of, such advances. • Conduct or language that is of a sexually offensive nature or which creates a hostile or offensive work environment. • Sexually suggestive remarks, pictures, drawings, posters, cartoons, crude jokes, ridicule, insults, or through any form of electronic communication of a sexual nature; false or harmful rumors spread about another person's sexual attributes, activities or orientation. You have the right and obligation to report any incident of sexual or other unlawful harassment or discrimination promptly to yom• manager. There will not be any retaliation against any employee for report ing or providing evidence in good faith regarding a discrimination or harassment complaint. Once a complaint is filed, management will make every effort to resolve the problem within a reasonable period of time. Capital City Electrical Services. LLC January 2020 Page 5 CCES is strongly committed to ensuring that our working environment respects the dignity and value of every employee. Any employee who fails to comply with this policy is subject to discipline up to and including termination. ACKNOWLEDGMENT COMPLAINTSAND REPORTS You have the right and obligation to report any incident of sexual or other unlawful harassment or discrimination promptly to your manager. There will be no retaliation against any employee for reporting or providing evidence in good faith regarding a discrimination or harassment complaint. Once a complaint is filed, management will promptly conduct an investigation. CCES is strongly committed to ensuring that our working environment respects the dignity and value of every employee. Any employee who fails to comply with this policy is subject to discipline up to and including termination. I acknowledge that I have read and understand CCE`s policies on equal opportunity and harassment. Print Name: Signature: Date: Note: A signed copy of this page will be placed in employee's file. Capital City Electrical Services. LLC January 2020 Page 6 OUR MISSION To ensure we provide the best quality service available to our customers as we deliver on our promise to ensure 100% satisfaction in every job we complete. INDIVIDUAL EXPECTATIONS All employees are expected to: • Work as directed to support the business, customers and team members • Treat customers, team members and suppliers with respect • Provide excellent customer service • Conduct themselves with honesty and integrity • Report to work on time every day • Notify their manager if they are going to be absent or late • Report to work well-groomed wearing the appropriate attire • Perform assigned tasks efficiently and safely • Maintain a clean and organized work environment • Protect CCES and customer assets and interest CONFIDENTIALITY In the course of employment, employees may have access to "Confidential Information". This may include its business plans, financial information, intellectual property, contracts, suppliers, customers, employee information or other information that CCES considers proprietary and confidential. Maintaining the confidentiality of this information is vital to CCES competitive position in the industry and, ultimately, to its ability to achieve financial success and stability. Employees must protect this information by safeguarding it when in use, using it only for the business of CCES and disclosing it only when authorized to do so to those who have a legitimate business need to know. This duty of confidentiality applies whether the employee is on or off CCES's premises, during and after work hours. This duty of confidentiality also applies to communications transmitted by CCES's. Any employee who violates this policy is subject to immediate dismissal. BUSINESS ETHICS POLICY CCES associates will maintain the highest ethical standards in the conduct of Company affairs. The intent of this policy is that each associate will conduct the Company's business with integrity and comply with all applicable laws in a manner that excludes considerations for personal advantage or gain. The following is a summary of the Company's policy with respect to the following: Capital City Electrical Services. LLC January 2020 Page 7 1. Gifts, favors, and payment made by CUES may be given to others at Company expense if they meet all the following criteria: • They are consistent with accepted business practices. • They are of sufficiently limited value and in a form, that will not be construed as a bribe or payoff. • They are not in violation of applicable law and generally accepted ethical standards. • Public disclosure of the facts will not embarrass the Company or cause action for legal remedies. 2. Gifts, favors, entertainment and payments received by Company Associates: • Associates shall not seek or accept for themselves or others any gifts, favors, entertainment, or payments without a legitimate business purpose. Employees shall not seek or accept personal loans, other than conventional loans at market rates from lending institutions, from any persons or business organizations that do, or seek to do business with, or is a competitor of the Company. • Associates may accept for themselves and members of their families, common courtesies usually associated with customary business practices. These include but are not limited to: • Lunch and/or dinner with vendors sometimes including spouses as long as the invitation is extended by the vendor. • Gifts of small value from vendors such as calendars, pens, pads, etc. • Tickets to events such as sports, arts, etc. are acceptable if offered by the vendor and the vendor accompanies the associate to the event. These are not to be solicited by the Company associate and must be approved by the appropriate Company officer. • Overnight outings are acceptable under the condition that individuals from either other companies or the vendor are in attendance. The associate must have prior approval from the appropriate Company officer. • Gifts or perishable items usually given during the holidays such as hams, cookies, nuts, etc., are acceptable. A strict standard is expected with respect to gifts, services, discounts, entertainment or consideration of any kind from suppliers. Management associates should not accept gifts from those under their supervision for more than a small, limited value. 3. Conflicts of Interest Associates should avoid any situation that involves or may involve a conflict between their personal interest and the interest of the Company. As in all other facets of their duties, associates dealing with customers, suppliers, contractors, competitors or any person doing or seeking to do business with the company are to act in the best interest of the Company. Each associate shall make prompt and full disclosure, in writing, to his or her manager of any potential situation, which may involve a conflict of interest. Such conflicts include: • Ownership by associate or by member of their family of a significant interest in any outside enterprise that does or seeks to do business with or is a competitor of the Company. Capital City Electrical Services. LLC January 2020 Page 8 • Serving as a director, officer, partner, consultant, or in a managerial or technical capacity with an outside enterprise that does or is seeking to do business with or is a competitor of the Company. • Acting as a broker, finder, go-between or otherwise for the benefit of a third party in transactions involving or potentially involving the Company or its interests. • Any other arrangements or circumstances, including family or other personal relationships, which might dissuade the associate from acting in the best interest of the Company. CONDUCT AND WORK RULES We expect our employees to project a professional image to our customers and the general public. We expect employees to follow rules of conduct that will protect the interests and safety of our customers and employees. This policy contains a list of Unacceptable behavior. Unacceptable behavior includes, but is not limited to: • Discourt eous conduct or poor service to customers • Falsification of financial records, cash receipts, company records, timekeeping records, embezzlement, or failure to follow internal controls or security procedures • Theft or inappropriate, unauthorized removal equipment, supplies, parts, or intellectual property • Possession, distribution, sale, transfer, or use of alcohol or illegal drugs in the workplace or while on duty • Fighting or threatening violence in the workplace • Boisterous, swearing, inappropriate language or disruptive activity in the workplace • Improper, careless, negligent, destructive or unsafe use of Company equipment • Insubordination and/or other disrespectful conduct • Deliberate statements or actions detrimental to CCES; knowingly spreading reports intended to disrupt relationships among employees and/or between employees Sexual or other forms of harassment, including bullying • Possession of dangerous or unauthorized materials, such as explosives, weapons, or firearms, in the workplace or on the premises • Excessive or unauthorized absenteeism or tardiness; giving false reasons for absences from work Employees violating any of the above work rules are subject to discipline, up to and including termination. Harassment, violence in the workplace, theft, drugs and alcohol and insubordination are immediate grounds for dismissal. PROBATION PERIOD Working at CCES is employment at -will. The first ninety (90) days of employment is a probationary period. Your manager will evaluate your performance during and after the 90 -day Capital City Electrical Services. LLC January 2020 Page 9 period to determine if you will attain regular employee status. Employees not meeting performance standards will be terminated during this period without notice. Performance includes but is not limited to: job duties, meeting performance expectations, delivering quality customer service, taking initiative, attendance, punctuality, injuries, vehicle accidents, attitude, and following directions. Employees needing to purchase tools will not be able to utilize CCES's tool loan program until after they have completed 90 -days of successful employment. WORK SCHEDULES The normal work schedule for all regular full-time employees is eight -hours a day, five -days per week. Your supervisor will advise you of your work schedule and any changes that will need to be made to your schedule. Staffing needs and operational demands may necessitate variations in starting and ending times, as well as variations in the total hours that may be scheduled each day and week. Certain jobs require employees to be available for work other than normal business hours. Employees are expected to work the hours established by their supervisor. Failure to follow a supervisor's time requirements may subject employees to disciplinary action up to and including termination. TIME RECORDS Due to the nature of our business, keeping track of work time must be flexible. CCES provides timesheets to allow employees to track their work hours. Timesheets are due every Monday by 10 am for the previous work week. Employees who work at project sites must indicate the project name, project time and indicate the number of hours worked on the project. Leave must be listed when appropriate. The supervisor and employee must sign the timesheet and submit it as directed by their supervisor. Failure of the employee to submit a timesheet when required or submitting a fraudulent timesheet may result in disciplinary action up to and including termination. LUNCHBREAKS Employees are permitted an unpaid lunch of either 30 -minutes or one (1) hour. The schedule for lunch and break periods is set by the department supervisor. Field employees may be allowed breaks at the discretion of the supervisor. Employees are expected to observe the time limits set for rest and lunch periods. If your schedule does not allow for the time due to the job you are working on, an authorization from your supervisor to work through lunch will be necessary and must be noted by your supervisor on your time sheet. Capital City Electrical Services. LLC January 2020 Page 10 OVERTIME Non-exempt employees who work overtime are entitled to overtime compensation. If required to work overtime, non-exempt employees will be paid one and one-half times their regular hourly rate for all time worked over 40 -hours per week. Only actual hours worked will be considered in the calculation of overtime pay. All overtime must be pre -approved by your manager. Discipline may be administered if an employee refuses to work overtime. CCES may periodically schedule overtime or weekend work to meet our business needs. We will make every effort to give employees as much advance notice as possible. For weeks that include a company paid holiday, the calculation for overtime will not include paid time for the holiday as hours worked. If an employee physically works more than 40 hours in a week that has a company paid holiday, they will be entitled to overtime pay for any time worked above 40 hours. Employees that work a holiday will be paid holiday pay and will receive "premium pay" at the rate of one and one-half times their regular pay rate for hours worked. PAY PERIODS Payroll checks will be distributed weekly for Field Employees and biweekly for Office Employees. CCES's pay work week is Monday through Sunday. All employees will be paid through Direct Deposit. ATTENDANCE At CCES, we expect all employees to report to work every day on time. Employees are to be ready to start their assignment at their required scheduled time. (Example: hanging up coats, getting water, coffee or snacks, etc, are to be done prior to start time so you are ready to work your assigned duties at your scheduled start time.) Employees are required to call in and talk directly to their manager if they are going to be absent or late to work. Excessive absences andlor tardiness will lead to discipline up to and including termination. If an employee fails to call in and/or report to work (no -call, no-show), it will be considered a voluntary termination. OPEN DOOR/ COMPLAINT RESOLUTION 'CES strives to ensure a safe, healthy and productive working environment. If you have any issues, questions or concerns, you are encouraged to voice your concerns openly with your manager. If you feel your issue was not resolved, you are encouraged to bring your concerns to the owner. Capital City Electrical Services. LLC January 2020 Page 11 TOOL PURCHASING PROGRAM Employees are required to furnish their own tools. CCES provides an opportunity for employees to purchase tools that are within the scope of your job description. Employees must have completed 90 -days of employment prior to participating in the Tool Purchasing Program. Prior approval needs to be obtained from your supervisor. CCES will provide interest free financing up to a maximum of $500.00 for employees who have completed 90 -days of employment. Employees in the 90 -day Probation Period will not be able to seek financial assistance in purchasing tools. Employees who seek to use CCES's tool finance program will be provided with a structured payment schedule through payroll deductions and will need to provide CCES with a credit card Repayment may be taken from the credit card or through payroll deductions. If for any reason you should leave the Company, the unpaid balance will be charged to the credit card provided and/or deducted from your last paycheck. Lost or stolen tools are the responsibility of the employee. It is the responsibility of each employee to ensure proper safety and accountability for personal items. PERFORMANCE EVALUATIONS The purpose of a performance evaluation is to ensure employees meet their goals and job responsibilities. You and your manager will review your performance (positive and areas of improvement) throughout the year. Performance evaluations are a continuous process and are conducted formally and informally. MERIT PAY INCREASES Merit pay increases are awarded to individuals who exceed their performance goals. Merit increases depend upon individual performance, CCES's overall performance, your team's performance and your individual pay within the compensation pay range. Individuals who successfully progress through the Apprenticeship Program will be rewarded more generously than those who do not progress through the Program in a timely manner. APPEARANCE/UNIFORMS All offi ce employees are required to dress in a professional manner at all times during normal working hours. For men, this means jeans or khakis, shirts with a collar tucked in (band collar Acceptable); company provided shirts when possible. For women, jeans, slacks, skirts, skorts, or pants; appropriate fitting tops and footwear. Examples of inappropriate dress include but are not limited to: a. No shorts, ripped or baggy jeans, t -shirts, hats, or visible body piercing other than pierced ears. b. Revealing clothing is not appropriate for the workplace. Capital City Electrical Services. LLC January 2020 Page 12 c. Spandex or other form -fitting pants must be covered by a shirt. d. Dress and skirt length should be no shorter than four inches above the knee. e. No mini -skirts, sun dresses, beach dresses, and spaghetti -strap dresses. £ No tank tops, midriff tops, halter tops, or tops with bare shoulders. Uniforms are provided by CCES. As a safety precaution, all technicians are required to provide and wear steel -toed boots. You are also responsible for cleaning your uniforms. Chains or necklaces may be worn but must be worn inside of clothing. Upon termination from the Company, all uniforms must be returned to the Company. Employees who do not return their uniforms will be charged a fee for each item not returned and the cost will be deducted from your last paycheck. Rule of thumb; if in doubt don't wear it. Just because an article of clothing may be in fashion does not mean that it is appropriate for the workplace. If a member of management deems your aAire inappropriate, you may be asked to leave work to change your clothes. The time is not compensable, and you will be expected to return to work. PERSONNEL ADMINISTRATION Employees are responsible for helping CCES maintain current personnel records. Employees must promptly report any of the following changes: 1. Legal name, address, or phone number 2. Emergency contact 3. Number of dependents 4. Driving record or status of driver's license 5. Exemptions on your W4 or G4 form 6. Change in work status eligibility BENEFITS CCES provides the following benefits for eligible employees: • Paid Time Off • Insurance • Tuition Reimbursement • Profit Sharing • 401(k) Savings Plan • Holidays • Personal Medical Leave • Bereavement Pay • Jury Duty Capital City Electrical Services. LLC January 2020 Page 13 PAID TIME OFF CCES's Paid Time Off (PTO) policy is inclusive containing provisions for vacation time, sick time and personal time. Employees are accountable and responsible for managing their own PTO hours to allow for adequate reserves if there is a need to cover vacation, illness or disability, appointments, emergencies or other needs that require time off from work. All full-time employees will accrue PTO hours according to the following table effective January 1, 2008. Employees become eligible for the new higher accrual rate on the employee's anniversary date. The accrual rate is as follows: Years of Service HOURS DAYS Monthly Accrual First day 42 months 80 hours 10 days 6.67 hours/month 1 year - 4 years 96 hours 12 days 8.00 hours/month 5 years - 9 years 136 hours 17 days 11.33 hours/month 10 years 144 hours 18 days 12.00 hours/month 11 years 152 hours 19 days 12.67 hours/month 12 + years 160 hours 20 days 13.33 hours/month Due to the nature of our business, employees requesting time off between April and September should request no more than 40 -hours off per request. This will allow all employees the opportunity to take some PTO during our peak business season. All requests must be submitted at least two -weeks in advance and are subject to availability. All requests will be reviewed on a "first come" basis. To avoid any disappointment, it is recommended that you submit your request as soon as practical. All requests must be pre - approved by your Supervisor/Manager and forwarded to Human Resources. PTO may not be used for missed time because an employee reports late to work, except during inclement weather. PTO is paid at the employee's current base salary or hourly wage. Employees are required to use available PTO when taking time off from work, with the exception of a company required absence due to low workload. PTO may be taken in two (2) hour increments. Employees may not use more hours than they have accrued. PTO may be used for one-week as not to exceed a total of 40 paid hours. Unused PTO hours, up to 40 -hours, maybe carried over from one calendar year to the next. If you terminate your employment, or are terminated, you will forfeit any earned and unused PTO time. Capital City Electrical Services. LLC January 2020 Page 14 INSURANCE The Company maintains a comprehensive insurance program that provides health, dental, basic life/AD&D, short term disability, critical illness and accident benefits for the protection of all eligible employees. Employees are eligible for insurance benefits the first of the month after a 60 -day waiting period. We also offer our employees the option of dependent insurance coverage at competitive group rates. Dependent insurance is funded through an employee's payroll deduction. Complete details of these insurance benefits are provided in Company insurance booklets. Any questions pertaining to these benefits should be directed to the Human Resource Department. CCES reserves the right to amend, change the benefits plan from time to time or discontinue the benefit plan in its entirety or any portion thereof. TUITION REIMBURSEMENT CCES offers tuition reimbursement for regular full-time employees who wish to further their career. All courses must be pre -approved prior to taking the course. CCES will pay the cost of all company required training. CCES requires all employees in the Apprenticeship Program to complete the Program in a timely manner to achieve Journeyman status. Those who fail to progress through the program will have a limited opportunity to receive pay increases. Employees are encouraged to invest in developing their own skills. Employees completing college courses, courses that are for the purpose of a college degree, recertification classes or continuing education classes must receive a "B" grade or higher, or an acceptable rating if the ratings are acceptable and unacceptable. Employees who are currently in or are entering into an electrical apprenticeship program, must receive a "C" grade or higher in each class to be eligible for reimbursement. If an employee does not receive the minimum standards listed above, they will not be reimbursed. Employees may submit a special request to CCES asking CCES to advance them the funds to pay for a course. CCES will determine if it is able to satisfy that request at that time. If the employee's classes are pre -funded, they are responsible for obtaining the grade levels mentioned above. If they do not receive the minimum standard as stated in this policy, they will be asked to reimburse CCES for the tuition, books and fees it paid on behalf of the employee. Employees who complete any apprenticeship courses conducted by IEC that were paid for by CCES are required to work a minimum of 24 -months after completing each class or they will be required to reimburse CCES for all of tuition assistance and or reimbursement it provided. Capital City Electrical Services. LLC January 2020 Page 15 PROFIT SHARING CCES has established aProfit-Sharing Program. A profit-sharing plan or program is designed to share Company profits with employees. An employee is eligible after 6 full months of employment however; an employee may have to wait until an "open enrollment period" which occurs twice annually. Details regarding the plan will be available to each employee during the enrollment period. CCES's Profit Sharing Program is based on Company profits and as such, contributions made by CCES are at the discretion of management and vary from year to year. CCES intends to share with its employees their financial success; however, contributions to the plan are based on profit and are not always possible. Contributions are at the Company's discretion. Employees will be notified of any distribution of profits. As with all CCES's benefit programs, the Company reserves the right to amend, change, or discontinue the benefit plans at any time with or without notice. 401(x) RETIREMENT SAVINGS PLAN CCES has established a 401(k) savings plan to provide employees the opportunity to save for retirement. After 6 full months of employment you will be eligible to enroll in the plan. However, you have to wait until an enrollment period to be able to participate. A 401(k) plan allows employees, through payroll deduction, to make contributions to their 401(k) account. CCES will also contribute an additional 3%to each employee's 401(k) contribution. Complete details of the 401(k) savings plan are described in the Summary Plan Description provided tU eligible employees. Contact the Human Resources department for more information about the 401(k) plan. All plans are subject to change at management's discretion and in accordance with laws that govern such retirement plans. HOLIDAYS Regular full-time and part-time employees are eligible to be paid for following holidays: 1. New Year's Day 2. Memorial Day 3. Independence Day (4th of July) 4. Labor Day 5. Thanksgiving Day 6. Christmas Day A recognized holiday that falls on a Saturday will be observed on the preceding Friday. A recognized holiday that falls on a Sunday will be observed on the following Monday. Capital City Electrical Services. LLC January 2020 Page 16 To be eligible for a paid holiday, an employee must be employed with CCES for at least 60 days. Employees must work his/her scheduled hours both the day before and the day after the holiday to qualify for holiday pay. Supervisors and Managers may authorize the use of PTO (Paid Time )ff) the day before or day after the holiday at their discretion. Employees using authorized PTO will be paid for the holiday. If a holiday occurs during the employee's vacation, the employee's vacation will be extended by the number of holidays falling during the vacation period or an equal number of vacation days will be carried forward for future use. FAMILY /MEDICAL LEAVE (FMLA) The Family and Medical Leave Act provides up to 12 weeks of unpaid leave during a 12 -month period to eligible, covered employees for the following reasons: 1. Birth of a child 2. Adoption or foster care 3. Care for an employee's spouse, domestic partner, son, daughter or parent (family member) with a "serious health condition" 4. The employee's own serious health condition that makes the employee unable to perform his or her job duties FMLA is available to eligible employees who meet the following criteria: • Worked for 12 months; and • Have at least 1,250 hours of service with the organization in the last 12 months. Employees who are going to be absent from work, for an illness, injury or worker's compensation injury, for eight or more days, will need to request FMLA, if they meet the above criteria. The appropriate FMLA Form(s) must be submitted to Human Resources for pre - approval. The FMLA form must include a certification from the medical provider. Employees who take FMLA will be paid their PTO during this period. If eligible for disability payments, PTO will be paid prior to disability payments. While on FMLA, employees will need to pay all of their insurance premiums to the company while they are out. Payments are due on the first day of the month via a check. All other benefits that are provided by the company may cease until the employee returns to work. Before return ing to work, the employee must submit a medical release from their medical provider stating the employee is able to return to work to fulfill the essential functions of the job. Employees who need to exceed the 12 -week FMLA period may submit a formal request for an extension to Human Resources that is approved by their Medical Provider. Employees who are not able to return to work within 60 -days after exhausting FMLA will be administratively terminated. For additional information, talk with your manager or Human Resources. Capital City Electrical Services. LLC January 2020 Page 17 Employees not eligible for FMLA, may request Personal Medical Leave. Personal Medical Leave approval is at the discretion of management. BEREAVEMENT PAY Bereavement pay is awarded when an employee must be away from work. Full-time employees may elect to receive up to two -days (2) of bereavement pay when morning the loss of an immediate family member. Immediate family includes grandparents, parents, spouse, siblings, and children. Requests for compensation must be submitted to your manager. Documentation may be required. JURY DUTY Upon receipt of notification from the state or federal courts of an obligation to serve on jury or to act as a court witness, the employee should notify his/her supervisor. The employee is required to provide copies of the subpoena or jury summons to his/her supervisor and Human Resources. Appropriate documentation must be presented at least two (2) weeks in advance to qualify for the payment benefit. The supervisor will make scheduling adjustments in order to accommodate the employee's obligation. The employee will also provide court documentation to the supervisor and Human Resources substantiating their participation. To provide income protection while an employee carries out his/her civic responsibility, CCES provides the difference between jury duty pay and your regular day's pay for time spent serving on jury duty. Income protection for time spent serving on jury duty will be provided for a maximum of five (5) working days. Additional salary protected time away from the workplace for this purpose will be considered on a case-by-case basis. Employees appearing as a plaintiff, defendant or for non -subpoenaed court appearance will not receive paid time off. PTO, if available or unpaid time should be used for these instances. VOTING Employees who are registered voters and who lack sufficient time outside of work to vote in any local, state and national election may take up to two -hours off from work withotrt pay at the beginning or end of the day for this purpose. Employees will not be eligible to take any additional time off for voting purposes Employees should request the necessary time off at least two days in advance. This will be excused without pay. Capital City Electrical Services. LLC January 2020 Page 18 CHILDREN IN THE WORKPLACE CCES values family and work balance. CCES believes in an environment that is conducive to work; therefore, the workplace should not be used in lieu of childcare. It is inappropriate for minor children and other minor relatives of employees to be in the workplace during working hours. This policy has been implemented to minimize potential liability to CCES, risk or harm to children and decreased employee productivity due to distractions and disruptions. This policy is not intended to prohibit children or other minors and family members from being in the workplace during business hours to meet for lunch or for after work activities or other legitimate business reasons. Visitors should be greeted in the lobby by the employee and are permitted in the general work areas on a limited basis and only if escorted by the employee. Please be courteous to other co-workers and keep disruptions to a minimum. Exceptions to this policy are permitted under extenuating circumstances and with written approval from your supervisor/manager and Human Resources. This policy is not intended to prohibit children of employees in participating in "Work with Mom" or "Work with Dad" programs sponsored through our schools. Prior authorization from your supervisor/manager and Human Resources will be necessary to participate and is approval is subject to Company work schedules. COMPANY VEHICLES For those employees who are eligible for a company vehicle, please refer to Fleet Management Guide, HEALTH AND SAFETY Employees are expected to comply with all safety guidelines and follow safe work practices at all time when operating any equipment. Employees are expected to: 1. Follow safety guidelines and safe work methods. 2. Use all equipment properly. 3. Report all unsafe conditions and unsafe acts to your manager immediately. 4. Report all job-related injuries to your manager immediately. 5. Help team members work safely. 6. Smoking is prohibited in Company facilities, offices and vehicles. This non-smoking policy includes electronic cigarettes, chewing tobacco and vaping products. 7. Employees must be Certified to operate any equipment. Training will be provided by CCES. Work Areas: The overall condition and appearance of each work area is vital to the image conveyed to customers. Clutter and trash must be removed in a timely manner. Capital City Electrical Services. LLC January 2020 Page 19 Injuries: Employees are required to practice safe work methods and operate equipment, tools and vehicles properly and handle chemicals safely. If you are new to any piece of equipment, ask your manager to demonstrate and certify you on the use of the equipment. All safety incidents and injuries, regardless of severity are to be reported to your manager immediately, and a report must be completed within 24 -hours of the incident and submitted to Human Resources. Employees not following safe work methods, safe work practices or complying with the above procedures will be subject to discipline. SUBSTANCE ABUSE CCES is a certified Drug -Free Workplace. CCES is committed to providing a safe work environment and to fostering the well-being and health of its employees. That commitment is jeopardized when any CCES's employee illegally uses drugs on or off the job, comes to work under the influence, possesses, distributes or sells drugs in the workplace, or abuses alcohol on the job. 1) It is a violation of company policy for any employee to report to work under the influence of alcohol or illegal drugs. 2) Employees, who purchase, sell or possess alcohol, illegal drugs, controlled substances, or associated paraphernalia, while on the job or on company property, will be terminated. 3) It is a violation of company policy to use, possess, sell, offer for sale or trade, or offer to buy legal or illegal drugs or otherwise engage in the illegal use of drugs on or off the job. 4) It is a violation of company policy for employees to use any type of tobacco products on the job or in the office including e -cigarettes and smokeless tobacco. 5) Employees are expected to be in suitable mental and physical condition at work, to perform their job satisfactorily and behave professionally. 6) It is a violation of company policy for employees to use over the counter or prescription drugs illegally. 7) If an employee reports to work impaired, they will be deemed unable to properly perform required duties and will not be allowed to work. If possible, your manager will first seek another manager's opinion to confirm your status. Next, the manager will consult with you privately to determine the cause of the observation, including whether substance abuse has occurred. If, in the opinion of the manager, you are considered impaired, you will be sent home or to a medical facility by taxi or another safe transportation alternative but will not be allowed to drive. A drug and alcohol test may be ordered upon reasonable suspicion of impairment due to drugs or alcohol. 8) CCES may conduct random drug and alcohol screens throughout the year. 9) Any employee who tests positive for illegal drugs or under the influence of alcohol while on the job will be terminated. TELEPHONES Capital City Electrical Services. LLC January 2020 Page 20 Cell Phone Usage: Personal cell phones may be used during breaks and meal periods only and not during work time. Personal cell phones should be turned off and remain in your personal vehicle during your work shift. Employees may not engage in texting while on duty. Family members may call the main number to reach you, in an emergency arises. Cell phones are allowed for outside sales' persons, managers and owners if they are being used for work purposes. Cell Phone Usage in Vehicles: Employees driving company vehicles are prohibited from using a cell phone while operating a company vehicle. If a call must be placed or received, drivers are asked to pull over and secure the vehicle if they need to talk on the phone. Texting is strictly prohibited while driving. Company Telephones: Company telephones are for business purposes. All business calls must be answered promptly. In order to provide best4n-class service, calls should be answered by the third ring. Employees are to be courteous and respectful at all times. Telephone calls may be monitored and/or recorded by CCES for business purposes. Incoming and outgoing personal phone calls are to be kept to a minimum and should not interfere with or prevent from providing quality service to our customers. Personal calls should be made during your lunch and break period. If personal long-distance phone calls are made, the cost of the call should be reimbursed to CCES. Failure to comply with these policies will include discipline, up to and including termination. ELECTRONIC EQUIPMENT To remain competitive, better serve our customers, and give our talented workforce the best tools to do their jobs, CCES continues to adopt and make use of new means of communication and information exchange. This means that many of our employees have access to one or more forms of electronic media and services including: computers, email, telephones, voicemail, fax machines, and the Internet. Every employee has a responsibility to maintain and enhance CCES's public image and to use electronic media in a productive manner. Employees are responsible for seeing that electronic media is used in an effective, ethical and lawful manner. CCES provides electronic media for an employee's business use. However, limited, occasional, or incidental use of electronic media for personal, nonbusiness purposes is understandable and acceptable. All employees should remember that electronic media and services provided by CCES are Company property and their purpose is to facilitate and support Company business. All messages created, sent or retrieved by electronic media are the property of CCES. CCES reserves the right to access and monitor all messages and files transmitted by electronic media to ensure compliance with the law and Company policy. Employees should not have an expectation of privacy in emails, documents, files, voice files or other communications or materials created, received, stored, transmitted or processed using CCES's electronic resources. Capital City Electrical Services. LLC January 2020 Page 21 Electronic media cannot be used for knowingly transmitting, retrieving or storing any communication that is: discriminatory or harassing; derogatory to any individual or group; obscene; threatening; or is illegal or contrary to CCES's policy or business interest. Use of electronic media should not be used for personal gain or advancement or individual views and must not interfere with your productivity. To prevent computer viruses from being transmitted I=> the system, employees are strictly prohibited from downloading any software. Media storage from outside sources must be virus scanned prior to opening it on the network. Employees obtaining electronic access to copyrighted materials cannot copy, retrieve, modify or forward the copyrighted materials except as permitted by the copyright owner. Misuse or violations of electronic media may result in disciplinary action up -to and including discharge. If necessary, CCES will advise appropriate legal officials of any illegal violations. CCES recognizes the growing importance of online social media networks as a communication tool. This policy addresses employees' use of such networks, including personal websites, web logs (blogs), wikis, social networks, Facebook, Instagram, Vine, online forums, virtual worlds, and any other kind of social media. CCES respects the right of employees to use these mediums during their personal time. Use of these mediums during CCES time or on CCES equipment, however, is prohibited. CCES takes no position on employees' decision to participate in the use of social media networks. In general, employees who participate in social media are free to publish personal information without censorship by CCES. Employees must avoid, however, posting information that could harm CCES using the guidelines set forth below. All employees are responsible for maintaining CCES's positive reputation and under no circumstances should employees present CCES to the public in a manner that diminishes its standing within the community. Instead, employees are responsible for presenting CCES in a manner that safeguards the positive reputation of themselves, as well as CCES's employees, managers and owners. If an employee chooses to identify him or herself as an employee of CCES on any social media network, he or she must adhere to the following: • Employees are required to state in clear terms that the views expressed on any social media network are the employee's alone and that they do not necessarily reflect the views of CCES. • Employees are prohibited from disclosing information on any social media network that is confi dential or proprietary to CCES or to a third party that has disclosed information to CCES. For example, information about or identifying CCES's customers, co-workers, Capital City Electrical Services. LLC January 2020 Page 22 incidents that occur at CUES, or information that may be valuable to a competitor including specific product information or pricing. • Employees are prohibited from displaying CCES logo on any social media network without permission from CCES. Also, they should not post images of co-workers without the co-worker's consent. Finally, employees are prohibited from posting any nonpublic images of CCES premises and property. • Employees are prohibited from making statements about CCES, their coworkers, our customers, competitors, agents, or partners that could be considered as harassing, threatening, libelous, or defamatory in any way. • Employees are prohibited from acting as a spokesperson for CCES or posting comments as a representative of CCES. • Employees are prohibited from sharing any communication that engages in personal or sexual harassment, unfounded accusations, or remarks that would contribute to a hostile work environment (racial, sexual, religious, etc.), as well as any behavior not in agreement with CCES's general corporate policies. Employees who participate in social media may still decide to include information about their work at CCES as part of their personal profile, as it would relate to a typical social conversation. This may include: • Work information included in a personal profile, to include CCES name, job title, and job duties. • Status updates regarding an employee's own job promotion. • Personal participation in CCES sponsored events, including volunteer activities. It is CCES's policy that employees use CCES's electronic communications systems, including email and the Internet, exclusively for CCES business. Employees are not permitted to use CCES's electronic communications systems for personal communications, including social networking, at any time. An employee who is responsible for a social media posting that fails to comply with the guidelines set forth in this policy or that otherwise causes harm to CCES may be subject to discipline, up to and including termination. Employees will be held responsible for the disclosure, whether purposeful or inadvertent, of confidential or proprietary Company information, information that violates the privacy rights or other rights of a third party, or the content of anything posted on any social media. Further, employees may be liable for monetary damages for such disclosure. Anything posted on an employee's Web site or Web log or other Intern et content for which the employee is responsible will be subject to all Company policies, rules, regulations, and guidelines. CCES is free to view and monitor an employee's website or web log at any time without consent or previous approval. Capital City Electrical Services. LLC January 2020 Page 23 WORKPLACE SEARCHES To protect Company property and to ensure the safety of all employees, CCES reserves the right to inspect and search any employee's office, desk, drawers, cabinets, files, equipment, including computers, e-mail and voice mail, Company vehicles, and any area on Company premises. In this regard, it should be noted that all offices, desks, file drawers, cabinets, and other company equipment and facilities are the property of CCES and are intended for business use. Employees should have no expectation of privacy with respect to items brought onto Company property and/or stored in Company facilities. Inspection may be conducted at any time, without notice, at the discretion of CCES. In addition, when CCES deems appropriate, employees may be required to submit to searches of their personal vehicles, parcels, purses, handbags, backpacks, briefcases, lunch boxes or any other possessions or articles brought on to CCES's property. Persons entering the premises who refuse to cooperate in an inspection conducted pursuant to this policy may not be permitted to enter the premises. All employees must cooperate in an inspection; failure to do so is insubordination and will result in disciplinary action, up to and including termination. INCLEMENT WEATHER Occasionally, weather may become a factor and no employee should attempt to come to work in dangerous weather conditions. In a case of severe weather, an employee must look out for his or her own safety. Unless management has closed the Company facility, employees are expected to come to work. Employees who are unable to come to work will have the option to use PTO time or day without pay. SOLICITATION CCES prohibits on site solicitation by employees and non -employees. Outside sources such as charities, educational institutions, groups, etc. should be referred to the Owner. OTHER EMPLOYMENT Employees are permitt ed to engage in outside work or hold other jobs, subject to certain restrictions. Any employee holding a job with another organization must always demonstrate satisfactory performance in his or her job responsibilities with CCES. All employees will be reviewed by set performance standards and will be subject to CCES' scheduling demands, regardless of any existing outside work requirements. Activities and conduct away from the job must not compete, confl ict with or compromise the company interests or adversely affect job performance and the ability to fulfill all responsibilities by CCES. Employees are prohibited from performing any services for customers on nonworking Capital City Electrical Services. LLC January 2020 Page 24 time that are normally performed by CCES. The prohibition also extends to the unauthorized use of any company tools or equipment and the unauthorized use or application of any confidential information. The use of Company vehicles for non -work related purposes is strictly prohibited. Company vehicles have been equipped with GPS and are subject to report review. The production and use of GPS reports will be used to validate the location and usage of Company vehicles. In addition, GPS reports will also be used to control and monitor the usage of gas cards. Any expenses that cannot be validated by GPS reports will be the responsibility of the employee and may be subject to payroll deduction. Electricians are not allowed to do any side work for compensation paid by other than CCES. Employees are not to solicit or conduct any outside business during paid working time. PERSONAL MAIL The mailroom and the postage meter are to be used for Company business only. Personal mail and packages should not be sent or received at the office. Since personal mail is not to be sent to the office, all mail received at the Company address will be assumed to be mail intended for the Company and will be opened. If any opened item is determined to be personal, it will be forwarded to the appropriate employee. CCES accepts no responsibility for personal mail being forwarded to the appropriate person. WORKPLACE VIOLENCE Firearms and weapons are strictly prohibited on CCES property. Employees are also strictly prohibited from carrying firearms or weapons while they are in the course of their employment, regardless of whether they are on Company property or at a location where firearms or weapons are otherwise allowed. This restriction during the course of employment applies to all employees and includes any location where CCES business is conducted. The only exception to the foregoing pert ains to employees who are properly licensed to carry concealed weapons. Those employees, and only those employees, are permitted to cavy and/or store concealed weapons and/or ammunition, but only in their own motor vehicles. Such weapons and ammunition shall remain concealed while in the employee's own motor vehicle (i.e., indiscernible from the ordinary observation of a person located outside and within the immediate vicinity), and shall not leave the employee's own motor vehicle while it is on Company property or at any time the employee is in the course of employment. Any employee in violation of this policy will be subject to disciplinary action, up to and including termination. Capital City Electrical Services. LLC January 2020 Page 25 EMPLOYMENT TERMINATION Employees enter into employment with CCES at -will and may resign from their position at any time. Except where required by law, employees will not be paid out any vacation/PTO. RETURN OF PROPERTY Employees are responsible for returning all property belonging to and created on behalf of CCES at termination or when requested by management. All property returned should be in the same or similar condition as originally provided, with normal "wear and tear" which includes shirts, jackets, and keys, manuals, and tools. If Company property is not returned, employees will be responsible for the value of the property and the appropriate deduction will be reflected in their last paycheck. The Company does not accept liability for personal property if lost, stolen, or damaged on Company premises or in Company vehicles. Capital City Electrical Services. LLC January 2020 Page 26 19 1 RFP 2IT" 16 •k; • n -FCY I,- .[j ESTABLISHED 2006 Cost Proposal (page 1 of 21 RFP 21-PW16 The offeror's cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5. The undersigned 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: Print/Type Company Name and Address: Authorized � p Signature Print/Type Name Print/Type Title *See Cost Proposal Sheet Below* 20 1 RFP 21-PW16 ®MUST BE RETURNED WITH PROPOSAL o Cost Proposal (page 2 %J 2) RFP 21-PW16 OF LIABILITY .. CERTIFICATE 07/12/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Cry stal Pulliam The Tabb Insurance Agency PHONE FAx 2435 Wall Street taro. u„ F.+,• (770) 483-1800 x 23 rAIC. Nor. (770) 785-4185 Suite 102 Conyers, GA 30013 INSURED Capital City Electrical 1346 Oakbrook Drive Suite 170A Norcross, GA 30093 CERTIFICATE NUMBER: cry urance.com (NSURER(S) AFFORDING COVERAGE IrIsuRERA: Donegal Mutual Insurance Company IIJsuRERB: The Continental Insurance Company D: INSURER E IYX[IF9C•1N�t>iP,I3��1 NAIC # 13692 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE ADDL SD SUBR WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MMIDD LIMITS A V COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FA OCCUR y y CPP8940775 10/24/2020 10/24/2021 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence $ 600,000 MED EXP (Ary one person) $ 53000 PERSONAL & ADV INJURY $ 11000,000 GENL AGGREGATE LIMIT APPLIES PER: POLICY JECOT- LOC OTHER: GENERAL AGGREGATE $ 2,000, 000 PRODUCTS - COMP/OP AGG $ 21000,000 $ A AUTOMOBILE LIABILITY ANY AUTO OWNED SCI-EDLM-ED AUrOS ONLY AUTOS HIRED NUN -OWNED AUrOS ONLY AUTOS ONLY I L Y Y CA8940775 10/24/2020 10/24/2021 COMBINEDSIP43LELIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ A UMBRELLA LIAB EXCESS LIAR OCCUR CLAIMS -MADE Y Y CXS8940775 10/24/2020 10/24/2021 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A Y WC8940775 10/24/2020 10/24/2021 STATUTE EORµ E. L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 11000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A A B Leased/Rented Equipment Business Personal Property UMBRELLA LIABILITY ICPP8940775 ICPP8940775 17011477629 10/24/2020 10/24/2020 12/07/2020 10/24/2021 10/24/2021 12/07/2021 $500 Deductible $1,000 Deductible OCC: $2,0003000 $250,000 $250,000 AGG: $2,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) See ACORD 101 CERTIFICATE HOLDER City of Milton 2006 Heritage Walk Milton, GA 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED IN ACCORDANCE WrrH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserv ed. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CA16071015350992 _ LOC #: A4C<>RE0 ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED The Tabb Insurance Agency Capital City Electrical Services, LLC basis per form CGD 1346 Oakbrook Drive POLICYNUMBER CONTRACTORS - Suite 170A STATUS WHEN Norcross, GA 30093 IN CONTRUCTION AGREEMENT CARRIER NAIC CODE 13692 EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Re: On -Call Electrical Services Blanket Additional Insured regarding General Liability on a Primary and non-contributory basis per form CGD 20 33 05 15 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONTRUCTION AGREEMENT IN CONTRUCTION AGREEMENT Additional Insured regarding General Liability per form CGD 90 98 01 19 GEORGIA -ADDITIONAL INSURED -OWNERS, LESSEES OR ACTORS - COMPLETED OPERATION - AUTOMATIC STATUS WHEN REQUIRED IN CONTRUCTION AGREEMENT Waiver of Subrogation regarding General Liability per form CGD 09 06 07 15 SILVER SERIES PLUS PREFERRED GENERAL LIABILITY AGE ENHANCEMENT ENDORSEMENT Project Agggregate applies regarding General Liability per form CGD 09 06 07 15 SILVER SERIES PLUS PREFERRED GENERAL LIABILITY /ERAGE ENHANCEMENT ENDORSEMENT. Additional Insured regarding Automobile Liability per form AU -102 5/91 DESIGNATED INSURED. Waiver of Subrogation regarding Automobile Liability per form CAD 09 04 05 08 SILVER SERIES PLUS BUSINESS AUTO COVERAGE CEMENT ENDORSEMENT Waiver of Subrogation regarding Workers Compensation per form WC 00 03 13 (4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS SEMENT Umbrella follows form per CUD 90 05 03 06 CONTRACTOR'S LIABILITY FOLLOWING FORM ENDORSEMENT Umbrella Blanket Waiver of Subrogation per form CUD 90 39 10 14 WAIVER OF TRANSFER OF RIGHTS OR RECOVERY AGAINST OTHERS TO US WHEN REQUIRED IN A WRITTEN CONTRACT ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT "C" See Exhibit "A"and Exhibit "B" //�� EXHIBIT "D" STATE OF ve0 ,1� COUNTY OF CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as &Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number 30 �' Date of kuthori ation Capital City Electrical Services. LLC Name of Contractor On -Call Electrical 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 u { , 20a t in �jprr/ p$ (city), (state). Signature of �xithorized officer or Agent 6 &r 5 l %e.1 Printed Name and Title of Authorized Officer or Agent SUBSCRI D AND SWORN BEFORE ME ON THIS y' DAY OF v , 20 Z\. 1 [NOTARY SEAL] My Commission Expires: Jeanette D Allison NOTARY PUBLIC Gwinnett County, Georgia My Commission Expires 10/9/2021 STATE OF COUNTY OF EXHIBIT "E" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with _Capital City Electrical Contractors, 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. § 1340-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor On -Call Electrical 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 5 20_ in (city), (state). No Text CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 10, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Services Agreement between the City of Milton and Meer Electrical Contractors, Inc. for On-Call Electrical Services. MEETING DATE: Monday, August 16, 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 August 16, 2021 X X To: Honorable Mayor and City Council Members From: Sara Leaders, P.E., Acting Public Works Director Date: Submitted on August 4, 2021 for the August 16, 2021 Regular City Council Meeting Agenda Item: Approval of a Services Agreement between the City of Milton and Meer Electrical Contractors, Inc. for On-Call Electrical Services. _____________________________________________________________________________________ Project Description: Two vendors have been selected for contract award: Capital City Electrical Services, LLC and Meer Electrical Contractors, Inc. The Contractor will provide on-call electrical services for City of Milton facilities, buildings, parking lots, grounds, and right-of-ways/roundabouts on an as-needed basis. Annual contract price shall not exceed $49,000. This contract has an option of three (3) annual renewals beginning October 1, 2021 and ending September 30, 2024. Due to the competitive pricing and ability to meet the City’s response needs for these type services, the City decided to select both companies for contract award. Staff is recommending the award of individual contracts with each of the two above named vendors. Procurement Summary: Purchasing method used: RFP Account Number: Facility and Grounds Repair & Maintenance Accounts Across Impacted Departments Requisition Total: Not to exceed $49,000 Financial Review: Bernadette Harvill, August 6, 2021 Legal Review: Dennis Bost, Jarrard & Davis, LLP – August 2, 2021 Attachment(s): On-Call Services Agreement – Capital City 1 AGREEMENT FOR ON-CALL ELECTRICAL SERVICES THIS AGREEMENT is made and entered into this_____ day of _____________, 20___ (the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council (hereinafter referred to as the “City”), and Meer Electrical Contractors, Inc., a Georgia Corporation, (herein after referred to as the "Contractor"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Contractor to provide certain services in the completion of a Project (defined below); and WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, 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 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 Exhibit "D" — Contractor Affidavit Exhibit "E" — Subcontractor Affidavit S. Prot Description, The "Project" at issue in this Agreement is generally described as: On -Call Electrical Services for City of Milton facilities, buildings, parking lots, grounds, and right-of-ways/roundabouts, 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. "Task Orders" will be issued to the Contractor stating each task requested of Contractor by the City, Unless otherwise stated in Exhibit "C" or in a Task Order, the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work or in a Task Order, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. The Parties agree that this is not a contract for public works construction subject to the provisions of O.C.G.A. Title 36, Chapter 91, or Title 36, Chapter 10, Article 2. D. Schedule Completion Date and Term of A reement. 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. Emergency projects or repairs shall require a response to the site within two (2) hours, preferably sooner. Emergency services shall be available 24 hours per day 365 days per year. The timing of service delivery is set forth in more detail in Exhibit "C". The term of this Agreement ("Term") shall commence as of the Effective Date, and terminate without further obligation on the part of the City on September 30, 2021 (provided that certain obligations will survive termination/expiration of this Agreement). In accordance with O.C.G.A. § 36-60-13, this Agreement shall automatically renew for three (3) successive annual renewal terms (the first renewal term commencing on October 1, 2021 — and ending on September 30, 2022) (each renewal term is collectively referenced herein as "Renewal Terms.." and individually referenced as "Renewal Term") absent City's provision of written notice of non -renewal to Contractor at least five (S) days prior to first day of the Renewal Terms. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by City. II. TASK ORDERS AND WORK CHANGES A. Task Orders. All Work will be ordered by Task Order in written form (email is acceptable) sufficient to describe the scope of work requested. Task Orders may but need not define a "not to exceed without permission" budget for the Work. Task Orders shall be performed in accordance with the terms of this Agreement, and must be issued by the City's Representative 2 (as defined herein) or his or her delegate and sent to the Contractor's Representative (as defined herein) or his or her delegate. B. Chanize Order Defined. A "Change Order" means a written modification of this Agreement, signed by representatives of City and Contractor with appropriate authorization and in accordance with the City's Purchasing Policy and any City budget restrictions. C. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Mayor or City Council, any number of Change Orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the Annual Contract Price, as set forth in Section 111(B) below. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the Annual 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 price" (which represents the total aggregate expenditure amount that was appropriated for the Tenn and Renewal Terms herein). 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. City shall pay Contractor within thirty (30) days after approval of the invoice by City staff. B. Annual Contract Price. The total amount paid during the initial Term of this Agreement or during any single Renewal Term as compensation for Work performed shall not, in any case, exceed $49,000.00 (the "Annual Contract Price"), except as outlined in a Change Order described in Section 11(B) above. The compensation for Work performed shall be based upon the hourly worker rates and cost rates set forth in Exhibit "B" herein, and on an as -needed basis according to the Task Orders as described in Section I(C) and Section II(A) herein. C. Reimbursement for Costs. The Annual Contract Price set forth in Section III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the Project, and reimbursement for costs incurred shall be limited as follows: Contractor shall be reimbursed for costs in the types and at the rates set forth in Exhibit "11". IV. COVENANTS OF CONTRACTOR A. Expertise of Contractor; LicensesCertification 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 3 requisite capacity, experience, and professional ski 11 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. § 5p-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. Peter Meer I -INSERT NAME] 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. rd F. Assignment of Agent. 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. Responsibil[W of Contractor and Indemnification ofG . 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. 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 pert'orrn 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 I invited purpose stated in such authorization. Contractor shall assume full I iabi i ity 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 7 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 or at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability of at least $1,000,000 (one million dollars) R limit for claims arising out of professional services and caused by Contractor's errors, omissions, or negligent acts. ldj 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: S NIA per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers' Liability, and Professional Liability. (3) Deductibles and Self -Insured Retentions; Any deductibles or self-insured retentions must be declared to and approved by City in writing so that City may ensure the financial solvency of 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 7 be construed to require the Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of Contractor's insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Contractor for City. (b) Workers' Com ensation 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 (3 0) 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 8 starting and ending dates. (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 Iess 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. (G) 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 altemate 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 (i) 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 (G) 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, 9 except City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers' Compensation policy. (10) Progress Payments: The making of progress payments to 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 IIE" (affidavits regarding compliance with the E - Verify program to be sworn under oath under criminal penalty of false swearing pursuant to D.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 ❑.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 (1RCA), P.L. 99-603, Q.C.G.A. § I3 -I0-91 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 G.C.G.A. § 1.3-I0-91 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 D.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of Contractor's and t0 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.] [MARK APPR0PRIATE CATEGORY] 500 or more employees. 100 or more employees. XX 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 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 Mature 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 IPPA of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Contractor and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -Contractor under a contract to the prime Contractor or higher tier sub - Contractor, or any person associated therewith, as an inducement for the award of a subcontract or order. 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 14, and the Parties shall follow the requirements ofO.C.G.A. § 50-18-72(a){34} related thereto. N. Reserved. 0. 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 snake 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. Reserved. 13 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 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. V. COVENANTS OF CITY A. Richt of Entry. City shall provide for right of entry for Contractor and all necessary equipment as required. for Contractor to complete the Work; provided that Contractor shall not unreasonably encumber the Project site(s) with materials or equipment. B. City's Representative. David Bergmaier 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 alcove. 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 tenninate this Agreement prior to completion of the Work, except in the event of City's failure to pay Contractor within thirty (30) calendar days of Contractor providing City with notice of a delinquent payment and an opportunity to cure. In the event of Contractor's breach or default under this Agreement, City may terminate this Agreement for cause. City shall give Contractor at least seven (7) calendar days' written notice of its intent to terminate the Agreement for cause and the reasons therefor. If Contractor fails to cure the breach or default within that seven (7) day period, or otherwise remedy the breach or default to the reasonable satisfaction of City, then City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge Contractor for the costs of curing the default against any sums due or which become due to Contractor under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to City for such default. C. Statutory Termination. In compliance with O.C. G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in Section I(D) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated 14 fiends 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 Annual 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. Re uirements 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 RiEhts 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 ll above) or other document signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties. C. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Contractor submits to the j urisdiction and venue of such. court. 15 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 RelatinL, 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: ( l) 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: Meer Electrical Contractors, Inc. 445 Tidwell Dr Alpharetta, GA 30004 G. Waiver of A reem en t. No failure by City to enforce any right or power granted 16 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. 1. No Third Party Rights, This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. J. Sovereign Imm unily • 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, hoards, 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, A reement Construction and Inter retation. 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, convicts 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 govem. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Words or 17 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, fare, 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 shat I 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] 18 CONTRACTOR: Meer trical Contractors, Inc. Signature: Print Name: Peter Meer Title: President/Vice President (Corporation) [CORPORATE SEAL] (required if corporation) AttestlWitness: Signature. Print Nam J Title: S (Assistant) Co rate 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 IL] [CITY SEAL] EXHIBIT "A" CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: RFP Title: 21-PW16 On -Cali Electrical Services Due Date and Time: June 30, 2021 at 2:00 pm EST Offeror Federal I.D. Number: "Pending updates relating to COVID-19 the City OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE may conduct the bid opening via a virtual meeting. Responding bidders will be emailed a Number of Pages: 48 meeting link should the need to hold this type meeting arise. ISSUING DEPARTMENT INFORMATION Issue Date: May 27, 2021 City of Milton Phone: 678-242-2500 Public Works Department Fax: 678-242-2499 2046 Heritage Walk Website: www.cjNofmiltonQa.us Milton, GA 30004 INSTRUCTIONS TO CONSULTANTS Electronic Submittal: **Bids must be Mark Face of Envelope/ Package: submitted electronically via Milfon's RFP Number: 21-PW16 BidNet procurement portal/platform Name of Company or Firm at www.cityofmilionga.us Special Instructions: If you have not registered aa vendor Deadline for Written Questionss via BidNet we encourage you to June 17, 2021 by 5:00 PM 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.cityofmiltonga.us are part of the Georgia Purchasing Group. 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 2006 Heritage Walk Milton, GA 30D04 P: 678.242.25001 F: 678.242.2499 info@cifycfmiifonga.us I www.cityofmiltanga.us 0000 TABLE OF CONTENTS Offeror's RFP Checklist Disclosure Form Proposal Letter Contractor Affidavit and Agreement (eVeri€y) 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 1 RFP 21 -PW 16 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, d. Take advantage of the "question and answer" period. Submit your quesfions to the procurement officer by the due date listed in the Schedule of Events and view fhe answers given in the formal "addenda" issued for the RFP, All addenda issued for an RFP are posted on fhe City's websife at hftP:ZZWww.c1tyofm1ltonga.U$ will include all questions asked and answered concerning the RFP. S. Follow the format required in the RFP when preparing your response. Provide paint -by - point responses to all sections in a clear and concise manner. b. 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 hftp://www.cftvofmiRonQa.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 E RFP21-PW)6 MILTON\*k ISTAB LI51 III,] 200 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This farm 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 Applicanf/Opponent to the named Milton Official. Amount/Value Description Please lisf any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: 5 j RFP 21 -PW 16 ES-:ABLI51 IED 20% RFP#21-PWI6 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 -PW 16) City of Milton Dn-Cali Electrical 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 wriften 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 Low and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq, have not been violated and will not be violated in any respect. Authorized Signature Print/Type Print/Type Company Name Here. Date 6 1 RFP 2} -PW 16 I f fS -AP II f!E'� 200c, 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 fhe contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91 (b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: I hereby declare under penalty of perjury eVerify Number that the foregoing is true and correct. Executed on 20 in (city), (state). Date of Authorization Signature of Authorized Officer or Agent Name of Contractor On -Call Electrical Services Printed Name and Title of Authorized Officer Name of Project or Agent City of Milton, Georgia SUBSCRIBED AND SWORN BEFORE ME ON Name of Public Employer THIS THE DAY OF 20_. NOTARY PIJBLfC [NOTARY SEAL] My Commission Expires: 7 1 RFP2]-PWI6 SCHEDULE OF EVENTS Task Date Issue RFP May 27, 2021 Deadline for Questions June 17, 2021 by 5:00 p.m. EST Answers Posted by the City On or about, June 23, 2021 (Addendum) Proposals Due By 2:00 p.m. EST on ,lune 30, 2021 Tentative Award Contract July 21, 2021 {proposed} On/About) NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. 8 1 RFi` :'i - FAN Ie SECTION is PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton (City) is seeking Proposals from highly qualified Offerors with the demonstrated professional competence and experience to provide for the services as specified in the Scope of Work (Section 3). The awarded contractor's main office address must be located within fifteen (151 road miles from the intersection of Thompson Road and Redd Road the apl2roximafe aeographical center of the City of Milton. The awarded contractor must also have a sufficient number of qualified personnel to handle all electrical services needed by the City according to the required response times. The City of Milton may 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 facilities and grounds is attached herein as examples only. The number may change without prior notice. The selection will be based on overall price, services, performance, reliability, and location of the proposers. It is the intent to award this RFP to "Full -Service Providers". 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 a Contractor is selected. Offerors are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes, Procurement Manager. Any unauthorized contact may disqualify the Offeror from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes, Procurement Manager Address: 2006 Heritage Walk, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@cityofmiltoncia.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 9 1 RFP Z I -I-'W I A discover upon examination of this RFP. B. Form of Questions. Offerors with questions or requiring clarification or interpretation of any section within this RFP must submit their questions via the solicitation link on BidNet Direct, the procurement portal on the City's website, on or before 5:00 PAIL (EST) on June 17, 2021. 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 June 23, 2021. 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 expianotion 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. Mandatary Requirements. To be eligible for consideration, an Offeror must meet the intent of all mandatory requirements. The City will determine whether an Offeror's RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 NON-DISCRIMINATION All qualified applicants will receive consideration without regard to age, handicap, religion, creed or belief, political affiliation, race, color, sex or national origin. 1.4 SUBMITTING PROPOSALS Offerors must organize their proposals into sections that follow the following format. A. Submittal Requirements Proposals shall include the following: 1. City of Milton request for proposal cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. City of Milton Proposal letter (information entered) 4. Technical Proposal: Each technical proposal shall be: a. No more than six (6) single sided pages. b. Cover page(s), table of contents, tabs and required forms do not count toward the page limit c. Minimum of 11 -point font Each technical proposal shall contain: a. Offeror Qualifications - Include project staffing, qualifications/certifications of the team, and what sets the team apart b. Work Plan - provide an anticipated project schedule, any anticipated challenges, and any innovative approaches c. Related Projects and References - Describe any similar projects with references and the degree of involvement of the team (References must contain contact info(mation) d. Pricing (See Section 5.0) 5. Applicable Addenda Acknowledgement Forms (if necessary) 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. 11 I RFP 21 -PW 16 C. Copies Required and Deadline for Receipt of Proposals. Proposals must be submitted electronically via Milton's BidNet procurement portal/plafform at www.cityofmilton4a.us . Proposals will be opened at approximately 2:30 p.m. and names of Firms will be announced. "Pending updates relating to CO V1D-19, the City may conduct the bid opening via a virtuai 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 procurement portal by the designated time. Late proposals will not be accepted. 1.5 OFFEROR'S CERTIFICATION A. Understandi[Ig of Specifications and Re uirements 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 Consultant for a 126 -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 Consultant 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. 12 1 RFP 2I -PW 16 8_ All Timely Submitted Materials Become City Property. All maferials 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 2.0 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 2.1 OFFEROR COMPETITION The City encourages free and open competition among Offerors. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective consistent with the necessity to satisfy the City's need to procure technically sound, cost-effective services and supplies. 2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of qualifications has passed, and the award has been made, with the following four exceptions: (t ) 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. 13 1 RFP 21 -PW 16 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. 2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Responsive or Nonres onsive. 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 wiii not be considered further. B. Determination of Responsibility. The procurement office will determine if an Offeror has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring Offeror or, if necessary, to seek discussion/negotiation in order to determine the highest scoring Offeror. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and ❑ 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 14 1 R I- P F 1- P'VV i, 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. OiDiportunity for Discussion Ne otiation and/or Oral Presentation Product Demonstration. After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more Offerors should clarification or negotiation be necessary. Offerors may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, Offerors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the Offeror's expense. F. Best and Final Offer The "Best and Final Offer" is an option available to the City under the RFP process which permits the City to request a "best and final offer" from one or more offerors if additional information is required to make a final decision. Offerors may be contacted asking that they submit their "best and final offer," which must include any and all discussed and/or negotiated changes. The City reserves the right to request a "best and final offer" for this RFP, if any, based on price/cost alone. G. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. H. Request for Documents Notice. Upon concurrence with the evaluation committee's recommendation for contract award, the procurement officer may issue a "Request for Documents Notice" to the highest scoring Offeror to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the "Request for Documents Notice" does not constitute a contract and no work may begin until a contract signed by all parties is in place. I. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible Offeror whose submittal achieves the highest score and is, therefore, the most advantageous to the City. if contract negotiation is unsuccessful 15 1 RFP 2I -PW 16 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 scaring Offeror who provides all required documents and successfully completes contract negotiation. 2.4 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: I . 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 ciarification, 6. Award ❑ 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. 16 1 RFP 21 -PW 16 SECTION 3: SCOPE OF SERVICES 3.0 CITY'S INTENT The purpose for this Request for Proposals is to solicit competitive proposals from qualified Contractors to provide on-call electrical services to the City of Milton. This includes all facilities, buildings, parking lots, grounds, and right of wayslroundabouts. The locations include, but are not limited to: Facility Address Milton Cit Hail 2006 Heritage Walk Byrd House Milton Senior Center 15690 Hopewell Rd Public Works Building 16050 Old Bullpen Rd Bell Memorial Park 15245 Beil Park Rd Bethwell Community Center 2695 Hopewell Rd Birmingham Park 750 Hickory Flat Rd Broadwell Pavilion 12615 Broadwell Rd Cox Road Athletic Complex 170 Cox Rd Former Milton Country Club 1785 Dinsmore Rd Freedom Park 13200 Deerfield Pkwy Friendship Park 12785 Birmingham Hwy Fire Station #41 12675 Arnold Mill Rd Fire Station #42 15240 Thompson Rd Fire Station #43 750 Hickory Flat Rd Fire Station 444 13690-A Hwy 9 North Police Headquarters & Court 13690-B Hwy 9 North ROW/Roundabouts 3.1 OBJECTIVE The selected Contractor shall provide all supervision, labor, fools, equipment, and services to perform electrical services as needed for the City of Milton. These services include, but are not limited to, replacing and installing light bulbs, contactors, connectors, wiring, fuses, breakers, ballasts, new circuits (including underground), fixtures, transformers, and photocells on city facilities, buildings, parking lots, athletic fields, right of way, etc. These services are to be performed on a task order basis. The City shall not assume any liability for vandalism or theft of any materials, tools, or equipment. 77 1 RFP 21 -PW 16 3.2 CONTRACTOR'S RESPONSIBILITIES The Contractor must demonstrate the flexibility of performing multiple assignments for emergency and non -emergency calls. The Contractor shall ensure their capacity to perform work under this contract regardless of obligations elsewhere. Ground surface protection (e.g. plywood) shall be utilized on all athletic/recreational fields or landscaped areas where heavy equipment is used in the performance of a task under this contract. Contractor shall be liable for damages to grounds or facilities. Contractor employees shall be attired in a company uniform with either a name tag or badge that displays their name. Background checks for all contractor employees may be required by the City and will be performed by the City through the City's Police Department. 3.3 SAFETY It is the responsibility of the Contractor to implement safeguards in compliance with OSHA standards to eliminate accidents, down time, and mistakes, while facilitating quality workmanship in adherence to all local, state, and federal laws as applicable. Also, the Contractor shall be responsible for the safety of employees and any unsafe acts or conditions that may cause injury or damage to any persons or property around the worksite, 3.4 LICENSES, PERMITS, AND FEES The Contractor shall pay for all licenses required for his project and will comply with all laws, ordinances, regulations, and building code requirements applicable to the work being performed. The elected contractor must have a certified master electrician with a Class 2 electrical contractor license on its staff during the term of this contract as well as at least one member with a low voltage contractor license. The Contractor shall obtain all permits for inspections, tests, and other services required for completion of the work. Fees will be waived for all permits issued by the City of Milton for work associated with this agreement. Inspections shall be scheduled by the Contractor. 18 1 P I P 1- P'A' 1 3.5 TIME REQUIREMENTS For routine projects or repairs, the Contractor shall commence to perform task within two (2) days of verbal or written task order notice. For emergency projects or repairs, the Contractor shall provide the City with a contact person's name and telephone number with voice mail paging or an answering service. Contractors using voice mail paging or an answering service shall be required to initiate a call back within 15-25 minutes and respond to the site within two (2) hours, preferably sooner. Emergency services shall be available 24 hours per day, 365 days per year. SECTION 4: OFFEROR PROPOSALS 4.0 CITY'S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the Professional to provide the supplies and/or perform the services specified. 4.1 OFFEROR INFORMATIONAL REQUIREMENTS Offerors interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. 19 1 RFP 2) -PW 16 SECTION 5: COST PROPOSAL ES1:�R1.1�.kiE:� 1'x;6 • MUST BE RETURNED WITH PROPOSAL IN A SEPARATE FILE + Cost Proposal (page 1 of 2) RFP 21-PW15 The offeror's cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5. The undersigned 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: Print/Type Company Name and Address: Authorized Signature Print/Type Name Print/Type Date *See Cost Proposal Sheet Below' 20 1 RFP 21 -PW 36 ♦ MUST BE RETURNED WITH PROPOSAL Cost Proposal (page 2 of 2) RFP 21-PW16 Proposed Rales - Electrical Services I Percentage Mark-up for Materials % 2 Percentage Mark-up for Rental Equipment 3 Service Call Cost - Per Project $ Normal Hour Labor Rates (Monday -Friday 8:OOam until S:OOpm) 1 Hourly Rate for Electrician $/hour 2 Hourly Rate for Helper/Assistant $/hour After Hour Labor Rales (Any other time than Monday -Friday 8:OOam until 5:00pm) 1 Hourly Rate for Electrician $/hour 2 Hourly Rate for Helper/Assistant $/hour Equipment Rates List contractor owned equipment associated with underground and overhead electrical work (i.e. directional boring machines, bucket trucks, scissor lifts, trencher, back hoe, scaffolding). Include details regarding size and ability such as working het ht of bucket truck. List houdy cost of a ui ment. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 21 j RFP 21 -PW ih 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 Public Safety Complex (Police Headquarters and Fire Station 44). 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% 22 1 RFP 21 -PW 16 SECTION 7: STANDARD CONTRACT INFORMATION 7.0 STANDARD CONTRACT The City's standard contract is attached tc 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 fatal 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 some 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 shatl create any contractual relationships between any subcontractor and the City. 7.3 GENERAL INSURANCE REQUIREMENTS See sample contract, 23 1 RFS' 21 -PW 1 G 7.4 COMPLIANCE WITH WORKERS' COMPENSATION ACT The Contractor is required to supply the City of Milton with proof of compliance with the Workers' Compensation Act while performing work for the City. Neither the Contractor nor its employees are employees of the City. The proof of insurance/exemption must be received by the City of Milton within ten ( 10) working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO OFFERORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 7.5 COMPLIANCE WITH LAWS The Contractor must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or sub -contracting by the Contractor subjects sub -contractors to the same provision. The Contractor agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 7.6 CONTRACT TERMINATION See sample contract. SAMPLE CONTRACT INTENTIONALLY OMITTED MITTON.1'r ESTABLjSiiIU 1001, ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 21-PW16 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, OA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor, motes@ci ofmilton a.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: PHONE: EMAIL ADDRESS: Signature ADDENDUM #1 STATE: ZIP: FAX: Date RFP 21 -PW 16 Addendum # 1 1 1 Page ADDENDUM #1 RFP 21-PW16 Questions and Answers This Addendum forms a part of the contract documents and modifies the original RFP documents as noted below: 1. We are 4 miles out of the 15 mile range requested in the documents. Does this disqualify us automatically or can we still submit? Don't want to waste anyone's time. Thank you for the opportunity - Contractors located further than fifteen (15) road miles from the intersection of Thompson Rood and Redd Road, the approximate geographical center of the city of Milton, are able to submit proposals and be considered as long as they are able to meet the response time requirements stated in Section 3.5. Location is included in the evaluation criteria and will be considered during the evaluation process. RFP 21 -PW 16 Addendum # 1 2 1 P a g e EXHIBIT "B" NA I I T( ESTiULIS1 [ED 2046 CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: RFP Title: 21-PW16 On -Call Electrical Services Due Date and Time: June 30, 2021 at 2:00 pm EST "Pending updates relating to COVID- 79 the City may conduct the bid opening vice a virtual Number of Pages: 48 meeting. Responding bidders will be emailed a meeting link should the need to hold this type jmeeting arise. ISSUING DEPARTMENT INFORMATION Issue Date: May 27, 2021 City of Milton Phone: 678-242-2500 Public Works Department Fax: 678-242-2499 2006 Heritage Walk Website: www.cityafmiltonga.us Milton, GA 30004 INSTRUCTIONS TO CONSULTANTS Electronic Submittal: **Bids must be submitted electronically via Milton's BidNet procurement portal/platform at www.cityofm_iltonga.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 Grou Mark Face of Envelope/Package: RFP Number: 21-PW16 Name of Company or Firm Special Instructions: Deadline for Written Questions .tune 17, 2021 by 5:40 PM Submit questions online via the BidNet Direct procurement portal at www.ci ofmiltan a.us riMPORTANT: SEE STANDARD TERMS AND CONDITIONS _ I 2006 Heritage Walk Milton, GA 30004 P: 678.242.25001 F. 678.242.2499 info('--dtyofrrtiltongQ.us I www.cityotmiltonga.us 0000 4 1 RFP 21 -PW 16 MTLTON;:11� ESTABLISH EMDD6 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 Meer Electrical Contractors, Inc., dba Meer Electric Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) None List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value nIa Description nla Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: n/a nla S 1 RFP 21--PWI6 ESTA$LbiIED A106 RFP# 21-PW16 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 -PW 1 b) City of Milton On -Call Electrical 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. sy our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and ail such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature_ Print/Type Name Peter F. Meer, Vice President Date Print/Type Company Name Here Meer Electrical Contractors, Inc., dba Meer Electric 6 1 RFP 21 -PW 16 — I .- k ESTABL15 11 E] 2006 CONTRACTOR AFFIDAVIT AND AGREEMENT MUST BE RETURNED WITH PROPOSAL STATE OF GEORGIA CITY OF MILTON 8y executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 1 o-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 authorizafion 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 (ln). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 107624 eVerify Number March 17.Z008--- Date 7 2048__Date of Authorization Meer Electrical Contractors Inc. Name of Contractor On -Call Electrical Services Name of Protect City of Milton Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ne . 29, 20211 in Alph.ar (city), GA (state). Signo lure of Authorized Of€icer or Agent Peter F_ Meer, _Vice President Printed Name and Title of Authorized Officer or Agent Z RIBE D SWORN EFO2E ME ON HE =AY OFGRP PUBL C [NOTARY SEAL] My Commission Expires: ❑i�na M EYar7 NOTARY PUBUC Fulton County. GEORGIA j" t;Drnmi,,sicTi Expires 02/27/2024 u Meer Electric City of Milton Request for Proposals On -Call Electrical Services RFP 21-PWI6 June 301 2021 GtV of Milton On -Call Electrical Services RFP 21-PW16 Meer Electric Technical (Design) Team Any of the key personnel that will be involved with any aspect of this Contract have A to 35 years of experience in providing electrical services. All employees are required to attend weekly staff meetings that include continuing education in any Electrical Code changes and ongoing safety education. Many Meer Electric employees came to our Company with little or no electrical experience. If so, the employee starts as a Helper, learning the trade either through the Independent Electrical Contractors Association Apprenticeship Program which includes 8,000 hours of on-the-job training or through working with one of the experienced Technicians who train them as they work every day. In this way, employees learn the Meer Electric attention to detail, importance of exceptional customer service, compliance with the National Electrical Code, and safety as a top priority. our Technicians are promoted through this program. Some employees are further trained in the use and maintenance of different pieces of equipment or specialized tools. This allows us to have more specialized talents within our Company. Every Meer Electric employee has undergone a background check, drug testing and is required to wear a Meer Electric uniform. Many of our Supervisors, Technicians and Helpers have been with Meer Electric for over 5 years with some who have helped us build our business for over 20 years. Meer Electric's goal is to provide the highest quality service with complete customer satisfaction, and we have spent 37 years doing just that. Citv of Milton On -Call Electrical Services RFP 21-PWI6 Meer Electric Technical (Design) Team Employee Name Yrs of Yrs of Service Lice nses/Certifications Electrical with F Experience Meer Electric Peter Meer 35 35 Unrestricted Electrical License Federal Signal Corp Qualified Associate Richard McClure 20 20 Unrestricted Electrical License Federal Signal Corp Qualified Associate Robert Snodgrass S _ 7.5 Graduate I.E.C. Apprenticeship Program On -The -Job Training at Meer Electric Alfredo Oliveros 6 6 Graduate I.E.C. Apprenticeship Progra m _ on -The -Job Training at Meer Electric Jason Robertson 15 4.5 Graduate I.E.C. Apprenticeship Progra m On -The -Job Training at Meer Electric Sahand Shakeri 8 8 On -The -Job Training at Meer Electric Federal Signal Corp Qualified Associate Julio Corro Garcia 5 5 I.E.C. 4th Year Apprentice with On -The -Job Training at Meer Electric I.E.C. 4th Year Apprentice with Edgar Vasquez 4 4 �.�___I I I On -The Job Training at Meer Electric City of Milton On -Call Electrical Services RFP 21-PW16 Meer Electric Work Plan We at Meer Electric appreciate the opportunity to submit a proposal for the On -Call Electrical Services for the City of Milton. Meer Electric was established by Rick and Judy Meer in March of 1984 and we have been providing superior electrical services to commercial, municipal and residential customers for 37 years in the North Metro area. Our son, Peter, who is Vice President and Chief Operations Officer, has helped us build our business and our reputation as one of the most dependable, efficient, trust worthy and value oriented: contractors in the Atlanta area. We are proud of the relationships we have built with our customers as the electrical contractor they can trust to handle all their electrical needs. We offer a wide variety of services including, but not limited to, troubleshooting electrical prohlems, replacing light bulbs, contactors, connectors, wiring, fuses, breakers; installing new circuits (including underground); fixtures, transformers and photo cells on City facilities, buildings, parking lots, ball fields, right of way, etc. In addition to 12 service trucks, we have 45' and 60' bucket trucks, plus a 65' derrick truck (crane), an underground boring rig, underground locating equipment, an infrared thermographic camera, and tractors with backhoes that allow us to handle almost any maintenance, installation or repair. These and other specialty tools allow us to tackle almost anything that needs to be done in the most expedient and thorough manner. Meer Electric is experienced in many different services. For many years, we have provided power for Special Events in the Cities of Alpharetta and Roswell. We have a Special Events Unit with 26 temporary panels and 4 miles of cable to reach vendors needing power. We have utilities vehicles used to lay down ballfield plywood protection when using our bucket truck to maintain field lighting. We also understand the importance of quick response time and getting the job done right when the City of Milton has an electrical problem or need that is interrupting their operations. Someone at Meer Electric can be reached or will call back within 15 -25 minutes, 24 hours per day, 365 days per year for emergency service with response to the site within two hours. For routine projects or repairs, Meer Electric will be able to City of Milton On -Call Electrical Services RFP 21-PW16 Meer Electric Work Plan Pie ? provide service within two days of verbal or written task order notice. When our truck arrives, there will be a Technician and a Helper with a fully stocked service truck and the tools and equipment needed to complete whatever services are required. Over the years, we have provided the City of Milton with duality service for electrical instaffations, maintenance, and repairs at City facilities. We look forward to continuing to provide that dependable service to the City of Milton through the contract being offered by the City. We appreciate the opportunity to present our proposal for that contract. Sincerely, MEER ELECTRIC Judy Meer, Owner Meer Electric City of Milton On -Call Electrical Services RFP 21-PW16 References Roswell Recreation and Parks — Rusty Pruitt 770-641-3705 rpruitt , roswellgov.cam 6/21/21 Roswell Area Park, 10495 Woodstock Road Bore in 3" and V pipe under road at Park entrance — used Boring machine 5/21/21 Roswell Cultural Arts Center, 950 Forrest Street Checked lights not working Replaced bulbs as needed on bridge 5/18-6/2/21 Roswell Area Park, 10495 Woodstock Road Replace 7 existing 60' wood poles with new concrete poles Two 2 -man teams to accomplish project — Used Crane Roswell Fire Department — Jeff Johansen 404-569-1613 &oohansen rvsweli ay.eam 3/27/20 Weather Siren #6 — Sweetapple Park, Crabapple Road Rewire top of Tornado Siren — tested for proper operation — used Bucket Truck 3/26/20 RFD Station #5 —1204 Hembree Road Replace existing generator with 80 kw 3 phase NG generator Install new 600 amp 3 phase transfer switch Two 2 -man teams to accomplish project — used Crane Alpharetta Parks — Ruby Flynn 678-297-6123 rflynn@al haretta.ga.us 5/19/21 Preston Ridge Community Center— 3655 Preston Ridge Road Add 7 outlets Install switch for lights Install outlet for coffee maker 3/32/21 Wills Park Tennis Courts — Wills Road Troubleshoot pole lights not working — found squirrel damage Rewired pole light Replaced (3) 1000 watt metal halide ballasts— used Bucket Truck Replaced bad contactor Meer Electric - RFP 21-PW16 References— Page 2 City of Alpharetta/Special Events — Becca Raymond 678-297-6000 braymondOalpharetta�a.us 5/27/21 Alpharetta City Hall Put up and take down flags at City Hall for Memorial Day Celebration Two 2 -man teams to accomplish project - used Bucket Truck 12/18/20 City of Alpharetta — City Green Install Snow Machine for 2020 Christmas Celebration Two 2 -man teams to accomplish project 6/29/20 City of Alpharetta — Green Spaces in front of City Hall installed (2) Quad outlets in service meter panels City of Milton Rec and Parks—Tom McKlveen 678-242-2519 tom.mckiv_een cityofmilton.AA.us 1/27/21 UFA Milton — 170 Cox Road, Rosweli Replaced (1) mechanical tinter with W I F I connected switch Replaced (2) light fixtures Replaced women's bathroom switch Replaced flood light arm 4/14-4/27/20 UFA Milton, 170 Cox Road, Roswell Remove and replaced (36) fixtures Repackage fixtures for shipment Used Bucket Truck Four 2 -man teams to accomplish project 5/29/20 City of Milton City Hall — 2006 Heritage Walk Add (2) 120V 30A feeds with twist lock receptacle in IT room 19 f AFP 21 -PW 16 SECTION 5: COST PROPOSAL L t L Ilk EST,QLIS HED 2006 ♦ MUST BE RETURNED WITH PROPOSAL IN A SEPARATE FILE + Cost Proposal (page I of 2) RFP 21-PW16 The offeror's cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5. The undersigned 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 turnished by Offeror: Print/Type Company Name and Address: Meer Electrical Contractors, Inc., dba Meer Electric 405 Tidwell Drive, Alpharetta, GA 30004 Authorized Signature Date—(,//z y Print/Type Name Peter F. Meer Print/Type Title Vice President *See Cost Proposal Sheen Below* 20 1 RFP 21 -PW 16 ♦ MUST BE RETURNED WITH PROPOSAL Cost Proposal (page 2 of 2) RFP 21-PWI6 Proposed Rates - Electrical Services 1 Percentage Mark-up for Materials 75% 2 Percentage Mark-up for Rental Equipment 20% 3 Service Call Cost- Per Project $ 85.00 Normal Hour Labor Rates (Monday -Friday 8:00om until 5:00pm) I Hourly Rate for Elecfrician $/hour 120.00 2 Hourly Rate for Helper/Assistant $/hour included in rate After Hoerr Labor Rates (Any other time than Monday -Friday 8:013artn until 5:00prn) 1 Hourly Rate for Electrician $/hour 120.00 2 Hourly Rate for Helper/Assistant $/hour included in rate Equipment Rates List contractor owned equipment associated with underground and overhead electrical work [i.e. directional boring machines, bucket trucks, scissor lifts, trencher, back hoe, scaffolding). Include details regarding size and ability_such as working height of bucket truck. List hourly cost of e2ument. I Ail bucket trucks $200.00 per day 2 Directional drill able to bore 300 ft. and pull back up to 24' pipe $500.00 per day 3 Backhoe #1 able to dig up to 6' deep $100.00 per day $100.00 per day 4 Backhoe #2 able to dig up to 14' deep 5 Trencher able to dig to 4 ft deep and 6" wide $100-00 per day 6 Scissor lift able to reach to 26' $100.00 per day 7 24 - 5 ft sections of scaffolding $ 15.00 per day 8 Horizontal ground piercing tool up to 50 ft and 2.5 diameter $175.00 per day 9 2 _ Side by side utility vehicles {used for ballfield plywood protecbc n $ 50.00 per day 10 Special event unit with 26 temp panels and 4 miles of cable depends on event 11 Underground locating equipment $ 50.00 per day 12 Underground fault finder $ 25.00 per day 13 Infrared imaging camera $150.00 per day 14 ---- --- 07/09/2021 PointeNorth Insurance Group, LLC PO Box 724728 Atlanta GA 31139 Brenda Durham (770) 858-7540 (770) 858-7545 bdurham@pointenorthins.com Meer Electrical Contractors Inc, DBA: Meer Properties LLC 405 Tidwell Drive Alpharetta GA 30004 Cincinnati Insurance Company 10677 Insurance Company of the West CL2112501903 A Contractual Liability Included Crime/Fidelity Limit - 50,000 Y Y EPP 0058858 02/01/2021 02/01/2022 1,000,000 500,000 10,000 1,000,000 2,000,000 2,000,000 Employee Benefits Liab 1,000,000 A EPP 0058858 02/01/2021 02/01/2022 500,000 Uninsured motorist combined single limit 500,000 A 0 EPP 0058858 02/01/2021 02/01/2022 3,000,000 3,000,000 B N Y WGA5035900 04 02/01/2021 02/01/2022 500,000 500,000 500,000 A Contractors Equipment Installation Floater EPP 0058858 02/01/2021 02/01/2022 Leased & Rented Equp 200,000 Deductible 500 Installtion -Dedt 1,000 200,000 Project: City of Milton, On-Call Electrical Services City of Milton 2006 Heritage Walk Milton GA 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 27847 Meer Electrical Contractors Inc, DBA: Meer Properties LLC 00003791 PointeNorth Insurance Group, LLC 25 Certificate of Liability Insurance: Notes The following policy forms provide Blanket Coverages : GA 233 02/07 - Contractors Commercial General Liability Broadened Endorsement *Automatic Additional Insured -When required in written contract *Waiver of Subrogation *Coverage is Primary *Coverage Conforms to the CG2010 & CG2037 if a written contract requires it AA 4004 03/06- Additional Insured-Designated person or organization [will need to be requested from carrier] WC 99 06 27 - Workers Compesation Waiver of Subrogation 30Day Notice of cancellation [will need to be requested from carrier] ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement - Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage.......................................................................................3 2. Unintentional Failure To Disclose Hazards.............................................................................9 3. Damage To Premises Rented To You. ................................................ ....................................9 4. Supplementary Payments......................................................................................................10 5. Medical Payments...................................................................................... .......10 6. 180 Day Coverage For Newly Formed Or Acquired Organizations...................................10 7. Waiver Of Subrogation...........................................................................................................11 8. Automatic Additional Insured - Specified Relationships: .................................................. 11 • Managers Or Lessors Of Premises; • Lessor Of Leased Equipment; • Vendors; • State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises; and • Mortgagee, Assignee Or Receiver 9. Property Damage To Borrowed Equipment.........................................................................14 10. Employees As Insureds - Specified Health Care Services And Good Samaritan Services....................................................................................... ....._ 15 11. Broadened Notice Of Occurrence.........................................................................................15 12. Nonowned Aircraft.............................................................................. -------.......... ____ 15 13. Bodily Injury Redefined..........................................................................................................15 14. Expected Or Intended Injury Redefined...............................................................................15 15. Former Employees As Insureds............................................................................................15 16. Voluntary Property Damage Coverage And Care, Custody Or Control Liability Coverage..................................................................................................................................16 17. Broadened Contractual Liability -Work Within 50' Of Railroad Property .........................17 18. Alienated Premises.................................................................................................................17 B. Limits Of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $1,000,000 Aggregate Limit: $3,000,000 Deductible Amount: $ 1,000 3. Damage To Premises Rented To You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail Bonds: $2,500 Includes copyrighted material of Insurance GA 233 0917 Services Office, Inc., with its permission. Page 1 of 17 b. Loss Of Earnings: $ 500 5. Medical Payments Medical Expense Limit: $ 10,000 9. Property Damage To Borrowed Equipment Each Occurrence Limit: $10,000 DeductitAe Amount: $ 250 16. Voluntary Property Damage Coverage (Coverage a.) And Care, Custody Or Control Liability Coverage (Coverage b.) Limits Of Insurance Coverage a. $1,000 Each Occurrence $5,000 Aggregate Coverage b. $5,000 Each Occurrence unless otherwise stated $ Deductible Amount (Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area (For Limits in Excess of {For Limits in Excess of (b) Payroll $5,000) $5,000) (c) Gross Sales (d) Units e Other b. Care, Custody Or $ Control TOTAL ANNUAL PREMIUM Includes copyrighted material of Insurance GA 233 0917 Services Office, Inc., with its permission. Page 2 of 17 C. Coverages this endorsement pro- vided: 1. Employee Benefit Liability Coverage a) You did not have a. The followingis added to Section I - knowledge of a Coverages: claim or "suit" on or Employee Benefit Liability Cover- before the "first ef- age fective date" of this endorsement. (1) Insuring Agreement You will be (a) We will pay those sums that deemed to have the insured becomes legally knowledge of a obligated to pay as damag- claim or "suit" es caused by any act, error when any "author- or omission of the insured, ized representa- or of any other person for tive"; whose acts the insured is legally liable, to which this 1) Reports all, or insurance applies. We will any part, of the have the right and duty to act, error or defend the insured against omission to us any "suit' seeking those or any other damages. However, we will insurer; have no duty to defend Il) a against any "suit' seeking written or ver- damages to which this in- bal demand or surance does not apply. We claim for dam- may, at our discretion, in- ages because vestigate any report of an of the act, Br- act, error or omission and ror or omis- settle any claim or "suit' that sion; and may result. But: b) There is no other 1) The amount we will pay applicable insur- for damages is limited ante as described in Section III - Limits Of Insur- (2) Exclusions ante; and This insurance does not apply to: 2) Our right and duty to defend ends when we (a) Bodily Injury, Property have used up the appli- Damage Or Personal And cable limit of insurance Advertising Injury in the payment of judg- 'Bodily injury", 'property ments or settlements. damage" or "personal and No other obligation or liabil- advertising injury". ity to pay sums or perform (b) Dishonest, Fraudulent, acts or services is covered Criminal Or Malicious Act unless explicitly provided for under Supplementary Damages arising out of any Payments. intentional, dishonest, fraudulent, criminal or mali- (b) This insurance applies to oious act, error or omission, damages only if the act, er- d committed by any insured, ror or omission, is negligent- including the willful or reck- ly committed in the "admin- less violation of any statute. istration" of your "employee benefit program"; and (c) Failure To Perform A Con- tract t) Occurs during the policy period; or Damages arising out of fail- ure of performance of con- 2) Occurred prior to the tract by any insurer. "first effective date" of Includes copyrighted material of Insurance GA 233 0917 Services Office, Inc., with its permission. Page 3 of 17 GA 233 0917 (d) Insufficiency Of Funds (i) Taxes, Fines Or Penalties Damages arising out of an Taxes, fines or penalties, in - insufficiency of funds to cluding those imposed un - meet any obligations under der the Internal Revenue any plan included in the Code or any similar state or "employee benefit program". local law. (e) Inadequacy Of Perfor- (j) Employment -Related Prac- mance Of Invest- tices ment/Advice Given With Respect To Participation Any liability arising out of any: Any claim based upon: (1) Refusal to employ; 1) Failure of any invest- ment to perform; (2} Termination of employ- ment; 2) Errors in providing in- formation on past per- (3) Coercion, demotion, formance of investment evaluation, reassign - vehicles; or ment, discipline, defa- mation, harassment, 3) Advice given to any humiliation, discrimina- person with respect to tion or other employ - that person's decision to ment - related practices, participate or not to par- acts or omissions; or ticipate in any plan in- cluded in the "employee (4) Consequential liability benefit program". as a result of (1), (2) or (3) above. (f) Workers' Compensation And Similar Laws This exclusion applies whether the insured may be Any claim arising out of your held liable as an employer failure to comply with the or in any other capacity and mandatory provisions of any to any obligation to share workers' compensation, un- damages with or repay employment compensation someone else who must pay insurance, social security or damages because of the in - disability benefits law or any jury. similar law. (3) Supplementary Payments (g) ERISA Section l - Coverages, Sup - Damages for which any in- plementary Payments - Cover- sured is liable because of li- ages A And B also apply to this ability imposed on a fiduci- Coverage. ary by the Employee Re- tirement Income Security b. Who Is An Insured Act of 1974, as now or As respects Employee Benefit Lla- hereafter amended, or by bility Coverage, Section II - Who Is any similar federal, state or An Insured is replaced by the follow - local laws. ing: (h) Available Benefits (1) If you are designated in the Dec - Any claim for benefits to the larations as: extent that such benefits are (a) An individual, you and your available, with reasonable spouse are insureds, but on - effort and cooperation of the ly with respect to the con - insured, from the applicable duct of a business of which funds accrued or other col- you are the sole owner. lectible insurance. (b) A partnership or joint ven- ture, you are an insured. Your members, your part - Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 17 ners, and their spouses are zation. However, coverage under also insureds but only with this provision: respect to the conduct of your business. (a) Is afforded only until the 180th day after you acquire (c) A limited liability company, or form the organization or you are an insured. Your the end of the policy period, members are also insureds, whichever is earlier; and but only with respect to the conduct of your business. (b) Does not apply to any act, Your managers are in- error or omission that was sureds, but only with respect committed before you ac - to their duties as your man- quired or formed the organi- agers. zation. (d) An organization other than a c. Limits Of Insurance partnership, joint venture or As respects Employee Benefit Lia - limited liability company, you bility Coverage, Section III - Limits are an insured. Your "execu- Of Insurance is replaced by the fol- tive officers" and directors lowing: are insureds, but only with respect to their duties as (1) The Limits of Insurance shown in your officers or directors. Section B. Limits Of Insurance, Your stockholders are also 1. Employee Benefit Liability insureds, but only with re- Coverage and the rules below fix spect to their liability as the most we will pay regardless stockholders. of the number of: (e) A trust, you are an insured. (a) Insureds; Your trustees are also in- sureds, but only with respect (b) Claims made or "suits" to their duties as trustees. brought; (2) Each of the following is also an (c) Persons or organizations insured: making claims or bringing "suits"; (a) Each of your "employees" who is or was authorized to (d) Acts, errors or omissions; or administer your "employee (e) Benefits included in your benefit program"; "employee benefit program". (b) Any persons, organizations (2) The Aggregate Limit shown in or "employees" having prop- Section B. Limits Of Insurance, er temporary authorization 1. Employee Benefit Liability to administer your "employ- Coverage of this endorsement is ee benefit program" if you the most we will pay for all dam - die, but only until your legal ages because of acts, errors or representative is appointed; omissions negligently committed or in the "administration" of your (c) Your legal representative if "employee benefit program". you die, but only with re- (3) Subject to the limit described in spect to duties as such. That (2) above, the Each Employee representative will have all Limit shown in Section B. Limits your rights and duties under Of Insurance, 1. Employee this Coverage Part. Benefit Liability Coverage of (3) Any organization you newly ac- this endorsement is the most we quire or form, other than a part- will pay for all damages sus- nership, joint venture or limited tained by any one "employee", liability company, and over which including damages sustained by you maintain ownership or major- such "employee's" dependents ity interest, will qualify as a and beneficiaries, as a result of: Named Insured if no other similar (a) An act, error or omission; or insurance applies to that organi- Includes copyrighted material of Insurance GA 233 0917 Services Office, Inc., with its permission. Page 5 of 17 (b) A series of related acts, er- tification of the action taken, rors or omissions, regard- you shall promptly reim- less of the amount of time burse us for such part of the that lapses between such Deductible Amount as we acts, errors or omissions; have paid. negligently committed in the d. Additional Conditions "administration" of your "employ- ee benefit program". As respects Employee Benefit Lia- bility Coverage, Section IV - Com - However, the amount paid under mercial General Liability Condi- this endorsement shall not ex- tions is amended as follows: ceed, and will be subject to the limits and restrictions that apply (1) Item 2. Duties In The Event Of to the payment of benefits in any Occurrence, Offense, Claim Or plan included in the "employee Suit is replaced by the following: benefit program." 2. Duties In The Event Of An (4) Deductible Amount Act, Error Or Omission, Or Claim Or Suit (a) Our obligation to pay dam- ages on behalf of the in- a. You must see to it that sured applies only to the we are notified as soon amount of damages in ex- as practicable of an act, cess of the Deductible error or omission which Amount stated in the Decla- may result in a daim. rations as applicable to To the extent possible, Each Employee. The limits notice should include: of insurance shall not be re- (1) What the act, error duced by the amount of this or omission was deductible. and when it oc- (b) The Deductible Amount curred; and stated in the Declarations (2) The names and applies to all damages sus- addresses of any- tained by any one "employ- one who may suf- ee", including such "employ- fer damages as a eeV' dependents and bene- result of the act, fidaries, because of all acts, error or omission. errors or omissions to which this insurance applies. b. If a claim is made or "suit" is brought against C The terms of this insurance, O any insured, you must: including those with respect to: (1) Immediately record the specifics of the 1) Our right and duty to claim or "suit" and defend the insured d the date received; against any "suits" and seeking those damag- es; and (2) Notify us as soon as practicable. 2) Your duties, and the du- ties of any other in- You must see to it that volved insured, in the we receive written no - event of an act, error or tice of the claim or "suit" omission, or claim; as soon as practicable. apply irrespective of the ap- C. You and any other in - plication of the Deductible volved insured must: Amount. (1) Immediately send (d) We may pay any part or all us copies of any of the Deductible Amount to demands, notices, effect settlement of any summonses or le - claim or "suit" and, upon no- gal papers re - Includes copyrighted material of Insurance GA 233 0917 Services Office, Inc., with its permission. Page 6 of 17 ceived in connec- tion by equal shares, tion with the claim we will follow this meth - or "suit"; od also. Under this ap- ap- under this Coverage Part, proach each insurer t Authorize us to ob- O contributes equal tain records and amounts until it has other information; paid its applicable limit (3) Cooperate with us of insurance or none of in the investigation the loss remains, or settlement of the whichever comes first. claim or defense If any of the other in - against the "suit"; surance does not permit and contribution by equal (4) Assist us, upon our shares, we will contrib- request, in the en- ute by limits. Under this forcement of any method, each insurer's right against any share is based on the person or organi- ratio of its applicable zation which may limit of insurance to the be liable to the in- total applicable limits of sured because of insurance of all insur- an act, error or ers. omission to which c. No Coverage this insurance may terminating any "em- also apply. This insurance shall not cover any loss for which d. No insured will, except the insured is entitled to at that insured's own recovery under any cost, voluntarily make a other insurance in force payment, assume any previous to the effective obligation, or incur any date of this Coverage expense without our Part. consent. e. Additional Definitions (2) Item 5. Other Insurance is re- placed by the following: As respects Employee Benefit Lia- bility Coverage, Section V - Defini- tions is amended as follows: If other valid and collectible (1) The following definitions are insurance is available to the added: insured for a loss we cover under this Coverage Part, 1. "Administration" means: our obligations are limited as follows: a. Providing information to "employees", including a. Primary Insurance their dependents and beneficiaries, with re - This insurance is prima- sto eligibility for or ry except when c. below scope e of "employee applies. If this insurance is primary, our obliga- tions are not affected b. Interpreting the "em - unless any of the other ployee benefit pro - insurance is also prima- grams"; ry. Then, we will share with all that other insur- c. Handling records in anoe by the method de- connection with the scribed in b. below. "employee benefit pro- grams"; or b. Method Of Sharing d. Effecting, continuing or If all of the other insur- terminating any "em- anoe permits contribu- ployee's" participation in Includes copyrighted material of Insurance GA 233 0917 Services Office, Inc., with its permission. Page 7 of 17 any benefit included in c. Unemployment insur- the "employee benefit ance, social security program". benefits, workers' com- pensation and disability However, "administration" benefits; and does not include: d. Vacation plans, includ- a. Handling payroll deduc- ing buy and sell pro- tions; or grams; leave of ab- b. The failure to effect or sense programs, includ- maintain any insurance ing military, maternity, or adequate limits of family, and civil leave; coverage of insurance, tuition assistance plans; including but not limited transportation and to unemployment insur- health club subsidies. ance, social security 4, "F=irst effective date" means benefits, workers' com- the date upon which cover- pensation and disability age was first effected in a benefits. series of uninterrupted re- 2. "Cafeteria plans" means newals of insurance cover- plans authorized by applica- age. ble law to allow "employees" (2) The following definitions are de- to elect to pay for certain leted in their entirety and re- benefits with pre-tax dollars. placed by the following: 3. "Employee benefit pro- S. "Employee" means a person grams" means a program actively employed, formerly providing some of all of the employed, on leave of ab- following benefits to "em- sense or disabled, or retired. ployees", whether provided "Employee" includes a through a "cafeteria plan" or "leased worker". "Employee" otherwise: does not include a "tempo- a. Group life insurance; rary worker". group accident or health 21. "Suit" means a civil proceed- insurance; dental, vision ing in which money damag- and hearing plans; and es because of an act, error flexible spending ac- or omission to which this in- counts; provided that no surance applies are alleged. one other than an "em- "Suit" includes: ployee" may subscribe to such benefits and a. An arbitration proceed- such benefits are made ing in which such dam- generally available to ages are claimed and to those "employees" who which the insured must satisfy the plan's eligibil- submit or does submit ity requirements; with our consent; b. Profit sharing plans, b. Any other alternative employee savings dispute resolution pro- plans, employee stock seeding in which such ownership plans, pen- damages are claimed sion plans and stock and to which the in- subscription plans, pro- sured submits with our vided that no one other consent; or than an "employee" may subscribe to such c. An appeal of a civil pro- benefits and such bene- seeding. fits are made generally available to all "employ- ees" who are eligible under the plan for such benefits; Includes copyrighted material of Insurance GA 233 0917 Services Office, Inc., with its permission. Page 8 of 17 2. Unintentional Failure To Disclose Haz- 2) Rust or other cor- ards rosion, decay, de - hidden Section IV - Commercial General Liabil- or laation, latent defect it Conditions, 7. Representations is Y p n any quality in a amended by the addition of the following: property that caus- Based on our dependence upon your rep- es it to damage or resentations as to existing hazards, if un- destroy itself; intentionally you should fail to disclose all 3) Smog; such hazards at the inception date of your policy, we will not reject coverage under 4) Mechanical break - this Coverage Part based solely on such down, including failure. rupture or bursting caused centrif- a To Premises Rented To You 3. Damage ugal force; e; a. The last Paragraph of 2. Exclusions 5) Settling, cracking, under Section I - Coverage e A - Bod- shrinking or ex- ily Injury And Property Damage Li- pansion; ability is replaced by the following: 6) Nesting or Exclusions c. through q. do not apply tion, char e discharge to "property damage" by fire, explo- or release of waste a sion, lightning,smoke or soot to products or secre- premises while rented to you or tem- tions, by insects, porarily occupied by you with permis- birds, rodents or sion of the owner, for which the other animals; or amount we will pay is limited to the Damage To Premises Rented To 7) Presence, growth, You Limit as described in Section III proliferation, - Limits Of Insurance. spread or any ac - fungus, in - b. The insurance provided under Sec- cludi g mold or tion I - Coverage A - Bodily Injury g Y 1 rY mildew, mildew, and any And Property Damage Liability ap- mycotoxins, plies to "property damage" arising out spores, scents or of water damage to premises that are byproducts pro- both rented to and occupied by you. duced or released (1) As respects Water Damage Le- byfungi. gal Liability, as provided in Para- (b) "Property damage" caused graph 3.b. above: directly or indirectly by any The exclusions under Section I - of the following: Coverage A- Bodily Injury And (i) Earthquake, volcanic Property Damage Liability, 2. eruption, landslide or Exclusions, other than i. War any other earth move - and the Nuclear Energy Liabil- ment; ity Exclusion (Broad Form), are deleted and the following are (IQ Water that backs up or added: overflows or is other - wise discharged from a This insurance does not apply to: sewer, drain, sump, (a) "Property damage": sump pump or related equipment; (i) Assumed in any con- tract or agreement; or (ii) Water under the ground surface pressing on, or (ii) Caused by or resulting flowing or seeping from any of the follow- through: ing: 1) Foundations, walls, 1) Wear and tear; floors or paved surfaces; Includes copyrighted material of Insurance GA 233 0917 Services Office, Inc., with its permission. Page 9 of 17 2) Basements, whether paved or not; or 3) Doors, windows or other openings. (c) "Property damage" caused by or resulting from water that leaks or flows from plumbing, heating, air condi- tioning, fire protection sys- tems, or other equipment, caused by or resulting from freezing, unless: (1) You did your best to maintain heat in the building or structure; or (i1) You drained the equip- ment and shut off the water supply if the heat was not maintained. (d) "Property damage" to: (I) Plumbing, heating, air conditioning, fire protec- tion systems, or other equipment or applianc- es; or (I) The interior of any building or structure, or to personal property in the building or structure, caused by or resulting from rain, snow, sleet or ice, whether driven by wind or not. c. Limit Of Insurance With respect to the insurance afford- ed in Paragraphs 3.a. and 3.b. above, the Damage To Premises Rented To You Limit as shown in the Decla- rations is amended as follows: (1) Paragraph 6. of Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A - Bodily Injury And Property Dam- age Liability for damages because of "property dam- age" to any one premises: a. While rented to you, or temporarily occupied by you with permission of the owner; b. In the case of damage by fire, explosion, light- ning, smoke or soot, while rented to you; or c. In the case of damage by water, while rented to and occupied by you. (2) The most we will pay is limited as described in Section B. Limits Of Insurance, 3. Damage To Premises Rented To You of this endorsement. 4. Supplementary Payments Under Section I - Supplementary Pay- ments - Coverages A And B. a. Paragraph 2. is replaced by the fol- lowing: Up to the limit shown in Section B. Limits Of Insurance, 4.a. Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Iryury Liability Coverage ap- plies. We do not have to furnish these bonds. b. Paragraph 4. is replaced by the fol- lowing: All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit', including actual loss of earnings up to the limit shown in Sec- tion B. Limits Of Insurance, 4.b. Loss Of Earnings of this endorsement per day because of time off from work. S. Medical Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits Of Insurance, 5. Medical Pay- ments of this endorsement. 6. 180 Day Coverage For Newly Formed Or Acquired Organizations Section II - Who Is An Insured is amended as follows: Subparagraph a. of Paragraph 3. is re- placed by the following: a. Insurance under this provision is af- forded only until the 180th day after Includes copyrighted material of Insurance GA 233 0917 Services Office, Inc., with its permission. Page 10 of 17 you acquire or form the organization use of that part of the prem - or the end of the policy period, ises leased to you, subject whichever is earlier; to the following additional exclusions: 7. Waiver Of Subrogation This insurance does not ap- Section IV - Commercial General Liabil- ply to: ity Conditions, 9. Transfer Of Rights Of Recovery Against Others To Us is (i) Any "occurrence" which amended by the addition of the following: takes place after you cease to be a tenant in We waive any right of recovery we may that premises; have against any person or organization against whom you have agreed to waive (IQ Structural alterations, such right of recovery in a written contract new construction or or agreement because of payments we demolition operations make for injury or damage arising out of performed by or on be - your ongoing operations or "your work" half of such additional done under a written contract or agree- insured. ment with that person or organization and included in the "products -completed aper- (b) Lessor Of Leased Equip- ations hazard". However, our rights may ment only be waived prior to the "occurrence" Any person or organization giving rise to the injury or damage for from whom you lease which we make payment under this Cov- equipment when you and erage Part. The insured must do nothing such person(s) or organiza- after a loss to impair our rights. At our re- tion(s) have agreed per Par - quest, the insured will bring "suit' or trans- agraph 8.a.(1) of this en- fer those rights to us and help us enforce dorsement to provide insur- those rights. ance. Such person(s) or or- t. Automatic Additional Insured - Speci- ganization(s) are insureds fied Relationships only with respect to liability for "bodily injury", "property a. The following is added to Section II - damage" or "personal and Who Is An Insured: advertising injury" caused, in (1) Any person(s) or organization(s) whole or in part, by your maintenance, operation or described in Paragraph 8.a.(2) of use of equipment leased to this endorsement (hereinafter re- you by such person(s) or or- ferred to as additional insured) ganization(s). A person's or whom you are required to add as organization's status as an an additional insured under this additional insured under this Coverage Part by reason of a endorsement ends when written contract, written agree- their contract or agreement ment, written permit or written with you for such leased authorization. equipment ends. However, (2) Only the following persons or or- this insurance does not ap- ganizations are additional in- ply to any "occurrence" sureds under this endorsement, which takes place after the and insurance coverage provided equipment lease expires. to such additional insureds is lim- (c) Vendors ited as provided herein: Any person or organization (a) Managers Or Lessors Of (referred to below as ven- Premises dor) with whom you have The manager or lessor of a agreed per Paragraph premises leased to you with 8.a.(1) of this endorsement whom you have agreed per to provide insurance, but on - Paragraph 8.a.(1) of this en- ly with respect to 'bodily in- dorsement to provide insur- jury" or "property damage" ance, but only with respect arising out of "your products" to liability arising out of the which are distributed or sold ownership, maintenance or in the regular course of the Includes copyrighted material of Insurance GA 233 0917 Services Office, Inc., with its permission. Pagel 1 of 17 GA 233 0917 vendor's business, subject or repair opera - to the following additional tions, except such exclusions: operations per- i The insurance afforded formed at the ven- (� dor's premises in the vendor does not connection with the apply to: sale of the product; 1) "Bodily injury" or 7) Products which, af- "property damage" ter distribution or for which the ven- sale by you, have dor is obligated to been labeled or re- pay damages by labeled or used as reason of the as- a container, part or sumption of liability ingredient of any in a contract or other thing or sub - agreement. This stance by or for the exclusion does not vendor; or apply to liability for damages that the 8) "Bodily injury' or vendor would have "property damage" in the absence of arising out of the the contract or sole negligence of agreement; the vendor for its 2) Any express war- own acts or omis- sions or those of ranty unauthorized its employees or by you; anyone else acting 3) Any physical or on its behalf. How - chemical change in ever, this exclusion the product made does not apply to: intentionally by the a) The excep- vendor; tions contained 4) Repackaging, ex- in Paragraphs cept when un- (c) (1) 4) or 6) packed solely for of this en - the purpose of in- dorsement; or spection, demon- b) Such inspec- stration, testing, or tions, adjust - the substitution of ments, tests or parts under in servicing as structions from the the vendor has manufacturer, and agreed to then repackaged in make or nor - the original con- mally under- tainer; takes to make 5) Any failure to make in the usual such inspections, course of adjustments, tests business, in or servicing as the connection vendor has agreed with the distri- to make or normal- bution or sale ly undertakes to of the prod - make in the usual ucts. course of busi- (ij) This insurance does not ness, in connection apply to any insured with the distribution person or organization: or sale of the products; 1) From whom you have acquired 6 Demonstration, in- such products, or stallation, servicing any ingredient, part Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 12 of 17 or container, enter- (e) Mortgagee, Assignee Or ing into, accompa- Receiver nying or containing such products; or Any person or organization with whom you have agreed 2) When liability in- per Paragraph 8.a.(1) of this cluded within the endorsement to provide in- "products- surance, but only with re - completed opera- spect to their liability as tions hazard" has mortgagee, assignee, or re - been excluded un- ceiver and arising out of the der this Coverage ownership, maintenance, or Part with respect to use of the premises by you. such products. However, this insurance does not apply to structural d State Or Governmental () alterations, new construction Agency Or Subdivision Or and demolition operations Political Subdivision - performed by or for that per - Permits Or Authorizations son or organization. Relating To Premises (3) The insurance afforded to addi- Any state or governmental tional insureds described in Par- agraph 8.a.(1) of this endorse- litical subdivision with which ment: you have agreed per Para- graph 8.a.(1) of this en- (a) Only applies to the extent dorsement to provide insur- permitted by law; and ance, subject to the follow- ing additional provision: (b) Will not be broader than that which you are required by This insurance applies only the written contract, written with respect to the following agreement, written permit or hazards for which the state written authorization to pro - or governmental agency or vide for such additional in - subdivision or political sub- sured; and division has issued a permit or authorization in connec- (c) Does not apply to any per - tion with premises you own, son, organization, vendor, rent or control and to which state, governmental agency this insurance applies: or subdivision or political subdivision, specifically (1) The existence, mainte- named as an additional in- nance, repair, oonstruc- sured under any other provi- tion, erection or removal sion of, or endorsement of advertising signs, added to, this Coverage awnings, canopies, cel- Part, provided such other lar entrances, coal provision or endorsement holes, driveways, man- covers the injury or damage holes, marquees, hoist for which this insurance ap- away openings, side- plies. walk vaults, street ban- ners or decorations and b. With respect to the insurance afford - similar exposures; or ed to the additional insureds de- scribed in Paragraph 8.a.(1) of this (ii) The construction, erec- endorsement, the following is added tion or removal of eleva- to Section III - Limits Of Insurance: tors; or The most we will pay on behalf of the (iii) The ownership, mainte- additional insured is the amount of in- nance or use of any el- surance: evators covered by this insurance. (1) Required by the written contract, written agreement, written permit or written authorization described Includes copyrighted material of Insurance GA 233 0917 Services Office, Inc., with its permission. Page 13 of 17 in Paragraph 8.a.(1) of this en- dorsement; or (2) Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. c. Section IV - Commercial General Liability Conditions is amended to include the following: Automatic Additional Insured Pro- vision This insurance applies only if the "bodily injury" or "property damage" occurs, or the "personal and advertis- ing injury' offense is committed: (1) During the policy period; and (2) Subsequent to your execution of the written contract or written agreement, or the issuance of a written permit or written authori- zation, described in Paragraph 8.a.(1). d. Section IV - Commercial General Liability Conditions is amended as follows: Condition 5. Other Insurance is amended to include: Primary And Noncontributory In- surance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured per Paragraph 8.a.(1) of this endorsement provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract, agreement, permit or authorization described in 8.a.(2) of this endorsement that this in- surance would be primary and would not seek contribution from any other insurance available to the additional insured. 9. Property Damage To Borrowed Equip- ment a. The following is added to Exclusion 2.j. Damage To Property under Sec- tion I - Coverage A - Bodily Injury And Property Damage Liability: Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform operations at the time of loss. b. With respect to the insurance provid- ed by this section of the endorse- ment, the following additional provi- sions apply: (1) The Limits of Insurance shown in the Declarations are replaced by the limits designated in Section B. Limits Of Insurance, 9. Property Damage To Borrowed Equipment of this endorsement with respect to coverage provid- ed by this endorsement. These limits are inclusive of and not in addition to the limits being re- placed. The Limits of Insurance shown in Section B. Limits Of Insurance, 9. Property Damage To Borrowed Equipment of this endorsement fix the most we will pay in any one "occurrence" re- gardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bringing "suits". (2) Deductible Clause (a) Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible Amount stated in Section B. Limits Of Insur- ance, 9. Property Damage To Borrowed Equipment of this endorsement. The limits of insurance will not be re- duced by the application of such deductible amount. (b) Section IV - Commercial General Liability Condi- tions, 2. Duties In The Event Of Occurrence, Of- fense, Claim Or Suit, ap- plies to each claim or "suit" irrespective of the amount. Includes copyrighted material of Insurance GA 233 0917 Services Office, Inc., with its permission. Page 14 of 17 (c) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the deductible amount as has been paid by us. 10. Employees As Insureds - Specified Health Care Services And Good Samar- itan Services Paragraph 2.a.(1Xd) under Section II - Who Is An Insured does not apply to: a. Your "employees" who provide pro- fessional health care services on your behalf as a duly licensed nurse, emergency medical technician or paramedic in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place; or b. Your "employees" or "volunteer work- ers", other than an employed or vol- unteer doctor, providing first aid or good samaritan services during their work hours for you will be deemed to be acting within the scope of their employment by you or performing du- ties related to the conduct of your business. 11. Broadened Notice Of Occurrence Paragraph a. of Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV - Com- mercial General Liability Conditions is replaced by the following: a. You must see to it that we are notified as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, no- tice should include: (1) How, when and where the "oc- currence" or offense took place; (2) The names and addresses of any injured persons and wit- nesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. This requirement applies only when the "occurrence" or offense is known to an "authorized representative". 12. Nonowned Aircraft The following is added to Exclusion 2.g. Aircraft, Auto Or Watercraft under Sec- tion I - Coverage A - Bodily Injury And Property Damage Liability: This exclusion does not apply to an air- craft you do not own, provided that: a. The pilot in command holds a current effective certificate, issued by a duly constituted authority of the United States of America or Canada, desig- nating that person as a commercial or airline transport pilot; b. The aircraft is rented with a trained, paid crew; and c. The aircraft does not transport per- sons or cargo for a charge. 13. Bodily Injury Redefined Section V - Definitions, 4. "Bodily injury" is replaced by the following: 4. "Bodily injury" means bodily harm or injury, sickness, disease, disability, humiliation, shock, fright, mental an- guish or mental injury, including care, loss of services or death resulting from any of these at any time. 14. Expected Or Intended Injury Redefined The last sentence of Exclusion 2.a. Ex- pected Or Intended Injury under Sec- tion I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect per- sons or property. 15. Former Employees As Insureds The following is added to Paragraph 2. under Section II - Who Is An Insured: 2. Each of the following is also an in- sured: n- sured: Any of your former "employees", di- rectors, managers, members, part- ners or "executive officers", including but not limited to retired, disabled or those on leave of absence, but only for acts within the scope of their em- ployment by you or for duties related to the conduct of your business. Includes copyrighted material of Insurance GA 233 0917 Services Office, Inc., with its permission. Page 15 of 17 16. Voluntary Property Damage Coverage a. Coverage D - Voluntary Property Damage Coverage Section I - Coverages is amended to include the following: (1) Insuring Agreement GA 233 0917 (a) We will pay the cost to re- pair or replace "property damage" to property of oth- ers arising out of operations incidental to your business when: 1) Damage is caused by you; or 2) Damage occurs while in your possession. At your written request, we will make this payment re- gardless of whether you are at fault for the "property damage". If you, at our request, re- place, or make any repairs to, damaged property of others, the amount we will pay under Voluntary Prop- erty Damage Coverage will be determined by your actu- al cost to replace or repair the damaged property, ex- cluding any profit or over- head. Any payment we make un- der Voluntary Property Damage Coverage shall not be interpreted as an admis- sion of liability by you or by us. It shall be your duty, not our duty, to defend any claim or "suit" to which this insurance applies. No other obligation or liabil- ity to pay sums or perform acts or services is covered. (b) This insurance applies to "property damage" only if: 1) The "property damage" takes place in the "cov- erage territory''; and (2) Exclusions This insurance does not apply to "property damage" that would be excluded by Coverage A - Bodi- ly Injury And Property Damage Liability, 2. Exclusions, except for j. Damage To Property, par- agraphs (3), (4), (5) and (6), k. Damage To Your Product, and I. Damage To Your Work. (3) Definitions For purposes of Voluntary Property Damage Coverage only, the following definitions un- der Section V - Definitions are replaced by the following: 16. "Occurrence" means an in- cident, including continuous or repeated exposure to substantially the same gen- eral harmful conditions that result in "property damage". 20. "Property damage" means physical injury to tangible property. "Electronic data" is not tangible property, and "property damage" does not include disappearance, ab- straction or theft. b. Care, Custody Or Control Liability Coverage For purposes of the coverage provid- ed by Care, Custody Or Control Li- ability Coverage in this endorsement only: (1) Section I - Coverage A - Bodily Injury And Property Damage Liability, 2. Exclusions, j. Damage To Property, Subpara- graphs (3), (4) and (5) do not ap- ply to "property damage" to the property of others described therein. (2) It shall be your duty, not our duty, to defend any claim or "suit" to which this insurance applies. No other obligation or liability to pay sums or perform acts or ser- vices is covered. This Paragraph (2) supersedes any provision in the Coverage Part to the contrary. 2) The "property damage" occurs during the policy (3) "Property damage" for which period. Care, Custody Or Control Lia- bility Coverage provides cover - Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 16 of 17 age shall be deemed to be (3) The Voluntary Property Dam - caused by an "occurrence" but age Coverage, Aggregate Limit shall not serve to limit or restrict Of Insurance is the most we will the applicability of any exclusion pay for the sum of all damages for "property damage" under this under Voluntary Property Coverage Part. Damage Coverage. This limit applies separately to each "cov- c. Limits Of Insurance And Deducts- erage term". bles (4) Deductible Clause For purposes of the coverage provid- ed by Voluntary Property Damage (a) Our obligation to pay dam - Coverage and Care, Custody Or ages on your behalf applies Control Liability Coverage, Section only to the amount of dam - III - Limits Of Insurance is amended ages for each "occurrence" to include the following: which are in excess of the Deductible Amount stated 1 The Limits of Insurance shown in () for the applicable coverage the Declarations are replaced by in the Schedule. The limits the limits designated in Section of insurance will not be re - B. Limits Of Insurance, 16. duced by the application of Voluntary Property Damage such Deductible Amount. Coverage And Care, Custody Or Control Liability Coverage, (b) Section IV - Commercial in this endorsement. These limits General Liability Condi- are inclusive of, and not in addi- tions, 2. Duties In The tion to, the limits being replaced. Event Of Occurrence, Of - The Limits of Insurance shown in fense, Claim Or Suit, ap- the Schedule fix the most we will plies to each claim or "suit" pay regardless of the number of: irrespective of the amount. (a) Insureds; (c) We may pay any part or all of the Deductible Amount to b Claims made or "suits" O effect settlement of any brought; or claim or "suit" and, upon no - (c) Persons or organizations tification of the action taken, making claims or bringing you shall promptly reim- "suits". burse us for such part of the Deductible Amount as has (2) (a) Subject to (3) below, the been paid by us. Voluntary Property Dam- age Coverage, Each Occur- 17. Broadened Contractual Liability Work Y - rence Limit Of Insurance is � Within 50 Of Railroad Property the most we will pay for the Section V - Definitions, 12. "Insured con - sum of damages under Vol- tract" is amended as follows: untary Property Damage Coverage; a. Paragraph c. is replaced by the fol - lowing: (b) The Care, Custody Or Con - trol Liability Coverage, c. Any easement or license agree - Each Occurrence Limit Of ment; Insurance is the most we will pay for the sum of damages b. Paragraph f.(1) is deleted in its entire - under Care, Custody Or ty. Control Liability Coverage; 18. Alienated Premises because of all "property damage" Exclusion 2.j. Damage to Property, arising out of any one "occur- Paragraph (2) under Section I - Cover- rence". age A - Bodily Injury And Property Damage Liability does not apply if the premises are "your work". Includes copyrighted material of Insurance GA 233 0917 Services Office, Inc., with its permission. Page 17 of 17 INSURED This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium $ Insurance Company Countersigned By INSURANCE COMPANY OF THE WEST MEER ELECTRICAL CONTRACTORS INCL. WC 99 06 27 (Ed. 10-98) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 27 (Ed. 10-98) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of Person or Organization ( ) Blanket Waiver Any person or organization for whom the named insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium The premium charge for this endorsement shall be percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium 5. Advance Premium X ALL GEORGIA OPERATIONS 2 rdea t se Auj e :mle Un:ug onpu nju chol IU encyr ie uct um Pr ADVA L rInsUni ict ¤eca $ Agg$ inler & ¤m x, i E PR mgn0 deod:ume l An eb e0,0m L r P EG I j dApp EM irOccuh 00,0 beli UNSCH s b tte$ u RA g R ito 00t ERLLE nr i M iae0, cy Nr sitiiom NC i0i NCYIN fommse r,0r0 OF s)Endtde ceEac CEAN s:tr, Po nrumPr tst SURIN iLimIns NSU eot to ato OF ITS g in DEDU at CSub eSub cke LIM yl Baae( Adn if 33 Employer's Liability Bodily Injury by Accident: $Each Accident Bodily Injury by Disease: $Each Employee Bodily Injury by Disease: $Policy Limit 100,000 100,000 500,000 ¤Commercial General Liability Bodily Injury and Property Damage Liability: Including:$Each Occurrence Limit ¤Products-Completed Opera-$General Aggregate Limit tions Coverage $Products-Completed Operat ions Aggregate ¤Cemetery Professional Limit ¤Druggist Professional ¤Funeral Service Provider ¤Pedorthists Professional X X 1,000,000 2,000,000 2,000,000 or Personal and Advertising Injury Limit: $Any One Person or ¤Business Liability Including:Organization ¤Funeral Service Provider ¤Druggist Professional 1,000,000 Automobile Liability Bodily Injury Liability Limit: Including:$Each Person ¤Owned Autos $Each Occurrence ¤Non-Owned Autos Property Damage Liability Limit: ¤Hired Autos $Each Occurrence ¤Any Auto or Bodily Injury Liability and / or Property Damag Liability or Both Combined Limit: $Each Occurrence e X 500,000 USC513 05 10 Page ofEPP 005 88 58 1 2 THE CINCINNATI INSURANCE COMPANY COMMERCIAL UMBRELLA LIABILITY COVERAGE PART DECLARATIONS Prev oi us P lo icy uN bm er EPP0058858 Att ca hed t o and f ro ming pa tr of PO IL CY UN BM ER EPP 005 88 58 Effecti ev Date: 02-01-202 NAMED I SN URED is t eh s ma e sa it pa pe ra s in the C mo om n Policy Dec al ar t oi sn unle ss another e tn ry si m da e he er . (b) CINCINNATI INS. CO. EPP 005 88 58 (c) CINCINNATI INS. CO. EBA 005 88 58 (a) INS COMP OF THE WEST THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ADDITIONAL INSURED - AUTOMATIC STATUS AND AUTOMATIC WAIVER OF SUBROGATION WHEN REQUIRED IN WRITTEN CONTRACT, AGREEMENT, PERMIT OR AUTHORIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Additional Insured - Owners, Lessees Or Contractors - Automatic Status For Other Parties When Required In Written Contract Or Agreement With You 1. Section II - Who Is An Insured is amended to include as an additional in- sured any person or organization you have agreed in writing in a contract or agreement to add as an additional in- sured on this Coverage Part. Such per- sons) or organization(s) is an additional insured only with respect to liability for: a. "Bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by the performance of your ongoing opera- tions by you or on your behalf, under that written contract or written agreement. Ongoing operations does not apply to "bodily injury" or "proper- ty damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage aris- es has been put to its intended use by any person or organiza- tion other than another contrac- tor or subcontractor engaged in performing operations for a prin- cipal as a part of the same pro- ject; and b. "Bodily injury' or "property damage" caused, in whole or in part, by "your work" performed under that written contract or written agreement and in cluded in the "products -completed operations hazard", but only if: (1) The Coverage Part to which this endorsement is attached pro- vides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard"; and (2) The written contract or written agreement requires you to pro- vide additional insured coverage included within the "products - completed operations hazard" for that person or organization. If the written contract or written agreement requires you to provide additional insured coverage included within the "products -completed oper- ations hazard" for a specified length of time for that person or organiza- tion, the "bodily injury" or "property damage" must occur prior to the ex- piration of that period of time in order for this insurance to apply. If the written contract or written agreement requires you to provide additional insured coverage for a person or organization per only ISO additional insured endorsement form number CG 2010, without specifying an edition date, and without specifi- cally requiring additional insured coverage included within the "prod- ucts -completed operations hazard", this Paragraph b. does not apply to that person or organization. 2. If the written contract or written agree- ment described in Paragraph 1. above specifically requires you to provide addi- tional insured coverage to that person or organization: a. Arising out of your ongoing opera- tions or arising out of "your work'; or Includes copyrighted material of Insurance GA 472 0918 Services Office, Inc., with its permission. Page 1 of 3 b. By way of an edition of an ISO addi- tional insured endorsement that in- cludes arising out of your ongoing operations or arising out of "your work"; then the phrase caused, in whole or in part, by in Paragraph A.l.a. and/or Para- graph A.l.b. above, whichever applies, is replaced by the phrase arising out of. 3. With respect to the insurance afforded to the additional insureds described in Para- graph A.1., the following additional exclu- sion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or draw- ings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hir- ing, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "prop- erty damage", or the offense which caused the "personal and advertising inju- ry", involved the rendering of, or the fail- ure to render, any professional architec- tural, engineering or surveying services. 4. This Paragraph A. does not apply to addi- tional insureds described in Paragraph B. B. Additional Insured -State Or Governmental Agency Or Subdivision Or Political Subdi- vision - Automatic Status When Required In Written Permits Or Authorizations Section II - Who Is An Insured is amended to include as an additional in- sured any state or governmental agency or subdivision or political subdivision you have agreed in writing in a contract, agreement, permit or authorization to add as an additional insured on this Coverage Part. Such state or governmental agency or subdivision or political subdivision is an additional insured only with respect to op- erations performed by you or on your be- half for which the state or governmental agency or subdivision or political subdivi- sion issued, in writing, a contract, agree- ment, permit or authorization. 2. With respect to the insurance afforded to the additional insureds described in Para- graph B.1., the following additional exclu- sions apply: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" aris- ing out of operations performed for the federal government, state or mu- nicipality; or b. "Bodily injury" or "property damage" included within the "products - completed operations hazard." C. The insurance afforded to additional insureds described in Paragraphs A. and B.: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract, writ- ten agreement, written permit or written authorization to provide for such addition- al insured; and 3. Does not apply to any person, organiza- tion, state, governmental agency or sub- division or political subdivision specifically named as an additional insured for the same project in the schedule of an en- dorsement added to this Coverage Part. D. With respect to the insurance afforded to the additional insureds described in Paragraphs A. and B., the following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the addi- tional insured is the amount of insurance: 1. Required by the written contract, written agreement, written permit or written au- thorization described in Paragraphs A. and B., or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the appli- cable Limits of Insurance shown in the Decla- rations. E. Section IV - Commercial General Liability Conditions is amended to add the following: Automatic Additional Insured Provision This insurance applies only if the "bodily inju- ry" or "property damage" occurs, or the "per- sonal and advertising injury" offense is com- mitted: During the policy period; and Includes copyrighted material of Insurance GA 472 0918 Services Office, Inc., with its permission. Page 2 of 3 2. Subsequent to your execution of the writ- ten contract or written agreement, or the issuance of a written permit or written au- thorization, described in Paragraphs A. and B. F. Except when G. below applies, the following is added to Section IV - Commercial General Liability Conditions, 5. Other Insurance, and supersedes any provision to the contrary: When Other Additional Insured Coverage Applies On An Excess Basis This insurance is primary to other insurance available to the additional insured described in Paragraphs A. and B. except: 1. As otherwise provided in Section IV - Commercial General Liability Condi- tions, 5. Other Insurance, b. Excess In- surance; or 2. For any other valid and collectible insur- ance available to the additional insured as an additional insured by attachment of an endorsement to another insurance policy that is written on an excess basis. In such case, this insurance is also excess. H. G. The following is added to Section IV - Com- mercial General Liability Conditions, 5. Other Insurance, and supersedes any provi- sion to the contrary: Primary Insurance When Required By Writ- ten Contract, Agreement, Permit Or Au- thorization Except when wrap-up insurance applies to the claim or "suit" on behalf of the additional in- sured, this insurance is primary to any other insurance available to the additional insured described in Paragraphs A. and B. provided that: The additional insured is a Named In- sured under such other insurance; and 2. You have agreed in writing in a contract, agreement, permit or authorization de- scribed in Paragraph A. or B. that this in- surance would be primary to any other in- surance available to the additional in- sured. As used in this endorsement, wrap-up insur- ance means any insurance provided by a con- solidated (wrap-up) insurance program. Primary And Noncontributory Insurance When Required By Written Contract, Agreement, Permit Or Authorization Except when wrap-up insuranoe applies to the claim or "suit" on behalf of the additional in- sured, this insurance is primary to and will not seek contribution from any other insurance available to the additional insured described in Paragraphs A. and B. provided that: 1. The additional insured is a Named In- sured under such other insurance; and 2. You have agreed in writing in a contract, agreement, permit or authorization de- scribed in Paragraph A. or B. that this in- surance would be primary and would not seek contribution from any other insur- ance available to the additional insured. As used in this endorsement, wrap-up insur- ance means any insurance provided by a con- solidated (wrap-up) insurance program. Section IV - Commercial General Liability Conditions, 9. Transfer Of Rights Of Re- covery Against Others To Us is amended by the addition of the following: We waive any right of recovery we may have against any additional insured under this en- dorsement against whom you have agreed to waive such right of recovery in a written oon- tract, written agreement, written permit or writ- ten authorization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract, written agreement, written permit or written authorization. However, our rights may only be waived prior to the "occur- rence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. Includes copyrighted material of Insurance GA 472 0918 Services Office, Inc., with its permission. Page 3 of 3 EXHIBIT "C" See Exhibit "A "card Exhibit "B " See Exhibit "B" "N/A" 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: CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 10, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Separation Agreement for Dale Hall. MEETING DATE: Monday, August 16, 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 August 16, 2021 SEPARATION AGREEMENT AND FULL AND FINAL RELEASE OF CLAIMS This Separation Agreement and Full and Final Release of Claims ("Agreement") is made and entered on this 27"' day of August, 2021 (the "Effective Date"), and made and entered into by and between the City of Milton (the "City") and Dale Hall ("Dale") (all hereinafter referred to as "the Parties to this Agreement"). The City and Dale wish to settle fully and finally any and all differences and disputes between them, including, but not limited to, any claims arising out of Dale's employment with and separation from the City. CONSIDERATION. Dale covenants and agrees to waive and release any and all claims relating to him employment with and separation from the City as detailed in Section 2. The City also covenants and agrees to waive and release any and all claims relating to Dale's employment with and separation from the City, as detailed in Section 2. The City and Dale covenant and agree that: A. Dale has elected to voluntarily separate from his employment with the City, which separation shall become effective August 27, 2021, (the "Separation Date") and upon Dale's execution of this Agreement. B. Upon Dale's separation, Dale will receive compensation in the amount of $22,320.15 representing 3 months of severance (based on an annual salary of $89,280.60) with appropriate payroll deductions made at his regular rate and payment for any accrued PTO not to exceed 240 total hours. An account detailing these calculations shall be submitted to Dale prior to the execution of this document. The lump -sum payment will be issued in check form and delivered to Dale or direct deposited to an account designed by Dale on September 10, 2021, assuming both parties have signed this Agreement. C. The City will provide life insurance, health, dental and vision benefits at their current level for a period of 3 months. Dale shall have continued access to the FSA account funds during this period. After that period, pursuant to COBRA, Dale will have the ability to continue coverage. Dale shall be entitled to any vested benefits and rights Dale has under the City's qualified retirement and/or pension plans Dale shall remain on administrative leave with pay until the separation date. D. The City will not contest Dale's application, if any, for unemployment insurance Initial 10 / benefits, as of the execution of this document. 2. FULL AND FINAL RELEASE. Dale, for himself, his attorneys, dependents, heirs, executors, administrators, personal representatives, successors, beneficiaries and assigns, fully, finally, and forever releases and discharges the City, and all of its divisions, departments, offices, affiliates, officers elected and appointed persons, officials, employees, servants, agents, insurers, and attorneys, in their official and individual capacities, together with their predecessors, successors, and assigns, both jointly and severally (collectively the "City Released Parties"), of and from all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, and expenses of any nature whatsoever, known or unknown, suspected or unsuspected, as a result of actions, representations, or omissions occurring through Dale's effective separation date, as set forth in I above. Specifically included in this waiver and release are, among other things, any and all claims regarding the deprivation of civil, constitutional, or equal rights under local, state, or federal law including, but not limited to, 42 U.S.C. §§ 1981, 1983, 1985, 1986 and/or 1988; Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Age Discrimination in Employment Act ("ADEA"); the Americans with Disabilities Act ("ADA"); the Older Workers Benefit Protection Act; and the Rehabilitation Act of 1973, as well as any claims for alleged wrongful discharge, negligent retention or hiring, sexual harassment, assault, battery, retaliation, negligent or intentional infliction of emotional distress, breach of contract, fraud, or any other unlawful behavior. Notwithstanding any other provision of this Paragraph of this Agreement, Dale does not hereby waive any rights or claims for which waivers or releases are prohibited by applicable law or any rights or claims under the ADEA or under this Agreement that may arise after the effective date of this Agreement, which for purposes of this Agreement shall be the day on which the Agreement is executed by Dale. The City hereby voluntarily, knowingly, and intentionally releases, remises, waives, acquits, and discharges Dale and his attorneys, dependents, heirs, executors, administrators, personal representatives, successors, beneficiaries, and assigns from any and all actions, causes of action, claims, demands, losses, damages, costs, expenses, judgments, liens, indebtedness, liabilities, and attorney's fees (including, but not limited to any claims of entitlement for attorney's fees under any contract, statute, or rule of law allowing a prevailing party or plaintiff to recover attorney's fees), of every kind and description, known or unknown, from the beginning of time through the date hereof. Without in any way restricting the generality of the foregoing, this Section shall apply to all manner of actions, causes of action, claims, or demands directly or indirectly related to or arising out of or in connection with the City's relationship with Dale as an employee of the City or the cessation of such relationship immediately following Dale's separation date. 2 Initial dob / CONSULTATION WITH ATTORNEY. The City hereby advises Dale in writing to consult with an attorney prior to executing this Agreement and waiver of claims under the ADEA. The City agrees to reimburse Dale for the actual attorney's fees incurred by Dale for the review and negotiation of this Agreement in an amount not to exceed $2,000. 4. TWENTY-ONE DAY REVIEW PERIOD PROVIDED. Dale hereby acknowledges that, in accordance with federal law, he has been allowed up to twenty-one (2 1) days to consider whether to execute this Agreement and that he has had sufficient time to read and consider this Agreement before executing it. Dale acknowledges that he has received valuable and good consideration to which Dale is not otherwise entitled in exchange for him execution of this Agreement and executes this Agreement voluntarily, with a full understanding of its significance, and intending to be bound by its terms. 5. SEVEN-DAY REVOCATION PERIOD. Dale may revoke and cancel this Agreement at any time within seven (7) days after Dale's execution of this Agreement by providing written notice to the City in the manner prescribed herein. If Dale does so revoke, this Agreement will be null and void and the City shall have no obligation to provide any consideration to Dale including, but not limited to that specified in Section lof this Agreement. This Agreement shall not become enforceable until after the expiration of the seven (7) day revocation period; after such time, if there has been no revocation, the Agreement shall be fully enforceable. In the event that Dale chooses to revoke the Agreement, Dale or his counsel shall notify the City by facsimile and e-mail to its designated agent for this purpose, Ken E. Jarrard, Attorney at Law, Jarrard & Davis, LLP, 222 Webb Street, Cumming, Georgia, 30040 with the facsimile number (678) 455-7149 and the e-mail address of kjarrard@jarrard-davis.com, no later than 5:00 p.m. on the last day of the revocation period. 6. NO OTHER CLAIMS. Dale acknowledges and represents that he does not have any pending claims or charges against the City. Dale also acknowledges and represents that he will not file, or assign to others the right to file, or make claims or charges against the City at any time for actions, representations, or omissions covered by the Full and Final Release provisions in Section 2 of this Agreement. Dale also acknowledges and represents that he has received all leave required under the Family and Medical Leave Act of 1993, as amended ("FMLA"), and does not claim that the City violated or denied him rights under the FMLA. Dale further acknowledges and represents that he was properly classified under the Fair Labor Standards Act of 1938, as amended ("FLSA"), has been fully paid (including any overtime to which he was entitled, if any) for work performed for the City, and does not claim that the City violated or denied him rights under the FLSA. Initial,D / The City acknowledges and represents that it does not have any pending claims or charges against Dale. The City also acknowledges and represents that it will not file, or assign to others the right to file, or make claims or charges against the City at any time for actions, representations, or omissions covered by the Full and Final Release provisions in Section 2 of this Agreement. 8. RETURN OF PROPERTY. Dale states that, in accordance with his existing and continuing obligations to the City, he has returned, or will return to the City by him Separation Date, all property of the City, including, but not limited to, keys, files, records, maps, computer access codes, and computer programs, instruction manuals, business plans, financial records, and other property which Dale maintained, prepared or helped to prepare in connection with him employment with the City. In no event will Dale remove any such items off the premises of the City, or duplicate any such items for removal from the City's premises. 9. COOPERATION. Dale agrees to fully cooperate with the City in any and all investigations, inquiries, or litigation in any judicial, administrative, or public, quasi -public, or private forum, in which the City are involved, whether or not Dale is a party to or a subject of such investigations, inquiries, proceedings, or litigation. Dale shall provide such testimony, background information, and other support and cooperation as the City may reasonably request. Dale acknowledges, agrees, and covenants that he will not voluntarily disclose any information related to personnel, payroll, risk management, claims, insurance, or attorney-client privileged matters, or any other information that is sensitive, private, and confidential, received during the course and scope of his employment to any person or entity except the City Manager or his designee. Dale further agrees that he will not directly or indirectly cooperate or assist with the initiation or advancement of any claims, lawsuits, actions, or demands against the City on behalf of himself, with the exception of those claims specifically excepted in Section 2 of this Agreement, or any other individual, unless subpoenaed or otherwise ordered by a court of law. 10. NON -DISPARAGEMENT. A. Dale agrees that he will not make statements to anyone that is in any way disparaging or negative towards the City. B. The City agrees that all agents and employees who have been involved in any matters involving Dale will not make statements to employees of the City, members of the public, or potential employers of Dale that are in any way disparaging or negative towards Dale. C. Dale shall receive a copy of his employment file, along with an affidavit affirming the completeness of all the documents contained in the file. In the event a potential employer of Dale seeks a reference from the City, the Initial Ot4 / City agrees to limit the reference to verification of dates of employment, position title, and salary. 11. NON -ADMISSION OF LIABILITY OR WRONGFUL CONDUCT. The Agreement shall not be constituted as an admission of any liability, wrongdoing, retaliation, or discrimination, nor shall it be considered to be evidence of such liability, wrongdoing, retaliation, or discrimination by the Parties to the Agreement, all of whom hereby affirmatively deny any wrongdoing. 12. CONFIDENTIALITY. A. The nature and terms of this Agreement are strictly confidential and they have not been and shall not be disclosed by Dale to any other person, except Dale's lawyers, spouse, financial advisors, or federal and state taxing agencies, without the prior written consent of the City, and except as necessary in any legal proceedings directly related to the provisions and terms of this Agreement, to prepare and file income tax forms, pursuant to court order after reasonable notice to the City, or otherwise as required by law including, but not limited to, the Georgia Open Records Act, O.C.G.A. § 50-18-70, et seq. B. Likewise, the City has not and will not disclose the nature and terms of this Agreement at any time to any person other than City officials, lawyers, auditors, or accountants that have a legitimate business reason to know such information, except as necessary in any legal proceeding directly related to the provisions and terms of this Agreement, to prepare and file income tax or claim forms, pursuant to court order after reasonable notice to Dale, or otherwise as required by law. 13. GOVERNING LAW. This Agreement shall be interpreted under the laws of the State of Georgia. 14. SEVERABILITY. The provisions of this Agreement are severable, and if any part of this Agreement is found by a court of law to be unenforceable, the remainder of the Agreement will continue to be valid and effective. 15. SOLE AND ENTIRE AGREEMENT. This Agreement sets forth the entire agreement between the Parties. Any prior agreements between or directly involving the Parties to the Agreement are superseded by the terms of this Agreement and thus are rendered null and void. However, any prior agreements Initial 00 / between the Parties related to inventions, business ideas, and confidentiality of corporate information remain intact. 16. NO OTHER PROMISES. Dale affirms that the only consideration for him signing this Agreement is that set forth in Section 1 that no other promises or agreements of any kind have been made to or with him by any person or entity to cause him to execute this document. 17. ADVICE OF COUNSEL. Dale acknowledges both that he fully understands his right to discuss all aspects of this Agreement with his attorney and that he has been given a reasonable period of time to consider whether he should execute this Agreement. Dale acknowledges and represents that he has read this Agreement in full and, if desired with advice of his counsel, understands and voluntarily consents and agrees to each and every provision contained herein. 18. SIGNATURE. The Agreement may be signed in counterparts. 19. LEGALLY BINDING AGREEMENT. Dale understands and acknowledges that (A) this is a legally binding Agreement that includes a full release of claims; (B) by signing this Agreement, he is hereafter barred from instituting claims against the City and/or the City Released Parties in the manner and to the extent set forth herein and (C) this Agreement is final and binding. The City understands and acknowledges that (A) this is a legally binding Agreement that includes a full release of claims; (B) by signing this Agreement, the City is hereafter barred from instituting claims against Dale in the manner and to the extent set forth herein; and (C) this Agreement is final and binding. PLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. [signatures on next page] 6 Initial M16 / IN WITNESS WHEREOF, the undersigned have executed this Agreement on the date shown below. Date: C/ CITY OF MILTON, GEORGIA 0 Title: Date: Initial C� CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 10, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Practical Design Partners, LLC for the Preliminary Design of Mayfield Road for Sidewalk Extension. MEETING DATE: Monday, August 16, 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 August 16, 2021 X X X To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Acting Public Works Director Date: Submitted on August 10, 2021 for the August 16, 2021 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Practical Design Partners, LLC for the Preliminary Design of Mayfield Road for Sidewalk Extension. _____________________________________________________________________________________ Project Description: A priority sidewalk project in the Crabapple area as identified in the 2020 Trail Prioritization Plan is connecting the Lakeside Park to Freemanville Road. A field run topographic survey has been completed along the Lakeside Park frontage and extending on the north side of Mayfield Road to the intersection with Freemanville Road. This agreement is for preliminary design work for the sidewalk/trail extension along Mayfield Road and will support future right of way and final design for construction of the sidewalk extension. Procurement Summary: Purchasing method used: Professional Services Account Number: 335-4101-541401301 Requisition Total: $16,510.00 Financial Review: Bernadette Harvill, August 10, 2021 Legal Review: Dennis Bost, Jarrard & Davis, LLP – August 2, 2021 Attachment(s): Professional Services Agreement 1 PROFESSIONAL SERVICES AGREEMENT Preliminary Design for Mayfield Road Sidewalk Installation This Professional Services Agreement (“Agreement”) is made and entered into this_____ day of _____________, 2021 (the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council, located at 2006 Heritage Walk, Milton, Georgia 30004 (hereinafter referred to as the “City”), and Practical Design Partners, LLC, a Georgia limited liability company, having its principal place of business in Georgia at 4206 Waterloo Circle, Tucker, Georgia 30084 (herein after referred to as the “Consultant”), collectively referred to herein as the “Parties.” WITNESSETH: WHEREAS, City desires to retain a consultant to provide services in the completion of a project; and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in this Agreement; and 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: Section 1. 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” – Scope of Work, Cost Estimate and Rates Exhibit “B” – Insurance Certificate Exhibit “C” – Contractor Affidavit Exhibit “D” – Subcontractor Affidavit In the event of any discrepancy in or among the terms of the Agreement and the Exhibits hereto, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work. A general description of the Work is as follows: provide a preliminary design of a sidewalk installation from 960 Mayfield Rd, Milton, Georgia to the intersection of Mayfield Road and Freemanville Road, for a total distance of approximately 1,630 feet of new sidewalk. The detailed scope is outlined in Exhibit “A”. Unless otherwise stated in Exhibit “A”, 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. Section 3. Contract Term; Termination. Consultant represents that it will perform the Work in a prompt and timely manner and with reasonable diligence and expediency consistent with sound professional practices. The Work and shall be completed within six (6) weeks from the Notice to Proceed assuming no delays with traffic counts caused by school breaks. The Consultant shall prepare and submit for Client approval of a schedule for the performance of the Consultant’s services. This schedule shall include reasonable allowances for review and approval times required by the Client, performance of services by the Client’s consultants, and review and approval times required by public authorities having jurisdiction over the Project. This schedule shall be equitably adjusted as the Project progresses, allowing for changes in scope, character or size of the Project requested by the Client, or for delays or other causes beyond the Consultant’s reasonable control. If Consultant anticipates it cannot perform the work by the completion date specified in the applicable work order, it shall promptly notify Sara Leaders, Transportation Engineer via phone or email. The term of this Agreement (“Term”) shall commence as of the Effective Date, and the Agreement shall terminate upon completion of and payment for all Work (provided that certain obligations will survive termination/expiration of this Agreement). City may terminate this 2 Agreement for convenience at any time upon providing written notice thereof to Consultant. Provided that no damages are due to City for Consultant’s breach of this Agreement, City shall pay Consultant for Work performed to date in accordance with Section 5 herein. If the City’s payment obligations continue beyond the calendar year in which this Agreement is executed, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year of the Term absent City’s provision of written notice of non-renewal to Consultant at least five (5) days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property (to the extent any transfers under this Agreement) shall remain in Consultant until fully paid for by City. Section 4. Work Changes. Any changes to the Work requiring an increase in the Maximum Contract Price (defined below) or a material change in the scope of the Work shall require a written change order executed by City in accordance with its purchasing regulations. Notwithstanding the foregoing, a change to the Work herein shall not result in a variance in price exceeding ten percent (10%) of the Maximum Contract Price. Section 5. Compensation and Method of Payment. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $16,510.00 (the “Maximum Contract Price”), except as outlined in Section 4 above. Compensation shall be on a lump sum basis, as specified in Exhibit “A”. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant’s profession and industry, Consultant will give written notice immediately to City. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed in accordance with the Agreement. No payments will be made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City’s receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents required by the Agreement or requested by City to process the invoice. Invoices shall be submitted monthly based on the progress of each task. Section 6. Covenants of Consultant. A. Licenses, Certification and Permits. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by applicable 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. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. B. Expertise of Consultant; City’s Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant’s Work performed under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant’s performance. Consultant acknowledges and agrees that the acceptance or approval 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 and shall not relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant’s Work under professional and industry standards. C. Consultant’s Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. D. Consultant’s Representative; Meetings. ___________________ [INSERT NAME] shall be authorized to act on Consultant’s behalf with respect to the Work as Consultant’s designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. Consultant shall meet with City’s personnel or designated representatives to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to the City. 3 E. Assignment of Agreement. Neither Party shall assign or transfer any interest in, or delegate any duties of, this Agreement, without the prior express written consent of the other Party. F. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall indemnify for claims brought by Third Parties the City and City’s elected and appointed officials, officers, boards, commissions, employees, (individually an “Indemnified Party” and collectively “Indemnified Parties”) from and against judgments, injuries, damages, losses, costs, expenses and liability, including but not limited to attorney’s fees and costs of defense recoverable under law (“Liabilities”), to the extent caused by the negligence or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in performance under this Agreement. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. This obligation to indemnify the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. G. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring and payment of consultants, agents or employees to complete the Work, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties. Consultant agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. H. Insurance. Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit “B”, attached hereto and incorporated herein by reference. Consultant shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Consultant shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Consultant’s Work and that the City and its officials, employees or agents are named as additional insureds. I. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City-provided forms, attached hereto as Exhibits “C” and “D” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant’s subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “C”, and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub-subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and 4 Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “D”, which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub-subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Consultant and Consultant’s subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Consultant agrees that the employee-number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] ____ 500 or more employees. ____ 100 or more employees. ___ Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. J. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub-consultant under a contract to the prime Consultant or higher tier sub-consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. K. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. L. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant’s board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. M. RESERVED. N. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed or belief, political affiliation, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. 5 Section 7. Miscellaneous. A. Entire Agreement; Counterparts; Third Party Rights. 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. 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. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. B. Governing Law; Business License; Proper Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia – Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. During the Term of this Agreement, Consultant shall maintain a business license with the City, unless Consultant provides evidence that no such license is required. Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Work, including, but not limited to, any applicable records retention requirements and Georgia’s Open Records Act (O.C.G.A. § 50-18-71, et seq.). C. 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. D. Notices. All notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third 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 first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. E. Waiver; Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. 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. F. Agreement Construction and Interpretation; Invalidity of Provisions; Severability. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. The Parties agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. 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. IN WITNESS WHEREOF, City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] CONSULTANT: Practical Design Pa" -s, LLC. Signature: Print Name: Brad Robinson Title: Member/Manager (Limited Liability Company) Attest/Witness: Signature: EaAI C — Print Name: Avvje ia1, 9`yJeA/- I Title: PrPSt'dey* (Assistant) Corporate Secretary CITY OF MILTON, GEORGIA By: Steven Krokoff, City Manager Attest: Signature: Print Name: Title: City Clerk Approved as to form: City Attorney [CORPORATE SEAL] R Practical design Partners LLC Corporate Seal Georgia 2020 RATIFIED BY COUNCIL By: Joe Lockwood, Mayor [CITY SEAL] EXHIBIT “A” PO Box 3111 Tucker, GA 30085 Tel: 770-855-4683 www.practicaldesignpartners.com July 16, 2021 Matt Fallstrom Capital Project Manager City of Milton Public Works 2006 Heritage Walk Milton, GA 30004 Re: Mayfield Sidewalk Installation Dear Mr. Fallstrom, Practical Design Partners, LLC (PDP) appreciates the opportunity to submit this proposal for the preliminary design of a sidewalk installation from 960 Mayfield Road to the intersection of Mayfield Road and Freemanville Road, for a total distance of approximately 1,630 feet of new sidewalk. Anticipated Scope of Work: The City of Milton proposes to install sidewalk along the west side of Mayfield Road through the project limits. The recent development at 970 Mayfield Road has installed sidewalk outside of the Mayfield Road right-of-way, which is not ADA compliant. This project will construct sidewalk adjacent to the roadway and reconstruct the development’s sidewalk within the right-of-way. The project will begin by reconstructing the northern ramp at the driveway of 960 Mayfield Road and will continue along the western side of Mayfield Road to the southwestern ramp of Mayfield Road and Freemanville Road. One mid-block crossing will be provided with a median refuge area. The City will provide all necessary survey for the project, including topographic survey, right-of-way, property lines and ground evident utilities. The project is locally-funded and no state waters or buffers are expected to be impacted; therefore, no environmental surveys or permitting are required. A stormwater report will not be required comparing preconstruction and postconstruction flows. Neither stormwater detention nor water quality will be required for this project. PDP will design the project to minimize impacts to existing utilities. Curb and gutter will be installed along the western shoulder with a two-foot grass buffer and five-foot sidewalk. The existing roadside ditches will be captured in a closed drainage system, with two outfalls anticipated at existing culverts under Mayfield Road. PDP will deliver 60% final plans within 6-weeks of notice to proceed. Right-of-way and final plans will be scoped under a separate proposal. Deliverables will be in PDF format. Proposed Fee: Services will be invoiced monthly based on the progress of each task. Direct expenses such as mileage are included. PO Box 3111 Tucker, GA 30085 Tel: 770-855-4683 www.practicaldesignpartners.com Fee Proposal for Concept Development Tasks Fee Proposal Preliminary Sidewalk Design $16,510 Additional Assumptions: 1. The city will coordinate with utility owners. Existing and proposed utility locations will be provided to PDP for inclusion in the utility plans. 2. The only widening required will be to install the median refuge at the mid-block crossing, approximately 100’ in length. The mid-block crossing will not require signalization. 3. Drainage outfalls will remain in existing locations and will utilize existing culverts. The approximate locations of stream buffers will be shown. If project limits encroach near the approximate buffer locations or if any modifications to existing outfalls are required, environmental screening and permitting may be required and will be completed under a separate agreement. 4. An additional fee proposal will be prepared at a later date for the development of right-of-way and final plans. 5. No contract documents or bidding assistance is required. 6. No geotechnical investigations or structural design is required. Any required retaining walls will be GDOT standard walls. 7. All design documents will be prepared in Bentley OpenRoads software. The City will provide all survey files that are compatible with this software. 8. No construction inspection required. 9. No lighting design is required. If existing light poles are impacted, notes will be added to reset existing poles. Thanks again for the opportunity to provide our proposal for this sidewalk installation project! We look forward to continuing our relationship with the City of Milton. Please let us know if there are any questions. Sincerely, Brad Robinson, PE Vice President Practical Design Partners, LLC 1T - $$Fr r' r EXHIBIT “B” 07/27/2021 RSC Insurance Brokerage, Inc. 1745 N. Brown Road Suite 250 Lawrenceville GA 30043 Ambroshia Patton (678) 690-5995 apatton@risk-strategies.com Practical Design Partners, LLC 4206 Waterloo Cir. Tucker GA 30084 RLI Insurance Company 13056 XL Specialty Insurance Company 37885 CL2092275643 A Y Y PSB0009042 09/14/2020 09/14/2021 2,000,000 1,000,000 10,000 2,000,000 4,000,000 4,000,000 A PSB0009042 09/14/2020 09/14/2021 1,000,000 B Professional Liability DPS9966235 09/14/2020 09/14/2022 Each Claim $1,000,000 Annual Aggregate $1,000,000 RE: Mayfield Sidewalk Installation. City of Milton is included as an additional insured as respects the General Liability. Waiver of Subrogation applies to General Liability. - REVISED - 07/27/2021 City of Milton 2006 Heritage Walk Milton GA 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY EXHIBIT "C" STATE OF 1 COUNTY OF CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 15130g25 Federal Work Authorization User Identification Number 11017020 Date of Authorization Practical Design Partners, LLC Name of Contractor Preliminary Design for Mayfield Road Sidewalk Installation 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 A U 6, 2041 in TtaC4e�e,r (city), 6 A (state). W Signature of Authorized bfficer or Agent Ainae'LA-S nydzr , prtMmt PrintecrName and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE " DAY OF 20-21. ���u n mitt TARY PUBLIC �oTARyFy [NOTARY SEAL] = EXPIRES GEORGIA 12-132024 C My Commission Expires: 12 � 13 i2ti EXHIBIT “D” 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 Practical Design Partners, LLC on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor Preliminary Design for Mayfield Road Sidewalk Installation 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" CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 10, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Subdivision Plats and Revisions. MEETING DATE: Monday, August 16, 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 August 16, 2021 X To: Honorable Mayor and City Council Members From: Robert Buscemi, Community Development Director Date: Submitted on August 9, 2021 for the August 16, 2021 Regular Council Meeting Agenda Item: Approval of Subdivision Plats and Revisions ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. 1. The Ridgeway minor plat described herein consists of 2.199 acres located on Dinsmore Road. The purpose of this plat is to enlarge Lot 2 (existing) to be in compliance with zoning requirements to meet minimum lot square footage. Both Tracts are of equal size 1.099 acres. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager Consent Agenda Plats Staff Memo Page 2 of 5 Attachment(s): Plat List, Location Map, Plats Name of Development / Location Action Comments / # lots Total Acres Density 1. Ridgeway Dinsmore Road LL 476 & 533 Dist. 2 Sect. 2 Minor Plat Enlarge the size of Lot 2 (existing) to be in compliance with zoning requirements to meet minimum lot square footage. 2.199 Acres 0.91 Lots / Acre Consent Agenda Plats Staff Memo Page 3 of 5 Consent Agenda Plats Staff Memo Page 4 of 5 Consent Agenda Plats Staff Memo Page 5 of 5 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 10, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution Authorizing the Transmittal of a Draft Capital Improvements Element (CIE) 2021 Annual Update Relating to the City’s Impact Fee Program to the Atlanta Regional Commission (ARC) for Regional and State Review. MEETING DATE: Monday, August 16, 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 August 16, 2021 X X X To: Honorable Mayor and City Council Members From: Robert Buscemi, Community Development Date: Submitted on August 3, 2021 for the August 16, 2021 Council Regular Meeting Agenda Item: Consideration of a Resolution Authorizing the Transmittal of a Draft Capital Improvements Element (CIE) 2021 Annual Update Relating to the City’s Impact Fee Program to the Atlanta Regional Commission (ARC) for Regional and State Review. _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The City of Milton adopted a Development Impact Fee Ordinance on October 5, 2015. As a municipality that collects Impact Fees, the City is required by the Georgia Department of Community Affairs (DCA) to submit a Capital Improvements Element (CIE)Annual Update report, specifically an annual financial report and a new fifth year schedule of project improvements. A draft Capital Improvements Element (CIE) 2021 Annual Update was prepared by the city’s impact fee consultant and was reviewed by staff. The 2021 CIE Annual Update contains a financial report for Fiscal Year 2020 and a schedule of impact-fee eligible project improvements for 2022-2026 that is based on the adopted September 21, 2015 CIE. This resolution allows the City to transmit the draft CIE 2021 Annual Update to the Atlanta Regional Commission for Regional and State review. Upon approval by DCA, the City of Milton may adopt the 2021 CIE Annual Update. Adoption is anticipated to occur by October 31, 2021. Funding and Fiscal Impact: None Alternatives: None Legal Review: Paul Frickey, Jarrard & Davis (07-13-2021) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Draft Capital Improvements Element (CIE) 2021 Annual Update for FY 2020 (10/1/19- 9/30/20 (dated 7/27/21); Resolution to Transmit the draft Capital Improvements Element (CIE) Annual Update STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION AUTHORIZING THE TRANSMITTAL OF A DRAFT CAPITAL IMPROVEMENTS ELEMENT 2021 ANNUAL UPDATE TO THE ATLANTA REGIONAL COMMISSION FOR REGIONAL AND STATE REVIEW WHEREAS, the City of Milton previously adopted a Capital Improvements Element as an amendment to the Milton Comprehensive Plan; and WHEREAS, the City of Milton has prepared a 2021 Annual Update to the adopted Capital Improvements Element, which incorporates an impact fee financial report for FY 2020; and WHEREAS, the draft Capital Improvements Element 2021 Annual Update was prepared in accordance with the “Development Impact Fee Compliance Requirements” and the “Minimum Planning Standards and Procedures for Local Comprehensive Planning” adopted by the Department of Community Affairs pursuant to the Georgia Planning Act of 1989, and a duly advertised Public Hearing was held on August 16, 2021, at 6:00 p.m. in the City of Milton City Hall, 2006 Heritage Walk; BE IT THEREFORE RESOLVED that the City Council does hereby authorize the transmittal of the draft Capital Improvements Element 2021 Annual Update (a copy of which is attached hereto as Exhibit “A”) to the Atlanta Regional Commission for Regional and State review, as per the requirements of the Development Impact Fee Compliance Requirements adopted pursuant to the Georgia Planning Act of 1989. RESOLVED this 16th day of August, 2021. _________________________ Joe Lockwood, Mayor Attest: _____________________________ Tammy Lowit, City Clerk Capital Improvements Element 2021 Annual Update Fiscal Year 2020 (10/1/19—9/30/20) Financial Report & Community Work Program City of Milton, Georgia DRAFT: July 27, 2021 Introduction City of Milton 2021 CIE Annual Update __________________ DRAFT 7/27/21 ___________________________________________ page 1 This Capital Improvements Element Annual Update has been prepared based on the rules and regulations pertaining to impact fees in Georgia, as specified by the Devel- opment Impact Fee Act (DIFA) and the De- partment of Community Affairs (DCA) docu- ments Development Impact Fee Compliance Requirements and Standards and Proce- dures for Local Comprehensive Planning. These three documents dictate the essential elements of an Annual Update, specifically the inclusion of a financial report and a schedule of improvements. According to DCA’s Compliance Require- ments, the Annual Update: “must include: 1) the Annual Report on impact fees required under O.C.G.A. 36 - 71-8; and 2) a new fifth year schedule of improvements, and any changes to or re- visions of previously listed CIE projects, including alterations in project costs, pro- posed changes in funding sources, con- struction schedules, or project scope.” (Chapter 110-12-2-.03(2)(c)) This Annual Update itself is based on the City of Milton’s Capital Improvements Ele- ment, as adopted by the City September 21, 2015. 1 Note that DCA’s Compliance Requirements specify that the work program is to meet the requirements of Chapter 110-12-1-.04(7)(a), which is a reference to the work program requirements in a previous version Financial Report The Financial Report included in this document is based on the require- ments of DIFA, specifically: “As part of its annual audit process, a municipality or county shall pre- pare an annual report describing the amount of any development impact fees collected, encumbered, and used during the preceding year by category of public facility and service area.” (O.C.G.A. 36-71-8(c)) The required financial information for each public facility category appears in the main financial table (page 2); each of the public facility categories has a single, city-wide service area. The sta- tus of all impact fee projects, by public facility category, is shown on the ta- bles on pages 3, 4, 5 and 6. The City’s fiscal year runs from Octo- ber 1 to September 30. of the Standards and Procedures for Local Com- prehensive Planning. The correct current de- scription is found at Chapter 110-12-1- Schedule of Improvements In addition to the financial report, the City has prepared a five-year schedule of im- provements—a community work program (CWP)—as specified in DCA’s Compliance Requirements (Chapter 110-12-2- .03(2)(c)), which states that local govern- ments that have a CIE must “update their entire Short Term [i.e., Community] Work Programs annually.”)1. According to DCA’s requirements,2 the CWP must include: A brief description of the activity; Legal authorization, if applicable; Timeframe for undertaking the activity; Responsible party for implementing the activity; Estimated cost (if any) of implementing the activity; and, Funding source(s), if applicable. All of this information appears in the Com- munity Work Program portion of this docu- ment, beginning on page 7. .04(2)(b)1. 2 Chapter 110-12-1-.03(3). Financial Report City of Milton 2021 CIE Annual Update _________________ DRAFT 7/27/21 ____________________________________________ page 2 IMPACT FEES FINANCIAL REPORT – CITY OF MILTON, GA Fiscal Year 2021 City of Milton Public Facility Parks & Recreation Fire Protection Law Enforcement Roads Adminis- tration 1 TOTAL Impact Fee Fund Balance October 1, 2019 2,492,082.07$ 253,632.65$ 60,012.33$ 165,135.46$ 33,331.34$ 3,004,193.85$ Impact Fees Collected (October 1, 2019 through September 30, 2020)658,800.60$ 60,593.16$ 10,574.32$ 76,354.25$ 24,190.03$ 830,512.36$ Subtotal: Fee Accounts 3,150,882.67$ 314,225.81$ 70,586.65$ 241,489.71$ 57,521.37$ 3,834,706.21$ Accrued Interest 1,467.32$ 130.83$ 22.81$ 163.90$ 53.55$ 1,838.41$ (Impact Fee Refunds)-$ -$ -$ -$ -$ -$ (Expenditures)(895,335.99)$ -$ (70,012.11)$ (234,135.38)$ (8,452.00)$ (1,207,935.48)$ Impact Fee Fund Balance September 30, 2020 2,257,014.00$ 314,356.64$ 597.35$ 7,518.23$ 49,122.92$ 2,628,609.14$ Impact Fees Encumbered 2,257,014.00$ 314,356.64$ 597.35$ 7,518.23$ 49,122.92$ 2,628,609.14$ Annual Impact Fee Financial Report - Fiscal Year 2020 1 3% of the fees collected for the public facility categories represents 99.999% of the collected Adminstration fees due to a rounding error in the automated collection system. The 36₵, which is an overage of only .001%,will be accounted for in next year's report. Financial Report City of Milton 2021 CIE Annual Update _________________ DRAFT 7/27/21 ____________________________________________ page 3 Public Facility: Responsible Party:Parks and Recreation Department Service Area: Project Description Project Start Date Project End Date Local Cost of Project* Maximum % of Funding from Impact Fees Max Funding from Impact Fees* FY 2020 Impact Fees Expended Impact Fees Expended (Previous Years) Total Impact Fees Expended to Date Impact Fees Encumbered Status/Remarks Park Land (455 acres)2017 2035 68,665,646.59$ 67.39%46,275,786.85$ 895,335.99$ 856,396.45$ 1,751,732.44$ $ 1,209,192.00 Trailhead Park, Mayfield Farm Park, Milton County Club, Cox Road Complex Conservation Easements (2747 ac)2017 2035 37,687,219.02$ 41.44%15,616,326.67$ -$ -$ Land for Trails (110 acres)2017 2035 22,637,026.35$ 41.39%9,369,796.00$ -$ -$ Baseball Fields (8)2022 2035 2,416,978.76$ 63.80%1,541,931.23$ -$ 12,760.00$ 12,760.00$ BUMC baseball field lease Football/Soccer/Lacrosse (2)2022 2035 277,625.94$ 89.85%249,433.52$ -$ -$ 1,017,108.00$ Basketball Courts (11)2023 2035 898,201.57$ 42.18%378,852.88$ -$ -$ Playgrounds (Structured) (34)2020 2035 1,665,755.63$ 42.89%714,408.29$ -$ 21,445.00$ 21,445.00$ Broadwell Park Picnic Shelters / Pavilions (34)2022 2035 4,997,266.90$ 42.89%2,143,224.88$ -$ -$ Community Centers (4)2023 2035 2,605,646.33$ 42.53%1,108,195.49$ -$ -$ Multi-Use Trails (90.76 miles)2020 2035 62,195,885.85$ 42.48%26,419,298.43$ -$ -$ 30,714.00$ 204,047,252.94$ 103,817,254.24$ $895,335.99 890,601.45$ 1,785,937.44$ 2,257,014.00$ *All costs are Net Present Value per CIE adopted September 21, 2015. Maximum funding based on percent impact fee eligible. When impact fees are initially calucated for proposed projects, they are based on estimated costs, and the percentage of the estimate that is impact fee eligible is calculated based on the Level of Service standards in the Capital Improvements Element, which yielded the proportion of the project that is required to meet the needs of future growth and develop- ment. When a project is completed, the actual cost is then known and, based on the percent eligible for impact fee funding, the actual amount of impact fee collections that can be expended on the project is revised accordingly so that the proportional share of the project attributable to new growth and development is not exceeded. NOTE: For projects that are not 100% impact fee funded, funding may be provided from the General Fund, the Capital Projects Fund or other local taxation sources, as determined during the annual budget adoption process. Parks and Recreation City-Wide Financial Report City of Milton 2021 CIE Annual Update _________________ DRAFT 7/27/21 ____________________________________________ page 4 Public Facility: Responsible Party:Fire Department / Administration Service Area: Project Description Project Start Date Project End Date Local Cost of Project* Maximum % of Funding from Impact Fees Max Funding from Impact Fees* FY 2020 Impact Fees Expended Impact Fees Expended (Previous Years) Total Impact Fees Expended to Date Impact Fees Encumbered Status/Remarks Emergency Warning Sirens 2014 2035 216,329.00$ 41.44%89,646.74$ -$ -$ Recoupment costs for existing sirens Storage Facility 2017 2019 267,096.40$ 100.00%267,096.40$ -$ 40,251.00 40,251.00$ -$ Completed Fire Station 42 Replacement 2020 2022 1,389,243.43$ 40.00%555,697.37$ -$ -$ 314,356.64$ Training Facility 2017 2017 430,176.66$ 100.00%430,176.66$ -$ 50,000.00$ 50,000.00$ Completed Westside Fire Station 2024 2026 1,501,562.50$ 100.00%1,501,562.50$ -$ -$ Hwy 9 Fire Station 2017 2020 1,194,623.89$ 66.67%796,455.75$ -$ -$ Completed General Vehicle 2015 2015 38,609.80$ 100.00%38,609.80$ -$ -$ Completed Heavy Vehicle 2016 2016 453,066.46$ 100.00%453,066.46$ -$ -$ Completed General Vehicle 2022 2022 39,442.62$ 100.00%39,442.62$ -$ -$ Heavy Vehicle 2018 2018 462,839.28$ 100.00%462,839.28$ -$ -$ Completed General Vehicle 2022 2022 40,725.67$ 100.00%40,725.67$ -$ -$ Heavy Vehicle 2022 2022 477,895.17$ 100.00%477,895.17$ -$ -$ Completed General Vehicle 2024 2024 42,050.45$ 100.00%42,050.45$ -$ -$ Heavy Vehicle 2024 2024 493,440.83$ 100.00%493,440.83$ -$ -$ Heavy Vehicle 2027 2027 509,492.17$ 100.00%509,492.17$ -$ -$ General Vehicle 2029 2029 43,884.11$ 100.00%43,884.11$ -$ -$ Heavy Vehicle 2030 2030 526,065.66$ 94.36%496,408.38$ -$ -$ General Vehicle 2033 2033 45,797.72$ 94.36%43,215.84$ -$ -$ Heavy Vehicle 2033 2033 543,178.27$ 0.00%-$ -$ -$ General Vehicle 2034 2034 47,287.49$ 0.00%-$ -$ -$ 8,762,807.58$ 6,781,706.20$ -$ 90,251.00$ 90,251.00$ 314,356.64$ *All costs are Net Present Value per CIE adopted September 21, 2015. Maximum funding based on percent impact fee eligible. When impact fees are initially calucated for proposed projects, they are based on estimated costs, and the percentage of the estimate that is impact fee eligible is calculated based on the Level of Service standards in the Capital Improvements Element, which yielded the proportion of the project that is required to meet the needs of future growth and develop- ment. When a project is completed, the actual cost is then known and, based on the percent eligible for impact fee funding, the actual amount of impact fee collections that can be expended on the project is revised accordingly so that the proportional share of the project attributable to new growth and development is not exceeded. NOTE: For projects that are not 100% impact fee funded, funding may be provided from the General Fund, the Capital Projects Fund or other local taxation sources, as determined during the annual budget adoption process. NOTE: For projects that have been completed and paid for (or are not eligible for impact fee funding), the cells in the "FY2020 Impact Fees Expended" column are shaded out, indicating that no impact fees or additional impact fees will be expended on those projects. Vehicles Fire Protection City-wide Facilities Financial Report City of Milton 2021 CIE Annual Update _________________ DRAFT 7/27/21 ____________________________________________ page 5 Public Facility: Responsible Party:Police Department / Administration Service Area: Project Description Project Start Date Project End Date Local Cost of Project* Maximum % of Funding from Impact Fees Max Funding from Impact Fees* FY 2020 Impact Fees Expended Impact Fees Expended (Previous Years) Total Impact Fees Expended to Date Impact Fees Encumbered Status/Remarks Law Enforcement Center, Phase 1 2016 2017 30,947.62$ 41.44%12,825.42$ -$ - -$ Completed Law Enforcement Center, Phase 2 2018 2018 1,729,358.54$ 41.44%716,686.51$ -$ - -$ Completed Law Enforcement Center, Phase 3 2019 2022 2,738,978.49$ 41.44%1,135,096.56$ 70,012.11$ - 70,012.11$ 597.35$ Police building 4,499,284.65$ 1,864,608.49$ 70,012.11$ -$ 70,012.11$ 597.35$ *All costs are Net Present Value per CIE adopted September 21, 2015. Maximum funding based on percent impact fee eligible. When impact fees are initially calucated for proposed projects, they are based on estimated costs, and the percentage of the estimate that is impact fee eligible is calculated based on the Level of Service standards in the Capital Improvements Element, which yielded the proportion of the project that is required to meet the needs of future growth and develop- ment. When a project is completed, the actual cost is then known and, based on the percent eligible for impact fee funding, the actual amount of impact fee collections that can be expended on the project is revised accordingly so that the proportional share of the project attributable to new growth and development is not exceeded. NOTE: For projects that are not 100% impact fee funded, funding may be provided from the General Fund, the Capital Projects Fund or other local taxation sources, as determined during the annual budget adoption process. Law Enforcement City-wide Financial Report City of Milton 2021 CIE Annual Update _________________ DRAFT 7/27/21 ____________________________________________ page 6 Public Facility: Responsible Party:Public Works Service Area: Project Description Project Start Date Project End Date Local Cost of Project* Maximum % of Funding from Impact Fees Max Funding from Impact Fees* FY 2020 Impact Fees Expended Impact Fees Expended (Previous Years) Total Impact Fees Expended to Date Impact Fees Encumbered Status/Remarks Intersection-Hopewell/Francis/Cogburn 2014 2014 992,103.00$ 40.1%397,918.39$ -$ -$ Complete Intersection-Deerfield Pkwy @ Morris Rd 2014 2014 85,206.00$ 40.1%34,174.91$ -$ -$ Complete Intersection-Bethany @ Cogburn 2014 2014 446,923.00$ 40.1%179,254.45$ -$ -$ Complete Intersection-Arnold Mill @ New Providence 2014 2014 313,300.00$ 40.1%125,660.17$ -$ -$ Complete Intersection-Birmingham @ Providence 2014 2014 852,581.00$ 40.1%341,958.10$ -$ -$ Complete Intersection-Hopewell @ Birmingham**2015 2015 1,700,234$ 40.1%681,939.66$ -$ 96,000.00$ 96,000.00$ Complete Intersection-Crabapple @ Birmingham 2014 2018 1,353,263.94$ 40.1%542,774.90$ -$ -$ Complete Transportation Master Plan Update 2015 2016 231,044.84$ 40.1%92,668.80$ -$ -$ Complete McGinnis Ferry Interchange 2015 2015 51,343.30$ 40.1%20,593.07$ -$ -$ Forsyth/GDOT to fund interchange, City to tie in with the Morris Rd widening project Crabapple NE Connector Rd 2017 2020 2,581,434.50$ 40.1%1,035,376.64$ -$ -$ Complete Bridge Replacement Program 2014 2035 2,445,358.07$ 40.1%980,798.32$ -$ -$ 7,518.23$ Ongoing Program Intersection-Freemanville @ Providence/B'ham 2015 2022 2,409,375.80$ 40.1%966,366.34$ 234,135.38$ 205,961.08$ 440,096.46$ Phase 1 Complete Phase 2 in 2022 Intersection-SR9 @ Bethany Bend 2014 2026 173,168.05$ 40.1%69,455.24$ -$ -$ GDOT to fund short term and long term improvements Intersection-Webb Rd Turn Lanes 2015 2015 189,970.20$ 40.1%76,194.34$ -$ -$ Complete Intersection-Bethany @ Providence 2016 2023 1,794,032.06$ 40.1%719,560.72$ -$ -$ Intersection-Hopewell @ Bethany Bend/ Way 2015 2022 3,346,503.60$ 40.1%1,342,234.96$ -$ -$ Intersection-Hopewell @ Redd Road 2015 2024 123,223.91$ 40.1%49,423.36$ -$ -$ Phase 1 Complete Phase 2 in 2024 Intersection-Hopewell @ Hamby 2020 2022 1,412,239.23$ 40.1%566,429.05$ -$ -$ Intersection-Hopewell @ Thompson 2021 2022 1,439,668.46$ 40.1%577,430.53$ -$ -$ Crabapple SE Connector 2025 2025 180,587.44$ 40.1%72,431.05$ -$ -$ Concept study to determine future costs Hopewell/Hamby Road Widening 2030 2030 7,991,049.35$ 40.1%3,205,096.16$ -$ -$ Morris Road Widening 2024 2024 9,125,056.76$ 40.1%3,659,930.39$ -$ -$ 39,237,666.52$ 15,737,669.56$ 234,135.38$ 301,961.08$ 536,096.46$ 7,518.23$ *All costs are Net Present Value per CIE adopted September 21, 2015, except as noted with " ** ", which are actual costs. Maximum funding based on percent impact fee eligible. When impact fees are initially calucated for proposed projects, they are based on estimated costs, and the percentage of the estimate that is impact fee eligible is calculated based on the Level of Service standards in the Capital Improvements Element, which yielded the proportion of the project that is required to meet the needs of future growth and develop- ment. When a project is completed, the actual cost is then known and, based on the percent eligible for impact fee funding, the actual amount of impact fee collections that can be expended on the project is revised accordingly so that the proportional share of the project attributable to new growth and development is not exceeded. **Actual cost figures related to impact fee funding shown for this project. NOTE: For projects that are not 100% impact fee funded, funding may be provided from the General Fund, the Capital Projects Fund or other local taxation sources, as determined during the annual budget adoption process. NOTE: For projects that have been completed and paid for (or are not eligible for impact fee funding), the cells in the "FY2020 Impact Fees Expended" column are shaded out, indicating that no impact fees or additional impact fees will be expended on those projects. Roads City-wide Community Work Program City of Milton 2021 CIE Annual Update ______________ DRAFT 7/27/21 ______________________________________ page 7 The following listing of impact fee projects is submitted as part of this CIE Annual Update report, updated to cover the 5-year period 2022-2026, and thereby amends the master Community Work Program (CWP) in the Comprehensive Plan. 2022-2026 Community Work Program – Impact Fee Eligible Projects Project Description 20222023202420252026Responsible Party Cost Estimate Funding Sources Notes/ Explanation Parks & Recreation Continue land acquisition program for park lands x x x x x Parks and Recreation $3,614,000 estimated annual average 67.39% Impact Fees; Bond Issue On-going debt service to bonds Continue acquisition program for conservation easements and multi-use trails x x x x x Parks and Recreation $3,175,000 estimated annual average 41.44% Impact Fees for conservation easements; 41.39% Impact Fees for multi- use trails; Bond issue On-going debt service to bonds Construction of multi-use trails x x x x x Parks and Recreation / Public Works $3,273,000 estimated annual average 42.48% Impact Fees; General Fund On-going annually Design and improve Providence Park: 1 Playground (structured) 1 Pavilion / Picnic Shelter 1 Multi-Use Trail (1 mi. est.) 4 Baseball Fields x x x x Parks and Recreation $1,208,489 63.79% impact fees; General Fund 4 fields total to be constructed over several years Parks and Recreation $881,250 42.89% Impact Fees for playground and pavilion/picnic shelter; 42.48% Impact Fees for trail; General Fund x x Community Work Program City of Milton 2021 CIE Annual Update ______________ DRAFT 7/27/21 ______________________________________ page 8 Project Description 20222023202420252026Responsible Party Cost Estimate Funding Sources Notes/ Explanation Parks & Recreation con't 2 Football/Soccer/Lacrosse x Parks and Recreation $277,626 89.85% impact fees; General Fund 2 Basketball Courts x x Parks and Recreation $163,309 42.18% impact fees; General Fund 1 Playground (Structured)x Parks and Recreation $21,012 42.89% impact fees; General Fund 1 Picnic Shelter / Pavilion x Parks and Recreation $63,036 42.89% impact fees; General Fund Design and construct a community center x x x Parks and Recreation $651,412 42.53% Impact Fees; General Fund Preparation of concept plans could begin in 2023 Fire Replace Fire Station 42 x Fire/ Administration $1,389,243 40% impact fees; General Fund Completion in 2022 Construct Westside Fire Station x x x Fire/ Administration $1,501,562 66.67% impact fees; General Fund Completion anticipated in 2026 Purchase heavy vehicle x Fire/ Administration $477,895 100% impact fees Purchase general vehicle (2)x Fire/ Administration $80,168 100% impact fees Purchase heavy vehicle x Fire/ Administration $493,441 100% impact fees Purchase general vehicle x Fire/ Administration $42,050 100% impact fees Police Design and construct Law Enforcement Center x Police/ Administration $4,499,285 41.44% impact fees; General Fund Community Work Program City of Milton 2021 CIE Annual Update ______________ DRAFT 7/27/21 ______________________________________ page 9 Project Description 20222023202420252026Responsible Party Cost Estimate Funding Sources Notes/ Explanation Roads Bridge Replacement Program x x x x x Public Works $2,445,358 40.1% impact fees; TSPLOST Annual improvements Intersection-Freemanville @ Providence & B'ham x Public Works $2,409,376 40.1% impact fees; TSPLOST To be completed in phases; Phase 1 completed in 2019 (Freemanville@Providence), Phase 2 to be completed in 2022 Intersection-Bethany @ Providence x x Public Works $1,794,032 40.1% impact fees; TSPLOST Intersection-Hopewell @ Hamby x Public Works $1,412,239 40.1% impact fees; TSPLOST Intersection-Hopewell @ Thompson x Public Works $1,439,668 40.1% impact fees; TSPLOST Intersection-Hopewell @ Bethany Bend/Bethany Way x Public Works $3,346,504 40.1% impact fees; TSPLOST Intersection-Hopewell @ Redd Road x x x Public Works $123,224 40.1% impact fees; TSPLOST Phase 1 complete, Phase 2 to be completed in 2024 Crabapple SE Connector x Public Works $180,587 40.1% impact fees; General Fund Concept Study to determine future costs Morris Road Widening x Public Works $9,125,057 40.1% impact fees; TSPLOST CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 10, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Final Plat. MEETING DATE: Monday, August 16, 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 August 16, 2021 X X To: Honorable Mayor and City Council Members From: Robert Buscemi, Community Development Director Date: Submitted on August 9, 2021 for the August 16, 2021 Regular Council Meeting Agenda Item: Consideration of Final Plat ____________________________________________________________________________ Department Recommendation: To approve the final plat as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. 1. The Final Plat for Lyndon Creek described herein consists of eleven (11) lots developed on a total of 14.33 acres located on Cogburn Road. Lot sizes range from 1.00 – 1.69 acres Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager New Business Agenda Plats Staff Memo Page 2 of 5 Attachment(s): Plat List, Location Map, Plats Name of Development / Location Action Comments / # lots Total Acres Density 1. Lyndon Creek Cogburn Road LL 690 & 751 Dist. 2 Sect. 2 Final Plat 11 Single-Family Lots 14.33 Acres 0.77 lots / Acre New Business Agenda Plats Staff Memo Page 3 of 5 New Business Agenda Plats Staff Memo Page 4 of 5 New Business Agenda Plats Staff Memo Page 5 of 5