CITY OF GAINESVILLE INSURANCE MATRIX

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1 Appendix A

2 CITY OF GAINESVILLE INSURANCE MATRIX Type of Insurance Onsite Repair of Equipment or Property Small Projects (Renovation, Maintenance, Repair of Buildings), Tree Pruning, and Property Beautification Janitorial Sevices Lease or Use of City Facilities or Properties by Others Lease or Loan Equipment to others Licensed Professional Services (legal, accounting, A/E, medical) Consultant Services Construction Projects (Buildings, Roads, Infrastructure, etc.), Tree Cutting and other high-risk jobs - SEE RISK MANAGER Commercial General Liability Each Occurance $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 - Personal & Advertising Injury $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 - Medical Expense Any One Person $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 - Damage to Rented Premises $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 - General Aggregate $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 - Products (Completed / Operations Aggregate) $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 - Damage to others' property in your care, custody &control CCC Endorsement Auto Liability (Incl bodily injury & property damage) - Combined Single Limit per Accident - Any Auto (owned, hired & non-hired) $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 - Excess / Umbrella Liability Each Occurrence $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 - Aggregate $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 - Workers Compensation and Employers Liability WC - Each Employee Statutory Statutory Statutory Statutory Statutory Statutory Statutory Employer's Liability - Each Employee $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 - Employer's Liability - Each Accident $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 - Professional Liability (errors,ommissions,malpractice) - Each Claim N/A N/A N/A N/A N/A $1,000,000 $1,000,000 - NOTES: A) The City of Gainesville to be named as Additional Insured on a Primary/Non-contributory basis on all coverage except workers compensation and professional liability. B) A waiver of subrogation in favor of The City of Gainesville is to be added to all policies except professional liability. C) The Per occurrence and Aggregate limits for specified should apply on a per location or per project basis - If you have questions or you are unsure please see Risk Manager D) Automobile Liability Coverage is required IF an automobile is used in the execution of their contract. E) Umbrella should follow form (shall provide coverages at least as broad as specified for the underlying coverages & covering those insured in the underlying policies) F) For Licensed Professional Services and Consultant Services: Excess/Umbrella and Liability coverage may increase dependent upon scope of work. See Risk Manager with any Questions

3 Appendix B

4 CITY OF GAINESVILLE GROUNDS CARE FOR CITY GOVERNMENT & INDUSTRIAL PARKS BID BREAKDOWN FORM GROUNDS CARE AT CITY GOVERNMENT BUILDINGS AND INDUSTRIAL PARKS MAY, 2017 Date: The undersigned, after having carefully examined the Bidding Documents entitled Grounds Care at City Government Buildings and Industrial Parks and all it's addenda listed below, and after making a thorough on-site inspection of all locations shown on the area map, hereby proposes to furnish all services, labor, materials, and equipment necessary to provide the grounds care in strict conformance with the terms, conditions, provisions, specifications, and drawings as set forth in the Bidding Documents, the following bid amounts are detailed below. 1) Yearly Government Complex: $ (see note below) 2) Yearly Community Service Center: $ 3) Yearly Public Safety Complex $ 4) Yearly Hall Area Transit: $ 5) Yearly Traffic Building: $ 6) Yearly Police Firing Range: $ 7) Yearly Fire Station 3 $ 8) Yearly Fire Station 4 $ 9) Total for Sign Planting at CSC: $ 10) Total for Exit 20 Maintenance $ The City Government Complex consists of : The City Administration Building

5 CITY OF GAINESVILLE GROUNDS CARE FOR CITY GOVERNMENT & INDUSTRIAL PARKS BID BREAKDOWN FORM The Henry Ward Building Old City Hall The Brenau Center Main Street Square, the Belk s lot, Main Street Parking Lot and Maple Street Parking Lot. Industrial Parks 1) Yearly Airport Industrial Park: $ 2) Yearly Atlas Circle Business Park: $ 3) Yearly Industrial Park North: $ 4) Yearly Industrial Park South: $ 5) Yearly Industrial Park West: $ 6) Yearly Gainesville Industrial Park: $ Yearly Industrial Parks Total: $ Yearly Total Contract Amount: $ END OF SECTION

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20 Appendix D

21 CITY OF GAINESVILLE GENERAL CONDITIONS 1. SCOPE OF THE WORK & QUALIFICATIONS: The scope of the work shall be to provide grounds care service as specified in the Minimum Standards of Service (attached hereto) as part of this bidding and contract document. Due to the extensive area and scope of this contract it is essential that the contractor be adequately staffed and experienced in order to be able to comply with the specifications. References of equivalent ongoing contracts will be required of any potential contractor. The Owner reserves the right to disallow bids from Contractors who cannot prove their capability to perform this work as per the specifications. 2. AREAS COVERED UNDER THIS CONTRACT: The areas covered under this contract shall be the City Government Complex Area (see next paragraph), Public Safety Complex, Gainesville Connection building (formally Hall Area Transit), Fire Station 3 & 4, Traffic Building, Community Service Center (Carol Lundy Center), Police Firing Range, Exit 20 and six (6) Industrial Parks as shown highlighted on the attached area maps. The City Government Complex landscape maintenance areas are: The City Administration Building, the landing around the Bridge between City Hall and the Brenau Center, the Brenau Center and Parking Deck, Roosevelt Square, City Hall, the Main Street Parking Lot, Maple Street Parking Lot, Main Street Square, Main Street in front of the Parking Deck and the Henry Ward Building. Areas include all adjacent City owned parking lots. The six (6) Industrial Parks are: Airport Industrial Park, Atlas Circle Industrial Park, Industrial Park North, Industrial Park South, Industrial Park West and Gainesville Industrial Park. Exit 20 maintenance area are: 3 landscaped areas coming of the exit ramp & the trees planted on the West side of Candler Hwy. It shall be the responsibility of the bidder to conduct a thorough on-site inspection of the areas covered under this contract so as to familiarize himself/herself with the conditions of the grounds as well as the extent of the areas to be covered prior to the preparation and submission of a bid. Please contact Todd Beebe for site tours as needed. 3. PERMITS, LICENSES AND INSURANCE:

22 CITY OF GAINESVILLE GENERAL CONDITIONS It shall be the responsibility of the contractor to secure all permits, licenses and insurance as may be required by Federal, state or local government laws, ordinances or rules and regulations. Insurance shall meet the City of Gainesville s requirements as listed on the insurance Matrix. The successful Contractor shall present a copy of their State Pesticide Contractor s License before contract execution. 4. SUBCONTRACT: The Contractor shall not sublet to any subcontractor any part of the regular maintenance work. Installations or other extra cost work may be subcontracted with written authorization from the Owner. In case any part of the work is approved by the owner for the contractor to sublet, the contractor shall require his subcontractor to secure and maintain all licenses, permits, and insurance as specified in Article 3, above. Proof of such licenses, permits, and insurance shall be submitted to the owner prior to the execution of any work by any subcontractor. 5. RIGHT OF THE OWNER TO TERMINATE CONTRACT: In the event that any of the provisions of this contract are violated by the contractor, or by any of his subcontractors, the owner may serve written notice upon the contractor of the owner s intention to terminate the contract. Such notice is to contain the reasons for such intention to terminate the contract, and unless within five (5) working days after serving of such notice upon the contractor, such violation or delay shall cease and satisfactory arrangement or correction be made, the contract shall, upon the expiration of said five (5) working days, cease and terminate. 6. CONTRACT S LENGTH OF TIME: The Contract for the service shall start on or around July 1, 2017 ending June 30, At the end of this contract period, the City can renew the contract for up to 2 additional twelve (12) month periods of time if the work performed has been satisfactory. 7. BID FORM: All bids shall be submitted using the attached Bid Forms. Bids submitted in forms other than the attached official bid form shall be disqualified and rejected. 8. SOIL AND DISEASE TESTING:

23 CITY OF GAINESVILLE GENERAL CONDITIONS The contractor shall be responsible for all costs associated with soil and plant disease testing. Turf and soil tests shall be performed as needed to keep the planting material in good condition. Perform plant disease testing as needed. Soil and disease lab results shall be submitted to the City for review with pricing of recommended action. 9. CONTRACT PRICE AND PAYMENT: a. The bid forms, completely filled out, shall be accepted by the City and shall include the cost for all labor, materials, equipment, tools, incidental expenses, overhead and profit for the performance of the contract. The basis for contractor selection shall be determined by the total annual basic services price, experience and references. b. Payment for the contract shall be made on a monthly basis. Each payment shall equal one-twelfth of the lump sum annual contract price. The contractor shall submit his invoice on the first business day of the month requesting payment for service of the previous month. Payment shall be made to the contractor within twenty (21) calendar days of the receipt of the invoice. 10. COMPLIANCE WITH GEORGIA LABOR RULE The successful contractor will be required to sign the City s affidavit verifying compliance with O.C.G.A and Georgia Dept. of Labor Rule and that the contractor has been issued a Federal Basic Pilot Program User ID Number. END OF SECTION

24 Appendix E

25 CITY OF GAINESVILLE CITY WIDE GROUNDS CARE SUPPLEMENTARY CONDITIONS MINIMUM STANDARDS OF SERVICE CITY GOVERNMENT BUILDINGS GROUNDS CARE PROGRAM The following minimum standards of service shall be followed for the duration of the contract. Any proposed variation of service must be submitted in writing at least seven days before the bid opening. These specifications are specific to Full Maintenance Locations, Traffic Building, Fire Stations 3 &4, Police Firing Range, and Industrial Parks. The areas to be maintained are as shown on the Landscape Maintenance Plans and City Complex Plan B. The contractor shall maintain outside the all the streetscape landscaping including across the streets on all four sides and the former Belk s parking lot. Include sidewalks, planting beds and parking spaces along this perimeter. This area has two irrigation systems and the Contractor is to manage the time clock settings for each season and insure the system is winterized in order to avoid freezing and subsequent damage to system. The City and Contractor is responsible for the eastern half of the Community Service Center (Carol Lundy Center). The boundary in the front is the main center entry and in the rear the courtyard. This area includes the parking lot and landscaping adjacent to Prior Street and the Senior Center. All other building locations are to the property line or fence with the exception of Hall Area Transit which includes the landscaping outside the fence along the creek and the north property line. 1. TURF MAINTENANCE a. Mowing b. Trimming 1) Fescue will be mowed every seven days. Height of cut shall be ) Bermuda will be mowed every seven days. Rotary mower is acceptable if blades are sharp. Height of cut shall be ) Excess clippings will be collected and properly disposed of offsite. No disposal is allowed in City dumpsters. Curbs, walks and streets shall be blown off after each mowing. 4) Public Safety Complex only The steep hills shall be cut or trimmed monthly during the growing season. These hills are the pecan tree hill, the Police parking lot slope and the outside the fence slopes on the east and south boundaries. 1) Trimming shall be provided with a string trimmer for obstacles and inaccessible areas and will correspond with the mowing schedule.

26 CITY OF GAINESVILLE CITY WIDE GROUNDS CARE SUPPLEMENTARY CONDITIONS c. Edging d. Aerating 1) All curbs, walks and paved areas shall be edged with a steel blade edger every two weeks. Tree beds and shrub beds, buildings and other perimeter areas should be edged with herbicides. 1) Warm season grasses will be aerated from mid-march through June. Cool season grasses will be cored from early September through November. e. Over-seeding 1) Cool season grasses will be reseeded from early September through December. f. Liming Requirements 1) As per soil analysis. Apply at times recommended by industry practices. g. Lawn Fertilizer & Weed Control 1) Fescue & Bermuda: Apply balanced slow release fertilizer 3 times per year. Apply pre and post-emergence at industry recommended times. h. Disease Control i. Insect Control 1) As needed. Apply at times recommended by industry practices. 1) As needed. Apply at times recommended by industry practices. j. Soil Testing 1) Soil tests shall be performed as needed to determine fertilization and lime requirements. 2. SHRUBBERY, TREES, PLANTING BEDS, NATURAL AREAS, GROUNDS COVER, VINES AND ORNAMENTALS a. Fertilization and Lime 1) Shrubs and small trees shall be fertilized once per year if the plant has matured and three times a year to encourage growth at rates as determined by

27 CITY OF GAINESVILLE CITY WIDE GROUNDS CARE SUPPLEMENTARY CONDITIONS soil tests if the plantings are still filling out. Fertilizer shall be slow release ornamental type. 2) Soil tests shall be performed as needed to determine fertilization and lime requirements. 3) Lime shall be applied as per required per soil testing. b. Trimming and Pruning For all shrubs and trees under 4 caliper or 12 in height except as noted. 1. All plant materials shall receive light pruning as needed during the growing season to shape, maintain plant size, encourage new growth and remove deadwood. 2. Severe or heavy pruning shall be performed during dormant months (late February or early March). 3. Weeds shall be controlled and removed in these mulch areas as needed. 4. Trees over 4 caliper shall be trimmed when side or overhanging branches impede pedestrian traffic. b. Mulching c. Fungicides 1) Pine straw shall be installed to all planting beds and natural areas once per year. The major mulch application shall be made during the dormant season after fall leaf drop. Subsequent mulch applications shall be made throughout the remainder of the year to cover bare spots and provide uniform coverage as needed. At all times mulch will be sufficient to inhibit erosion and weeds and to not expose soil. 1) Plant diseases shall be monitored and reported to the Owner and controlled with the appropriate chemicals at additional cost to the Owner. d. Insecticides 1) Insect problems shall be monitored and reported to the Owner with preventive spraying utilizing approved insecticides at additional cost to the Owner.

28 CITY OF GAINESVILLE CITY WIDE GROUNDS CARE SUPPLEMENTARY CONDITIONS e. Fire Ant Control 1) Insecticide treatments for fire ant control shall be applied in the spring and fall to all lawn areas, planting beds and natural areas. 3. OTHER SERVICES a. Leaves b. Litter 1) Leaves shall be collected and disposed of off-site during the leaf season. Leaves during the rest of the year will be blown into mulch areas from sidewalks and parking areas. 1) The grounds and parking lots shall be policed for litter on every visit. This is a year round schedule the same as the mowing schedule- once a week. 2) The parking lots and sidewalks shall be blown and or vacuumed each visit to remove debris. 3) Minor storm damage such as individual tree branches shall be removed by the Contractor. 4) The parking lots include the following: Old Belk's Lot - The parking lot located between Spring Street and the City parking deck. Include the parking spaces along Spring Street. Main Street Square - Include sidewalks, planting beds and parking spaces and interior of the Square and across the four adjacent streets. Main Street from the Square to the two City owned parking lots listed below. Main Street parking lot (corner of Main & Broad). Maple Street parking lot (corner of Maple & Broad). Public Safety Complex all pavement City Hall rear parking lot Henry Ward Building Both lots. Community Service Center (Carol Lundy Center) The East side parking lot. Hall Area Transit Building All parking lots. Traffic Building parking and yard paving

29 CITY OF GAINESVILLE CITY WIDE GROUNDS CARE SUPPLEMENTARY CONDITIONS c. Herbicide Applications d. Safety 1) There shall be weed control in all sidewalks, curbs and paved areas, including the parking lots at the Brenau Center, Belk's Lot, City Hall, Henry Ward Building and Public Safety Complex. In addition it will be used at obstacles in order to prevent damage by trimmers. 1) The contractor shall be responsible for proper personnel safety practices. All equipment, materials, and labor practices shall comply with all Federal, State and local safety and health standards, including the Georgia Department of Agricultural Pesticide Use and Application Rules. 2) The contractor shall present a copy of State License to Apply Pesticides at time of bid submittal. e. Inspection 1) The contractor shall be subject to inspection at all times by duly authorized City personnel for conformance with the specifications. f. Disposal of Yard Waste 1) The contractor shall be responsible for disposal of all yard waste and trimmings. Dumpsters shall not be used for disposal of any yard wastes. ADDITIONAL SERVICES a. Additional services are services in addition to and/or supplementing the basic services defined in Sections I through III. Any additional services shall be added to the base service agreement by addendum or change order. 5. FULL MAINTENANCE LOCATIONS a) The Public Safety Complex 701 Queen City Parkway & 725 Pine Street b) The City Administration Building 300 Henry Ward Way c) The Brenau Center 310 Main Street d) Roosevelt Square Between City Administration Building and the Brenau Center e) City Hall 117 Jesse Jewel Parkway f) The Main Street Parking Lot Corner of Jesse Jewel and Main Street, see notes under Section 3, Paragraph b g) The Maple Street Parking lot- Corner of Jesse Jewel and Maple Street., see notes under section 3, Paragraph b

30 CITY OF GAINESVILLE CITY WIDE GROUNDS CARE SUPPLEMENTARY CONDITIONS h) Main Street Square Downtown square with statue i) The Henry Ward Building 311 Henry Ward Way j) The Community Service Center (Carol Lundy Center) 430 Prior Street k) Hall Area Transit Building 687 Main Street 6. TRAFFIC BUILDING Located at 1039 Hancock Avenue a) Grassing shall be mowed, trimmed, litter picked up and blown once a week during the growing season. During the off season weekly visits will be made for litter pickup and blowing off organic debris. No other work. b) On all visits litter will be policed up from the grounds and parking lots and the sidewalks and parking lots will be blown free of organic debris. c) The location is: 1039 Hancock Avenue; cut outside the fence and halfway between side wall and adjacent building. 7. POLICE FIRING RANGE Located at 1645 Fulenwinder Road a) Visits will be every two weeks April through October and once a month November through March. b) Entrance drive will be mowed ten feet on each side of road each visit. c) Mow all Bermuda and mixed turf at Firing Range. d) Edge walks and trim inaccessible areas. e) Spray weeds in pavement cracks and gravel areas. f) Power blow paved areas each visit. g) Apply three pre/post treatments to all Bermuda turf. h) Apply four fertilizations to all Bermuda turf. 8. FIRE STATION 3 & 4 Station 3 located at 3335 Nancy Creek Road. (Approx. 4,500 sq. ft. of Bermuda) Station 4 located at 2163 Memorial Park Drive. (Approx. 75,000 sq. ft. of Bermuda) a) Perform standard yearlong weed control and fertilizer program for Bermuda turf at each station- (minimum 4 applications of slow release fertilizer and 3 pre and post weed treatments as per industry standards). No other work required.

31 CITY OF GAINESVILLE CITY WIDE GROUNDS CARE SUPPLEMENTARY CONDITIONS 1. TURF MAINTENANCE INDUSTRIAL PARK RIGHT-OF-WAY MAINTENANCE Definition of Maintained Areas: In general the maintenance areas are the entrance plantings and or pylon and the frontages on unoccupied property within the park. Land that has been sold or leased is maintained by the occupant. The attached maps of the park shows the limits of the parks boundaries. Mowing: Once every two weeks during the growing season and as needed during the winter. Height of cut should be 3-4. As needed (if blocking sunlight to turf) excess clippings will be collected and properly disposed. Curbs, walks and streets shall be blown off after each mowing. Trimming: Edging: Reseeding: Trimming should be provided with a monofilament trimmer and shall be done every two weeks during the growing season and as needed during the winter. All curbs, walks and paved areas shall be edged with a steel blade edger. Tree beds and shrub beds, buildings and other perimeter areas should be edged with herbicides. Edging frequency shall be every four weeks. Lawn areas will be aerated and reseeded once a year. Fescue Fall (October/November) Bermuda Spring (February/March) Fertilizer and Lime: Apply balanced slow release turf fertilizer 3 times/ year in early, late fall and late winter. Apply lime as needed as per soil tests. Herbicide Applications: Herbicides will be applied around obstacles, buildings and other items to prevent damage by trimmers. Herbicides will also be applied to stop the growth of weeds in sidewalks, curbs and pavement.

32 CITY OF GAINESVILLE CITY WIDE GROUNDS CARE SUPPLEMENTARY CONDITIONS SHRUBBERY, TREES, PLANTING BEDS, NATURAL AREAS, GROUND COVER, VINES AND ORNAMENTALS Trimming & Pruning: For all shrubs and trees under 4 caliper or 12 in height. All plant materials shall receive light pruning as needed during the growing season to shape, maintain plant size, encourage new growth and remove deadwood. Trim trees of any size that have branches impeding vehicle traffic up to 10. Fertilization and Lime: Mulching: Herbicides: Insecticides: Shrubs and small trees shall be fertilized 1-3 per year depending on whether plants have filled their space. Pine straw shall be provided as mulch material. Mulching shall be applied during dormant months. Frequency of once per year. Weed control in shrub beds and in mulched areas shall be provided as needed. Weeds in the pavement will be sprayed and or removed as necessary. If needed insects shall be controlled with preventive spraying utilizing approved insecticides. This will be an additional cost with the Owner s approval. 2. OTHER SERVICES Leaves: Litter: Inspection: Leaves shall be collected and disposed of off-site (unless an appropriate on-site location is approved) during the leaf season. The grounds shall be policed for litter on every visit and paved areas blown to remove organic debris. The contractor shall be subject to inspection at all times by duly authorized city personnel for conformance with the specifications. INDUSTRIAL PARK LOCATIONS *SEE INCLUDED MAPS

33 CITY OF GAINESVILLE CITY WIDE GROUNDS CARE SUPPLEMENTARY CONDITIONS Name Directions S.R. 60 North (Queen City Parkway) ½ mile Airport Industrial Park Left turn at signal to Airport Parkway Atlas Circle Business Park Right turn onto.r. 13, go ½ mile north Left turn onto Hilton Drive I-985 North/Cornelia Highway/SR 365 Industrial Park North 2 miles north of Exit 24 Left turn onto Ramsey Road Cross White Sulphur Road Located on airport s Southern boundary. Palmour Industrial Park South Drive is the last street on Queen City before 985 Located on Atlanta Hwy. aprox. 2 miles south of Chicopee Mill. Industrial Park West Right turn onto West Park Drive Gainesville Industrial Park Located off Calvary Church Road about 1 mile past Candler Highway FOR ANNUALS AT CITY SIGNS The spring and fall annual plantings shall be at Industrial Park West and the Community Service Center (Carol Lundy Center). Pansies will be planted in the fall and an approved drought resistant annual in the spring. The Contractor shall prep the beds, apply fertilizer, herbicides or insecticides as needed and water as necessary. Plantings will not be done during outdoor watering bans. Include this cost in the individual breakdown for these projects. FOR EXIT 20 MAINTENANCE This location s maintenance requirements shall be weed control, yearly pine straw installation and trimming and pruning as needed or required for proper care of installed plantings. END OF SECTION

34 Appendix F

35 City of Gainesville, Georgia (Insert Name of Project/Service) CONTRACT This Contract is made this day of in the year of. BETWEEN: AND THE CONTRACTOR: PROJECT/SERVICE NAME: The City of Gainesville, Georgia (Hereinafter City) 300 Henry Ward Way Gainesville, Georgia (Insert the name of the Contractor) (Hereinafter Contractor) (Insert the address of the Contractor) (Insert the name of the Project/Service) The City and the Contractor agree as set forth below: Article 1. THE CONTRACT DOCUMENTS: The Contract consists of the following documents as indicated below and attached to this contract and herby made a part hereof, together with any other document, agreements, plans or specification which are incorporated herein by reference, all of which together are the Contract. (a) The City s Request for Proposal/Bid (Exhibit ); (b) The Contractor s Proposal/Bid (Exhibit ); (c) Scope of Work or Scope of Services (Exhibit ); (d) Conditions of the Contract (Exhibit ); (e) Minimum Standards of Service (Exhibit ); (f) Drawings (Exhibit ); (g) Specifications (Exhibit ); (h) Fee Schedule (Exhibit ); (i) Purchase Order (Exhibit ); (j) Insurance Certificates (Exhibit ); (k) Business Registration (Exhibit ); (l) Addenda issued prior to execution of this Contract and modifications issued subsequent thereto as described below (Exhibit ); ; and Page 1 of 6 Contractor City

36 (m) Other documents as described below (Exhibit ):. Article 2. CITY VENDOR STATUS: A City of Gainesville Vendor Application Packet shall be completed and accepted by the City prior to the effective date of this contract. The Vendor Application Packet information shall be revised and updated in a timely fashion by the Vendor if any information changes during the term of this Contract. Any material changes to the eligibility of the Vendor to contract with the City or which substantially impairs the ability of the Vendor to perform, may provide the City with grounds to revoke acceptance of the vendor as an approved Vendor and to terminate this Contract. Article 3. THE WORK: The Contractor shall perform all the work required by this Contract for (Insert the name of the Project/Service) as described in the Contract Documents. Article 4. CONTRACT'S LENGTH OF TIME: This Contract shall be for a month period, beginning on and ending on. The City shall have the option to renew the contract for one-year period(s) provided the service is satisfactory, both parties are willing to renew, and the extension is approved by the City. The City may terminate this Contract, with or without cause, on thirty (30) days written notice to Contract. Article 5. CONTRACT PRICE: The contract price for this Contract is $. Article 6. PAYMENT: The City shall pay the Contractor for the faithful performance of the work as specified herein. Payment for the work/services under this Contract shall be made in accordance with the provisions of this Contract. Article 7. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor is hired by the City to perform the work under this Contract as an independent contractor. Article 8. INDEMNIFICATION: The Contractor shall indemnify and hold harmless the City and its agents and employees from and against all claims, damages, losses and expenses including claims, consultants, and attorney's fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease, death, or injury to or destruction of tangible property including the loss of use resulting therefrom; and is caused in whole or in part by any act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. Article 9. TERMINATION: In the event that any of the provisions of this contract are violated by the Contractor, or by any of his subcontractors, the City may serve written notice upon the Contractor of the City's intention to terminate the Contract. Such notice to contain the reasons for such intention to terminate the Contract, and unless within five (5) working days from receipt of such notice by the Contractor, such violation or delay shall cease and satisfactory arrangement or correction be made, the City shall, upon the expiration of said five (5) working days, have the right to suspend the contract and may temporarily use its own work force or use another Contractor, to provide the services under this contract until a new contractor can be selected. Article 10. PUBLIC INFORMATION: Any contractor or subcontractor of the City of Gainesville is subject to the Sunshine and Open Records Laws as pertains to any contract with the City. Article 11. INSURANCE: Before commencing the work under this Contract, and as a condition of any payment for the work, the Contractor shall deliver to City a certificate with signed declaration pages, or written proof that the attached declaration pages are a copy of the original declaration page, and attached riders and Page 2 of 6 Contractor City

37 endorsements which show (i) that the City is listed as an Additional Insured on the policy and (ii) which shows to the satisfaction of the City, that the required insurance is in force. The Insurance Carrier(s) shall provide to the City at least thirty (30) days written notice before canceling, materially changing, or discontinuing coverage. Notice shall be sent via certified mail, return receipt requested to Bryan Lackey, City Manager, City of Gainesville, P. O. Box 2496, Gainesville, Georgia Contractor shall deliver written notice of any such cancellation, modification or termination within twenty-four (24) hours of receiving any notice thereof. Failure by the Contractor to deliver proof of insurance as provided in this Paragraph, or notice as required in this paragraph, shall constitute a material substantial breach of this Contract. All such documents shall be delivered directly to the City Manager. Each of these documents which show the required insurance coverage shall be attached to each set of original Contract Documents when the documents are transmitted to the City for final execution and approval. If desired, the insurance carrier may redact the premium amount from the declaration page Insurance is to be placed with duly licensed or approved non-admitted insurer in the state of Georgia with an A.M. Best rating of no less than A-VI. The City in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. The Contractor shall not allow any subcontractor to commence any work on subcontractor s contract until all similar insurance required of the subcontractor has been so obtained and approved by the City and Contractor. (a) Commercial General Liability: The Contractor shall procure and shall maintain during the life of this Contract, General Liability Insurance to protect the Contractor, any subcontractor performing work covered by this Contract, and the City as an additional insured, from claims for damages for bodily injury, including accidental death, as well as from claims for property damages, which may arise from operations under this Contract, whether such operations are by the Contractor or by any subcontractor or by anyone directly or indirectly employed by either of them. The amount of insurance shall not be less than the following: Each Occurrence $1,000,000 Personal & Advertising Injury $1,000,000 Medical Expense Any One Person $5,000 Damage to Rented Premises $50,000 General Aggregate $2,000,000 Products (Completed/Operations Aggregate) $2,000,000 (b) Automobile Liability: The Contractor shall procure and shall maintain during the life of this Contract, Comprehensive Automobile Liability Insurance for bodily injury and property damage. The insurance shall include coverage for owned, non-owned and hired vehicles. Amounts shall not be less than the following: Combined Single Limit Per Accident $1,000,000 (c) Excess/Umbrella Liability: The Contractor shall procure and shall maintain during the life of this Contract Excess or Umbrella Liability Insurance over General Liability, Auto Liability and Employers Liability. Umbrella or excess liability policies shall provide coverage at least as broad as specified for underlying coverages and covering those insured in the underlying policies. Coverage shall be pay on behalf, with defense cost payable in addition to policy limits. There shall be no cross liability exclusion of claims or suits by one insured against another. The amounts of coverage shall not be less than the following: Each Occurrence $1,000,000 Aggregate $1,000,000 (d) Worker s Compensation and Employer s Liability: The Contractor shall procure and shall maintain during the life of this Contract, Worker s Compensation and Employer s Liability Page 3 of 6 Contractor City

38 Insurance for all of Contractor s employees to be engaged in work on the Project/Service under this Contract, and in case any such work is sublet, the Contractor shall require the subcontractor similarly to provide Worker s Compensation Insurance for all of the subcontractor s employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor s Worker s Compensation Insurance. Workers Compensation Each Employee Statutory Limits Employer s Liability Each Employee $1,000,000 Employer s Liability Each Accident $1,000,000 If self-insured, proof of filing with the State of Georgia and secured, set aside funds shall be required. (e) Professional Liability: The Contractor shall procure and shall maintain during the life of this Contract, Professional Liability Insurance to protect the Contractor from failure to perform on the part of the Contractor or financial loss caused by an error or omission in the service provided by the Contractor. Each Occurrence $1,000,000 (f) Materials and Equipment Floater (Only required for contracts involving storage and installation of materials): The Contractor shall procure and shall maintain during the life of this Contract Materials and Equipment Floater Insurance to protect the interests of the City, the Contractor, and subcontractors against loss by vandalism, malicious mischief, and all hazards included in a standard All Risk Endorsement. (g) Other insurance requirements as described below: Additional Insured: The insurance policies required by this Contract shall be endorsed to include City of Gainesville, Georgia, its officers, elected or appointed officials, agents, employees, volunteers, and representatives as Additional Insured with respect to work performed under the Contract. (This requirement does not apply to Worker s Compensation, Employer s Liability, or Professional Liability coverage). In addition to a statement on the Certificate of Insurance, a copy of the endorsement shall be provided. Renewal certificates shall be provided to the City prior to the expiration date of existing coverage, and shall be provided continuously for a period of one year after the completion of the work. All documents shall reference the contract name. Article 12. BUSINESS REGISTRATION: (a) Business corporations, nonprofit corporations, professional corporations, limited partnerships (LP), and limited liability companies (LLC), are formed in Georgia by filing with the Corporations Division of the Georgia Office of Secretary of State. Attached hereto as Exhibit is proof that the Contractor is a registered business with the Georgia Secretary of State and (1) demonstrates that the business is active and in compliance with State registration and reporting requirements, and (2) identifies corporate officers. (b) For a sole proprietor to operate legally in the State of Georgia, registration is handled through the city or county in which the primary place of business will be located. Attached hereto as Exhibit is proof that the Contractor is a business registered with a city or county located in the state of Georgia. Page 4 of 6 Contractor City

39 Article 13. GOVERNING LAW: Arbitration will not be allowed. This Contract will be governed by, and construed in accordance with, the laws of the State of Georgia, without regard to its conflict of laws provisions. The Contractor hereby submits to the jurisdiction of the Georgia Courts and will obtain and maintain an agent for service of process in the State of Georgia. Neither party will bring any action against the other party arising out of or relating to this Contract in any forum or venue except the Superior Court of Hall County, Georgia. The Contractor irrevocably waives any present or future objections to such venue for any such legal action and irrevocably waives the right to bring any legal action in any other jurisdiction. Article 14. COUNTERPARTS: This Contract may be executed in several counterparts, all of which taken together shall constitute one single contract between the parties hereto. Article 15. INVALIDITY: The parties to this Contract have negotiated and prepared the terms of this Contract in good faith and with the intent that every term, covenant and condition be binding upon and inure to the benefit of the respective party. Accordingly, if any one or more of the terms, provisions, promises, covenants or conditions of this Contract or the application thereof to any person or circumstance shall be adjudged to any extent invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, that provision shall be as narrowly construed as possible, and all the remaining terms, provisions, promises, covenants, and conditions of this Contract or their application to other persons or circumstances shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. To the extent this Contract is in violation of applicable law, the parties agree to negotiate in good faith to amend this Contract to the extent possible to remain consistent with each of its purposes and to conform to applicable law. Article 16. CONFORMANCE OF CONTRACT WITH THE LAW: It is the intent and understanding of the parties to this Contract that each and every provision of law required to be inserted in this Contract shall be and is inserted herein. Furthermore, it is hereby stipulated that every such provision is deemed to be inserted herein, and if through mistakes or otherwise, any such provision is not inserted in correct form, then this Contract shall upon application of either party, be amended by such insertion so as to comply strictly with the law and without prejudice to the rights of either party. If this Contract contains any unlawful provisions, not an essential part of the Contract and which appears not to have been a controlling or material inducement to the making hereof, the same shall be deemed of no effect, and shall upon the application of either party be stricken from the Contract without affecting the binding of the Contract as it shall remain after omitting such provision. The parties agree that this Contract shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. Article 17. CONSEQUENTIAL AND PUNITIVE DAMAGES: Notwithstanding any other provision of this Contract, the City and the Contractor shall be entitled to only actual damages resulting from the other party s breach of any provision of this Contract (excluding any consequential, special, punitive or exemplary damages or damages that are multiples of the actual damages). Article 18. ENTIRE CONTRACT: This Contract constitutes the entire contract between the City and the Contractor with respect to the subject matter hereof and supersedes all prior contracts. This Contract shall not be amended or waived, in whole or in part, except in writing signed by both the City and the Contractor. Article 19. NOTICES: All notices and other communications permitted or required pursuant to this Contract shall be in writing, addressed to the party at the address below or to such other address as the party may designate from time to time. All notices and other communications shall be mailed by certified or registered mail, return receipt requested, postage pre-paid, or personally delivered. The City of Gainesville, Georgia Attention: Bryan Lackey, City Manager 300 Henry Ward Way, Suite 303 P. O. Box 2496 Page 5 of 6 Contractor City

40 Gainesville, Georgia (Insert the name of the Contractor) Attention: (Insert the name and title of the owner/officer) (Insert the address of the Contractor) IN WITNESS WHEREOF, the City and the Contractor have executed under seal this Contract as of the date first above written. APPROVED AS TO FORM: Abbott S. Hayes, Jr. Hulsey, Oliver & Mahar, LLP City Attorney THE CITY OF GAINESVILLE (INSERT CONTRACTOR NAME) By: Bryan Lackey, City Manager By: (Insert name and title) Attest: Denise O. Jordan, City Clerk Attest: (Insert name and title) (CITY SEAL) (IMPRINT SEAL) Note: If the Contractor is registered with the Georgia Secretary of State as described in Article 12(a) of this contract, the contract shall be signed by an officer of the corporation, attested by the corporate secretary, and the corporate seal affixed. If the Contractor is a sole proprietor as described in Article 12(b) of this contract, the contract shall be signed by the individual and attested by a notary public. Page 6 of 6 Contractor City